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Home My WebLink About93-66 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93- 66 Being a by-law to authorize the execution of an agreement between The Corporation of the Town of Newcastle and Jane Elizabeth Saunders for the purchase of certain lands required for erosion protection on Lakeshore Road in the Town of Newcastle. WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, Section 191 (1), states that: liThe Council of every corporation may pass by-laws for acquiring or expropriating any land required for the purposes of the Corporation ..."; and WHEREAS The Corporation of the Town of Newcastle requires certain land for erosion protection on Lakeshore Road. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute on behalf of The Corporation of the Town of Newcastle, and seal with the Corporate Seal, an Offer to Sell from Jane Elizabeth Saunders, attached hereto as Schedule "A" and forming part of this By- law, that portion of Part Lot 26, Concession Broken Front, in the former Village of Newcastle. BY-LAW read a first and second time this 10th day of May, 1993. BY-LAW read a third time and finally passed this 10th day of May, 1993. ~~'<l CLERK e e ~E(clEnYlE!I)) APR 16 1993 Michael A. Markoff Barrister &: Solicitor TRANSMITTED VIA FACSIMILE NO. (416) 372-3621 'fCOnEN SIMS HUBfCKI ASSOOATES 4;GJ80URG i!I ONTARIO April 8th, 1993 File No. 930045 Totten Sims Hubicki Associates lA King Street East P.O. Box 398 Cobourg, Ontario K9A 4Ll Attention: Mr. D.R. Bourne Projects Manager Dear Sirs: Re: Town of Newcastle, Lakeshore Road, Bond Head, Lot 26, B.F. Concession, Clarke Lake Ontario Shore Erosion Protection/Saunders Grant of Permanent Easement Further to our meeting at your offices on March 30th, 1993 (Bourne/Patterson/Lang/Markoff), this will confrrm that my client is prepared to agree to convey to the Town of Newcastle, a perpetual easement over that part of her lands designated as Part 4 and Part 5 on a draft Plan of Survey of Part of unsubdivided Lot 26, prepared by Messrs. Brown & Coggan Ltd., Ontario Land Surveyors, File Reference No. 192105-R, for the purposes of the construction and maintenance of shore erosion protection measures and all purposes ancillary thereto, subject to the following terms and conditions: 1. The Town of Newcastle shall pay to my client the sum of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS on or before the date which is the earlier of: (a) the date upon which the easement is granted and registered in the appropriate Land Registry Office; or, (b) the date upon which the work is commenced. 2. The Town of Newcastle will agree to install and maintain farm (post and wire) 9-page fencing along the south side of Lakeshore Road, running the entire length of the easement to be granted and to extend up to an extra one hundred (100') feet easterly onto the remaining lands of my client, subject to the reasonable agreement of each of the Town of Newcastle and my client. My client agrees that to the extent practicable to MadIson Centre . SuIte 1800 . 4950 Yonge Street. North York. Ontario. Canada . M2N 6Kl Tel (416) 224-0200 (ext 380) . Fax (416) 224-0758 e e Michael A. Markoff - 2 - permit the snow clearing of Lakeshore Road, the aforementioned fence may be situated on her property, the actual alignment of such fence to be reasonably acceptable to both parties. 3. The Town of Newcastle will agree to install, maintain, and replace as necessary, in perpetuity, a combination of "No Dumping" and "Private Property - No Trespassing" signs, up to a maximum of five (5) of each such signs along the aforementioned fence. 4. In consideration of the fact that the proposed works may impair my client's ability to conduct future shore erosion protection construction along the remainder of her shore line to the east, the Town of Newcastle will agree to the following: (a) The Town of Newcastle will grant to my client and her successors in title, a perpetual easement over the small Town of Newcastle park to the west of Arthur Street on the Lakeshore Road extension, for the purpose of allowing any necessary machinery for the proposed shore erosion protection construction access to the lake. (b) To the extent that any machinery utilized by my client in the process of constructing her erosion protection measures damages the pavement or roadway on Lakeshore Road, gross negligence excepted, the Town of Newcastle shall agree to repair such damage at its expense. (c) The Town of Newcastle hereby agrees to expend a maximum of FIVE THOUSAND ($5,000.00) DOLLARS toward the cost of engineering work associated with any future application by my client or her successors in title to the appropriate Provincial agencies, seeking approval to undertake erosion protection. The limits of the future erosion protection (by the property owner) would commence at the east end of the perpetual easement properties, easterly to the east limit of her holdings. The technical assistance shall be provided by the Town of Newcastle or their agents, at the initiation of the respective owner and be completed no later than April 30th, 1998. The Town of Newcastle further agrees to offer its best efforts and assistance to the property owner, as required, to seek the approval from the appropriate agencies as required, to permit erosion protection works to advance. 5. The Town of Newcastle shall agree to pay all surveying and legal expenses in connection with this transaction. e e Michael A. Markoff - 3 In the event that you find the above terms and conditions to be satisfactory, kindly communicate such to me and I shall proceed to prepare formal documentation. MAM:gfr c.c. by fax to: Don Patterson Town of Newcastle (416) 263-4433 c.c. by fax to: Dan Lang (416) 885-0556 c.c. to: John and Jane Saunders ;1 I '--' , VV(j' , ,-... .-... ~ cOP"I Mr. Michael Markoff Barrister & Solicitor Madison Centre, Suite 1800 4950 Y onge Street NORTH YORK, Ontario M2N 6Kl FAX (416) 224-0758 March 31, 1993 (Revised April 6. 1993) Dear Sir: Re: Town of Newcastle, Lakeshore Road, Bondhead, Lot 26, B.F. Concession, Clarke Lake Ontario Shore Erosion Protection Thank you for attending the meeting at our Whitby office on March 30, 1993 for the purpose of resolving details related to the acquisition of a perpetual easement by the Town of Newcastle from the holdings of your client Mrs. Jane Sanders. The meeting was also attended by Messrs. Dan Lang, Don Patterson and the undersigned, Resultant to your request pertinent to schedules, we provide details for your information as follows: . (Draft) Plan of Survey prepared by Brown & Coggan Ltd. Ontario Land Surveyor, referenced as their file no, 192105-R, Part 4 - 0.569 ac., Part 5 - 0,208 ac. . Engineering drawing nos. 1 and 2, dated January 1992 prepared by Totten Sims Hubicki Associates. (Design details are subject to the approval of the Ministry of Transportation Ontario, Ministry of Natural Resources and the Ganaraska Region Conservation Authority.) . Typical cross-section stations 0+ 170 and 0+ 330 detailing preliminary design concepts (subject to the approval from the Ministry of Transportation Ontario, Ministry of Natural Resources and the Ganaraska Region Conservation Authority). . Suggested wording for insertion in the (draft) agreement is provided as follows: Town of Newcastle hereby agrees to expend a maximum of $5,000.00 toward the cost of engineering work associated with a future application by the respective property owner to the appropriate Provincial agencies seeking approval to undertake erosion protection. The limits of the future erosion protection (by the respective property owner) would commence at the east end of the perpetual easement properties, easterly to the east limit of his holdings. The technical assistance shall be provided by the Town of Newcastle or their agents at the initiation of the respective owner and be completed not later than April 30, 1998. '\ Mr. Michael Markoff March 31, 1993 (Revised June 6, 1993) 2 The Town of Newcastle further agrees to offer their best efforts and assistance to the property owner as required to seek the approval from the appropriate agencies as required to permit erosion protection works to advance. All commitments made by the Town Staff and their Advisor are subject to the approval of the Council of the Town of Newcastle. We trust the foregoing is satisfactory to your requirements at the time. It was agreed you would immediately prepare documentation confirming our discussions and agreement thereof and forward to the Town of Newcastle and to the undersigned. On behalf of the Town of Newcastle we wish to convey our appreciation to you for your assistance and cooperation in association with this subject matter. Yours very truly, totten sims hubicki associates D,R, Bourne Projects Manager DRB/mfc 5230E/2125/C pc: Mr. W.A. Evans, P.Eng, Mr. Don Patterson totten sims hubicki associates jLlJ'~'J '~ : 1 ~ r-- SCHEDULE "A" ~r COPy Mr. Michael Markoff Barrister & Solicitor Madison Centre, Suite 1800 4950 Y onge Street NORTH YORK, Ontario M2N 6Kl FAX NO. 416-224-0758 April 14, 1993 Dear Sir: Re: Town of Newcastle, Lakeshore Road, Bondhead, Lot 26, B.F. Concession Clarke, Lake Ontario Shore Protection/Saunders Grant of Permanent Easement We acknowledge receipt of your correspondence dated April 8, and confirm our acceptance of the terms as outlined. Our concurrence is conditional on the approval of the Council of Town of Newcastle. The Department of Public Works, Me. W.A, Evans shall present his report to Council on May 10, 1993. Please be advised that the Municipal Solicitor, Me. Dennis Hefferon (Shibley, Righton, Toronto), shall prepare all the necessary documentation associated with the property easement conveyance and will forward to you for review and approval. Yours very truly, totten sims hubicki associates D.R. Bourne Projects Manager DRB/ag 5261E12125/10128IC pc: Mr. W.A. Evans, P,Eng., Director of Public Works (Fax No. 416-623-4169) Mr. D. Patterson, Manager of Operations x ~~