HomeMy WebLinkAboutWD-38-00
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting:
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~
Date:
SEPTEMBER 5, 2000
Res. Cfll- 37r~o
Report No.: WD-38-00
Our File: C.Ol.Ol.Ol
By-Law #
Subject:
APPLICATION TO STOP-UP AND CLOSE AND AUTHORIZE
CONVEYANCE OF A PORTION OF ROAD ALLOWANCE BETWEEN
CONCESSIONS 1 AND 2, LOT 1, FORMER CLARKE TOWNSIDP
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-38-00 be received;
2. THAT Part 1, Plan 40R-XXX (shown on the Key Map - Attaclunent No.1), being part of
the unopened road allowance between Concessions 1 and 2 in Lot 1, former Township of
Clarke, be declared to be surplus property;
3. THAT Staff be authorized to advertise a public hearing required by the Municipal Act to
stop-up and close and authorize conveyance of the unopened portion of the road allowance
between Concessions 1 and 2 in Lot 1, former Township of Clarke, to Mrs. Ann Simpson;
4. THAT the total selling price of the surplus lands (part 1, Plan 40R-XXX) be established at
$18,000 plus all costs associated with the transaction;
5. THAT if, following the public hearing, Council approves the by-law to stop-up, close and
convey Part 1, Plan 40R-XXX, the Mayor and Clerk be authorized to execute the necessary
documents to complete the transaction;
6. THAT the CIeri<: obtain written approval of the by-law to close and convey Part 1, Plan 40R-
XXX, by registered mail, from the Region of Durham; and
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REPORT NO.: WD-38-00
PAGE 2
7. THAT Mrs. Ann Simpson be advised of Council's decision.
REPORT
1.0 ATTACHMENTS
No.1: Key Map
No.2: Application to Stop-up and Close Part 1, Plan 40R-XXX from Ann Simpson
No.3: Statement of Appraised Market Value
No. 4: Waiver signed by Laureen Whitney
No.5: Correspondence from Planning Department dated March 23,2000
2.0 BACKGROUND
2.1 Application to Close and Convey Road Allowance to Mrs. Ann Simpson
Mrs. Ann Simpson owns the triangular shaped property immediately south of the subject
unopened road allowance (Attaclunent No.1). There is insufficient property to acquire a
building permit. If the parcel ofland, which is presently road allowance, is merged with the
land owned by Mrs. Simpson, the land area will be sufficient to qualify for a building
permit.
2.2 Preliminary Review and Disposal of the Road Allowance
The Public Works Department reviewed the subject road allowance to determine future
needs and uses of the property.
The subject property is the unopened Concession Road just north of, and runs almost
parallel to, the Old Highway No.2. The unopened road intersects with the Boundary Road
between the former Township of Clarke and Hope Township. It is therefore very unlikely
that this road allowance would be required for municipal purposes.
2.3 Abutting Properly Owners
Laureen Whitney is the property owner immediately north of the subject property. Laureen
Whitney has signed a Waiver (Attaclunent No.4) declining her option to purchase the north
half of Part 1 and has no objection to the north half of Part 1 being conveyed to Mrs. Ann
Simpson.
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REPORT NO.: WD-38-00
PAGE 3
2.4 Circulation of the Application to Agencies and Authorities
Comments from the Planning Department outline some restrictions to development of the
lands, but they do not object to the proposal. A copy of these comments has been provided
to the applicant (Attaclunent No.5).
2.5 i\ppraisal
The Appraised Market Value for Part I, to be conveyed to Mrs. Ann Simpson, is $18,000.
The applicant has agreed to pay the Appraised Market Value as stated in the appraisal dated
May 16, 2000, plus all costs.
3.0 CONCLUSIONS
3.1 Since the Public Works Department has determined that the subject road allowance will not
be required as part of the Municipality's transportation system, the subject section of the
road allowance is considered to be surplus.
The applicant has agreed to pay the appraised value of the land plus costs and has executed
an Indemnity Agreement, satisfactory to the Director of Public Works. It is, therefore,
recommended that a public meeting be advertised to consider the closure and conveyance of
the subject road allowance to Mrs. Ann Simpson.
Respectfully submitted,
Reviewed by,
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Stephen A. Vokes, P. Eng.,
Director of Public Works
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Franklin Wu,
Chief Administrative Officer
JCO*SA V*ce
23/08/00
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LOT 1
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Part 1 of Whitney
_ Plan 40R- property
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I ROAD ALLOWANCE BETWEEN CONCESSIONS 1 AND ~ ~ ~ \
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rEPORT WD-38-00
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APPLICATION IF6R.-RbAD--CL6SURE-~:.CONVE!}.lil'CE
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APPLICANT,
APPLICANT INFORMATION
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PART A ..
DATE,
STREET,
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CITY/TOWN,
PROVINCE,
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NO., 7t1r -7ti, -2732....-
POSTAL CODE:
TELEPHONE
PART B .. DESClUPTION OF LANDS
(Petitioners: Use separate sheet)
RE, MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS,
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Town/Township, (,/ d ;-/( e-.
Concession: /
Being Lot(s) If;;''';- I ,//11 Between Concession(s)
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Or Block(s)
According To
Original Plan
PART C - APPLICATION TO CLOSE OR CLOSE AND CONVEY
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I/We ~ /~ I being the owner/owners
of pro erty abutting the Muni pal Road Allowance/Right-of-way as described
above, do hereby request to have said road allowance closed and/or closed and
conveyed in accordance with the Municipality's Policy for Road Closures and
according to the Municipal Act, Section 297, c.M.45, R.S.O. 1990.
PART D - CONFIRMATION OF OWNERSHIP
i) I/We. the undersigned, being the owner/owners of property abutting the
municipal lands described above, acknowledge and agree that ownership of
the lands described in Part B is vested solely in the Municipality of
Clarington.
ii) I/We, the undersigned, do hereby confirm that I/We, have undisputed
ownership of the lands abutting the Road Allowance/Right-of-way described
in Part B.
PART E - APPLICANT'S AGREEMENT TO PAY COSTS
I/We, the undersigned, agree to pay all costs associated with the closure and/or
closure and conveyance prior to the passing of the by-law and in accordance with
the Municipality's Policy for Road Closure and Conveyance.
- 16 -
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ATTACHMENT NO.: 2
REPORT NO.: WD-38-00
APPLICATION FOR ROAD CLOSURE AND CONVEYANCE
Page 2
PART F -
LIST OF PROPERTY OWNERS ABUTTING .ROAD ALLOWANCE/RIGHT-OF-WAY
DESCRIBED IN PART B
NAME:
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ABUTTING PART(S) :
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NAME:
NAME:
ADDRESS:
ADDRESS:
ROLL NO.:
ROLL NO.:
ABUTTING PART(S) :
ABUTTING PART(S):
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SIGNATURE OF APPLICANT:
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May 18,2000
Janet C. O'Neill,
Administrative Secretary to the Director of Public Works,
Municipality of Clarington,
40 T e/\IJ'<'Hua.;d Street,
Bowmanville, Ontario
LIC 3A6
Dear Mrs. O'Neill:
Re: Hypothetical Limited Scope Appraisal of the Market Value
of the Real Property known as the unopened road allowance,
between ColllXSSions I and 2 in Lots 1, in the rorme.r
Township of Clarke, Now in the,MunicipaIity ofC1arington,
Region of Durham, Province of Ontario
In accordance with your request, T have completed a Limited Scope appraisal of the
HYPOTHETICAL market value of the property rights attached to the herein described flIO_ll' to
assist in establishing a va1ue to sell the property.
Tbis appraisal is hypotbetical in that tbe subject property Ul an unopened nllId
allowance and bas no feasible developmeat potential as a stand alone property. It is apprailed
as land for lot enlargement for tbe abntting property to tbe sontb, legally described as Part 1,
Plan 40R 14025. Witb tbe subject property land area used for lot enlargemeat, the ablltting
property land area win be inenalflf from a parcel of a size witb no praetieallllle to a puceI
large enouP in overan size to be ..Hable for Dse as a residential building lot for a siqIe .....,.
residential dweling. H tbe subject property is not joined to the abutting property ... lot
enlargement, the subject property is not suitable as a building lot and the value estimate berein
could be substantially different from aetual market value.
I have made a personal cursory inspection of the property and have given due COnsidbabuu to
the fuctors and forces which influence the property value at the su~ location. This /ow1..;....! ~
subject to the attached Asswnptions and Limiting Conditions. Further, it is assumed that the suiject
property does not suffer from the effects of environm:ntal contamination. If the property ~ ~
to be envirornnenta11y contaminated, the estimate herein could be substantially affected.
. ....(continued on next page)
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ATTACHMENT NO.: 3
REPORT NO.: WD-38-00
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3
This Limited Scope Restricted Report is oot to be regarded as a comprehensive or self-
contained appraisal as the full extent of the appraisal process will oot be apparent to the reader in the
contents of this report. This report may oot be understood properly without additional infunnation in
the work file of the appraiser. In addition, a more thorough investigation of the developmellt costs of
the comparable property sa1es could result in a diffiaoM va1ue ~ than as stated herein. Because
land developmmt is usually speculative in nature, it is oot always possible to accurately predict
developmellt related costs.
This appraisal report has been prepared exclusively fur selling purposes only. I am oot aware
of any third parties that are likely to see or rely on thi<i report: liability in thi<i respect or any other use
is expressly denied.
As of the date ofthi<i report, I have completed the requiremmts of the cmrent l""",tifi,.;,.tion
cycle of the Appraisal Institute of Canada.
The subject property was analyzed by the Direct Comparison Approach. A ......._.-y of the
property data lIn~ is contained on pages 11 and 12 ofthi<i report. The properties lIIIIIiy2Jld are
considered to be the best available properties fur comparison. No other approaches to va1ue are
considered to be appropriate fur this appraisal ""';K''''oeat.
This appramJ does oot affix or set the price of the property, but offers only a supportable
opinion as to the preseat worth of anticipated benefits subject to in"""tl11l:aJt risk, measured mainly by
the market data available at the valuation date.
This appraisal includes real estate only. All other classes of property were excluded.
As a result of my investigations and findings, it is my opinion that the bypotbetical "Market
Va1ue" as defined herein of the subject property as held in the Fee Simple Interest as at May 16, 2000
is EIGHTEEN rnOUSAND DOLLARS ($18,000).
Respectfully Submitted,
Durham Appraisal Services Inc.
A2.~
Don Smitb, AACI, FRI, CMR
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TO:
Stephen A. Vokes, P. Eng.,
Director of Public Works
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
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FROM:
Laureen Whitney
RR # j? J
4828 Hwy. # 2
]',r.. . loAlle, Ontario
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RE: MUNICIPAL ROAD ALLOWANCE/RIGHT OF WAY KNOWN AS A PORTION OF
THE ROAD ALLOWANCE BETWEEN CONCESSION 1 AND 2 IN LOT 1, FORMER
TOWNSHIP OF CLARKE SHOWN AS PART 1
I, the undersigued, being the owner of property abutting the road allowanceiright-of-way, as
described above, do hereby waive all rights to title to:
PART ION THE SURVEY SKETCH, TO WHICH WE WOULD BE ENTITLED,
ACCORDING TO THE MUNICIPAL ACT, S.297 s.302, c.M.45, R.S.O. 1990.
I hereby affirm that we are in agreement with the closure and subsequent transfer into private
ownership, of the subject road allowanceiright-of-way, and the undersigned that, upon such
action being completed, the persons acquiring the lands will be fully and legally entitled to fence
same.
Dated this 7, 7 ~
day of
, 2000; and
Signed:
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Laureen Whitney
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ATTACHMENT NO.: 4
REPORT NO.: WD-38-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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From:
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Jan C. O'Neill, Administrative Assistant, f,'nb!iccW\Jlk, ,
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Larry Taylor, Manager, Development Review-BFafieb--i UU"'
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Date:
March 23,2000
Subject:
APPLICATION TO CLOSE AND CONVEY THE ROAD ALLOWANCE IN LOT I,
BETWEEN CONCESSIONS 1 AND 2, FORMER TOWNSHIP OF CLARKE
YOUR FILE: C.01.01.01
Further to your memorandum dated March 20, 2000, it is staffs understanding that the application
proposes to close that portion of the road allowance shown as part 1 on the attached survey plan
and meld it with the property to the south. In consideration of your request, the following is
offered for your information and records.
The property in question is designated "Green Space" on the Land Use Schedules within the
Municipality's Official Plan. Furthermore, the Natural Features and land Characteristics Map
indicates the lands are surrounded by a Tableland Woodlot. Provisions within the Plan recognize
that notwithstanding the permitted uses in any land use designation, where a legally conveyable lot
existed prior to the approval of the plan, policy would permit one single family detached dwelling
per lot provided:
. drilled wells and private sewage disposal systems can be provided in accordance with
the requirements of the Region of Durham;
. development does not adversely impact natural features;
. it is not located on lands designated Environmental Protection; and
. it conforms to all provisions of the zoning by-law in effect at the time of a building
permit application.
Within the Municipality's Comprehensive Zoning By-law the lands are located with the (A-I)
Agricultural Exception Zone. Included within the list of permitted uses is a detached dwelling.
The siting of any dwelling is subject to the setback requirement ofthis zone.
In light of the above, staff would have no objections or further comments on the application as
filed.
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ATTACHMENT NO.: 5
REPORT NO.: WD-38-00