HomeMy WebLinkAboutWD-46-90 TOWN OF NEWCASTLE
REPORT
F 1e # k1l OL
Res. #
_ f-�• By-Law #
hEUING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JUNE 4, 1990
REPORT #: WD-46-90 FILE #:
S[J$ECT: DEDICATION OF PUBLIC HIGHWAY
PART 2, PLAN 1OR-3063
LOT 25, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-46-90 be received;
2 . THAT a By-law be passed to dedicate Part 2 of Plan 1OR-3063 as
public road allowance and that the Mayor and Clerk be authorized
to execute said By-law; and
3 . THAT a copy of this report be forwarded to Mr. Joseph C. Victor.
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REPORT
1.0 ATTACHMENTS
No. l: Correspondence dated February 14, 1990, from Mr.
Joseph C. Victor
No.2 : Detail Map
No.3: By-law
2 . 0 BACKGROUND
2 . 1 Attached is a copy of a letter from Mr. Joseph C. Victor,
Barrister, (Attachment No. l) requesting that the road widening
described as Instrument # 146542 be dedicated as public road
allowance. .
REPORT NO. : WD-46-90 PAGE 2
2 .2 The purpose of Mr. Victor's request is to provide clear and
unobstructed access to his client's property.
2 .3 The subject property is located in the former Darlington Township,
on the north side of Baseline Road, in Lot 25, Concession 1 (see
Attachment No.2) . This property was created by a Land Division
Application.
2 .4 As a result of the Land Division Application procedure the
applicant was to fulfil a number of conditions, one of which was
to deed to the Town, Instrument No. 146542 as a road widening. The
conditions of Land Division have now been satisfied and it is now
appropriate to dedicate the road widening (Mr. Victor's request) .
3.0 RECOMMENDATION
3. 1 It is, therefore, recommended that the road widening being
Instrument No. 146542 be dedicated as public road allowance and
that the Mayor and Clerk be authorized to execute said by-law.
Respectfully submitted, Recommended for presentation
to the Committee,
/4------------------------ -k� --- kLl",�niistrative----------------
Walter A. Evans, P.Eng. , Lawren otseff,
Director of Public Works . Chief Officer.
JRM*WAE*llv
April 24, 1990
Attachments
cc: Mr. Joseph C. Victor, Q.C.
Creighton, Victor, Alexander, Hayward & Morison
Barristers & Solicitors
P.O. Box 201
235 King Street East
Oshawa, Ontario
L1H 7L1
1021
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February 14 , 1990
The Mayor and Council ,-
Corporation of the Town of Newcastle,
40 Temperance Street,
Bowmanville, Ontario.
L1C 3A6
Madame & Gentlemen:
Re: Road Allowance between Conc 1 & B. F . ( Baseline )
We are the solicitors acting for 802619 Ontario Limited , which
is the present owner of lands described as Part of Lot 25 , Conc .
1 , Geographic Township of Darlington, now Town of Newcastle, and
now described as Part 1 , Plan lOR-3063 .
Enclosed herewith for your information is a copy the afore-
mentioned Plan lOR-3063 .
Also enclosed is a copy of Transfer/Deed of land registered
on November 1st, 1988, as #146542 , relating to lands described as
Part 2 on the aforementioned Plan lOR-3063 . You will note that the
Transferee is the Corporation of the Town of Newcastle , which is
the present owner of the said lands .
This conveyance was made to the Town of Newcastle in order to
fulfill one of the conditions which were imposed by the Land
Division Ccmmittee of the Region of Durham when it granted a
consent to sever on the application of Ronald Sickle and Carole
Bickle , and pursuant to which Mr . and Mrs . Bickle conveyed the
lands to the predecessor in title of the present -owner of the
aforementioned Part 1 .
The condition relating to the conveyance to the Town of the
ten foot strip of land was imposed as a result of the request of
the Planning Department of the Town of Newcastle , which stipulated
that these lands were required for the ultimate widening of the
Baseline Road. Reference to the aforementioned Transfer/Deed will
clearly- disclose the purpose of the conveyance .
. . . . . . /2
ATTACHMENT NO, 1
022 �U-116-96
2
The said Transfey: Dced was prepared 10- the solicitor then
acting for Mr. and Mrs . ' Pickle , n,-imely Alan H . Strike , w h
inadvertently neglected to include in the description the
reservation of a right-of-way ovor the lands conveyed thereby in
favour of the owner of lands described as Part 1 , until such time•
as Part 2 is dedicated and established as a public highway .
In these circumstances ice have been instructed to request that
you proceed with - the passing of a by-law dedicating and
establishing as a public highway the lands described as Part 2 ,
Plan IOR-3063 and pending the passing of a hy-law, we would request.
that the Council pass a Resolution providing for the said lands to
be 2ubject to a right-of-way in favour of the cwners of Part I ,
Plan JOR-063 , for the purpose of Ataining access to the Baseline
Road .
,our kind and early attention to this matter will be gunatly
approciated .
Yours truly ,
JoWph C . Victor , Q .C.
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LOT 25
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LOT 26
CON . I /OR -3063
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PART I
PART 2
CONC. ROAD I — BASELINE ROAD
LOT 25
CON . B . F.
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DARLINGTON
PROVINCIAL PARK o • �� gEyp ATTAC HMENT NO.-
�ICl � 4
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90-
Being a by-law to dedicate certain lands as a public
highway in the Town of Newcastle, (Concession 1,
Part Lot 25, former Darlington Township)
BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION
OF THE TOWN OF NEWCASTLE BY THE COUNCIL THEREOF AS FOLLOWS:
The following land is hereby established as a Public Highway known as
Baseline Road, in the former Township of Darlington, now in the Town of
Newcastle.
The said land hereby established as a Public Highway is described as
follows:
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, located in Part Lot 25, Concession 1, of the
former Township of Darlington, now within the limits
of the Town of Newcastle, Regional Municipality of
Durham, more particularly described as Part 2 on
Registered Reference Plan 1OR-3063, deposited in
the Land Registry Office of the Registry Division
of Newcastle (No.10), on September 26, 1988.
BY-LAW read a first time this day of 1990.
By-LAW read a second time this day of 1990.
By-LAW read a third time and finally passed this day of 1990.
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MAYOR
CLERK
ATTACHMENT
119 46-90
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