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HomeMy WebLinkAboutWD-1-94 ~`~ ; f" THS IpN flF 'TES E~ZGIPALITY ftI+' C.I,AkRI' REPORT -. MeeEktg: f38NSRAL 'FitxtPQ3E AND ADMINZS`PRA'PI©N Gt~thtZTTSS FHe # b. . a.> 1 ~ "'DBte: ~~~4'- JANUARY 3, 1944 Rgs.# Report #: yan..,146 Fite #: :Subject; Tfl >A BY-LAii eI-42 - BHCRQACSiT <_. F. ~ lIF~RRI$ ERPiL CHAPSL LIlIITBD HIi/3SItN~ , HDRVII.I.E Recommendattonsc 2t is respectfully. recommended ..that. the General Putcpti~e and Administration Ccmati4ittee reco~enel to Council the follceiings I. THAT Report WD-1-94 be approved:; 2. THAT-Counci3 approve the Proposed amending By-law;att~eebed to report WD-1-94 (Attachment No 4j; 3. THAT,>the Town's salictor.be instructed to take $11 ac$ione- necessary to regiBter the proposed amending By-1aN; and 4. THAT Rabertsoa, Yerrett, Barristers and Solicitors, be adwis~ of Council's decision and provided with a copy of the prapased• amending By-law. R lA ATT Na. 1; Key Map No. Zi Correspondence from Iowa of Newcastle 'to J. I4ingsley Van Neat dated April 23, ig81 No. 3: Correspondence from Robertson, Parrett dated October l2, Ig'93 No. 4: 8~-law ~I permitting the tt3..nuatian" of an encroachment .. . Na. 5; Proposed amending Hy-law. -~~: . _~ .. ~~~~ j~ . ~.~ ~. ~ REPORT NO.: WD-1-94 PAGE 2 2.0 BACKGROUND 2.1 Council, at its meeting of April 21, 1981, passed the following resolution: "That, subject to the adoption of the Policy for Encroachment by Council, the request for the encroachment, Parts 10 and 11, Plan lOR- 1272 (Division St. Bowmanville) be granted in accordance with Items 4(ii) (a) and (d) in the Policy." The Policy for Encroachments was adopted by Council on April 21, 19.81. 2.2 By-law 81-62 (Attachment No. 4) was passed by .Council on May 19, 1981, permitting the continuation of an encroachment onto Town-owned lands by F. F. Morrie Funeral Chapel Limited, Division Street, Bowmanville, Ontario. 3.0 REVIEW AND COMMENT 3.1 Correspondence dated November 18, 1993, received from Robertson, Perrett, Barristers and Solicitors (Attachment No. 3) pointed out that the description of the encroachment appended to By-law 81-62 as Schedule 'A' included a parcel of land described as Part 12 on Registered Plan lOR-1272, which parcel of land has been acquired by their clients. 3.2 Part 12 is a parcel of vacant land across the street from where the buildings of the F. F. Morris Funeral Chapel Limited are located and the permission to encroach granted by the By- law is of no significance with respect to this property. 3.3 The resolution of Council passed on April 21, 1981, permitted. the encroachment of Parts 10 and 11. However, when Schedule 'A' to By-law 81-62 was. prepared, it appears that all the 1002 REPORT NO.: WD-1-94 pAgg 3 lands owned by F. F. Morris Funeral Chapel Limited were described in Schedule 'A' to By-law 81-62; consequently, the description includes Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. Only Parts 10 and 11 actually encroach onto municipal road allowance. 3.5 The fact that By-law 81-62 is registered on title to Part 12 creates a problem for the owners and the solicitor has requested that the Municipality amend By-law 81-62 thereby deleting reference to Part 12. 3.6 Since Schedule 'A' also includes reference to Parts other than Parts 10 and 11, it is further recommended that Schedule 'A' be amended, by deleting reference to Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 12 on Plan lOR-1272 in the description of the lands, i.e., Schedule 'A' would refer only to Parts 10 and 11 as approved encroachments. 4.0 RECOMMENDATIONS 4.1 It is recommended that the proposed amending By-law be passed to amend By-law 81-62, deleting Parts 1, 2, 3, 4, 5, fi, 7, 8, 9 and 12 from the legal description of the encroachment, since these parts are not encroachments onto Town-owned property and that the proposed Schedule 'A' refer only to Parts 10 and 11 as approved encroachments. Respectfully submitted, Walter A. Evans, P.Eng., Director of Public Works JCO*ph November 30, 1993 Attachments Recommended for presentation to the Committee, . (~/(.C/~-- Marie Marano, H.B.Sc., AMCT Acting Chief Administrative Officer -- 1003 R$PORT NO.: WD-1-94 PAGB 4 pc: Robertson,. Perrett Suite 2408 180 Dundas Street West Toronto, Ontario M5G 128 1004 Parts thru 9 of pla 1 DR- 1272 PART 10 OF 'S� 10R-1272 F.F.Morris O\� �4 Funeral Chapel p /jr /p,P o/ ENcaoAcEnerrs � PART II OF 10R-1272 .S'frP Ef a � GOON ION r^�, c:\A-FACHS DARL\1oR,272 vill �� oo DRAWN BY: JM ,DATE: 11'0V. t 993 ATTACHMENT N0, 1 KE WD-1-94 April 23, 1981 Mr. J. Kingsley VanNest VanNest & Associates Barris tars and Solicito 118 King Street East P.0. Box 145 Bowmanville, Ontario L1C 3K9 Dear Sir:- ~~~r ~ Re° Encroachment - F. F. Morrie Funeral Chapel _ Your request for an encroachment of the abovemmentioned property :as the subject of a report to the Public Works Committee on April 14, 1981. The following recommenla[ddn in the report was adopted by Council on April 21, 1981: "That, aub~ect to the adoption of the Policy for Encroachment by Council, the request for the enncraachment, Parts 10 and 11, Plan lOR--1272 (Division St. Bowmanville) be granted in accordance with Items 4 (11) (a) and (d) in the Policy". The Policy for Encroachments, a copy of which is attached for your information, was adopted by Council also on April 21. Yours very truly, -'~~ Gertrudc E. Gray Deputy Clerk/Committee Secretary 88 attach. c. c. Mr. J. Dunham, Director of Public Works. - 1~~6 ~,,. ATTACHMENT N0. 2 WD-1-94 ROBERTSON, PERRETT BARRISTERS & SOLICITORS DAVID D. HAGUE PAULA. ADAMS. Q.C. SUITE 2408 180 DUNDAS STREET WES7 TORONTO. ONTARIO MSG IZS COUNSEL TELEPHONE (416) 598-4819 JOHN E. PEItRITr. Q.C. PACSIMJLE (416) 598-0974 File Numfier: 93052 October 12, 1993 The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sirs: Re: 7 & 9 Division Street, Bowmanville In Mxy of 1981 the Town Of Newcastle enacted a By-Law (81-62) whereby permission was granted to F.F. Morris Funeral Chapel Limited to maintain an enenrlchment upon the public highway namely Division Street, Bowmanville. Appended to the By-Law as Schedule A was a description of the lands affected by the By-Law. Included in this description was a parcel of land described as Part 12 on Reference Plan lOR-1272 deposited in the Land Registry Office. This Part (12) was suhsequendy acquired by our clients Pietro Mariam, Antonia Ma~'r<mi, Maria Michielli, Francesca Michielli, and Tetxlora Curalli and is a parcel of vacant land across the street from where the buildings of the F.F. Morris Funeral Chapel Limited are lusted and the permission to enuoach granted by the By-Law is of no significance with respect to this property. Our clients have now sold their property un Division Street including Part 12 and the solicitors for the purchasers required that our clients take steps to remove the By-Law in so far as it affects Part 12 as it constituted a cloud on the title. We presume that this might he done either by rescinding the By-Law to the extent that it aH~ects Part l2 as the By-Law itself states that it may be rescinded or by amending the Dy-Law to delete ParC 12 from the description. Since we undertook un closing to apply to have the By-Law amended or released as rG Part ] 2 we would appreciate your advice concerning the necessary and proper procedure in that regard. Yours truly, ROBERTSON, PERRETT ~___, ~t ~ ~ ti Per: i. rDavid D. Hague DDHIps. ATTACHMENT N0. 3 WO-1-94 - li3FJ7 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 81-62 being aby-law to permit the continuation of an encroachment onto Town owned lands, by F. F. Morris Funeral Chapel Limited, Division Street, Bowmanville, Ontario, pursuant to the provisions of Section 354 (1), Paragraph 93 of the Municipal Act R.S.O. 1970 and the Town of Newcastle By-Law 81-50. The Corporation of the Town of Newcastle hereby enacts as follows: That permission is granted to F. F. Morris Funeral Chapel Limited, Division Street, Bowmanville, Ontario, their heirs, successors and. assigns, the right to maintain and use such portion of the erection as constitutes an encroachment upon a public highway for so long as the encroachment in question is not required for municipal purposes; That the by-law may be rescinded at any time and the permission granted by the encroachment by-law shall be terminated six months after the rescinding by-law shall have been enacted; The lands affected by by-law 81-62 are described in Schedule "A" attached to by-law 81-62. By-Law read a first time and second time this Nineteenth day of May 1981. By-Law read a third and final time this Nineteenth day of May 1981. ' ~~ -~ Garnet B. Rickard, ~~ ~ ~- ~'~i-~-t'~ Mayor ~, David W. Oakes ,~~ ~c(~ ~~ ~ ~~i Clerk ATTACHMENT N0. 4 WD-1-94 6 ~ ~~ Q File Pe._ 6 t z Corporation of the Town of Newcastle By-Law 81-62 S C H E D U L E "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, Province or Ontario, (formerly in the Town of Bowmanville, in the County of Durham), and being composed of all of Lots 106 and 107, part of Lot 15, all in Block T, Parts of Lots 108 and 109, Block U, Part of Division Street, according to John Grant's Plan of the former Town of Bowmanville, said lands being more particularly designated as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 on Plan lOR-1272, which Plan was deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) on the 7th day of April, 1981. SUBJECT TO A RIGHT-OF-WAY FOR ALL PERSONS ENTITLED THERETO over and upon Parts 2, 3, 4 and 8 as shown on said Plan lOR-1272. - j i!}Q! THE CORPORATION OF THE MONICIPALITY OF CLARINGTON HY-LAw ~ 4 _ Being a By-law to amend Schedule 'A' to By-law 81-62, being a by-law to permit the continuation of an encroachment onto Town-owned lands, by F. F. Morris Funeral Chapel Limited, Division Street, Bowmanville, Ontario, pursuant to the provisions of Section 354 (1), Paragraph 93 of the Municipal Act R.S.O. 1970 and the Town of Newcastle By-law 81-50. WHEREAS the Council of The Corporation of the Municipality of Clarington deems it desirable to amend By-law 81-62; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. TBAT Schedule "A" of By-law 81-62 is amended by deleting reference to Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 12 on Plan lOR-1272, which Plan was deposited in the Land Registry Office for the Registry Division of Newcastle (NO. 10) on the 7th day of April, 1981. 2. THAT this by-law shall come into force on the 10th day of January, 1994. HY-LAW read a first and second time this 10th day of January, 1994. BY-LAW read a third time and finally passed this 10th day of January, 1994. MAYOR CLERK ATTACHMENT N0. 5 WD-1-94 - 1010 SCHEDULE 'A' ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, Province of Ontario, (formerly in the Town of Bowmanville, in the County of Durham, and being composed of all of Lots 106 and 107, part of Lot 15, all in Hlock T, Parts of Lots 108 and 109, Block U, Part of Division Street, according to John Grant's Plan of the former Town of Bowmanville, said lands being more particularly designated as Parts 10 and 11 on Plan lOR-1272, which Plan was deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) on the 7th day of April, 1981. - lUli