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HomeMy WebLinkAbout74-71 .. THE CORPORATION OF THE TOWN OF NEWCASTLE e BY-LAW NO. ,t/-. .." BEING A BY-LAW TO ACQUIRE AND EXPROPRIATE AN EASEMENT OVER AND IN CERTAIN LANDS FOR THE PURPOSE OF ESTABLISHING AND MAINTAIN- ING A STORM SEWER. WHEREAS it has become necessary to acquire an easement over and in certain lands situate in original Township Lot 12 in the 1st Concession of the former Town of Bowmanville, now in the Town of Newcastle, more particularly described in Schedule "A" attached hereto and shown on Plan Illustrating Description attached hereto as Schedule "B" for th e purpose of establishing and maintaining a storm sewer to car;ry storm e and surface water from lands under development in original Township Lots 13 and 14 in the 1st Concession to the Bowmanville Creek. NOW THEREFORE pursuant to the Municipal Act R.S.O. 1970 Chapter 284 Section 338, and The Expropriations Act, R.S.O. 1970 Chapter 154, the Council of the Corporation of the Town of Newcastle (hereinafter referred to as "the Town") HEREBY ENACTS as follows: 1. The Town hereby expropriates an easement in perpetuity for the purpose of constructing and maintaining a storm sewer over and in that part of original TOW.BShip Lot 12 in the 1st Concession of the former Town of Bowmanville, now in the Town of Newcastle, more particularly described as Schedule "A" attached hereto and shown outlined in red on a Plan e Illustrating Description made by Donevan & Fleischmann Co. Ltd. dated April 10th, 1973 and attached hereto as Schedule "B". ) I ? e e . . , 2 2. The easement hereby expropriated shall be for the purpose of carrying storm and surface water from lands under development to the west thereof in original Township Lots 13 and 14 in the 1st Concession across thelandsexpro- priated to the Bowmanville Creek either by means of storm sewer pipes or through or over an open ditch or spillway. 3. The said easement hereby expropriated shall include the right to the Town its engineers, surveyors, workmen, servants, agents, employees, contractors and assignees, or the employees,workmen, agents and servants of its contractors or assignees, to enter upon the said lands and to break up, dig, lay pipes and make connections in, construct such headwalls, . gabions and other structures as may be necessary in, fill in, and use and occupy so much of the said lands as may be necessary for the purposes aforesaid during the time of the carrying out and completion of the said work and from time to time and at all times thereafter whenever it may be necessary for inspection, repair and maintenance of the said sewer. 4. The Owners or occupants of the said lands hereby expropriated shall not be entitled to erect any buildings or do other work over the said lands so as to injure or endanger the said sewer or impede or in anyway block or hinder the flow of water in the open ditch or spillway, nor shall the Owners or occupants of lands adjoining the lands hereby exprop.riated be permitted to use the storm sewer without the consent of the Council of the Town. 3 e 5. It is hereby declared that the Town shall acquire no interest or estate in the said lands except as setout in this by-law. 6. The Town hereby authorizes and directs the Mayor and Clerk to do all things and sign all documents necessary in connection with its application for approval to expropriate and the giving of notices in connection therewith making arrangements for representation on behalf of the Town at hearings, and filing an expropriation plan, settling compensation and generally performing other matters required to complete this expropriation pursuant to The Expropriations Act. e 7. Notwithstanding the foregoing, the Mayor and the Clerk are hereby authorized and directed to negotiate with the owners and mortgagees and any other persons concerned tosett,lethe compensation to be. given for the said lands, provided that the amount and nature of such compensation shall be confirmed by reso'lution of Council unless it is settled in accordance with the procedures contained in The Expropriations Act. finally passed this READ a first and second and third time and ~V day of ~~ , ,1974. THE CORPORATION OF THE TOWN OF NEWCASTLE . ~h;:,','/'", /? / ..-:: - //---- ---=-- "- -.;.;,~--'"' , /' L/;(;~ -----~-' --------~------,- . e e -'. ~.. S C H E D U L E II A II ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, in the Regional MunicJ.pality of Durham, formerly in the Town of Bowmanville, in the County of Durham, in the Province of Ontario, and being composed of part of original Township Lot 12, Concession 1, in the said former Town of Bowmanville, more particularly described as follows: PREMISING that the West limit of said Lot 12 has a bearing of North 17 degrees 59 minutes west and relating all bearings used herein thereto; To Find the Point of Conunencement begln at the south-west angle of said Lot 12, Concession 1; . THENCE North 17 degrees 59 minutes west in and along the said west limit of said Lot l2a distance of 1193.09 feet to the Point of Conunencement; THENCE North 17 degrees 59 minutes westin and along the west limit of said Lot 12 a distance of 50 feet to a pOJ.nt; THENCE North 72 degrees 01 minutes east a distance of 29.77 feet to a point; THENCE North 65 degrees 47 minutes east a distance of 274.23 feet to a point; THENCE South 24 degrees 13 minutes east a distance of 50 feet to a point; THENCE South 65 degrees 47 minutes west a distance of 276.95 feet to a point; . THENCE South 72 degrees 01 minutes west a distance of 34.49 feet to the west limit of said Lot 12 and the POI~T OF COMMENCEMENT. The above described parcel contains by admeasurement 0.35 acres. . ' , . . . . , . , .!' . ( , . . . DATED: September 12th, 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BY-LAW NO. BEING A BY-LAW TO ACQUIRE AND EXPROPRIATE AN EASEMENT OVER AND IN CERTAIN LANDS FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A STORM SEWER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE CORPORATION OF THE TOWN OF NEWCASTLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STRIKE, STRIKE & VAN NEST, Barristers & Solicitors, P.O. Box 7, Bowmanville, Ontaio, LIC 3K8.