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HomeMy WebLinkAboutWD-171-80 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of December 5, 1980. ITEM: WD-171-80 DATE: November 26, 1980. SUBJECT: Station Street, Orono. Resolution # W-274-80 (October 28, 1980) . BACKGROUND: 1 As a result of a proposal to realign Station Street in the Village of Orono, negotiations were initiated in 1979 to exchange certain portions of land with the owner of abutting property, Mr. A. McLaren. Since 1979 the subject matter has been presented to Committee, with various reports, and, due to a conflict in opinion as to the comparative value of the lands involved, Mr. A. McLaren appeared before the Public Works Committee on October 28, 1980, at which time Resolution # W-274-80 was passed, as follows: "THAT the Di&ecton o4 wwtks be given the authmity to have an appnaizat o4 the pupenty u.ndentaken and upon back to thin Committee." REPORT: It has come to the writer's attention that the foregoing action was not included in the Committee Report to Council, nor was there any mention, in Resolution # W-274-80, of the applicable Town Policy. In this particular instance, owing to the unique nature of the pro- posed transaction being a land exchange, the Town Policy for the Closure and Conveyance of Road Allowances is not totally applicable. Normally all such actions are 'at no cost to the Town' ; it is felt that, prior to the acquisition of an Appraisal for the establish- ment of Land Value (and the inevitable expenditure of funds in obtaining same) Council endorsement is required. RECOMMENDATION: THAT an Appraisal of Land Value be obtained relative to Parts 1 to 15, inclusive, of Plan 1OR--1042, and that the cost for same be applied to the Reserve Fund (Sale of Road Allowances) and, further, that the Director of Public Works report back to r �> this Committee when the Appraisal is received. �n> P� ✓ � �J ' 2l" ',MWN OF PUBLIC WON<S DEPAF'11, ;NT Director's "'_^;,ort to Public Works Comnittee of October 28, 1980. ITEM: WD-144-80. DATE: October 17, 1980. SUBJECT: Station Street - Orono. BACKGROUND: 111e subject �.atter was discussed at the September 30, 1980, Meeting of L,e Public Works Conmi_ttee, as a result of which Resolution ,l W--243-80 was passed: "THAT Repo)t.t WV- 1 17-80 be ,tabled LUIL e .01e next �Ie.e.t6'1g, Golle.rt ate bacl,,q wid nire.i e�u�4t cari be pjcePa}ced". REPORT: All backgroi_..>J, material was submitted with Report 1,9)-117-80 to the last l..-zting of the Conidttee; it was unfortunate that Mr. A. McL z°, rE was not in attendance. Attached her.-co is all relevant data, including correspondence dated Octobcz: 7, 1980, received from ML. McLaren. It is an.tic_i_�:�aLed that Mr. McLaren will attend the ALeeting of October 28, :.980, at which time the subject of Station Street may be res0J_,::u1. I i i JD:vh i 7OCCT IVED PHONE 983-9167 f ��� ��-� `'""6 � � Xy 1I �i � „ I' ���ll�{"'1 Cz3��•..;?t/' r - �` 1� TOWN Of NEWCASTLE SEE fict_RRL-_fJ FOR Building !'ai!aterials and Supplies — Fuel vii, Coal — nil Furnaces, 13tuners ORONO, ONTARIO Oct . 7, 1930, Town of Newcastle, Attn. Mr. Jack Dunham, Hampton, Ontario. Dear Mr. Dunham : The situation that exists on Station Street as far as the Town and Orono Fuel and Lumber is concerned has been since 1935 in the making„ When C. S. McLaren purchased this property frc�r, the railroad Wie property as defined on the deed did not have a travelled road as part of the parcel . This travelled portion of the road was started after an agr.°eement between C . S . McLard and Earl Walj�oy, the then Reeve, to exchange enough pro p ert y to move the road to a position north of were it exists now for the closed street . This movement of the street was brought on by the des.,ruction of the old road bridge immediately south of tile, residence of the late Robt . Moffat . Faced with the expenditure of a new bridge and with the excellant railway bridge avail t b(- not too far' to the south the council decided this would he rr wise move . In 1950 Arthur McLaren attempted to g A a deed for the land he was building his new house on, situated on the westen ' extremity of parcel one and hired Sylvester, a surveyer from Port Hope to do so. Sylvester found that the placement of I the centre lj. iie curve swing point was a difficult one and would not pr?::_�,,(,d past; an irnit,ia1 survey. I then approached the Reeve of (�_!_arke 1-(,questing some help as they had not, lived up to their of the agreerrnent as far as the street was concerned. 1'h(V informed me at that time the best thing to do was to go ahe,--id and build the house and in the near .future the township would undertake to survey the street and the closed street, <-rnd bear the cost themsely--�s and I would automat- ically be aha.e then to get a deed. 2 _ Before the coming of the Region I was again aftkPr the Clarke Council to do sUmekh tlg as there weve now kwo houses occupyil"ITT, Parcel One and Robort Rutherford wanted to get a deed. I was assured at that timo that immediately after the storm sewer pro-- jcct was finished in the main park or town, Station Strom woul(i be next, and all their efforts would be concentrated on Station Street and the whole thing would be cleaned up. But , before the completion of the five year payment plan undertaken for the storm sewer project north of Station Street) the Region took over. Out, of necessity we have had to attempt to procure deeds for these two houses and have undertaken to do all the necessary surveying and planning at my own expense . I recognize the help of the town but I really need ko get this situation resolved , As I explained to you in my previous letter of Aug. 26, 1980, this business of trading .673 acres of land for . 279 acres in return doesn 't con- stitute a very sensible approach as far as I am concerned, espe- cially now when I am faced with Town & Region expenses before Building Permits of approximately *81000, 00 a lot . The closed street which formed mart of the original agreement forms Parts A, 51 61 72 $, & 9, I am again suggesting that the most sensible approach would be to have the various parcels surveyed and we make a new approach at the settlement of this problem, Sorry I wasn ' t Able to attend the Sept . 30th , meeting as -1 had an unchangeable date in court, that morning . On my previous conversation with you I didn ' t realize the meeting you suggested I attend was on Sp A . 300 . The invitation to attend on Sept . �Oth. carne as a shock . I would like to meet with you either in your office or here on Station Street at your earliest convenience, as this matter with me has taken on an urgency probably because it being delayed for "ver 40 years . Waiting to }rear from you at your earliest convenience . Yours .Lyuly, A . McLareny Manager, Orono Fuel & Lumber Ltd. . bh •� 'fin y, All ,r CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKL D11PARTMENT J.W,Dunham,Director HAMPTON,ONTARIO LOB 1,10 TEL 016)263-2.231 Mr. A. McL.aren, Manager, Orono Pue1 & Lumber Limited, ORONO. Ontario. LOD IMO. October 8, 1980. Dear Sir: Thank you for your letter of October 7, 1.980. Mr. Dunham is presently on vacation, but will be returning to the office on October 15, 1980, after which time he will contact you with rcy°.z rd to the meeting you suggest. i X trust the foregoing is satisfactory. Yours truly, i V. Haigh (Secretary., i I cc: A Dunham. i i Wh i UMN OF wx,,As,ru�, PUBLIC WORKS MTAVIMENT DJ.rector's Report to Public Works C011-miLLee of September 30, 1980. 19 EN: WD-117-80. IYTE: September 22, 1980. SUBJECT: Station Street, Orono. Resolution # W-71-79 & Resolution # W-279-79. BACKGROUND: On April 3, 1979, Mr. A. McLiren appeared before the Public Works Conrdttee, regarding the alignment of Station Street, Orono, and subsequently Resolution # W--71-79 was passed, as follows: "THAT the detegation be aciznowt-edged and the WLe,Sc�nta,tion be u6mced to Sta66 and be examined dwiii,qq Road T"Pecti.on, and Sta66 6qitiate tlie acq'L6,sition o6 Station s•tjt,c)et in totaL to' a width 06 50 6t. whute po4zibte.11 As a result of the foregoing, a Reference Plan was acquired and Report No. 231 (attached) submitted to Committee for consideration. At the Meet::_ng of November 27, 1979, Resolution # W-279-79 was passed: "THAT -the itecomniendo_tion in Report 231 be endot(..,sed and Pa)utz 5, 6, 7, 8, 9, 10, 11 and H, o6 Re6e)tence Han No. I4R-1042 be apjo�La,i� ed and Pa)Ltz 6, 7 6 8 the4eo6 be cto,sed and conveyed to MA. A. McLwten in Lieu 06 Pa)u&S I F, 2 theAeo6 and, 4ttxtJ-Ivt that the &e)iiaini,ng • an6 be adve)Ltised in accordance with The Act". The foregoing was adopted by Council an December 3, 1979 and, on Decembe-.- 5, 1979, the Comnittee Secretary wrote to inform Mr. A. McLaren of the action taken in this matter. On January 8, 1-980, a letter was received from Mr. W. Kay Lycett requesti,.-ig information on the subject matter and, on January 10, 1980, a ma an reply was sent defining the action taken to date and asking that the Terms of Resolution # W--279-79 be confirmed in order that the necessary appraisals could be acquired, in accordance with Policy. WD-117-80 (2) REPORT: Between Janty) y 10, 1980, and the (attached) letter_ from Mr. A. Mci.aren, daCed august 26, 1980, no confirmation had been forth- crnning, and it: WaS LU-ilmown whether the Terms of Resolution #W-279-79 w r(,, :acceptable or otherwise. It would now appear that Mr. McZaren is not in agreement with the abovementi.oned Resolution, and it is understood that he will be a delegation to the Con-nAtt-ee Meeting in order to express and define his concerns in the matter. CORPORA-HON OF THE TOWN OF NFWCAS-FLE PUDLIC W€ nKft M'PAPTP MNT J.W.Dunham,Dirnclor HAMPTON,ONTARIO LOB Wo TEL Dunham,,Dire to Mr. A. McLare�rt, Orono Fuel & Lumber Limited, OHONO. Ontario. LOB 1MO. September 3, 1980. i 1)oar Sir: Rc: Station Strut, Orono, Property Exolh,ingc. Thank you for your corresl,ondenc�' of Auyust 26, 1980, in regard to the sett. OMOnt proiX-)sal relative to the ,above transaction . .I will ensure that this matter is brought to °the attention of the Public Works Committee at the meclting of September 30th, 1980, and will adv.i Ne you, shortly therea f ter "r the � - )e ou tcorrx:. I trust this will be of assistance to you, and will contact you again in due ;,curse. A:;:;uriny you 1)1 my IN-at rrt r_rvrt i„u at "I I I Yours truly, J. Dunham. Di rector. i JD:vh i' !'HONE 9B3.9167 41, SEE MCLAREN FOR ISuildiug Wkrials and Supplies — Pnel Oil, Coal — Oil Furnaces, Burners OR©N01 ONTARIO August 26, 1980. Town of Newcastle, Hampton, Ontario. Attn : Mr. Jack Dunham. Dear Sir : As you are probably aware. I am not happy with the Towns propo,w_,a 1 for SeLL1 PmonL of W Station Street property exc:haug e . I feel this is hopone-sided and needs further work, possibly an appraisal of the properties involved would be the quickest approach towards the successful resolution . Yours sincerely, I A . McLaren, i Orono Fuel & Lumber Ltd. rV C i � a:n CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS OMrPARI'MENT J.W.Dunham,Director HAMPTON,ONTARIO LOG 1 JO TEL.016)2612231 W. Kay Lycot.t, Q.C. , Barrister. , Solicitor. , Notary, ORONO. Ontario, LOB IMO. January 10, 1980, Dear Sir: Re: Dora Mae Qkaren - Road Closing & Exchange of Lands. I refer to Your correspondence of January 8, 1980, received by the Deputy Clerk for the Town of Newcastle, and attach hereto a copy of a Jotter sent to Mr. A. McLaren on December 5, 1979, which I feel will satisfactorily answer most of your client's concerns rejacive to the subject matter. It would be groat Ly appreciated if you would confirm the terms of Resolution N W-279-79 , the details of which are in the copy attached, and, upon receipt of your client ' s concurrence we shall immedial-oly arrange for the necessary appraisals of .land to he undertaken. i I look forward to hearing from you in the very near future, and assure you of my best attention at all times. Yours truly, J. Dunham. Director. i cc: G. Gray, Deputy Clerk. JD:vh attt • i � � /||| |OVVN U| N[Vy(A\U [ � . OFFICE OF THE TOWN CLERK r wTemps wm»Nyv/���. uwTx*|0/�wcs �rns�r |e�epnowE ao L/Co*6 December 5` 1979 8c. A. Modureu' Orono, Ontario [08 lN0 ` Dear Mr. NacLuceo: Re: Station Street - Orono At the |`''hiic Works Committee meeting held on November 270 1979. the Director presented Report 231 relative to the ' ull&om,oL of Station Street in the Village of Orono. The [ollov1oA recommendation in his rcpncc was adopted by Council on December ], 1979: "1l<A'|` PocLu 5, 6' 7' 8. 9' 10 and ll and 12 of Reference Plan l8R1042 be appraised and Parts 6. 7 and 8 thereof be cIoucJ and e^`nvcyc'i to Mr. A. M,|.aron In lie" of |`urta I and 2 thereof and lurdhcc` that the remaining lands be advertised in accordance with the Act". Coc|os,,| herewith /x o copy of Report 231 and u copy of . the /u[,rm,c |, |:u 10111062. PIcxxe contact Mr. Dunham at the Public Works office in Hampton for further information. Yours very truly, � � / | Gertrude K. Croy Deputy Clerk/Committee Secretary Ak C. C. 8r. J . Dunham, Director of Public Hocks ~, | | ` ` ` � TOWN OF NEWCASTLE PUBLIC WORKS "I;PARTMENT Director' s Report to Public Works Committee. Item: Resolution U W-71-19. Date: November 26, 1979. Subject : Station Street , Village of Orono. Background: On April 3, 1979, Mr. A. McLaren appeared before the Public Works Committee regarding the alignment of Station Street, Orono, and, as a result, Resolution 11 W-71-79 was passed as follows: "'THAT the delegation be acknowledged and the presentation be referred to Staff and be ex- amined during road inspection and Staff init- into acquisition of Station Street in total to a width of 50 ft, where possible". Mr. Mel,nren '!'tated that the presently travelled portion of Station Street is, in fact , situated on his lands; the legal boundary of the street is somewhat to the north of the existing occupied road allowance. Re port A Reference Plan, Number lOR-1042, has been obtained and Parts 1 and 2 thereon depict Station Street, as mentioned above, together with the land requirements, northerly, to augment Station Street to a width of 50 (fifty) feet, Mr. McLaren proposed that, in consideration of the Town acquiring the relevant area of Station Street, the north-south street to the east of his property, and Victoria Street which is adjacent to same, should be closed and conveyed . On Plan IOR-1042 the lands are depicted as Parts 6 & 7 (unnamed street) and Part. 8 of Victoria Street, as being those abutting the McLaren property. I A Reference Plan is presently being prepared to establish the right Of way to the wort of the area in question, and this should be avail- able to the vary near future. / 2 . . . No. 231 (2) It is suggemtcd that the ("nnamed) road al Iowa,,,, shown as Parts 5, 6 and 7 , together with Victoria Street , shown as Parts 8, 9 , 10, 11 and 12, he appraised and the value of same be established. In considerat ton of that portion of Station Street presently sit- uated on his lands ( i. e. , Parts 1 and 2) Mr. Mc Laren wishes to acquire Parts 6 & 7 of the unnamed road allowance and Part 8 of Victoria Street. Recommendation: THAT Parts 5, h, 7, 8, 9, 10, it and 12 of Reference Plan 1OR-1042 be Appraised and that Parts 6, 7, and 8 thereof be closed and conveyed to Mr. A. McLaren in lieu of Parts 1 and 2 thereof and, further, that the remaining .lands be advertised, in accordance with The Act. i I I I q r Public Works Cornett t t �• Wvcmhur 17 19,9 Pluvc'd h�, \L'Y"r K I An rd , t nt <• ; I , I t:un . Prnut thO r��1•unutrenda t 1 oft I n r� i,, r t t Street farts S, h, 7 8, 9 I he endorsed and Street 1OEZ Itli2 he ]0 I I and 1 or R"re_renre Orono appralmed and Parts 6 i and g plan closed and conveyed to Mr. ,\. `l l.t thereof be 1 and '? tlir rcuf rrc'n in l leu of Parts he advert (tied Inaaecordance t��t,�Iti the rein, In tltr r1i:t , �' lrtnds I i I i i I i