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Home My WebLink About81-18 ~ .- .......-. -.) THE CORPORATION OF THE TOWN OF NEWCASTLE 1 By-law 81-18 . being a by-law to allow an encroachment onto Church Street in the Geographic Town of Bowmanville in the County of Durham now in the Town of Newcastle, Regional Municipality of Durham WHEREAS Leland Jack Millson is the owner of the lands and premises being composed of part of Town Lot 6, Block 1, on the North side of Church Street, according to C.G. Hanning's Plan of the Town of Bowmanville, formerly part of lot 11 in the 1st Concession of the 2G~ographic township~of Darlington, and being more particularly designated as all of fart 3, Plan 10R-4l7, and as shown on a ~Plan of Survey (10R-4l7) which is attached hereto as Schedule "A~', now being in the Town of Newcastle, Regional Municipality of Durham, AND WHEREAS the said R-Plan of Survey has disclosed that the building thereon has inadvertently been erected on the road allowance known as Church Street, Bowmanville, NOW THEREFORE The Council of the Corporation of the Town of Newcastle pursuant to the Municipal Act, R.S.O. 1970, Chapter 284, Section 354 (1) paragraph 93 HEREBY ENACTS AS FOLLOWS: 1. That the said Leland Jack Millson or the owner or occupant from time to time of the building on part of town lot 6, Block 1, on the North side of Church Street, according to C.G. Hanning's Plan of the Town of Bowmanville, formerly part of Lot 11 in the 1st Concession of the Geographic township of Darlington, and being more particularly designated as all of Part 3, Plan 10R-4l7, now being in the Town of Newcastle, in the Regional Municipality of Durham, and as shown on the R-Plan of Survey attached hereto as Schedule "A", be allowed to maintain and use the encroachment of his building erected on Church Street as shown on said R-Plan of Survey attached as Schedule "A" until such time as the said building is demolished or for any reason whatso- ever ceases to be situated as shown on Schedule "A" attached hereto. 2. That the said Leland Jack Millson or the owner or occupant from time to time of the property as described in paragraph 1 have the right from time to time to make all necessary repairs and renewals to the building but that the licence shall cease to exist on the happening of the following occurences: (a) The total destruction of the building shown in Schedule "A" (b) Partial destruction so as to render the building, set out above, uninhabitable. . 3. The owner of the said residence property, from time to time, pay to the Town of Newcastle an annual fee of $1.00 in advance for the right to maintain the use the said encroachment. I l,~ By-Law read a first and second time this 26th day of January, 1981. By-Law read a third and final time this 26th day of January, 1981. Ga:;~rB. RiCkard.~~ o Jose h M. McIlro Clerk I File NO....m.m.._.._._.........._......_.._..... I _.J /. ~~~~ 2~, ~~yii~:=~"~:lfii~(~~=C~~;~:~~:::~,:C SIDE OFCHURCH STREET, ACCORDING m (- - C. G. HANNING'S PLAN (PART OF TOWNSHIP LOT II, CONCESSION I) ~',~L:<:,'S'~~"~; TOWN OF NEWCASTLE -~- =1 REGIONAL MUNICIPALITY a: DURHAM L:,~.t::': (Formerly Town of BO\oVmanville,County of Durham) SCALE, I Inch = 30 feet M 0, BROWN Q,LS, 1974 -} + ~ Denotes I'squae Iron Sa 48 "'019 Denotes 5/8" square Iron Bar 24'/0119, Denotes 3/4"round Iron Bar 24"/cn;J PI. Denotes pbnted, I'd Denotes to..nd, MERRILL D. BROWN LIMITED LAND SURVEYING AND ENGINEERING 121 QUEEN STREET BOWMANVLLE ,ONTARIO. Dote SeptemBer 12, 1974, Scale 1 Inch = 30 feet Drown by: File: J.O.L, -,-,__,,_ ,_--L__ 7'if 2- <...... .- .....(~.......);....... , - V> r:: -... " (~__) E v: /'f) 10 /'f) '" ") {;) ,,-' <0 ,.Q ~'9)-- "t.e $ "'0 r ff) \f~ ~ g ~~~ /()"- ~/() o f:::' j ~- Ji \ 01 r'" \-- <' \ '\ ~ (-\-) . ~~~ \,J r\, I (J\! ~ "'oJ , r--~ ~ Q:)"l en 2; <() l() -"2 ~ ~ I/) ll'l " ~ ~ E a. 0' " ~ "I ~- _s ~ ~ 0 ~ 2 .0 So I I' '-,' \~ , 'I '" '" " J ,...-, ~ ~"''''S''''''' .,,-, ". ~ SJ,.', '-~"J (Ol'.q~ It'-~ ~ I. ................. '" ", I I' r-,' \ \ , ,I , I '-J "D- A, /. ,9'(,> . V'>9' 9',> ":-..... i:1s) ~,6',>, ~ "ib " s" (1(' , 1:;'1 1 " I ?~, "S';>, ", /(',),... '<'" ' '<,' ". BEARING REFERENCE" The NI7026'3o"W(ostronormc) ci the Westerly Irmltof Uberty Street as shown OIl 0 plan of survey ottached to Inst, NQ 67703, governs all bearings shown hereon, SCHEDULE PART LOT BLOCK PLAN nP.LDT CCWCESSION A 2 - .J 6 CGH II S'7-~)rt:.,.. " , llC.i_ , 8~T:"~I;V I~/\,,,," " r. -\ --- ... .;0 I,.... 1 Fd~ ~.JJ I (1106) ~ Q- " I'.... (t) I Fe! (lJ (110f)) ~ 2 5061' j ;~~41 (8 kR ~ ~::~. ',1 " " . -","-., ' Pl." .. 0; ;!. .J ~, <D '" 2 .,. z ~ ~"2 .o~ O'lo -t: z I / / ! ~ ~ " - ::',... r-~ \ ...... 1 1'.... P:: '-..1 ' Q~ ....~ .... I....J S TOR'r :. I [)'w'f. LLING . " '',/..,;" RECEIVED AND OE:POS'~fD AS A...AN 10 R 417 o () C/o flE II /..I 1/97ll- - ----- -'--50le--- ,~-' --- LAN~~SrRY~ DIVI~E:URHAM WESTiN'? 10) I REOUIRE THIS PLAN TO BE OEmSITEO LINDER PARTll Cf" TliE REGISTRY ACT OCTOBER 2 1974 -,-____,__ n_ ~_,_______ Dote ~/)I/:8;c~_ L SIQnoture M. D. BROWN NO~-- __n ----;n --- -- p~;nt- Fd (1/06) NOTE: ALL HANGING LINES SHOWN ON THIS PlAN HAVE BEEN VERIFIED. CAUTION: THIS PLAN IS NOTA PLAN OF SUBDIVISION 'WITHIN THE MEANING OF SECTIONS 29,32 OR 33 OF THE A-ANNING ACT. SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THAT: f, ThIs survey and pIon ore correct and In accordance wrth tf1e Survey's Act and fie ReQrstry Act and tf1e reQulotlons mode thereunder 2 The survey was completed <ri fhe 22nd, ctlyof July, 1974 lQ,ft.) 53 32 SEPTEMBER 12, 1974 6 sr{5 I d 3 v' 7 (5~- . M D fRJNN Ontono Land Surveyor . Sims Morton McInerney & Brady DJ, D, SIMS, Q,C. RP, MORTON M,C. MciNERNEY j,F, BRADY W,M, BURCH BARRISTERS & SOLICITORS .' January 30, 1981 Mr. Joseph McIlroy, A.M.C.T., Town Clerk, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. Dear Mr. McIlroy: Re: Millson sale to McLean By-Law 81-18 . Council has asked for my opinion with respect to the above noted By-law. I have reviewed the By-law and the survey prepared by Mr. Merrill D. Brown dated July 23, 1974 which reflects the encroach- ment of .86 feet and .17 feet of the Mi11son home on Church Street. I am also advised by Mr. Dunham, Director of Public Works, that there is no impediment to current operations nor is there any contemplated development on Church Street which would be affected by this encroachment. I had previously expressed my views on the Town's encroachment policy but in view of the minimal nature of the encroachment and the expressed will of Council, I cannot see that the proposed By-law is illegal and I therefore approve the By-law in its present form. . D. Sims, Q. C. DJDS:mrs p. c. Mr. J. Dunham Mr. D. Barber . . pI 5/--1/ ~'" L-v;:;r;:;~ I~ 1 t> {L/ /'h/~ I ~I ~~~/ .{;' 117 KING STREET, WHITBY, ONTARIO LlN 4Z1 BOX: 358 TELEPHONE: 668-7704 TOWN OF NEWCASTLE . Public Works Commi ttee . . Roll Call Hinutes D.Barber Encroachment January 20, 1981 Minutes of a meeting of the Public Works n Committee held on Tuesday, January 20, 1981 in the Bell Building Committee Room Present were: Councillor R. Bruce Taylor, Chairman Councillor Maurice Prout, Member Councillor E. R. Woodyard, Member Mayor G. B. Rickard, Member 9:30 - 11:30 a.m. 2:20 - 3:25 p,m. Deputy Clerk, G. Gray, Secretary Also Present: Councillor Diane Hamre Director of Public Works, J. Dunham Councillor Ann Cm~an, Member, on Municipal Business. Absent: Resolution #W-I-8l Moved by Con. Prout, seconded by Mayor Rickard THAT the minutes of the meeting held on December 5, 1980 be adopted as read. "CARRIED" Mr. Douglas Barber, Solicitor and }tr. L. Millson spoke to the Committee relative to an encroachment on Church Street in Bowmanville. Resolution IM-2-8l Noved by Mayor Rickard, seconded by Con. Prout THAT Report WD-15-8l be entertained at this time. "CARRIED" Resolution #W3-8l Moved by Mayor Rickard, seconded by Con. Prout THAT the recommendation in Report WD-15-8l be endorsed and the encroachment, as defined in Part 3 of Plan 10R-417 (dated October 4, 1974) be granted in accordance with Town Policy. "LOST" . Public Works Committee January 20, 1981 Policy for Encroachments . J. Mangan Q.C. Road Allowance Lots 30 & 31 Cone. 9 Darlington . - 2 - Resolution #W-4-8l Moved by Mayor Rickard, seconded by Con. Prout THAT notwithstanding Town Policy for Encroachments, adopted by Council on October 6, 1980, and in view of circumstances related to this situation as being minimal, a by-law be prepared to permit the encroachment of the building on street allowance for the life of the building, subject to the approval of the Town Solicitor, and Report WD-15-8l be received for information~ "CARRIED" Resolution #W-5-8l Moved by Mayor Rickard, seconded by Con. Woodyard THAT the matter of an Encroachment Policy be on the next Works Committee agenda with a letter of clarification from the solicitor. "CARRIED" Mr. J. Mangan, Q.C., addressed the Committee relative to Report WD-12-81, part of lots 30 and 31, Concession 9, and part of the Road Allowance hetween lots 30 and 31, Concession 9, former Township of Darlington. Resolution #W-6-8l Moved by Con. Prout, seconded by Con. Woodyard THAT Report t{D-12-8l be entertained at this time. "CARRIED" Resolution #W-7-8l Moved by Con, Prout, seconded by Con. Woodyard THAT the recommendation in Report WD-12-8l be endorsed and; 1) Upon the acquisition of By-law 198, dated March 3, 1866, the same be registered and the necessary Deed be prepared