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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 16, 1984
REPORT NO. : PD-88-84
SUBJECT: CONVEYANCE TO TOWN - PART 3, PLAN 1OR-1744
STATION STREET RIGHT-OF-WAY, ORONO
OUR FILE: LD 317/82
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-88-84 be received; and
2. That Mr. Major's request of March 6, 1984 be
denied; and
3. That the Town ' s position in respect of the
applicant 's proposed severance remain as
follows :
"Approval of the severance of Part 2, Plan
1OR-1744, conditional upon the conveyance of
Part 3, Plan 1OR-1744 to the Town of Newcastle
and satisfying the Town 's requirements
financial and otherwise."
. . .2
REPORT NO. : PD-88-84 Page 2
BACKGROUND AND COMMENT:
On October 11 , 1983, Council considered Staff Report
PD-150-83 and approved the following Resolution #C-758-83:
"THAT the recommendations in Report PD-150-83 be
endorsed; and
1 . That Staff Report PD-122-83 be received ; and
2. That Staff Report PD-150-83 be received; and
3. That Mr. James Major be requested to convey to the
Town of Newcastle the travelled portion of Station
Street indicated on Key Map 2 attached to Staff
Report PD-122-83; and
4. That in consideration of the aforementioned
conveyance, the Town shall provide comments to the
Region of Durham Land Division Committee in
support of the severance of one (1 ) lot from Mr.
Major' s property, said severance being conditional
upon the approval of the Durham Regional Health
Unit ; and further that the Town of Newcastle will
pay to Mr. Major the cost of a water connection to
the proposed severed lot, up to the value of
Eighteen Hundred Dollars ($1 ,800.00) ; and further
that the Town will pay all legal and survey costs
associated with the proposed conveyance and that
these costs be paid for out of an account to be
designated by Council ; and
5. That the following resolution be forwarded to the
Regional Municipality of Durham for their
consideration :
"WHEREAS the Corporation of the Town of Newcastle
has deemed it adviseable to acquire certain lands
occupied by part of the travelled portion of
Station Street in Orono and comprising Part of Lot
2.8, Concession 5, geographic Township of Clarke in
order to obtain municipal ownership of an
appropriate road allowance for Station Street;
AND WHEREAS such acquisition will allow Mr. J.
Major to apply for land severance for one (1 )
residential lot fronting on Church Street, Orono;
. . .3
REPORT NO. : PD-88-84 Page 3
AND WHEREAS such acquisition recognizes
I
previous commitments to the development of
residential lots on the Major property;
BE IT NOW THEREFORE RESOLVED that the Region of
Durham is hereby requested to consider
licharging
o
only the service connection charge app
the development of the residential lot
"CARRIED"
Acting p Staff advised both the
u on Council 's directions,
applicant and the Region of the Town' s position.
By letter
of December 12, 1983, the Region advised that they would not
be waiving levy and frontage charges as requested by the
Town, and that charges would be due in accordance with
Regional policy. There was no explanation provided by
Regional Staff to indicate that there was any difference
between the subject application and the previously consider-
ed application by Mr. MacLaren.
By letter of January 11 , 1984, Town staff advised Mr. Major
of the Region's position, and requested a written indication
of how this decision would affect his position in respect of
the conveyance.
* Mr. Major replied by letter of March 6, 1984, copy
attached,
and indicated that the Town 's previous offer of Eighteen
Hundred Dollars ($1 ,800.00) was no longer acceptable. He
now indicates that he would like exactly the same settlement
as Mr. MacLaren received,
being payment of an amount of
Three Thousand, Eight Hundred and Sixty Dollars ($3,860.00) ,
plus payment of all Regional charges. Staff Report
* PD-150-83, copy attached , detailed the basis for the
MacLaren settlement, and as such, Staff w i l l not rrep at them
here. Suffice it to say, that exactly the same
has been applied in this case.
. . .4
REPORT NO. : PD-88-84
Page 4
Mr. Major' s request is therefore, inconsistent with the
Town 's previous actions, and in Staff's opinion, should be
denied. The settlement offered to Mr. Major is fair and
equitable under the circumstances, and Staff are unable to
recommend any changes to the Town' s present position. At
the present point in time, the Regional Land Division
Committee has been advised that the Town would have no
objection to the proposed severance to create one (1 )
additional lot, conditional upon the satisfactory conveyance
of the road allowance to the Town, and satisfaction of all
other Town requirements, financial or otherwise. Failing
any alternate direction from Council , Staff will proceed in
accordance with Resolution #C-758-83, and will file any
necessary appeals, should the Land Division Committee
approve the severance application without regard for the
Town 's requirements.
Respectfull bm' ted,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*j i p
*Attach.
March 26, 1984
Applicant: Mr. James Major
Station Street
ORONO, Ontario
LOB IMO
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MAR 7 1984
TOWN OF NEWCASTLE
PLANNING DEPARTMENT _J
4
C ORPORATION OF THE TOWN OF NEWCASTLE
T.T.EDWARDS,M.C.I.P.,Director
PLANNING AND DEVELOPMENT DEPARTMENT TEL.(416)263.2231
HAMPTON,ONTARIO LOB 1JO
REPORT TO THE COUNCIL MEETING OF OCTOBER 11 , 1983
REPORT NO. : PD-150-83
SUBJECT: CONVEYANCE TO TOWNOFMES MAORONO
STATION STREET RIG HT-
OUR FILE: LO 317/82
RECOMMENDATION:
�
It is respectfully recommended that Council app roved the
following:
1 . That Staff Report PD-122-83 be received; and
2, That Staff Report PD-150-83 be received; and
That Mr. James Major be requested to convey to
3.
the Town of Newcastle the travelled portico offS Station
Street indicated on Key Map 2. attached to
PD-122-83; and
4. That in consideration of the aforementioned
conveyance, the Town shall provide comments tohehsever of
ance
Durham Land Division Committee in support of t
said severance
of one (1 ) lot from Mr. Major's property,
being conditional upon the approval of the Durham Regional
Health Unit; and further that the Town of Newcastle
p will pay
to Mr. Major the cost of a water connection
severed lot, up to the value of Eighteen Hundred Dollars
($1 ,8p0,00) ; and further that the Town will pay all legal
and survey costs associated with the proposed conveyance and
that these costs be paid for out of an account to be
designated by Council ; and
. . .2/
i
page ?_
REPORT NO. : PO loo 83
following resolution be forwarded to I
That the f I
5' Municipality of Durham for their consideration :
the Regional Municip ration of the Town of acquire
"WHEREAS The Corp o
Newcastle has dccuedied bydpartbof the ac Orono
certain lands o p Concesion 5,
travelled portion of s
Station Street s in
and comprising Part of Lot 2 in order to
geographic Township of Clarke e appropriate
al ownership of an
obtain municipal Station Street;
road allowance
AS such acquisition will allow Mr-lJ•
WHEREAS for land severance for one ( )
Major to apply on Church Street ,
residential lot fronting
Orono ; recognizes
AND WHEREAS such acquisition evel ment of
previous commitments to the development
residential lots on the Major that the Region
BE IT NOW THEREFORE RESOested to consider
of Durham is hereby req
charging only the servicementnoft charge
the
applicable to the dev p
residential lot" '-
BACKGROUND AND COMMENT:
and Administration Committee Report meeting
At the General purpose
r 3, 1983, the Committee considered Staff dames
of October uests submitted Y
PD_122_33 in respect of req a portion of
ance of P
Major of Orono related to the convey f-way for Station Street
Municipal rig
land required as a conveyance. As a result of the
and his conditions for chit wasYresolved that staff should
dommittee' s consideration,
contact Mr.
Major to ensure that he was aware ons of e Staff
contents and implications of the re staff contacted Mr .
Following therefrom ust 28,
Report PD-122-83• h his letter of Aug
Major and ascertained that althoug 1 lot
de reference to the severance of one ( )
1983 only ma . . .3/
Page 3
REPORT NO. : pn-150-83
i
nt of an amount equal to the cost of one (1 )
and payme ue
water connection , he was in fact req sting an identical
McLaren in respect of
settlement to that reached with Mr.
abutting lands to the east.
will recall , an agreement was reached with Mr.
As Council required for
McLaren in order to effect a transfer of
agreement eancluded
That
the Station Street right-Of-way•
the following: the Town to Mr. McLaren , of
_ Conveyance by
five (5) parcels of land;
Payment of all legal and survey costs
associated with the transfer of lands ;
_ The waiving of applicable development
charges ;
of a recommendation to Regional
- Forwarding Tonal levies and frontage
Council , that Reg
charges also be waived.
a reement it was assumed that the iaau of
In reaching this g plus the applicable
the lands being
conveyed by the Town ,
was equivalent to the value of the lanthebonly
lot levies Therefore,
conveyed by Mr. McLaren to the Town.
additional consideration was the payment of legal and survey
'
n involved a land since the transactio d°
costs s' survey costs ,
�
cash transfer. With resp
ect to the legal an
that the basis of this consideration was the
it would appear proceeded to expropriat> >
fact that if the Town had P al and survey costs in any
would have incurred certain leg
event.
aid to Mr.
that regard, it should be noted that Hundred and Sixty
in Eight
McLaren a sum of Three co°efa hose costs reflecting an
Dollars ($3,860-00) to ursuit of this
amount already expended by Mr. McLaren in P
i
i
i
Page 4 � I
REPORT NO. : pl,- 150-83
I
transfer of lands . Out of this however ,
Mr. Mc Laren was I
a ment of water connection charges
himself , responsible for p Y
for any new lots created. I
I
Mr. Major is proposing
the conveyance of a
In comparison ,
portion of a road allowance with an estimated hanvel of
for payment
p 1 800.00) in exc 9
Eighteen Hundred Dollars ($
for- one water connection. The value of a water tonne ti may
is estimated at Fifteen Hundred Dollars ($1 ,500-0 ) ,ncurred at the
be more or less depending upon actual costs
time of installation. It is not unreasonable therefore , for
the Town to pay for one water connection and f a combined
portion of the lot levy up to but not exceeding
1 800.00)• Similarity
total of Eighteen Hundred Dollars ($1
assume payment of
it is not unreasonable for
le al and survey costs given Council 's decision in respect
9
of the Mc Laren agreement.
As was done in Mr. McLaren's case , pa should be made to
Mr. Major on the basis of the value of the land. Mr. Major
can then apply that payment to defray his costs which
include the water connection and Town levy.
With respect to the Regional Development charges , staff can
only recommend that, as in the case of Mr•Regional McLaren
1 , he and
Region of Durham be requestederation is received
frontage charges. If favourable consideration
from the Region, then Mr. Major could expect to pay, in
addition to the Regional road levy, the Town's lot levy for
that
one (1 ) lot and the cost of one water connec ioortoEighteen
lot. The Town on the other hand plyasoassuming all legal
Hundred Dollars ($1 ,800.00) as w e
and survey costs associated with the transaction.
Respectfull sub 'tted,
T.T. ar
M.C.I .P.
_...-,,.. of planning
I
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PROPOSED LANDS TO BE
CONVEYED TO TOWN
LANDS SUBJECT TO
SEVERANCE APPLICATION 50 150ft,��