The URL can be used to link to this page

Home My WebLink AboutPD-309-87DN: 309-87 ~"~""W""~~~~;, TOWN OF NEWCASTLE ~~. .y k, J rU ~~~ , '-~~s~~ REPORT -., ~ l I"~~ING: General Purpose and Administration Committee ~TE~ Monday, December 7, 1987 T #: PD-309-87 FILE #: 18T-75362 SU~CT: BURKETON HILLS ESTATES FILE: 18T-75362 ~c~~ ~~,. .~ .~,, ~~ ,, ~. Fi Ie #-~~ Res. #_ By-Law # RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-309-87 be received; and 2. THAT the Boundary Road Agreement between the Town of Newcastle and the Township of Scugog be amended; and 3. THAT the attached by-law authorizing execution of an amending Agreement between the Township of Scugog and the Town of Newcastle be approved. BACKGROUND AND COMMENT: The subject plan of subdivision is governed by a Subdivision Agreement executed on October 18, 1982. This Agreement provides for the various Town requirements in respect of the development of the Burketon Hills plan of subdivision. One of the conditions of said Subdivision Agreement-was that the boundary road between Scugog and the Town of Newcastle be upgraded to Town standards. In addition, Clause 45 of the Subdivision Agreement, Subsection 2, provides that the To4m will ultimately assume ownership and responsibility for maintenance of the subject road works with the proviso that, during the construction maintenance period, the Owner would be responsible for all costs associated with same. ...2 REPORT NO.: PD-309-87 PAGE 2 In reviewing the conditions of draft plan approval relative to the subject plan, it is noted that prior to registration of this final phase of the subdivision, the Subdivision Agreement must contain provisions which deal with the reconstruction of the Scugog/Newcastle boundary road to the satisfaction of both the Town of Newcastle and the Township of Scugog. Town Staff are prepared to issue a clearance letter and have been advised by Mr. Earl Cuddle, Clerk Administrator for the Township of Scugog, that the Council has no objection to the proposed road reconstruction subject to the necessary amendment to the Boundary Road Agreement between Scugog and Newcastle to provide that this portion of the roadway will be maintained by the Town. As indicated previously, the Subdivision Agreement contemplates such an adjustment to the Boundary Road Agreement inasmuch as it specifically vests ownership and responsibility for maintenance with the Town. We note, however, that the Boundary Agreement, originally approved in 1974, has not been amended and in order to satisfy Scugog's requirements with respect to clearance of the Plan of Subdivision, it would be appropriate to do same. Planning Staff have discussed the matter with the Public Works Department Staff who are in concurrence with the necessary amendment bearing in mind the commitments made in the Subdivider's Agreement and the fact that the development accessing this road will be from the Town of Newcastle. Accordingly, it is recommended that the necessary by-law authorizing execution of an amendment to the Boundary Road Agreement be approved as attached hereto. TTE*jip *Attach. December 1, 1987 Recommended for presentation to the Committee e Lawrence® -Kotseff- ®-- --- Chief A 'a~istrative Officer ~(~~ `j' ~~. ~ ~.. . Eloundnry F2o~~d Agr~3emE3nt 0etween THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG WHEREAS: Townline Road ie a public right-of-way forming a boundary between the Town of Newcastle and the Township of Scugog. AND WHEREAS: The Town and the Township have agreed to provide for its maintenance and repair by entering into this agreement. NOW, THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto do covenant and agree ae follows: 1. That the Town of Newcastle maintain that portion of the said boundary road situated west of the Scugog Road. 2. That the Township of Scugog maintain that portion of the said boundary road situated east of the Scugog Road. 3. That until such time the status of the said boundary road is changed maintenance on the entire boundary be at a minimum. 4. That any major work or any proposed construction on the said boundary be the decision of the joint Councils. ,~ (Reeve; Township of Scugog (Mayor, Town of Newcastle i~; ~~ y c is . Dated this i i '~`~ day of `,.~'. 197A~ / ~~ ~ ,~ ~~ ~~~ ~ -(Clerk, Township of Scugog) (Clerk, To of Newcas ) ,~ SEAL ~_ ~ ~ ~ ~ ~ I ~V 1~'+~ ' ~ !i _~~ 1~- ~.._.._. DN: B/L ~~~~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NOMBER 87- being a By-law to authorize execution of an Agreement between the Town of Newcastle and the Corporation of the Township of Scugog in respect of boundary road maintenance. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: ' ~ r 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between the Corporation of the Township of Scugog and the said Corporation dated the day of , 1987, in the form attached hereto as Schedule "X". 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Town, the said conveyances of lands required pursuant to the aforesaid Agreement. 3. THAT Schedule "X" attached hereto forms part of this By-law. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. MAYOR CLERK APPENDIX 'A' TO BY-LAW 87- THE CORPORATION OF THE TOWN OF NEWCASTLE and - THE CORPORATION OF THE TOWNSHIP OF SCUGOG WHEREAS Boundary Road is a public right-of-way forming a boundary between the Town of Newcastle and the Township of Scugog; AND WHEREAS the Town and the Township have agreed to provide for its maintenance and repair by entering into this Agreement= NOW THEREFORE this Agreement witnesseth that the parties hereto do covenant and agree as follows: 1, That the Boundary Road Agreement executed between the Town of Newcastle and the Township of Scugog, dated the 11th day of July, 1974 is hereby amended by changing to "Regional Road 57", the reference to "Scugog Road" in Paragraphs •1 and 2 thereof. DATED THIS DAY OF , 1987. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE ) MAYOR CLERK THE CORPORATION OF THE TOWNSHIP OF SCUGOG ~J(n) MAYOR CLERK ~. REPORT NO.: PD-308-87 s s ~Cm~ PAGE 2 At that time, Staff were suggesting two (2) options and requesting further direction from Council. The first option was to close the roads in accordance with Town Policy, save and except, that pursuant to the intent of Section 317 of the Municipal Act, that no compensation be sought by the Town other than survey and legal costs and, the second option was that the roads be closed in accordance with Town Policy and compensation sought on the basis of a land value of $14,000. per acre. The report was referred back to Staff for further review and subsequent report with no specific direction being provided to Staff with respect to the policy issue. Since that time, a formal application for road closing has been submitted by the Solicitors for 671461 Ontario Limited with a request that the matter be resolved at the earliest possible opportunity. In that regard, since there had been no direction with respect to the policy issue, it was left to Staff to proceed with closure of these roads in accordance with current Town Policy. Accordingly, the Public Works Department has processed the subject application in accordance with current policy to the point where the application was circulated to all appropriate parties and/or agencies to determine any interest in same. At this point, however, a number of items remain to be fulfilled pursuant to approved procedure and the only concerns identified to date are with respect to necessary easements in favour of the Region of Durham which, according to policy, shall take precedence•over any proposal to close or close and convey. Granting of these easements would, of course, be a condition of the approval of the application and are, in fact, necessary for the proper development of these lands. Staff note that the issue of compensation, referred to by Town Policy, was considered at the Council Meeting of November 23, 1987. At that time, Council resolved to close and convey road allowances within proposed subdivisions in accordance with Town Policy and that the road allowances be conveyed at no ...3