Request for purchase of a portion of municipal road allowance South Shores Road residents - Lots 18-21, Plan 833, Eugenia (former Artemesia)

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1 To: From: Re: The Mayor and Members of Council Kathleen Crawford-Patterson, Municipal Planner Municipality of Grey Highlands Planning Report PL February 11, 2008 Request for purchase of a portion of municipal road allowance South Shores Road residents - Lots 18-21, Plan 833, Eugenia (former Artemesia) 1.0 Recommendation: That Council receives Planning Report PL and provides the following direction 2.0 Background: Attached is a letter dated November 23, 2007 from Nesbitt Coulter LLP requesting consideration of the sale of municipal property in order to provide residents of four lots on the south side of South Shores Road with lake access and docking privileges. This letter has been circulated to municipal staff for comment. The subject land is a portion of the unopened East Street road allowance, measuring approximately 190 ft from the south shore of Lake Eugenia, and located west of Lot 17 and east of Reserve NO.1 where the public dock and boat launch are located. The location of the subject land is shown on Attachments 2 and 3, and appears from a Grey County air photo to be a wooded area east of the public dock and boat launch area. Municipal staff has been unable to locate a survey showing the exact location of the municipal dock and boat launch area. t is important to ensure that any future development of a dock for the use of the owners of Lots would not infringe on the public facilities, including the municipal parking area. f Council wishes to consider the proposed land transfer, the applicants should provide a survey of the proposed area to be transferred and the public launch and parking facilities. t is suggested that the subject parcel would require a zoning by-law amendment to permit the proposed use. t should be noted that permission for lake access and docking would also be subject to the approval of the Grey Sauble Conservation Authority. 3.0 Comments: Although the disposition of unopened road allowances is unusual, this matter is being brought forward for Council's consideration. Should Council wish to entertain the proposed land transfer, a process to declare the lands surplus would be required. ~5ieian;J~~ Municipal Planner

2 Murray L. Coulter Murray R. Borndahl Ennio Micacchi Terry W. Thompson Richard J. T. Shaheen Sandra C. Carnegie Rebecca L. Pepper George A. Calder Q.C. (retired) James P. Carr ( ) November 23, 2007 Municipality of Grey Highlands P.O. Box 409 Markdale, Ontario NOC 1HO mcoulter nesbittlaw.com x247 Mun;cipciity of Grey Highlands NOV Attention: The Clerk Dear Sir/Madam: Re: Lots 18, 19, 20 and 21, South Shore Road, Eugenia Our File No. 50,797 We have been retained by the four owners of the above noted cottage lots, being the second row of properties off of the south side of Eugenia Lake, to explore the possibility of their acquisition of a small parcel of land along the Lake which we understand is still owned by the Township as part of a former closed road allowance. The land in which our clients are interested (and for which a proper Reference Plan would be required to illustrate the boundaries of same) is that part of the road allowance lying immediately west of Lot 17 on the south side of Eugenia Lake measuring approximately 190 feet in depth bounded on the east by the Easterly Limit of the Townplot of Eugenia and on the west side by the easterly boundary of Reserve No.1. Our clients wish to become the owners of such parcel in order to provide them lake access and docking privileges which they now lack which, through their control, will also provide a buffer between the current public boat launch area to the west and the private cottage owners to the east. Ownership of the parcel would probably be taken in the name of a new corporation which would be owned and controlled only by the four property owners and their successors in order to ensure access to the lake would remain available for our clients and the future owners of their four lots. Transfer of the land would also create a new lot of record for taxation purposes for the benefit of the municipality. Our clients, as part of a formal Offer to be submitted to the Township, would assume responsibility for preparation and deposit of the required Reference Plan and the legal costs of the municipality in completing the conveyance in the event Council is willing to explore the possibility of such conveyance further. We will look forward to hearing from you with respect to any questions which might arise about the proposed purchase and your thoughts as to any other terms and conditions which should be included in an Offer to meet the requirements of the municipality in the consideration of same. n addition, arrangements can be made for representatives of the proposed purchasers to meet with you 432 Simcoe St., P.O. Box 125, Woodstock, ON N4S 7W8 T F

3 rill! or Council to discuss any particulars or issues arising with respect to the possible purchase of these lands or the future control of them for the mutual benefit of our clients and the municipality. We thank you in advance for your attention to this matter. Yours very truly, NESBTT COULTER LLP Per: Murr MLC:kns C.C.: George Lane Cottage Owners: Lot 18 Lot 19 Lot 20 Lot 21 Mr. and Mrs. James D. Stephenson Unit 18, 500 Lakeview Drive Woodstock, Ontario N4T 1W4 Ms. Jane McLeod and Mr. Hans Hansen 92 Queen Street North Thorold, Ontario L2V 2R5 Mr. and Mrs. George S. Lane 290 Brompton Avenue Woodstock, Ontario N4S 7J5 Larry R. Holmes P.O. Box 220, R.R. #4 Flesherton,Ontaric NOC 1EO

4 ~... Attachment 2 Eugenia Approximate location of unopened East St. road allowance and proposed parcel...l.l

5 A.ttachroent :3 --1 CODRNTO-N-' ~ 1'~ T~'r-sTREET. ~.,....~.. ' ~ : : : ' t\)o. : ~ PAM'OF i 7-0~7-02 ~ L..' ' " _,_ L PELLSER -. - L----' ~ c\jgen\ A r-----: - S~ET.. < : -l.1 t:i 7 _~ OF -;11&1 1. RESERVE UJ l!=. No.3"!:: "--_~ tolu) -'" ~ Z. li; ~ 57-02' 1 - l...,...j. 1=:-..::::-...:.- SMPSON.~ -.J locationot :1-- - \-STR~. proposed ~ppt'o~\roa\e.,/ ~ "- ; ~ ~a{ce\ :E --- ~~;::::::::;:::::::::;~...,-...--,~ _ PART OF RESERVi ~ l. J ~ N~ ~ ()~S#~{J / ~. RAR t '. Ol