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HomeMy WebLinkAboutWD-69-82 77 .r� 1C� CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1JO 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 1982. REPORT NO. WD-69-82. SUBJECT: CLOSURE AND CONVEYANCE OF THE ROAD ALLOWANCE BETWEEN LOTS 4 & 5, CONCESSION 4, FORMER TOWNSHIP OF CLARKE. RECOMMENDATION: It is respectfully recommended: 1 . That this report be received, and; 2. That the value of the road allowance between Lots 4 & 5, Concession 4, former Township of Clarke, from the Fifth Concession, southerly to the Canadian National Railroad right-of-way, be established at $1 ,000 (One Thousand Dollars) , and; 3. That the necessary steps be taken to convey the land comprising the road allowance, more specifically defined as Parts 3, 6, 7 and 8, Plan 1OR-1230, to the interested abutting owners, at the appraised value, plus all costs incurred in effecting the closure and conveyance of same. BACKGROUND: On May 16, 1977, Mrs. Marjorie Westheuser appeared before Council requesting the Town to consider closing and conveying the (unopened) road allowance between Lots 3 and 4, Concession 4, former Township of Clarke; the request was referred to the Public Works Committee and Resolution # W-170-77 was passed, stating: "That this matter be tabled pending policy establishment". WD-69-82 _ 2 In March, 1980, Public Works Committee was again asked to give consideration to the request, which was subsequently approved by Council. In accordance with the terms and conditions of The Municipal Act, Staff contacted all abutting owners in the vicinity and it eventually transpired that those with property adjacent to the southerly portion of the road allowance (i.e. south of the old Canadian National right-of-way) objected to the closure; at this point the matter was dropped. Following a further request from the Westheuser family, in May of 1981, Council approved a modification to the original proposal , namely the closure and conveyance of the road allowance between the railroad and the Fifth Concession. Accordingly, Staff wrote to the (three) adjacent property owners, advising of action taken and costs incurred to date. There was no firm response or acknow- ledgement to this approach. In July of this year, Mrs. Westheuser again visited the office and asked whether or not the proposal to close and convey would result in their gaining any of the lands comprising the road allowance and, at the same time, indicated that the property owners on the west (opposite) side were not interested in buying same. Staff again wrote to those owners, asking that, in the event they had no interest in the land acquisition, the indicate same in writing. On file is now a waiver of interest and rights to the lands shown as Parts 3 & 7, Plan 1OR-1230, and the statement that there is no objection to the transfer of ownership of the road allowance to the neighbours on the easterly side of same. REPORT: As can be understood, over.-the past several years, expenses have been incurred on this item, not the least of which are the survey fees, which amounted to $2,045. 00, for the original reference plan. Anticipated inevitable costs still to be borne are those associated with an overlay for the plan (to accurately define the southerly limit of the portion of road allowance to be closed - WD-69-82 _ 3 at the railroad) , the preparation of the closing by-law, and advertising of same, and the ultimate legal fees. On Monday, August 30, 1982, at the request of the Westheuser family, Staff visited the location to inspect the condition and potential of the road allowance in question, and can report that it would appear to have very little intrinsic value, other than to the abutting owners who wish to fence it for security reasons. Adding the land comprising the road allowance to the existing (extensive) holdings of those owners would not appreciate the value of the resulting parcel to any great extent; the existing unopened road allowance is wooded, overgrown, and swampy to the point where there is actually a beaver dam on the land. In view of this it is felt that the value of the land cannot be said to be more than $1 ,000. 00 (One Thousand Dollars) , and it is thus recommended that this be established, and the closure and con- veyance proceed, without further delay, upon the applicants' concurrence of acceptance of the land value, and all other costs involved in finalizing the transaction. Respectfully submitted, R.G. Dupuis, P. Eng. , Director of Public Works. 1 146gust 31, 1982. A :vh AN 18 Ila WAIVER TO: R.G. Dupuis, P. Eng. , Director of Public Works, Corporation of the Town of Newcastle, Municipal Offices, HAMPTON. Ontario. LOB 1JO. FROM: PROPERTY OWNERS ABUTTING THE ROAD ALLOWANCE BETWEEN LOTS 4 & 5, CONCESSION 4, FORMER TOWNSHIP OF CLARKE. We, the undersigned, being the owners of a parcel of land abutting the subject road allowance, do hereby waive all rights to title to Parts 3 and 7, Plan 1OR-1230, and indicate hereunder that we have no interest in acquiring any lands resulting from the closure of the Municipal road allowance, and have no objection to said lands being transferred directly into the ownership of others. We hereby affirm that we are in agreement with the closure, and subsequent transfer into private ownership, of the subject road allowance, and understand that, upon such action being completed, the persons acquiring Parts 3 and 7, Plan 1OR-1230, will be fully and legally entitled to fence the lands thus gained. DATED THIS Win' DAY OF ;-� �� �� 1- , 198 l 7 SIGNED: ( r f+� '� . ��� , ����,� �WILLIAM ARTHUR McNAMARA One-Third Interest ( RUTH McNAMARA One-Third Interest(x �y^ 1ILDRED JEAN McNAMARA One-Third Interest( ' ��e, 4tio°� t,(,v;,,t,) ,,,,xROBERT NELSON McNAMARA WITNESS: _ ATE: BOWMAN ILLS, ONTARIO May 22, 1981 Mrs. Marjorie Westheuser R.R.#1 Newtonville, Ontario LOA 1JO Dear Mrs. Westheuser:- Re: Road Allowance between Lots 4 and 5 Concession 4 former Township of Clarke The following recommendation in the Works Director's report WD-66-81 was adopted by Council on May 19, 1981: "THAT the road allowance between Lots 4 & 5, Concession 4 former Township of Clarke, as defined on Plan 1OR--1230 be closed from the 5th Concession southerly to the railway right-of-way (Parts 3, 6, 7 and 8 of Plan 1OR 1230) and further that the appropriate by-law be presented to Council". A copy of the report is attached for your information. Yours very truly, 7- Gertrude E. Gray Deputy Clerk/Cmmittee Secretary 99 attach. C.C. Mr. J. Dunham, Director of Public Works Li L 2 �a4t DE,, .=t'JOncTLE , W= TOWN OF NEIICASTI E NMRANDUPI gsg TO: Mayor Rickard and Members of Council . FROM: R.G. Dupuis, P. Eng. , Director of Public Works. DATE: September 15, 1982. SUBJECT: Resolution GPA-983-82. Closure and Conveyance of the Road Allowance between Lots 4 & 5, Concession 4, former Clarke. Pursuant to the direction of the subject resolution, Staff have contacted the Westheuser Family and determined that they are in complete agreement with the recommendation made in Report WD-69-82, as follows : "That the value of the road allowance between Lots 4 & 5, Concession 4, former Township of Clarke, from the Fifth Concession, southerly to the Canadian National Railroad right-of-way, be established at $1 ,000 (One Thousand Dollars) , and; "That the necessary steps be taken to convey the land comprising the road allowance, more specifically defined as Parts 3, 6, 7 and 8, Plan lOR-1230, to the interested abutting owners, at the appraised value, plus all costs incurred in effecting the closure and conveyance of same." Mr. Robert Westheuser has been advised that he will be contacted after the upcoming meeting of Council on Monday, next, September 20, 1982. R. . Dupuis, Eng. cc: D.N. Smith, M.C. I.P. , Administrator.