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,
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