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HomeMy WebLinkAboutWD-99-82 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1 J 0 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 13, 1982. REPORT NO: WD-99-82. SUBJECT: CLOSURE AND CONVEYANCE OF PINE STREET, BOWMANVILLE. COUNCIL RESOLUTION # C-586-82. RECOMMENDATION: It is respectfully recommended: 1 . That this report be received; and, 2. That the value of Pine Street, Bowmanville, between Blocks Q & R, according to C.G. Hanning's Plan , be established in the amount of $19,500 (Nineteen Thousand Five Hundred Dollars) , and, 3. That the Clerk proceed to advertise the by-law in respect of the closure, as detailed above; and, 4. That Part 2, Plan 1OR-1527, be offered for sale to Glenson Investments Limited, in the amount of one-half of the value of the total area of the street to be closed and conveyed ($9,750) , and, 5. That Part 1 , Plan 1OR-1527, be offered for sale to the abutting owner to the north , in the amount of one-half of the value of the total area of the street to be closed and conveyed, and, 6. Failing the acceptance of the offer of Part 1 by the northerly property owner, the land be sold to Glenson Investments Limited, and, 7. That the Director of Public Works be authorized to proceed with the foregoing negotiations immediately in order to finalize the closure and conveyance, in accordance with Town Policy. , t WD-99-82 - 2 BACKGROUND: In July, 1982, Council passed Resolution # C-586-82, approving the request of Glenson Investments Limited to close and convey that portion of Pine Street, east of Liberty Street, Bowmanville, abutting their property on which they proposed to erect an apartment building. The area of Pine Street in question is shown as Parts 1 & 2, Plan 1OR-1527, or Part 4, Plan No. lOR-855, as referred to in the Appraisal Report. The owner to the north of Pine Street had objected to the re- zoning of the Glenson lands, and to the proposed closure of the road allowance; however, in accordance with the terms and con- ditions of The Municipal Act, one-half width of a right-of-way proposed for closure and/or closure and conveyance, must be offered first to the abutting property owners. REPORT: The Applicant for the road closure (Glenson Investments Limited) has complied with the requirements of Town Policy and has ob- tained an Appraisal of Land Value. The Appraisal Report uses Plan 1OR-855 for survey purposes, but this plan depicts the whole portion of Pine Street between Blocks Q & R of C.G. Hanning's Plan of Bowmanville as one parcel , whereas if the right-of-way was to be conveyed equally to the abutting owners if would need to be divided into two parts; Plan 1OR-1527 (pre- pared for the Town) reflects this requirement and will , therefore, be used in further reference to the lands involved. The Appraisal Report suggests a land value of $19,500. 00 for _ the total section of Pine Street between Blocks Q & R, which would assign a value of $9,750. 00 for each of Part 1 & Part 2, Plan lOR-1527. Glenson Investments has, to this point, complied with Town pro- cedure insofar as the survey and appraisal are concerned, but were not able to obtain the approval of the abutting property owner for the proposed right-of-way closure. Having regard for Council 's endorsement of the conveyance of lands, it is suggested that Part 1 , Plan 1OR-1527 be offered to the other owner and, if he has no interest in acquiring the lands to be gained by the closure of Pine Street, it then be offered to Glenson Investments Limited, together with Part 2, Plan 1OR-1527. Glenson Investments has stated their requirement for the lands comprising Pine Street as being for access, landscaping and parking in respect of their proposed development. Rubmitted, . -Eng. , Director of Public Works. r November 26, 1982 : h N/Uchaels & Nlichaels Barristers -Solicitors 04 6)5790522 RCh Box 2395 50 Colome St East Lucian Michaels, B.A., LL.B. Oshawa,Ontario Barry H. Viichaels, B.A., LL.B. LIG IL9 Rep:�yTo.: Lucian -Michaels November 2 , 1952 The Corporation of the Town of Newcastle, Department of Public Works, RECEIVED 'k, HAMPTON, Ontario LOB lJO Attention : R. G . Dupuis , P . Eng . , Director of Public Works . Gentlemen : Re : Gleason investments Limited Closure and Conveyance of a Part of Pine Street, Bowmanville We acknowledge receipt of your letter dated October 28th, 1982 . in accordance with your requirements for closure and conveyance of Pine Street , we are pleased to enclose herewith the following : 1 . Copy of the Appraisal Report made by Property Valuators & Consultants Ltd . dated August 5th , 1932 for your files . 2 . Glenson Investments Limited' s cheque payable to The Corporation of The Town of Newcastle in the amount of $250 . 00 . 3 . Petition , duly executed by Glenson Investments Limited, for your files , in duplicate . 4 . Copy bf Reference Plan 1OR-1527 showing Parts 1 and 2 thereon for Pine Street . We have sought to obtain a petition by the adjoining land owner to the north who has refused to co-operate in this endeavour. We would confirm that our client owns all other abutting property and I am pleased to enclose herewith his concurrence with the proposal to close and convey . Yours very truly, MICHAELS & MICHAELS Per : LUVAI- Mikaels LM/cp Enclosures . i P E T I T I O N I, WILFRED STEMEROFF of the City of Oshawa , in the Regional Municipality of Durham, MAKE OATH AND SAY AS FOLLOWS : I am the Secretary-Treasurer of Glenson Investments Limited, and as such have knowledge of the matters herein- after declared . THAT as such adjoining land owner of the property set out as the unopened portion of Pine Street , in the Town of Bownanville , in the Regional Municipality of Durham, i consent to the closure and conveyance of same . DATED at Oshawa , Ontario , this day of November , 1982 . SWORN BEFORE me at the GLENSON INVESTMENTS LIMITED City of Oshawa, in the Regional Municipality Per : of Durham, this dny of November, 1982 . c s A. S LG_ , A Commissioner , Etc . f =Op LI 1 TT n a n t land f- . s i I Pine Street Road w iv ViMG nqe i f• i G si liberty Stre6t South TO Gienson I i I 1 - i i i d .stne _ s Limited 428 Simme Stveet South Oshawa, Ontario � yk I 4' d i I MUMIS L CGROJANIs LA REAI ESYATE APPRAJSWQ,S 62 Jjckrn,-�j ON. LI A.A.C.I.,F.RA. C 2C9(416)623-6023 CHTFAPPRASER, file: B2107 August 5, 1982 ii "lens" investments Ltd. 498 MOW Street South Oshawa, OntaTio Attention: Aj. W. Stemaroff Re: Kne Street Road Allowance, Libert- y Street- South Town of Newcastle (former Town of 3 i owmanvi le) =sear It. Stemeroff in in accordance with your request, we have Completed an apn0aisal of the above yToDerty,beins a vacaQ: lot with frontage of about 59.4 feet and depth of about 165 feet, fo:2 the purpose Of estimating its =apkey value� as defined. HavinS inspected the Subject Property, and cave-- _ U117 Considered all Jb7sical, 6ode wnm ental and sccio- sconcmic factors affecting value, we estimate its market, value as of August 4, 1982, to be r, Nineteen Thousand, Five 111!�:�nare-f'_ . . . . . . . . . . . . . . . . . . .Dollars Zre attached zeyort contains 16 pages of analysis and ex1ibits gathered lacing our LnvestiSations and snjjoD_ ting Our conclusions. if You have any questions, please to not hesitate to telelhone. Respectfully submitted, 00!ePty Valuators A Consultants Ltd. W.H. p,-oper:y, is cerrji.-j like alfi CS ti:'-wora,is (t`e'nemis Tcoreur,ess certain prop) 'Cins of the j�aiz're,an2zhe isr,0 :0 5e,"Cise thd'7 when il cor"'Es O'n"true. leu real at thaf time if later nl-e propj7ocy T'-A3LE OF CONTEETITS Tit--Le I)age of T-1-aiismit-tal e-n-�,-s -� e of 'Con Q 14 1-1=a--y of Sa 7-a3ts =d Conclusic.n Definit—Jor of -U'-he A-p=aisa-1 Problem CoDy of 11--lan of Survey 71 an. ;-iighest an d Best Use —iSnc-u�rhood and Si-�'--e D e s 1-p 0 0 s 0 f t1te S-�f04e—' 7 F a-'aa-�icn -es Co-m-parisc- '75 fl A(J) 017, SALIEN-T FACTS AND CO-I'Tc Ene Corlporatio:a, of 1,,-he- To-vza Of --,,Te-v7castle - ne Street Road A oc llc�,:azice B'Loci:s an, a R accoTding to C.G. Hannins-gs Plan, .(o-'..;tee- of C) Bc- anv=e, To-,.-:ii of RIeglonFl 1,11nj � -j ity D=ham, �;=d L),800 squa-7-,e f-eet (0.225 acres) T —07,e=en�-S: Vacprt - ,--id Zo-Lnls: R General residential H -" shes' amd Best Use: SirEle family resJdeiatia u' EJ"I'ective Date of A-7p-p2�aisal: August- 41 1082 e Es t im al-I e 57 C,500.00. DEFIHITION 0--'c I= PROI3=2 A. Furcose of the Awraisal !he purpose of the appraisal is to estimate the market value, as defiaed, of the Subject property as of August 4, 1932. Linn! Deco rinti,fly The Subject looperQ7 is known as a!! of the street between 31oct Q and R (Fine Street) according to C.G. HanningOs Plan of the former Town of 3ow=amville (forming part of original lot 10, Concession I) now in the Town of Ne"'wcastle, AeJonal of Eurham. it is shown as Part 4 on Registered Flan No. 102-855, a copy of which is included on a followinS page. C. VToweTtj R!Ehts Appraised Fyoperty rights are valued in this yprai sal as being in Fee Si=yle, whit includes the right of sale, lease, entry, SiftinE, co refusal to do any of these things, tat subject to original reseTvaions Oy OW D. Date to 3_Lais e�- luSust 4, 19S2 E, Definition of Market Value- Harket value is defined as the most probable selling poice of a pro pertY, if exposed for sale in the open market by a 7,-,,:LLli-X seller, allowing a reasonable time to find a willing neither buyer nor seller acting under compulsion, both hz:v-inS a full lnowledSa of all the uses purposes to ------the propert is adapted and for which it is capable of bainE used, and both exercising intelligent judgment. it tyi)t / " INV 3 S � 71 27" COz zz (GOO)Do a CO y h° N d .^i.i'O 4 - r ,. °.� _✓�\— �1���! - r���•'� % Ste'+' t3r ..^:r ..3E — �a4 _.__fir m �' _ �•'�J�C.1 :.��`. i.:•l�.e i.� ��`rJ^.:,+ a+�]'r Qd.^r`/� a �n 11 ��h � lip =733 *&v v s' syj ' 7 l d 6 ' t tyi)t / " T-'G H 7 C-_7 ST USE zoned :R Gen- e2al Residertial er 1-Y is L''Un d e t—he Co=cozatl-ion of the To-vin Of BM-jman,��lie Zon-inE .7Ly "T as ame--ded B as sho-'-"n T-)a e Z07L-I- 7De77-,j'S So=e ".D C uses suc,n, as cLnzr-ches, =U111 u s C t--,-e s hospi'll-als a2a,"J sr,'noojs va�icus z�eside-ntial uses de-pendant u-Dor the rortage and area e s e G i th -st and ?-st Use The h-ighest a-ind best use Of !=,d is defined as that a I use -ezh—Lch pz-ovide= the S--eatest net -Te' t-UT11 im-te:rms 0-,1' m o-n ey or am=n4--fes Q,,,rer a even -pericd of time. The le--al uses =� e us-aally --Isa-�alat-ed b7 the ZCSni n.a in effec4- T'iie SlfbJect proDe--ty does n9t appear to be large 'b- -- suitable �cz- =any of the pif off?c uses permitted U de} z-ae 37-11a,-,,�. J-'�-lso , the e�xfstence G many olf these public use in -,-he ir=ied-iate area of the S'Z064ect suggests there S 4 de-and fc,.- =cre of these 1 es Of prope�ties. e Sub je c t- property has a fro"-tlage of 59.40 e t, a!On the east S4�-,_ c Sou" and has a total a to a squ=e e e e au s e G=i i t s frcn"�:raSe, the only -cesi'fLen- use --d is t.hal-. of a sinb-le f aPnni--Ly d7v�eiiing. -'G.Lese reasons, highest- an", best use ol,• e c r o-,.e J s cc ME-, r e cd o e as a s? g e lfam i 4 L 1:7 1 �M1 FF77j fdj � � t V � LOS 1 0 0 = 0T P 0 A r CRr A C E ! B I Soccial Specicl R j u� `i ( C ECcS�@iccs Cc�iY;Ca c✓�u 1 Con, H,n Cnnn c r' 4 z ! / y C E C C M-1 j ;c. dingy cr,R�nc^c�E�: 72- ;3 P2- 31 D' bor 0 �L➢3 8C0 — - 73-62 �:;? 75- 78 Spocid condiliort 3 - 1:6 S ccfai C7ca�si ion >j ? ' =H30URHOOD AZT SITE DESCRIPTION The Subject property is located in the former Town of 30wmaa v l=e rear the south end of !ibeo -Y Street about 3CC, fee,'_. � north of paste ine Road. The neig b^vu."'hood contains a mixture of rcyert es such as a part and playground with municipal sw"`-'?inS 'pool "i , and a gas station across the street �';� ° e so ^vii the Subject. °north of the Subject on liberty Street are some residences and a church and to the so uth are some co:tliTieTcl ally zoned residences. land to the rear of the Subject is slated v for development as an qlantment building. � The Subject site is basically clear and level With a z r .Might downe;a:cd slope to the rear. it has a frontage of 59.40 feet along tie east side of Liberty Street South and�.� a depth 07165.0 feet. its shape is rectangular and it 4as a total area of 9,800 square feet. Senvices available include water, sewers, `y o, as telephone and cable TV. � � Liberty Street is probably the busiest north-south artery, in t he To Tn due to the cloverleaf at H Shway 401 and she � traffic lights at _'King Street. The neighbourhood is, therefore, e e of houses., public uses and commercial establ ishmerts. it cannot we considered as Purely residential and, therefore, the desirali _ty and demand for he Subject as a residential bui ld g l of is lower than other locations Cns � residential t�al ie�g =�° � 4 g� pg 1 t a E ' 4 fF _ 1� Looking due west from rear of lot �N V liberty - Street 4 7T� je sales cl- Ore 1':' St4-9 of vacant zesider-4-ial build C lots f, the To-vTiq of BO e 1,.7 w"°- s e e c t e d f o 1, c o 1-, 1) 2 ivy h 4-1 ­Ub j e c t are as foljo-v�s: Sa-' e I.Joca-icm Siz e Rr i C a a u i 6 fr. x �,-o,coo a3r 9 9-1 12 5 100 2 Si-Elpson Ave. 661 -r. x 4-- Ha81 -6 0267- 3 7 eT17 :Road z0-05' f�- 2- 000 i'laylS. (6,-007 SQ.-Lt. 4 Street !21 , (-11 15,000 0ct./81 105223 1 326 5 12 T ac7=an '7-0 Oa 5 fr.689 2 2°5-0 0 All-m,` 2 not closed Rld 13 . 6 -C71 C-0 I .� 26,000 t no sold 1-4 e-- ' e 7_ -alu-ing Desiden •ial sites La the fo=nei� To-vm ol, as Ja_r othe =eas, =ust be made to ` 'he Subject p--co-pe2t-y. h-1-sli;olic sa7es J-,� orde2, Uo equate h U a '17S-i S O-L n a'D o v e a e s an d _1 othe- -vacant residential -0 Jndica`e that size is nog a =a�o--- for a-dJustLI7-,e-,,-,'% as 70-- as the lots are adequate e . to be co--side:�, d 4 -n this valuation are T- tO I'lote that the as above has bee-a o i -L-Ihe m=--It- 2.01, sol-e yea-7's bY a -7'eal estate who does not a�ppea2,? to a ve.,:,-y 4n itu sho-o�ld also be t• h a b -'7S S =a -' ot sales used fo, Cc m-0 ison, 4 ,,,'it-h all Of th- -csts necessar-y afLteer, the -,,)o ,r-t O-f chase such as -inst-allat-i-on of sel-,--i -ces, lo�- levies etc. , a contractor O -I!d --probab-17Y 1)ay 57000 fo� a lot and sho-�w a iorof it a ho-,� a - �1' -se. There -re s-everal lots avai-'-a-r-,,--Ie on erly -oad a-,',- �',�,25,000 and tu,hese re=ain -C�,nsqo-1 v,C3. L d f oz- a 1 o ng, of Di,:iLe to the tre L, -Meliaclls incL-ease in ---Inteies-,t,- mod es ove! one -,as-"- 12 -ao/nths , P!'0Pe:ctY Val-aes have ---nelrall-,T D Val-aation cont, d U increased Luring that 'period. T,,-)e ti-re and location adjust eT3is for each sale be discussed herew�_ith. Sal e �a is alm ost two years old and too]:c place in a di f',`erent economic climate® It is close to the S=ject bit on a eI7 residen, -�',-ial street and is considered to indicate a 7.: obab'e selling ar ce for the Subject j- to-day's market of X79,000. Sale -­,2 is m:ore than one year old and i,:as porch ased7 D-7,, an Lad-`L�,ridiiai foi use as a -buildinE site for his o •-n homme. w.-A.1though adjacent to a school yard, it is bo-. derir,- on homes 0 f a much hirz--�hPe=' -price th those in the ESubject area. Due-to t-h--e ltime ad-i-ast=en-, it is considered to suggest a probable sell price for -she Subject of $20,coo. Sale -§13 is also more than a year ola and iwast be ad'usted do-��;n,,%7ards on t a' account. Al�hou­h it has a small le--r- J uh u f-rortage =U hain the Subject, it is a corner property '=-, d- -7s sur- -ou- '_ ` V reside I a`ed resi�'ential homes probably twice as val-c,,alble as t.-.-- 'E�,? his sa_!e =a-y sug-est a probable selling pri ce of E-Coject. hi 0-a - 00 for the S-uCbject. Z)a_L-e S __71 4 i,_7-eSala_-c1y shaped lo t a-nd althouzgh U a -=e i-ecen-G sale thal vi<e pTevious ones, it must be disre-arded 4 since borde--s the amain 1-,-,ie oIF the C.P.R. raii,.vay trac.17-s. s _­Viclls �',Ilat a substa it?al adju7stm, ent ale to the �)resence Of To 1�I V� _ld be :Liecesso ,-. Sale _Dlace w-JI-thin a fe-ei daTs of the date of 7,- luatica and is, the�ce_foie., a cul-r-rent sale representative of a T�his sale is Dot t=11y a vacant land sale as it cozataincd a small (380 square feet) o ' d run• doE,,-,_n un2'Z2:,aIbi_ �aole ccnCret--e 'bi ocII: b7in2,alow. The demob ion cost 0, about L of this stIr-uct=e ha-,.re to be added to the sale 1---4 Ce to arrive at, a net 'lot sale 1.,�rice of about- �23,500. 2ti-is sale ?_s a Durely ::'esidentiai area in the no-th D=t o f j- c a ba-':s oil to f armia--nd w1ni G will -probably -remain .,j eve o-r.ed for some time I'lorc over, the lot is al ready n 4.C Y 3 :balaation (co-t d) is equ mpo i,,ith !Vd-ro a-rid sanitary sewer hooLi-u,-u, BY comp=i son wi Uh this most recent sa?e- ; therefore, the `Subject --_orDea�tY is i c.icated to have a mar I,-et va]--ne oL 'about $19, coo. in view of the above analysis and the adjustments for � time and location Sale i � L a � �� s �j�.�ie,_ �}i,oS� T^�'e��'_"1�°� this �al�.a:�ion® It- was a caste transaction and, although not yet completed, a b d-ing agreement of purchase and sale is in effect. The market value of the SuIbJev- land, as of 1!u,�- ,st 4, !Q82, is, th ere ol.e, es--imaged at: I 0 R � J Sales C/omnarison rtap 2 SQ%aUANVILLE '�'DVNTRY CLUB Tmrd C�cers an Ttnr Concez,a1 Bg 10 � B 1 a � � n D A / �='\ ILA. J ` ct �,McSd�rrviety Av ;� Sunmer Sense RdA fg rretser�c`ii ""�— o = 1 A Vea°er •5 _ 33 w l¢ era` 54 _ _ y C t /- c...ino Cz L � yfi f Rehder Av ° °' °-� / °`� /✓5avnd er5 ± ojyf$^�� StUr(oCk � t=i Si 1 AV . C ✓L+ c� /f }9 AV p9 C 4D Coon$. w recess a S9 ° concession Sr 4 ` I -� 3y N xt a, y t cve KING r5 ..�" Gi^ ow � . J n. `rIDf�a f T� Carl $ +' �s(C Av IL F L N'G STI ,.Hob s t}r � a AL U£It%Co, tY i' s �• e! Sv`, Jan1St`SP Q South Par$V,,�'' t^ Par St r—t a c 'J� > Spry AV Ia CD:rJ Ct1 @r5 1 > ya,� E Loscornt>o D- 7: E9 � C^ c Pn+w� g�n,rkpwaY t a. `' N t ,)Par k a� > 'mil E S v >t 3 tid <S SNC nd @ ST 6 r5, Beach �0 6 LAKE ONrAR/O tl �a / 1 CONTINGENT AND LIMITING C:OT'dDITI©DJ S The legal description of the Subject prOperty as stated herein is that which is recorded by the Registrar of the pertinent Land `titles Offices €nd is assumed to be � correct® In order to arrive at a supportable opinion of value it was found necessary to Utilize both documented sd.. hearsay evidence of market transactions, A concerted effort has been Put forth to verify the accuracy of the information herein contained.. Accordingly, the information is believed to be reliable and corrects and has been gathered according to pro- cedures which awe recognized by the Appraisal Institute of Canada. Sketches p dra ings 9 diagramsg photographs, etc. presented in this Teport are included for � t7ae sole purpose of illustration. No legal survey or soil test concerhing the Subject property has been provided. Accord.inglys no responsi- bility is s as ��sed concerning tress matters„ or other tech�z- i.ca.l cr engineering tsohniques which would be required to discover EMS inherent or bidden condition of the Subject property® . The distribution of values in this reports between land and improvements, apply only under the program of uti- lizatio= as _ e ified. in this appraisal. The separate eva- luations, as estimated hereins Faust not be used in conjunction c with any other appraisals, and may be invalid if so used.® Cole client to wham this report is addressed may use it in deliberations affecting t o ��n� ne Subject property only, and in so do i ngv the report should not be extracted, but used in its entirety. The Property rights appraised exclude mineral rights, if amy. The Wzeod upon comps nc ation for services rendered in prop i mg this report do not include a fee for court prapar ti.on or court appearance. Should €a court appearance ba required in connection with this reports additional fees � U'll have to M weed upon, CERTIFICATIOIT hereby ceTtl y m a) that y have Personally inspected the Sifoject I-oper b} that l have i=--=tially considered all data obtained the investigation � c} than. l have ro present or contem plated future interest in the Subject property; a a d) that the employment a_nd co De-sation for this assn_ ent is Li no • ay continSent -a-pon the value estimate; e j that, r-he es -imated 1a ke l value -of the aC_>ubljiec,'-' p—ropeilty, as o i° �� s , 1932, is 33, 500 8 00 0 i 3k3 _ 6 uSus t, � , 082 W.H. Cl? ,ems v 1a r�mtlu���o F.P-L.© {9 9 t 0 U;7117 7H.3 LA d FD c"7 p os:1 ED -,,-i�E F �T. L A N� 10 7(� RECEPVED X,�:)C -I-,ED -1-Tl p 9 2 L,�%D FZEGjS7R�1-3 FORT-�E 01 z-y ell, % 15.C Co " c- q, 3 RI I T _LCCK Cl) SH E C cY L z /V S