HomeMy WebLinkAboutWD-12-86TOWN OF NEWCASTLE
REPORT File #
Res. #
By -Law #
NESTING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 20, 1986
REPORT #: WD -12 -86 FILE #:
Sl1B,ECT :
ENCROACHMENT OF A BUILDING AT
189 CHURCH STREET, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended:
1. That this report be received; and,
2. That permission be granted to Phyllis McRobbie, her heirs, successors
and assigns, the rights to maintain and use such portion of the
building as constitutes an encroachment upon a public highway for so
long as the encroachment is not required for municipal purposes, said
encroachment being over Part 2, Plan IOR -2164.
3. That the attached by -law to permit the continuation of an encroachment
on Town -owned lands by Phyllis McRobbie, 189 Church Street,
Bowmanville, over Part 2, Plan 10R -2164, be enacted.
4. That the law firm of Hamilton & Bellefontaine be so advised.
Page 2
Report No. WD -12 -86
REPORT:
It has been determined by survey for a property transaction that the house
at 189 Church Street, Bowmanville, encroaches onto the Church Street
right -of -way. This condition has existed for many years, even at the time
when Church Street was reconstructed to four lanes. It is not anticipated
that the lands involved will be required for municipal purposes and the
encroachment itself does not create a problem. It is, therefore,
recommended that the attached by -law authorizing the encroachment over Part
2, Plan 2164, be enacted.
r
BARRISTERS AND SOLICITORS I
IRWIN A. HAMILTON B.C.OM. LLB.
PAUL L BELLEFONTAINE BA, LLB.
January 2, 1986
Town of Newcastle,
Temperance Street,
Bowmanville, Ontario'.
Attention: Mr. David Oakes
Dear Sir:
P.O. BOX 357
43 ONTARIO ST.
BOWMANVILLE, ONTARIO LIC 2S4
PHONE (416) 623 -7744
_ +a
r.
I
Re: McRobbie sale to Anfossi,
189 Church Street, Bowmanville, Ontario.
We are the solicitors for Phyllis
86McRWbbie. This
transaction is to close February 3,
a copy of Plan 1OR -2164. You will note that the sur-
veyor has drawn a Part 2 to the survey which shows an
encroachment of the house and steps of 189 Church Street
onto Church Street. The solicitors for the purchasers
are requesting that there be an encroachment agreement
with the Town of Newcastle. We are requesting that you
give this your consideration and advise us.
Yours very truly,
HAMILTON AND BELLEFONTAINE
Per:
i
/it Irwin A. Hamilton :
encl.
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BY -LAW 86 -
THE CORPORATION OF THE TOWN OF NEWCASTLE
Being a by -law to permit the continuation
of an encroachment onto Town -owned lands,
by Phyllis McRobbie, Church Street,
Bowmanville, now in the Town of Newcastle,
Regional Municipality of Durham, pursuant
to the provisions of Section 210 (101) of
the Municipal Act R.S.O., 1980, and the
Town of Newcastle By -law No. 81 -50.
The Corporation of the Town of Newcastle hereby enacts as follows:
1. That permission is granted to Phyllis McRob, Church Street,
heirs, successors and
Bowmanville, now in the Town of Newcastle, her
assigns, the right to maintain and use such portion of her building as
constitutes an encroachment upon a public highway, for so long as the
encroachment is not required for municipal purposes.
2. The lands affected by By -law No. 86 are described as Part two (2)
according to Plan JOR -2164, being all and singular that certain parcel
or tract of lands situate, lying and being in the Town of Newcastle,
Regional Municipality of Durham, Province of Ontario and being composed
of that portion of Church Street in part of Lots 138 & 139, Block 'K'
and part of Church Street, according to J. Grant's Plan of part of Lot
12 in the First Concession of the former Town of Bowmanville.
3. A
copy
of Plan
1OR -2164 is attached to
By -law 86 -
as Schedule
l
By -law
read
a first
and second time this
day of
1986.
By -law
read
a third
and final time this
day of
1986.
ayor
Clerk