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HomeMy WebLinkAboutTM-10-80 TM-10-80 TO: His Worship the Mayor and Members of Council FROM: A. Guiler, Town Manager J. Dunham, Director of Public Works D. N. Smith, Director of Planning DATE: February 12, 1980 SUBJECT: Land Appraisal, Courtice Heights Storm Sewer Outfalls and extension of Sandringham Drive As part of the Expropriation procedures for the Storm Sewer Outfall and extension of Sandringham Drive, the Town was required to obtain pre-expropriation project appraisal reports in order to determine the value of the lands to be expropriated. Meetings were held with property owners in May and June of 1979 and it was agreed that we would have the firm of W. H. Clipperton & Associates Ltd. carry out the appraisals on the south subdivision and the Region to carry out the appraisals on the Phair and Croth property for the Storm Sewer Outfall for the north subdivision. On December 4th the appraisals were received fran Clipperton & Associates and forwarded to Mr. Sims for review as he was preparing for the expropriation hearings to be held in January, 1980. After a careful review of the appraisal documents, Mr. Sims advised Staff that we should have a second appraisal carried out for the expropriations in the South Subdivision and this request was presented to Council on December 17, 1979, and approved by Resolution # C-1699-79 dated December 17, 1979. The firm of Central Ontario Appraisals were requested to carry out the second appraisal and these were received on January 7, 1980. Summary of Appraisals (1) Castellan Property Part of Lot 31, Conc. 11, Darlington - purpose of expropriation - extension of Sandringham Drive - Area required 0.668 acres. W. H. Clipperton Appraisal is based upon an estimated appraisal of $27,000 per acre as of the dateof appraisal 0.668 acres x $27,000.00 = $ 18,036.00 rounded to $ 18,000.00. 2 - Central Ontario Appraisal is based upon an estimated appraisal of $25,000 per acre as of the date of appraisal 0.668 acres x $25,000.00 = $16,700.00 Based upon our review of the two appraisals we feel there is no significant difference in the approach taken by the two firms in preparing their reports with the exception of their estimated value of the per acreage value of Development Lands in the Courtice Area. (2) Hanaka Property Part Lot 33, Concession 11, Darlington - purpose of expropriation - storm water management system - Area required - 1.663 acres. W. H. Clipperton Appraisal is based upon an estimated appraisal of $27,000.00 per acre as of the date of appraisal 1.663 acres @ $27,000.00 per acre = $44,901.00 rounded to $45,000.00 Central Ontario Appraisal is based on an estimated appraisal as follows: 0.95 acres, Hazard Land valued @ $1500 per acre, $ 1,425.00 0.6 acre, Residential @ $25,000 per acre 15,000.00 ADD: Potential Lot on Prestonvale Road 12,000.00 $28,425.00. To be added to the figure of $28,425.00 is an amount to be paid for the use of a temporary construction easement based upon the following estimates: Residential Lands, 0.55 acre @ $25,000.00 per acre $13,750.00 Hazard Land, 0.538 Acre @ $1500.00 per acre 807.00 Estimated market value $14,557.00. Given the current interest rates, a rental factor of 12% would appropriately reflect returns from such land, and this would produce an annual rate of $1746.84. It would not be unreasonable to assume this easement would be required for tN�o years and a capital value for two years, at 127o annually, is obtained by applying a factor of 1.69 to the annual payment, giving an i.-n,dicated current value of $2,952.16. This amount would then be added to the figure of $8,425.00 for a total cost of $31,377.16. 3 - Based upon our review of_the two appraisals for the Hanaka property we noted a difference in the approach to the appraisal. '1'hc: Clipperton appraisal did not consider the estimated value of property based upon zoning and conserva- tion restrictions as did Central Ontario Appraisals. It is Staff's opinion that the appraisal prepared by Central Ontario Appraisals reflects a more accurate estimate of the market value of the Hanaka property. (3) Estate of Ella Balson Part of Lot 34, Concession 11, Darlington - purpose of expropriation - storm water management System - Area required - 2.593 acres. W. H. Clipperton Appraisal - Appraisal is based upon the loss of market value of the 2.593 acres as follows: (a) Market value before the expropriation $374,000.00 (b) Market value after the expropriation 367,400.00 (c) Loss in market value $ 6,600.00. Central Ontario Appraisals - Appraisal is based upon an estimated market value of $1500.00 per acre for Hazard Lands 2.593 Acres @ $1500.00 per acre $ 3,889.50, rounded to $3,900.00. It was difficult for Staff to assess the two different approaches taken in the appraisal reports but we did note that the Clipperton report estimated that of the $6,600.00 value $1,400.00 was included for injurious affection to the 7 acres abutting the taking on the Balson property. We also noted in the Central Ontario Appraisal report that they felt there was no injurious affection as a result of the expropriation but noted, should there be a claim for injurious affection, it would be made within one year subsequent to its being known, and further consideration would have to be given to the matter should a claim be made. It is Staff's opinion the matter of injurious affection should be considered at this time as this project will be funded from O.H.A.P. interest free loans. (4) Archie Earl and Betty Joe Bing Part of Lot 33, Conc. 11, Darlington - purpose of expropriation - storm water management system - Area required - 4.977 acres. - 4 - W. II. Clipperton Appraisal - Appraisal is baso(l ulxm the e timated market value of the property as of August 25, 1979. (a) Market Value before expropriation $831,000.00 (b) Market Value after expropriation 783,500.00 (c) Loss in Market Value $ 47,500.00. Central Ontario Appraisals - Appraisal is based upon the market value of the 4.977 acres as follows: 2.977 acres of Hazard Lands @ $1,500.00 per acre $ 4,465.00 2.00 acres of developable lands @ $25,000.00 per acre 50,000.00 Total $54,465.00. It was difficult for Staff to assess the two different approaches taken in the appraisals but we did note that the Clipperton appraisal recognized the fact that 5.3 acres of the lands abutting the retention facility would be injuriously affected and included in his estimate is an amount of $13,800.00 for the injurious affection. Loss of Market Value would be as follows: 4.977 acres $33,700.00 Injurious affection 13,800.00 $47,500.00. Comments regarding injurious affection regarding the Balson property also apply to the King property and must be considered when negotiating the purchase of the property. (5) Estate of Anson Phair Part Lot 33, Conc. 2, Darlington - purpose of easement - storm water management system - Area required 0.065 acres. Region of Durham - Appraisal is based upon the estimated market value of the property as at January 15, 1980. 0.065 acres @ $ 2,500.00 @ 50c = $ 81.25 rounded to $ 100.00. Staff feel the appraisal is fair considering the amount of land to be taken but feel we should be in a position to offer up to $500.00 in order to avoid an expropriation hearing on this property. 5 - (6) Dolores P. Croth Part Lot 32, Cone. 2, Darlington - purpose of easement - storm water management system - Area required is 4198 sq. feet for permanent easement 2121 sq. feet for temporary easement. Region of Durham - Appraisal is based upon the market value of the property as at January 7, 1980. Permanent Easement 50% of $1.19 per sq. ft. x 4198 sq. ft. _ $ 2,497.81 Temporary Easement lTo of $1.19 per sq. ft. x 2121 sq. ft. = 254.52 $ 2,752.33 rounded to $ 2,800.00. In the appraisal of the Croth and Phair property we are taking an easement, not purchasing in fee simple, and this is reflected in the appraisals by using a 5To reduction in prices to be paid to the owners. Based upon the appraisals as set out in this report Staff reviewed Report TM-85-79 and felt it was appropriate at this time to revise Schedules "A" and "B" to reflect the current estimated costs of construction of services and to provide Council with a more accurate estimate of the dollars to be spent on the two subdivisions (Report 'R,1-85-79 attached also revised Schedules "A" and ''B"). RECOMMENDATIONS: (1) That Staff be authorized to negotiate the purchase of property and easements for the Courtice Heights Storm Sewer Outfalls with upset limits as listed below. (a) Hanaka Property $ 45,000.00 (b) Estate of Ella Balson 6,600.00 (c) Archie Earl and Betty Joe King 47,500.00 (d) Estate of Anson Phair 500.00 (e) Dolores P. Croth 2,800.00 $ 102,400.00. 6 - (2) That Staff be authorized to negotiate the purchase of property for the extension of Swidrinoi.wi Drive Trutt Mr. CaskAlan witli an upset limit of $ 18,000.00. (3) That the Mayor be authorized to request the Minister of Housing to raise the amount of interest-free loans for the External Storm Sewers under the Ontario Housing Action Program. (4) That the Director of Public Works be authorized to proceed with the required Engineering drawings in order that tenders may be called for the construction of the Storm Drainage Works. (5) That the Clerk be authorized to prepare the necessary by-laws for O.M.B. approval with regard to the financing under the O.H.A.P. agreement. SUMMARY OF SCHEDULES "A" AND "B" 1979 1980 PROJECT ESTIMATES PROJECT ESTIMATES Total Total Total Estimated Revenue Total Estimated Revenue Revenues Other Town Minus Revenues Other Town Minus "Levies" Revenue Costs Costs "Levies" Revenue Costs Costs North Subdivision $ 438,000 - $ 356,139 , $ 438,000 - $ 302,150 123,196 ($41,335) 94,814 $ 41,036 South Subdivision 1,138,500 - 395,644 1,138,500 - 341,786 407,284 $335,572 536,100 260,614 O.H.A.P. A(MEE11 NT I $249,000 75,000 174,000 $174,000 21,750 152,250 $1,576,500 $249,000 $1,357,263 $468,237 $1,576,500 $174,000 $1,296,600 $453,900 "SOUTH SUBDIVISION" 18T-76027 SCHEDULE "A'' External Road Systems 1978 1979 1980 Estimates Estimates Estimates Trull's Road South Construction $ 411,340 $ 452,474 $ 497,721 Engineering & Cont. 61,700 67,870 74,657 $ 473,040 $ 520,344 $ 572,378 Prestonvale Road South Construction 348,460 383,306 421,637 Engineering & Cont. 52,269 57,496 63,246 $ 400,729 $ 440,802 $ 484,883 961,14U 1,057,261 Total Estimate Cost of External Road Sustems $ 873,769 $ 961,146 $ 1,057,261 Less: M.T.C. Subsidy 50% 436,884 480,573 528,630 Less: Developers' share 154,417 169,859 186,845 To be financed from Lot Levies $ 282,468 $ 310,714 $ 341,786 "NORTH SUBDIVISION" 18T-76048 SCHEDULE "B" 1978 1979 1980 External Road Systems Estimates Estimates Estimates Troll's Road North Construction $ 478,850 $ 526,735 $ 579,408 Engineering & Cont. 71,827 79,010 86,911 $ 550,677 $ 605,745 $ 666,319 Nash Road Construction $ 213,000 $ 234,300 $ 257,730 Engineering & Cont. 31,950 35,145 38,660 $ 244,950 $ 269,445 $ 296,390 $ 795,627 $ 875,190 $ 962,709 Total Estimated Cost of External Road Systems $ 795,627 $ 875,190 $ 962,709 Less: M.T.C. Subsidy 50% 397,814 437,959 481,355 Less: Developers' Share 148,103 162,913 179,204 Zb be financed from Lot Levies $ 249,710 $ 247,318 $ 302,150 Siths Morton McInerney & Brady D.J.D. SIMS.Q.C. R.P. MORTON M.C. McINERNEY BARRISTERS& SOLICITORS J.F. BRADY W.M. BURCH May 27, 1980 Mr. A. C. Guiler, A.M.C.T. , C.M.C. , Town Manager, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. Dear Mr. Guiler: Re: Courtice Storm Water Expropriations I am enclosing herewith the following docu- ments, namely: 1. Report of the Inquiry officer which was issued on the 21st day of March, 1980; 2. The proposed form of resolution to be passed by Council after consideration of the Inquiry Officer' s report; 3. A proposed form of by-law to be passed by Council after the aforementioned resolution has been passed. Under the provisions of Section 8 of The Expropriations Act, Council has a duty to consider the report of the Inquiry Officer and shall approve or not approve the proposed expropriation with such modifications as the approving authority considers proper. I would note that the Inquiry Officer approved the proposed exprop- riation subject to certain modifications. The modific- ations were arrived at as a result of negotiations with Dr. and Mrs. King. The survey attached to the resolution and the by-law has been prepared by Mr. Merrill D. Brown based on the modified plan approved by the Inquiry Officer. The survey has been reviewed by consulting engineers, Totten, Sims, and- Hubicki and by the solicitor acting for Dr. and Mrs. King and found acceptable. 2 - I would specifically note that in view of the j fact that a private agreement has been entered into with respect to the acquisition of the property owned by Mr. and Mrs. Hanaka their property is not dealt with in either the proposed form of resolution or the by-law. After Council has considered the Inquiry Officer' s report I would recommend that the resolution be passed in its present wording. I believe that the resolution is comprehensive and self explanatory. Following the passage of the resolution I would ask that the by-law specifically approving the expropriation be enacted. Upon the enactment of the by-law Mr. Merrill D. Brown can be contacted and he will attend to have the plan of exprop- riation formerly executed and registered. It is particularly important that copies of the resolution approving the Inquiry Officer' s report be sent by registered mail to Dr. Archie Earl King and Mrs. Betty Jo King,R. R. # 3, Bowmanville, Ontario, and to Mr. Gordon A. Vinson, R.R. # 6, Bowmanville, Ontario. I would also ask that copies of the resolution be sent by registered mail to Mr. David Thomas, o Ricketts, Jewell, Angus & Michael, Suite 303, Bank of Nova Scotia Building, 11 Simcoe Street North, Oshawa, Ontario, L19 4R7, solicitors for Dr. Archie King and Mrs. Betty Jo King . Similiarly I would ask that a registered letter enclosing the resolution be sent to E. F. Bastedo, Q. C. , 32 Simcoe Street South, P. 0. Box 34, Oshawa, Ontario, L1H 7K8 , solicitors for the Balson Estate. It is particularly important that copies of these resolutions be mailed as soon as possible after the resol- ution has been adopted by Council. As soon as the by-law approving the expropriation has been approved by Council I would suggest that your appraiser, be requested to prepare a formal appraisal for expropriation purposes of the lands that have been expropriated. You have in your possession pre-expropriation reports. That portion of the lands on Dr. and Mrs. King's property is substantially altered and reduced in area, and therefore a new appraisal is required. I i I If you have any questions please do not hesitate to contact me. i Yo r � ruly, David J. D. Sims, Q. C. DJDS:mrs i I i i CORPORATION OF THE TOWN OF NEWCASTLE RESOLUTION NO. W H E R E A S on the ,27th day of August, 1979 , the Corporation of the Town of Newcastle applied to expropriate certain lands being Parts of Lots 33 and 34, and part of the original allowance for road between Lot 32 and Lot 33 , Concession 2 in the Geographic Township of Darlington, in the Town of Newcastle for the purpose of the construction, install- ation and maintenance of a storm sewer outfall and a storm water siltation pond; A N D W H E R E A S a hearing of necessity was requested and held on the 11th day of March, 1980 and the Inquiry Officer' s report was issued on the 21st day of March, 1980 finding that, subject to certain modifications, the proposed taking of the lands specifically referred to in the Inquiry Officer's report are fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority; A N D W H E R E A S the Inquiry Officer ' s report is annexed hereto as Schedule "A" hereto; A N D W H E R E A S the lands owned by Norman Hanaka and Anne Hanaka that form the subject matter of the application to expropriate have or will be conveyed to the Corporation of the Town of Newcastle by mutual agreement and it is no longer necessary to proceed with the expropriation of these lands; A N D W H E R E A S the lands shown as Parts 1 and 2 on the survey attached hereto as Schedule "B" are the same lands referred to in the Inquiry Officer' s report with the exception of the lands owned by Norman Hanaka and Anne Hanaka; +�t�n.�Mau;,.:;2mt, 2 - A N D W H E R E A S Council has considered the report of the Inquiry Officer; BE IT RESOLVED AS FOLLOWS : 1. The report of the Inquiry Officer, Harold S . Goldkind, attached hereto as Schedule "A" be and the same is hereby approved for the following reasons: a) The Corporation of the Town of Newcastle must provide a storm water management scheme to contain a regional storm for that portion of Courtice intended for residential development south of Highway No. 2 and the lands proposed to be expropriated form an integral part of such scheme; b) Dr. A. E. King and Mrs. B. J. King having objected to the application for expropriation and now having agreed to the proposed modifications of the plan of expropriations, which proposed modific- ations will preserve to the extent possible natural topography and vegetation in the ravine that will form part of the storm water retention-siltation pond; c) Council endorses the reasons of the Inquiry Officer. 2. The Clerk be and the same is hereby directed to prepare a by-law approving the expropriation of the lands shown as Parts 1 and 2 on the survey attached hereto as Schedule "B" . r SCHEDULE "A" THE EXPROPRIATION ACT IN THE MATTER OF the proposed expropriation of land by The Corporation of the Town of Newcastle being part of Lot 33 and part of the original allowance for road between Lot 32 and Lot 33, Concession 2, in the Geographic Township of Darlington, in the Town of Newcastle, Regional Municipality of Durham, for the purpose of the construction, installation and maintenance of storm sewer outfall and a storm water retention- siltation pond, and more particularly described in the Notice of Hearing herein REPORT OF INQUIRY OFFICER INQUIRY OFFICER: Harold S. Goldkind DATE OF INQUIRY: March llth, 1980 LOCATION OF INQUIRY: Bowmanville, 132 Church Street West PRESENT: The Corporation of the By its solicitor: Town of Newcastle Mr. David J. D. Sims, Q.C. , 117 King Street, Box 358 Whitby, Ontario. L1N 4Z1 Dr. A. E. King and Appearing as their solicitor: Mrs. B. J. King Mr. David B. Thomas, 11 Simcoe Street North, Suite .303, Oshawa, Ontario. L19 4R7 Mr. Gordon A. Vinson Attended as an observer The subject matter of this Inquiry is an application by the Town of,Newcastle to expropriate certain lands for the purpose of im- plementing a drainage scheme to service part of Courtice, south of Highway No. 2. The land in this area is designated for future residential development in the Official Plan for the Region with a projected population of about 20,000 people. The lands which are the subject matter of this Inquiry are de- signated as Parts 1 , 2, 3 and 4 on a Plan of Merrill D. Brown Limited, File No. 78317-EX, dated January 16th, 1979, and marked as Exhibit 3. The lands run from Prestonvale Road on the east to just west of Farewell Creek on the west. The Applicant's original scheme provided for a storm sewer on Part 3 and a retention pond on Part 2, and part of Part 1 , and an outfall and dam on Part 1 . The Applicant requests a fee simple taking in Parts 1 , 2 and 3, and a temporary working easement on Part 4 for a two year period. The owners of Parts 3 and 4 are Norman and Anne Hanaka, who, although not parties, attended at the Inquiry. Mr. and Mrs. Hanaka informed me that they did not want to be joined as parties and were attending as observers. They gave no submissions nor comments, although I did invite the same prior to the end of the Inquiry from all persons in attendance. Dr. and Mrs. King are the owners of Part 2 on Exhibit 3. Their concern relates to the effect of the proposed taking on their remaining lands and its suitability for. residential development. As well , they are concerned about the effect of the project on the environment. Most of the pond will be located on the King property in a ravine. Storm sewers and outfall are designed to contain a Regional storm (that of an intensity of a Hurricane Hazel type of storm) without more extensive damage to Farewell Creek than would now occur without development taking place. The original scheme contemplated excavation in the ravine and the resulting change of some of the topography. I was informed at •�he Hearing by the solicitors for Dr. and Mrs. King and for the Applicant that these parties have reached an agreement with regard to an alternative scheme which involves the following basic principles: (a) The area of land to be acquired from Dr. and Mrs. King has - 2 - been altered so that rather than taking Part 2 on Exhibit 3, the limits of the lands to be acquired are settled on as those lands outlined in a pink outline on a Plan filed as Exhibit 4, and designated as a Plan prepared by Totten, Sims, Hubicki Associates Limited, and dated March, 1980, and shown as Drawing 1 , Project 2306. The area bordered in pink outline is just outside the limit for flooding in a Regional storm; (b) The natural topography of the ravine will be retained where possible and there will be no excavation to afford increased storage capacity as originally planned. In order to contain the anticipated water, it will be necessary to keep the water stored at a higher level in the pond, and, therefore, the water will flow further up the banks in some areas on the King property. Accordingly, there will be a change in the configuration of the lands to be acquired from Dr. and Mrs. King, and this change is shown on Exhibit 4. From the evidence, it also appears that the Applicant can reduce the taking of part of the most northerly section of the revised and agreed upon configuration of land, in order to permit the building of a proposed roadway on the lands remaining to Dr. and Mrs. King. I recommend that the Applicant make reasonable efforts to assure that this most northerly section of land required for a future road be available to Dr. and Mrs. King and be omitted from the proposed expropriation. It is important to point out that the design of the pond con- templates it to be a dry pond. In operation, the flood water will be stored in the pond behind a dam (to be erected in Part 1 , on Exhibit 3) . The water will then be released, with control of the flow, into Farewell Creek. Part 1 on Exhibit 3 will contain part of the pond, and the outfall to carry the water to Farewell Creek and a dam to control the water flow. The Applicant will control erosion in the outfall ditch and in the creek area. The Applicant's change in its scheme for this storm sewer control project also envisages additional acquisitions of land on either side of Part 1 to a width of ten feet. However, as there is no agreement with the owners of Part 1 for an additional land acquisition, I cannot approve the expropriation of additional land from the Balson Estate, but I do approve i - 3 - of the expropriation of Part 1 , as shown on Exhibit 3. Based on the evidence and agreements between the parties, I find that the objective of the Applicant is to establish a storm sewer control system in the area shown on Exhibit 4, made up of a storm sewer, an outfall and a storm water retention pond. I also find that the taking of the lands designated as Parts 1 , 3 and 4 on Exhibit 3 (Plan of Merrill D. Brown Limited, File No. 78317-EX) and the lands outlined in a pink border on Exhibit 4 (Drawing 1 - March, 1980, by Totten, Sims, Hubicki Associates Limited, Project 2306) are fair, sound and reasonably necessary in achievement of the objectives of the expropriating authority. I also recommend that the Applicant make reason- able efforts to try and accommodate Dr. and Mrs. King as previously set out. I recommend payment of costs to Dr. and Mrs. King of $200.00. I also attach a copy of a letter from Mr. Bastedo, dated March 5th, 1980. c Har l S:� Goldkind INQUIRY OFFICER r DATED: JUNE 1980 RESOLUTION NO. THE CORPORATION OF THE TOWN OF NEWCASTLE SIMS MORTON McINERNEY & BRADY Barristers and Solicitors, 117 King Street, Whitby, Ontario. i 9 E' THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. BEING A BY-LAW TO EXPROPRIATE CERTAIN LANDS REQUIRED FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A STORM SEWER OUTFALL AND A STORM WATER RETENTION- SILTITION POND ON PARTS LOTS 33 AND 34 , CONCESSION 2, IN THE GEOGRAPHIC TOWNSHIP OF DARLINGTON, IN THE TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM BE IT ENACTED, AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN OF NEWCASTLE, AS FOLLOWS: 1. That the lands described as Parts 1 and 2 on a Plan of Survey prepared by M. D. Brown, Ontario Land Surveyor dated the 17th day of April, 1980, being file no. 78317-EX annexed hereto are hereby taken and expropriated for the purpose of the construction, installation and maintenance of a storm sewer outfall and a storm water retention- siltation pond. 2. That the Mayor and Clerk be, and the same are hereby authorized to sign a plan showing the lands expropriated by Section 1 of this by-law, and to affix the Corporate seal of the Corporation thereto. 3. That the Clerk be authorized and directed to cause the Plan of Expropriation when signed and sealed, to be registered in the proper Registry Office and to pay all expenses incidental to the registration, and to take such further action as may be required to obtain possession of the lands being expropriated in Section 1 hereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED THIS DAY OF JUNE, 1980. Clerk Mayor