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HomeMy WebLinkAboutWD-71-85 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P.ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1,10 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 21 , 1985. REPORT NO. : WD-71-85 SUBJECT: PROPOSED CLOSURE & CONVEYANCE OF PARTS OF RENDER AND EDSALL AVENUE, BOWMANVILLE RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That staff be authorized to proceed with the proposed closure and conveyance of the westerly unopened portions of Rehder and Edsall Avenues, Bowmanville, in accordance with Town Policy. 3. That the law firm of Strike & Strike be so advised. .. . .2 Page 2 REPORT NO. WD-71-85 REPORT: The attached correspondence from the law firm of Strike & Strike outlines the history of the area of Bowmanville where the proposed road closures are located and sets out two methods which can be employed to affect closure, i .e., in accordance with Town Policy under the Municipal Act, or in accordance with procedures established through the Registry Act. On the part of the applicant, the former is time consuming and more costly while the latter can be implemented in a relatively short time frame at minimal cost. On the part of the Town, there are several negative features, which must be considered, as follows: 1. The procedures under the Registry Act are contrary to general Town Policy, and if followed in this situation, can place the Town in a dual conflict. Recent road closures affected by the procedures prescribed in Town Policy, and which are not yet brought to a conclusion, may be revived with a request that Council reconsider and redirect, i .e. , Veltri , north of Lord Elgin School . Future requests for road closures in Bowmanville and other areas where original plans were laid out would probably follow suit and be on the basis of the Registry Act. . . . .3 Y Page 3 REPORT NO. WD-71-85 2. Since such plans of subdivision exist primarily in the urban areas, the Town would be in a position of setting two policies for road closure and conveyance, one for urban situations and one for rural situations. From the Town'js viewpoint, consistency is important and fairer. 3. If Council elects to entertain closing and conveying roads in urban areas under the Registry Act, there could be a deluge of requests for such action from individuals who envision an opportunity to acquire extra lands at virtually no cost. 4. Closure and conveyance of road allowances generally enhances the value of lands currently held by the abutting property owner, who should be prepared to pay a price for value added. 5. In some cases, other land owners in the area may consider closure and conveyance, and the future use of the road allowance to be detrimental to the value and use of their property and should be afforded an opportunity for input. Under the Registry Act, there would be no such opportunity. In summary, if Council considers this request in a positive light, it may wish to direct that a policy, complementary to Registry Act procedures , be prepared in order to cover off the areas of concern identified in the above discussion. . . . .4 Page 4 11 REPORT NO. WD-71-85 Such a policy would not only have to consider the method of implementing closure but also the matters of cost and opportunity for public input. In short, a policy not unlike that which we presently have, would probably result. It is, therefore, recommended that the proponent solicitors be advised that the Town wishes to proceed in accordance with current policy. Respectfully submitted, R.G. Dupui P. Eng., Director of Public Works. RGD:jco October 4, 1985. TCLEPN0NC(4161 623.5791 STRIKE '& STRIKE BARRISTERS 6 SOLICITORS A.ALAN H.STRIKE.O.A.,O.C. RONALD A.M.STRIKE,B.A,LL.B. P.O. BOX 7 38 KING ST.W. BOWMANVILLE, ONT, W. ROSS STRIKE.O.C.(RCTIREO) LIC 3K0 October 2nd , 1985 , Ronald G.Dupuis,P, Eng, , Director of Public Works, Town of Newcastle , HAMPTON , Ontario , LOB 1JO, Dear Sir : RE: Sale--Thomas G. Lyle Estate to D & D Securities RE: Proposed closing of Parts of Rehder and Edsall Avenues , Bowmanville We are acting . for Alec E. Lyle , the adminis- trator of the Estate of Thomas G. Lyle in connection with the sale of some 9. 931 acres of land including a 1 storey frame . dwelling at the end of Rehder and Edsall Avenues in Bowmanville . A search of title reveals that unopened parts of Rehder and Edsall Avenues extend into the Lylq property and a requisition on title has been mdde to the effect that the allow- ance for streets be formally closed and deeded with the property. Accordingly, we make application or, behalf of the Thomas G. Lyle Estate to close, those portions of the allowances for Rehder and Edsall Avenues within the Lyle lands pursuant to Section 82 (1) (c) of The Registry Act where a municipality has not assumed a street for public use , Please find enclosed the following: L 1 . Copy of the relevant part of Plan No. 82 showing the Lyle lands outlined in yellow, 2. Copy of survey of the Lyle property made by M. D. Brown , O. L.S. The History -- l . Plan No. 82 containing some 96 lots and some open land was registered July 9th , 1913 and the Ownership Certificate of Christian Rehder dedicated the streets thereon as public greets . 2 . During the years to 1930, there were numerous conveyances of lots not already built on fronting or, the west side of Scugog Street and houses constructed thereon, 3 , In September of 1935 , Christian Rehder conveyed the Lyle lands - 2- Ronald C. Dupuis, P.Eng. , October 2nd , 1985 . n� �( 6 3 . comprising some 9. 9 acres including some lots , reserves and unopened streets to George Lyle . 4. During the 1950 ' s and 1960' s , the lots fronting on Frederick, Edsall and Rehder Avenues running to the Lyle property were conveyed to various owners and houses constructed thereon. 5 . George Lyle died in April .of 1944 and thereafter by deeds registered in 1959 and 1961 , the lands were conveyed by his heirs to Thomas G. Lyle who subsequently died in 1973 . 6. The present 1 storey frame dwelling was constructed prior to the year 1949 on the westerly extension of Rehder Avenue and Louis Lyle has lived there until recently when the property was sold . 7 . Those parts of Rehder and Edsall Avenue contained within the Lyle property have never been assumed by the Town of Bowmanville or the Town of Newcastle as public streets not any public moneys expended thereon. In fact, there has been a continuous fence across the end of the used portion of Edsall Avenue and the house Located or, the Lyle property has to all intents and purposes , blocked any extended use of Rehder Avenue onto the Lyle lands . 8. There is a municipal sewer easement running through the east parts of Lots 79 and 95 owned by the Lyle Estate and across Rehder and Edsall Avenues , TWO MANNERS OF CLOSING STREETS -- There are two procedures for closing streets and highways as follows : (a) Where the road or street is an original road allowance or a road or street that has been assumed as a public highway by by- law and/or the expending of public funds thereon, the closing must be effected by by- law unde.r._ Section 298 of The Municipal Act with appropriate property and- newspaper adver- tising, a council hearing, the establishment of a price , the offering of sale first to adjacent owners and then a deed of the closed road . (b) However where a road or street has not been assumed for public use by a by- law and/or expenditure of public funds thereon, then the application to close must be made by the Municipality to a District Court Judge pursuant to Section 82 of The Registry Act with notices as The Judge should direct and eventual deeds to be granted by the Municipality to the adjoining owner (s) under Section 57 of The Surveys Act. APPLICATION TO CLOSE UNDER The Registry Act.-- We respectfully request that the Town consider the passing of a by- law to authorize the closing of those parts of original allowances for Rehder and Edsall Avenues within the Lyle property which have not beer, assumed for public use by application pursuant to Section 82 of The Registry Act or, condition that the Applicant pay the costs in connection therewith and that the above-mentioned sewer easement not be affected . We would be happy to discuss the requirements of this application with you or the Town Solicitor and to provide Ronald G. Dupuis , P, EnQ, October 2nd , 1985 . any further material or information, for the Court application . The closing of the Lyle Estate Sale has beer, postponed until October 30th and it would be appreciated if this matter could be dealt with by that time . We are forwarding a copy of this letter and enclosures to Mr , David Oakes , the Town Clerk with whorr we have discussed this matter , matter Thank you for your attention to this , Yours very truly, STRIKE & STRIKE, AAHS : lmd per : Encls , C .C. David Oakes , Clerk, Town of Newcastle , 40 Temperance Street, Bowmanville , L1C 3A6, th > A y�/a NH o1 A yNaOMS v V' u C 1v.v 'C J3o 3 3 a vl dv 't \�' c « D V lJ/9 I` A i 0 -~! G 0 r - ,.«. n 4 ;. �� a , c\ f• � _ r . Q ,� V �+ of• n � tTi r IA D o �•. o e • m +y P1 y z Al r: -td_ -T•. 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