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Home My WebLink AboutWD-33-89 10(c) `°'U" '� , TOWN OF NEWCASTLE REPORT F i l e # Res. # By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING DATE: - FEBRUARY 20, 1989 REPORT #: WD-33-89 FILE #: SUBJECT: REQUEST FOR CLOSURE-AND CONVEYANCE OF MANN, WINNSTANRLY STREETS (HENDRY PROPERTY) 1OR--3187 UNNAMED STREETS, (MUTTON PROPERTY) 1OR-3186 SCHICKEDANZ BROTHERS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-33-89 be received; and 2. THAT the unopened streets described as follows, be closed and conveyed: 1) Part of Mann Street Lots 9 and 10, Concession 2, former Darlington 'Township shown as Part 1; and Part of Winnstanley Street between Blocks A and B shown as Part 2; on Plan 1OR-3187 (Hendry Property) ; AND 2) Unnamed Streets Lot 9, Concession 1, former Darlington Township, shown as Parts 3 and 4 on Plan 1OR-3186 (Mutton Property) ; and 3. THAT the value of said lands be established not by land. appraisal but that new roads laid out by the draft Plan of Subdivision be exchanged for the unopened registered streets; and 4. THAT staff be authorized to complete the procedure for closure and conveyance in accordance with Town Policy. . . .2 Pag e 2 WD-33-89 5. THAT Strike & Strike, P.O. Box 7, 38 King Street West, Bowmanvile, L1C 3K8, solicitors for the applicant, be advised of Council' s decision. REPORT 1.0 ATTACHMENTS Attachment No.l: Site locations - Applications No.l and No.2 Attachment No.2: Application No.l - Former Hendry Property Attachment No.3: Application N0.2 - Mutton Property Attachment No.4a: Resolution #C-942-87 Attachment No.4b: Resolution #C-943-87 2.0 BACKGROUND 2.1 There are two applications for Road Closure and Conveyance of road allowances located in Concession 1 and 2, Lots 9 and 10, Bowmanville (see Attachment No.l) submitted by Strike & Strike, Barristers & Solicitors, on behalf of Schickedanz Bros. Limited. 2.1.1 Application No.l - Former Hendry Property Parts of Mann Street and Winnstanley Street, T.W. Herrick's Plan for Porter and Bradshaw, Part Lots 9 and 10, Concession 2. Plan 10R-3187 shows the proposed closures as Parts 1, Mann Street and Part 2, Winnstanley Street (see Attachment No.2) . 2.1.2 These lands were shown as proposed streets on a plan prepared by T.W. Herrick in 1856 but were never opened to the public or assumed by the Municipality. The unopened streets have remained as farm land and were conveyed by Robert & Ethel Hendry to Schickedanz Bros. Limited by deed in September 1972. 2.1.4 The total area of land registered as road allowance is: Part 1 - 0.874 acres Part 2 - 0.148 acres Total : 1.022 acres . . .3 Page 3 WD-33-89 2.1.5 The total area of land to be constructed and designated as road allowance in the draft Plan is 12.72 acres. 2.2 Application N0.2 - Mutton Property Unnamed streets according to Hutcheson Plan Part of Lot 9, Concession 1, Plan 1OR-3186 shows the proposed closures as Part 3 and Part 4 (see Attachment No.3) . 2.2.1 The unnamed road allowances within the Hutcheson Plan are located within land transferred to William and Ruth Mutton by deed in 1948. The Mutton Property is currently under a Sale Agreement to Schickedanz Bros. Limited. 2.2.2 The total area of land registered as road allowance is ; Part 3 - 0.394 acres Part 4 - 0.545 acres Tbtal : 0.939 acres 2.2.3 There is no Plan of Subdivision submitted for this parcel of land. 3.0 REASONS FOR REQUEST OF CLOSURES 3.1 Schickedanz Bros. Limited intend to develop these lands by plans of subdivision. Prior to the mandatory transfer of land into the Land Title System, the Land Title Office requires all clouds on title including any unclear status of road allowance be removed. Hence, Schickedanz Bros. Limited have made application for closure and conveyance according to Zbwn Policy. 4.0 COMMENTS 4.1 The road allowances are proposed streets on two separate plans drawn up by John Hutcheson and by T.W. Herrick; both in 1856. These proposed streets were never opened, never developed, and were assessed by the Town. These road allowances were apparently described in the deeds held by the current owners. Page 4 WD-33-89 4.2 Closure of these road allowances would facilitate efficient and orderly development of new Plans of Subdivision and new road allowance more appropriate to today's situation and the intent of the Town's official Plan. 5.0 COMPLIANCE WITH TOWN POLICY 5.1 The applicant has satisfied all requirements with respect to the Town's Policy, to-date, and circulation to all departments, agencies and authorities is complete and no objections were noted. 6.0 COMPENSATION 6.1 In order to maintain the integrity of the Town's Policy and ensure all property owners are dealt with equitably, it is recommended that closure and conveyance of these properties be proceeded with in accordance with Town Policy, but, that in consideration of the extent of new roads to be laid out by the various draft plans of subdivision, which greatly exceed the extent of roads to be closed, no compensation be sought from the applicants for road closure, save and except, the cost of all legal, advertising and survey fees. 6.2 As support for the above, in 1987, Council adopted the recommendations in Reports PD-287-87 (Resolution #-C942-87) and PD-294-87 (Resolution #C-943-87) and conveying road allowances of similar status being developed under Plan of Subdivision (see Attachments No.4{a} and No.4{b}) . 7.0 RECOMMENDATIONS 7.1 It is, therefore, recommended that: 1) Parts of the unopened road allowances registered as Mann Street (Part 1) and Winnstanley Street (Part 2) on Plan 1OR-3187; and Part of the unnamed streets shown as Part 3 and Part 4 on Plan 1OR-3186, be closed and conveyed in accordance with Town Policy; 2) That consideration for compensation be the extent of the new roads laid out in exchange for the registered unopened streets, and that all legal, advertising and survey costs be paid by the applicant in accordance with Town Policy. Page 5 WD-33°89 Respectfully submitted, Recommended for presentation to the Committee, �- t �'-Av Walter A. Evans, P. Eng., Lawrence° )Kotseff, Director of Public works. Chief Admir)istrative Officer. JCO:lly February 10, 1989 �, 11 R ao SITE LOCATION R. R cO� HNNpAT K L ` ®�� R •ev.� R •+atrt wy M/4N1UY M 40 N BOWMANVILLE B.F. ATTACHMENT N0, 1 D LAKE ONTAR/O TO REPORT WD-33-89 SITE LOCATIONS METRIC O,IAETPES SHOWN ON THIS PLAN ARE I REQUIRE THIS PLAN t0 BE DEPOSITED PLAN 10R- 3 i 8 7 IN rtETitES,ANO CAN BE CONVERTED TO FEET BY DIVIDING BY 0.50,48 \v UNDER THE REGISTRY ACT _f RECEIVED ANG DEPOSITED DATE 1989 DATE �rFxhJ_�.�� -�-- 1989 1 �f. j — P.J.GRE G D IRE LAN A l TRAR FOR THE 1 - \�`• I Ontoro Lard Surveyor RNO 1 I Y DIVISION OF t&WC�S:LE ( j I THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE CAUTION MEANING OF THE PLANNING ACT. — li _ _ SCHEDULE _ _ PART STREET REGISTERED PLAN INSTRUMENT j AREAm? — �• I PART OF Ki PORTER 4N0 N71°5550'E .` 2 PART OF 9RADSHAW - _---- 1219 (fK'9 Stti -�I SIn WINNSTANL E _- 1 1 PLAN OF SURVEY OF 1 VT 51 I_C'T �' i PART OF WINNSTANLEY STREETTRA°ELLED) - - BETWEEN BLOCKS 'A' AND 'B' AND Or LOT 4L ;.OT tin - i PART OF MANN STREET (NOT TRAVELLED) AGCOR DING TO TW.HERRICK'S PLAN _� ------ -- - - ; FOR PORTER AND BRADSHAW ;X1 T :- FORMERLY TOWN OF BOWMANVILLE �I 6 NOW IN THE I m ro :_oT TOWN OF NEWCASTLE CL I —=—' REGIONAL MUNICIPALITY OF DURHAM L I 1 SCALE : I : 1500 • ,� (i 11 Iu �o «, .,. is--- - oeT.,•.I K4 !L' MARSHALL MACKLIN MONAGHAN ' n T 3S :_CT 4; 0= ONTARIO LIMITED Ontorio Lond Surveyors /1 C 19 89 \./ LOT LOT 3A t;_,,--. --_ LEGEND L-IT 35 53 ® DF.N O TES SURVEY MONUMENT FOUND o", - _--_-_ 7 CENYJTES ^UkvEY MONUMENT PLANTED IB DE ROTES 1kON BAR O. ,; L.'..TT 33 mil„T 5•: SIB DENOTES STANDARD IRON BAR T'j F,) �? PI 0 E OTES P'_.:N NOR-976 ----T ____ RL DENOTES TW HERRICKS PLAN ` I 1005 DENOTES CF FLEISHMANN OL,S y '')T :St IIof, DENOTES MD BROWN OL S. U.rdM DENOrES MARSHALL MACKLIN MONAGHAN ONTAkK1 Lim TED — — — , 29 `: s L,,T j,; I Q NOTE - T BEARINC'-.E As TRC11C+.uC ANC AkF RFTERRED TO THE WESTERLY 1219(nvasr) r LIMIT OF MANN STHEt f ACC:.V2DING TO A PLAN PREPARED BY ( �L, IY�. C). MARSHALL MACKLIN M,JNAGHAN,ONTARIO LIMITED 0l4TAR)O LAND 1 o LI)T 2 8 SURVEYORS DA TED FEBRUARY 19th 1988 HAVING A BEARING C; — :I8'25'00"w t • 1 m • :Z 1`1 ,,h '.STA • 're 159'Id 1 1a nr fRAVF, .S0 ,C 4N FC NL=" STREET 4a9 b 4%26 Meo,1 :arml--f- '- -----'---.. ,A)-m10'E R9.:o lcN ,a I62 Nn°5410'[ 7 5,9 N70'3410E�j f. Da0 't4° �.�, ,;fs�- ------ SJRVEYOR'S CERTIFICATE BART 2 I '°:'" ;�LJ�yI s��I;,T __ N__•'l_--_._— I CERTIFY THAT THIS SURVEY AND PLAN APE CORRECT AND IN ACCORDANCE WIT THE I•B�� I H SURVEYS ACT AND THE REGIS 7RY ACT AND THE REGUL ATIONS M AOE THEREUNDER 111 2.��I 2. 'HE SURVEY WAS COMFLETCD ON THE IOIh DAY OF JANUARY 1969 K �.) f P—j A111 P GRE -- f ATTACHMENT NO. 2 AND 2 MARSHALL MA TO REPORT IUD-33-a9 ONTARIO LIMIT HENORY PROPERTY •115 D---Al Rood,Don Mier �0 1 10N qT z.3z-1 ' 4(7,,D ALL�`�WA`�Lr 9 i WE `,N1 I AND 2 40 E 318(NMN7 N 71°0 55. 0100".E 83 39 1 NST,N9 158\091 �r�/��) N 71. 55 OS.'k (P%on) - N 71 54 40E 83.40,oN ,I,e4sr-. N 'I° �4 40'E T ,•"a 42.6 she 30. 77 _4;-- (N/N j •a ry r Q w � •Q �� ;�� a �a - ) �I �; �I Q < �� ;,aye,. t0 ° - ,.�,, -•,r s ;� a ��sE e J a PLAN IOR-3186 yY t S O •T to Fn x C(5 PA RT� I o $ �.� — reQmrt tnrs pion to tx OepOidetl PLAN 10R- 3 j 8 b 0 viler The Regstry Act C30l � (' I .8 RecetveG ona aepouteG oaiE oaT( JVLA ilwr V �S s e t ��- ! � RAR R H FN 3 _ its T o're IIEO-- y pV1510N r NE wC:,['LE O 'O _.-- n PJ Gregare-Ontora Lmd Sv yo, (No lot w IP CAUTION' THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE I pp _ MEANING OF THE PLANNING ACT OD V)Z z �-o a W J r co .7<' --- _ A ED ROAD SPA T 2 Lu 1'7 V) sty+ !_; �,' ;(� I Ln Ld -- -- N 71 ° 54' E 14 4.75 (Zt.P is SN v` cc � o n FPkR T 41 r co N71. 54' 40 E 144.84(R.P 9 1) o o ol Cr LtJ 1� o - ATTACHMENT NO, 3 - )i �)i TO REPORT WD-33-39 -- 762(pp 9Se1) ' MUTTON PROPERTY spa • Resolution #C-942-87 Road Allowances Moved by Councillor McKnight, seconded by Councillor Hubbard Within Hambley Plan of Subdivision 1 . That Report PD-287-87 be received; and Bowmanville 60.46. 1 _ 2. That the following resolution be adopted by Council : "WHEREAS the Council of the Corporation of the Town of Newcastle has been requested to close and convey certain portions of unopened road allowances known as Hambley Street and Lord Elgin Street, located within Part of Lot 12, Concession 2, former Town of Bowmanville; AND WHEREAS said road allowances were originally laid out by the Hambley Plan filed in the Registry Office for the County of Durham on March 3, 1857; l AND WHEREAS in consideration of the benefit to the municipalty of having these road allowances closed and conveyed to facilitate the efficient and orderly development of Parts of Lot 11 and 12, Concession 2, former Town of Bowmanville in accordance with the approved Official Plan for the Major Urban Area; NOW THEREFORE BE IT RESOLVED THAT those unopened portions of Lord Elgin Street and Hambley Street located within Part of Lot 12, Concession 2, former Town of Bowmanville, now in the Town of Newcastle be closed and conveyed in accordance with Town Policy and that compensation for said closure and conveyance be set at all legal and survey fees associated therewith and the benefit to the municipality realized through the implementation of the Town's Official Plan through the efficient use of land and establishment of a transportation system in accordance therewith and furthermore; WHEREAS Council has resolved to agree to closure and conveyance of road allowances within proposed plans of subdivision without compensation save and except legal and survey costs, provided said closure proccer,_s in accordance with the Town' s Road Closing By-law; NOW THEREFORE BE IT RESOLVED THAT staff prepare an appropriate amendment to the Town' s Road Closing By-law to formally recognize same as part of the Town's Road Closing Policy_ "CARRIED" ATTACHMENT N0, 4A WD-33-30 Council Minutes - 9 - November 23, 1987 UNFINISHED BUSINESS Resolution #C-943-87 Road Allowances Moved by Councillor Hubbard, seconded by Councillor McKnight Within Hambley Plan of Subdivision I . That Report PD-294-87 be received; and Bowmanville 60.46. 1 . 2. That the following resolution be adopted by Council : "WHEREAS the Council of the Corporation of the Town of Newcastle has been requested to close and convey certain portions of an unopened road allowance known as Lord Elgin Street, located within Part of Lot 12, Concession 2, former Town of Bowmanville; AND WHEREAS said road allowance was originally laid out by the Hambley Plan filed in the Registry Office for the County of Durham on March 3, 1857; AND WHEREAS in consideration of the benefit to the municiality of having this road allowance closed and conveyed to facilitate the efficient and orderly development of Part Lot 12, Concession 2, former Town of Bowmanville in accordance with the approved Official Plan for the Major Urban Area; NOW THEREFORE BE IT RESOLVED THAT the unopened portion { of Lord Elgin Street, located within Part of Lot 12, Concession 2, former Town of Bowmanville, now in the Town of Newcastle, shown as Part 4 on Plan 1OR-1866, be closed and conveyed in accordance with Town Policy and that compensation for said closure and conveyance be set at all legal and survey fees associated therewith and the benefit to the municipality realized through the implementation of the Town's Official Plan through the efficient use of land and establishment of a transportation system in accordance therewith and that Resolution #C-591-84 establishing a value of $ 14,000./acre for the subject road allowance be rescinded." "CARRIED" ATTACHMENT N0,4B WD-33-89 I (