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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. --------------------------------------------------------------------- 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 i i i I i 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. jcv; ln- anal 023 i LOT 25 CON . I 0 a I o LOT 26 CON . I /OR -3063 Q Z J PART I PART 2 CONC. ROAD I — BASELINE ROAD LOT 25 CON . B . F. dS 31 3 130 1q 18 11., 16 'n / 13 11 11 10 19 IA I7 16 1/ NA 3H RO 10 w G U- SIT W 3 J J ul� Z a ~ 3§ x a I • na� � i NA TI F E 1 _ 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. ----------------------------- MAYOR CLERK ATTACHMENT 119 46-90 I i