HomeMy WebLinkAboutWD-17-82 �,AVOV:IFDGf M.p 7 f
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT
G' HAMPTON, ONTARIO LOB 1J0
L TELEPHONE (416)263-2292
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MARCH 22 1982.
REPORT NO. WD-17-82.
SUBJECT: Bond Street, between Blocks '0' and
east of Mill Street, Village of Newcastle.
Request to Close and Convey.
RECOMMENDATION:
It is respectfully recommended:
1 . That this report be received, and;
2. That Bond Street, between Blocks '0' and
east of Mill Street in the Village of Newcastle,
be closed and conveyed to the abutting owners,
in accordance with, and subject to the terms and
conditions of, Town of Newcastle Policy, and;
3. That the applicant be so advised.
BACKGROUND AND COMMENT:
A request has been received that the Town close and convey a portion
of Bond Street, which is east of Mill Street, between Blocks '0' and
'Q' according to C.G. Hanning's Plan of the Village of Newcastle. The
request was concerned only with the acquisition of the section of
Bond Street running east from Mill Street for a distance of 396 ft. ,
or half the actual distance of the unopened road allowance, which
is shown as Parts 2, 3 and 4 on Plan 1OR-1378 (attached) .
It will be seen that a frame shed presently is situated on Part 3,
and a one-storey brick and frame dwelling encroaches onto Part 2,
which is the area in which the applicant is interested in acquiring.
WD-17-82 - 2 _
Staff has discussed the proposed closure and conveyance with the
Solicitor for the applicant, and it was agreed that it would not
be in the best interests of the Municipality to consider closing
and conveying just that portion of Bond Street which abuts the
applicant's property, but, rather, that it would be preferable to
close the entire section, from Mill Street to the (unopened) road
allowance shown as Manvers Street.
It would appear that, in addition to the applicant, there would
be three other property owners who may have an interest in ac-
quiring lands presently comprising the road allowance. In view
of the existing encroachments, it is recommended that Bond Street
be closed and conveyed to the abutting property owners, in accord-
ance with Town Policy.
Respectfully submitted,
D.T. Gray, C.E.T. ,
Deputy Director.
February 26, 1982.
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I REQuRE THIS PLAN TO BE DEPOSITED
UNDER THE REGISTRYACT
PLAN I®R
RECEIVED AND DEPOSITED
OCTOBER 8 , 1981
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PLAN MATE
PLASTIC MATERIAL
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TELEPHONE 752.4325�-
AREA CODE 519 `��
SLEMIN, WYNN
BARRISTERS h SOLICITORS
90 NELSON STREET
P.O. BOX 1030
BRANTFORD. ONTARIO N3T 5S7
J. A. D. SLEMIN. p.G. (1801 ./
J. A. WYNN, O.C. February 12th O
DAVID E. SPICER. D SC., LL.B. 1 , 1982•
Corporation of the Town of Newcastle,
Public Works Department,
HAMPTON, Ontario.
LoB 1JO
Attention: Mrs. Vonne Hai h
Dear Mrs. Haigh:
Re: Diana G. Grandfield' and closure and conveyance
of part of Bond Street, Village of Newcastle,
Our. File Number 81/99
Thank you most kindly for your letter of February 9, 1982
acknowledging safe receipt of the deposit cheque. Your suggestions and
intentions with respect to the closure of Bond Street are most agreeable
and satisfactory to myself and Mrs. Grandfield and I will look forward
to hearing in due course your progress in this regard. Thanks again
for your attention.
Yours very truly,
SLEMIN, WYNN
ITFEB � E
J. A. WYNN 15 1982
JAW:dr
N OF NN-WC
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT
HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231
Mr. J.A. Wynn,
Slemin, Wynn,
90 Nelson Street,
P.O. Box 1030,
BRANTFORD. Ontario.
N3T 557. February 9, 1982.
Dear Mr. Wynn:
Re: Diana G. Grandfield - Closure & Conveyance of
Part of Bond Street, Village of Newcastle
Thank you for your letter of January 21 , 1982, enclosing the
deposit cheque in the amount of $500. 00. , on behalf of your
client, Mrs. Diana Grandfield. I apologise for the delay in my
reply.
With reference to the proposal that all of Bond Street be closed
and, therefore, the necessity of acquiring a Reference Plan to
cover that area not detailed on Plan 1OR-1378, it is not sugg-
ested that your client be responsible for any. costs pertaining
to lands in which she has no interest or .intent to purchase; it
is Town Policy, however, that in the closure, or closure and
conveyance, of any Municipal road allowance, all costs shall be
apportioned between the purchasers of the lands. As it is nec-
essary to obtain the additional Reference Plan in order to comply
with your client's request to acquire the land abutting her
property, the cost for same will be added to the total expenditure
to which the Town is put. In the event that one or more property
owners in the area wish to take advantage of the closure, and
similarly acquire lands abutting theirs, all costs incurred will
be shared by those owners.
In view of the fact that Mrs. Grandfield's property presently
encroaches on the road allowance in question, and her anxiety to
obtain clear Title, I will take immediate steps to initiate the
s
v 0C
necessary procedure without delay. As and when there is any sig-
nificant progress of which you should be aware, I will , of course,
contact you again. 0
I trust the foregoing is satisfactory and, should you or your
client have any questions or concerns in regard to this matter,
please do not hesitate to let me know if I can be of assistance.
Yours very truly,
r
Vonne Haigh (Mrs.)
Secretary.
cc: Q.T. Gray, C.E.T. ,
Deputy Director.
TELEPHONE 752.4325 `K/
AREA CODE 5t9
SLEIWIN, WYNN
F 7
BARRISTERS & SOLICITORS
90 NELSON STREET ,• � �".^�
P.O. BOX 1030
BRANTFORD. ONTARIO N3T 5S7
J A D SLEMIN. O C 119801 --
J A WEN N. OC J:..=ri iic rl' 71st 108Fl� e
r
DAVID E SPICER BSc LL B 9 "`_.,,_ ,.- -------
Public '.:orks Dep�irtment,
Coruoration of the 'own of Newcastle,
HAMPTON , Ontario .
LOB 1Jc
Attention : 1"r-s. Vonne Haigh
Dear P,:rs . Haigh :
Re : Diana G. Grandfield and closure of part of Bond
Street, Village of Newcastle,
Our File No. 81199 _
Thank you kindly for your letter of December 30th, 1981.
Mrs . Grandfield is of course desirous of proceeding with the application
for closure, and we therefore enclose cheque payable to the Town of
Newcastle for the 1500.00 deposit as required.
We can see the wisdom in closing all of Bond Street between
Mill Street and Park Street and assume that your suggestion of an
additional reference plan covering that portion of Bond Street East
of the lands in Plan 10R-1378 would be a wise move. We assume that
you are indicating that the Town would obtain the survey and do the
survey work as we trust you are not suggesting Mrs. Grandfield be
responsible for having the survey of the portion of Bond Street East
of her land .
We also agree that we think that the procedure in closing
the whole of the Street would well preclude any property owners
objecting although we can hardly believe any could object especially
M r. Legresley who has been using Bond Street east of our client' s
Property to Park Street for time in memorial for his own purposes for
farming etc.
In any event which ever procedure you feel is the best
from the point of vie,,,., of the Town, is fine with us as long as we
proceed without delay in view of the fact that a substantial portion
of r1rs . Grandfield ' s house lies on the road allowance and she is
naturally most anxious to get the title cleared up to it.
Yours very truly,
SLEI1Ir� , ,rYNra
J .\ A `riV
.:'J. dr
Enclosure - 1
yy wtrRt ya
a �
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT J.W.Dunham,Director
HAMPTON,ONTARIO LOB t JO TEL.(416)263-2231
Mr. J.A. Wynn,
Slemin, Wynn,
90 Nelson Street,
P.Q. Box 1030,
BRANTFORD. Ontario.
N3T 5S7. December 30, 1981 .
Dear Mr. Wynn:
Re: Bond Street (Unopened) Village of Newcastle.
Your File # 81/99. Closure & Conveyance
Thank you for your letter of December 18, 1981 , in which you
enquire, on behalf of your client, Ms. D.G. Grandfield, about
the possibility of closing and conveying that portion of the
unopened right-of-way, Bond Street, abutting Part 1 of Refer-
ence Plan 1OR-1378.
Attached, for your client's information, is a copy of the Town
Policy in respect of the Closure/Conveyance of Municipal Road
Allowances and, as you are aware, a deposit in the amount of
$500. , 00 is required in order to initiate the procedure.
During the latter part of 1980, the Town completed several
transactions in which Clarke Street and Bond Street, east
of Park Street, were closed and conveyed to abutting owners
(Parts 3 to 9, Plan lOR-1023); it would appear that, in order
to obtain Council 's approval for the closure and conveyance
requested by Ms. Grandfield, it would be in the best interests
of the Town to close Bond Street abutting both Blocks 'Q' and
'R' , C.G. Nanning's Plan, thus avoiding a single section of
Town-owned land remaining.
As you know we are bound, under the provisions of The Municipal
Act, to advise all abutting owners of a road closure proposal ;
in this instance it may be advantageous to acquire a further
Reference Plan covering that portion of Bond Street which runs
from Park Street to your client's property boundary at the outset.
If we were to follow this course of action we may well preclude
the possibility of neighbouring property owners objecting to the
proposal once the procedure is underway.
Perhaps you would like to discuss the foregoing with your client
and, if you have any queries or concerns, please do not hesitate
to contact us.
Yours very truly,
t
Vonne Haigh (Mrs. )
Secretary.
TOWN OF NEWCASTLE
POLICY FOR THE CLOSURE/CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES
1 . Written applications to close, or close and convey, a
road allowance, must be accompanied by a deposit in the
amount of $500. 00 (FIVE HUNDRED DOLLARS) .
2. Upon a favourable recommendation by Staf that the road
allowance may be closed, or closed and conveyed, and
upon adoption thereof by Committee and Council, then
the deposit cheque of FIVE HUNDRED DOLLARS shall become
non-refundable.
3. Road allowances which Committee and Council have agreed,
by resolution, to close, or close and convey, shall be
disposed of at an established appraised value, plus all
other costs involved, and the appraised value shall be
established by Committee and Council.
4. Upon the written concurrence with the closure, or closure
and conveyance, from all other abutting owners, a
Reference Plan and Appraisal of Land shall be acquired
by the Town.
5. The Appraisal of Land shall be submitted, with a recomm-
endation, to Committee and Council, at which time an
Appraised Value shall be established.
6. The Applicant, and any abutting owners having interest in
the lands, shall be notified of all costs.
7. The Applicant, and any abutting owners having interest
in the lands, shall notify and confirm in writing to the
Municipality, the intent to proceed, and acceptance of
costs described.
8. In the case of the Applicant's confirmed interest, and
at the time of completion of the transaction, the FIVE
HUNDRED DOLLAR DEPOSIT shall be applied against the
costs applicable to the Applicant.
9. If the Applicant refuses to accept the costs described,
the no further action shall be taken in the closure, or
closure and conveyance, of the lands involved and any
unexpended funds shall be returned to the Applicant.
10. All revenues generated from the sale of Road Allowances
shall be credited to the appropriate account, and any
unrecoverable costs relative to the foregoing procedure
and Policy shall be debited to the appropriate account.
Resolution W-211-80 (Public Works Committee: September 2, 1980) .
Resolution #1 C-80-1141(Council Adoption: September 8, 1980) .
TELEPHONE 752-4325'i ('
AREA CODE 519 Ll01
SLEMIN, WYNN
BARRISTERS & SOLICITORS
90 NELSON STREET
P O BOX 1030
BRANTFORD. ONTARIO N3T 5S7
J A D SLEMIN. QC (1980)
J A WYNN. OC December 18th, 1981.
DAVID E SPICER. a Sc. LL B
Mr. J. W. Dunham.
Corporation of the Town of Newcastle,
Public Works Department,
HAMPTON , Ontario.
LOB 1JO
Dear Mr. Dunham:
Re: unopened road allowance known as Bond Street,
(now Parts 2 and 3, Deposited Plan 10R-1378) ,
Hanning' s Plan, Village of Newcastle, and
Diana G. Grandfield - Our File Number 81/99
As is the case with so many properties in the Hanning
Plan , the house formerly occupied by Mr. and Mrs . George Farncomb
and thought to be in Lots 3 and 4, east of Mill Street and one south
of Bond Street in Block "Q" in Hanning' s Flan, known now as Part 1
in Deposited Plan 10R-1378 - in fact, lies to a large degree on the
unopened road allowance known as Bond Street.
Our client, Diana G. Grandfield has recently completed
purchasing the property of the Farncomb' s from the Executors of the
Farncomb' s Estate, her Deed having been registered in the Registry
Office at Bowmanville on December 2nd, 1981 as Number 105587
Newcastle ( No. 10 ) .
We enclose herewith a copy of Deposited Plan 10R-1378
which was prepared by Mr. Brown and duly registered October 8th, 1981,
in the said Registry Office and we wish you to consider this as a
formal application on behalf of Mrs. Grandfield to purchase the portion
of Bond Street shown as Parts 2, 3 and 4 on the said Plan. Obviously,
the owner to the north has the right to purchase the north half of the
unopened Street as the adjacent owner, but Mrs. Grandfield is hopeful
that in the circumstances, that adjacent owner will not be interested
in PartO and 4, and will allow her to purchase them, so that the whole
property as it has been occupied for probably seventy-five to one
hundred years , can remain intact and be occupied`�,in the past. -
;,
"" ' Continued on page 2. . . . .
DEC 20 1981
Page 2. . . . . . /
Mr. J. W. Dunham December 18th, 1981.
Would you please consider this as a formal application
and take whatever steps are necessary to proceed with the matter at
the earliest possible opportunity. Mrs. Grandfield intends to occupy
and use the dwelling and the premises, and you will recall that the
dwelling is a permanent home rather than a cottage or building for part
time use and there is therefore, some greater urgency, than there is
in usual cases of this kind.
Yours very truly,
SLEMIN , WYNN
I
J. A. WYNN
JAW:dr
Enclosure - 1