HomeMy WebLinkAboutPD-150-83 REPORT #4
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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 COUNCIL MEETING OF OCTOBER 11 , 1983
REPORT NO. : PD-150-83
SUBJECT: CONVEYANCE TO TOWN - JAMES MAJOR
STATION STREET RIGHT-OF-WAY, ORONO
OUR FILE: LO 317/82
RECOMMENDATION:
It is respectfully recommended that Council approved the
following :
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
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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 ,800.1710) ; 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
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REPORT NO. : PD-150-83 Page 2
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 advisable 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;
AND WHEREAS such acquisition recognizes
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
charging only the service connection charge
applicable to the development of the
residential lot" ;
BACKGROUND AND COMMENT:
At the General Purpose and Administration Committee meeting
of October 3, 1983, the Committee considered Staff Report
PO-122-83 in respect of requests submitted by Mr. James
Major of Orono related to the conveyance of a portion of
land required as a Municipal right-of-way for Station Street
and his conditions for such conveyance. As a result of the
Committee' s consideration, it was resolved that staff should
contact Mr. Major to ensure that he was aware of the
contents and implications of the recommendations of Staff
Report PD-122-83. Following therefrom, staff contacted Mr .
Major and ascertained that although his letter of August 2.8,
1983 only made reference to the severance of one (1 ) lot
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REPORT NO. : PD-150-83 Page 3
and payment of an amount equal to the cost of one (1 )
water connection, he was in fact requesting an identical
settlement to that reached with Mr. McLaren in respect of
abutting lands to the east.
As Council will recall , an agreement was reached with Mr.
McLaren in order to effect a transfer of lands required for
the Station Street right-of-way. That agreement included
the following:
- Conveyance by the Town to Mr. McLaren , of
five (5) parcels of land;
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Payment of all legal and survey costs
associated with the transfer of lands ;
- The waiving of applicable development
charges ;
- Forwarding of a recommendation to Regional
Council , that Regional levies and frontage
charges also be waived.
In reaching this agreement it was assumed that the value of
the lands being conveyed by the Town , plus the applicable
lot levies was equivalent to the value of the lands being
conveyed by Mr. McLaren to the Town. Therefore, the only
additional consideration was the payment of legal and survey
costs since the transaction involved a land for land and
cash transfer. With respect to the legal and survey costs,
it would appear that the basis of this consideration was the
fact that if the Town had proceeded to expropriation, we
would have incurred certain legal and survey costs in any
event.
In that regard, it should be noted that the Town paid to Mr.
McLaren a sum of Three Thousand, Eight Hundred and Sixty
Dollars ($3,860.00) to cover those costs reflecting an
amount already expended by Mr. McLaren in pursuit of this
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REPORT NO. : PD-150-83 Page 4
transfer of lands. Out of this however, Mr. Mc Laren was
himself, responsible for payment of water connection charges
for any new lots created.
In comparison, Mr. Major is proposing the conveyance of a
portion of a road allowance with an estimated value of
Eighteen Hundred Dollars ($1 ,800.00) in exchange for payment
for one water connection. The value of a water connection
is estimated at Fifteen Hundred Dollars ($1 ,500.00) , but may
be more or less depending upon actual costs incurred at the
time of installation. It is not unreasonable therefore, for
the Town to pay for one water connection and forgive a
portion of the lot levy up to but not exceeding a combined
total of Eighteen Hundred Dollars ($1 ,800.00). Similarily
it is not unreasonable for the Town to assume payment of
legal and survey costs given Council 's decision in respect
of the Mc Laren agreement.
As was done in Mr. McLaren 's case, payment 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 will
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. Mc Laren, the
Region of Durham be requested to waive Regional levies and
frontage charges. If favourable consideration is received
from the Region, then Mr. Major could expect to pay, in
addition to the Regional road levy, the Town 's lot levy for
one (1 ) lot and the cost of one water connection to that
lot. The Town on the other hand pay to Mr. Major, Eighteen
Hundred Dollars ($1 ,800.00) as well as assuming all legal
and survey costs associated with the transaction.
Respectfully sub 'tted,
T.T. ar , M.C. I.P.
Director of Planning
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