HomeMy WebLinkAboutWD-58-90 TOWN OF NEWCASTLE '
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REPORT
Res. # tg
By-Law #
hffi-TING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JULY 9f 1990
REPORT #: WD-58-90 FILE #:
SUUCT: REQUEST TO UPGRADE THE ROAD ALLOWANCE BETWEEN LOTS 22 AND 23,
CONCESSION 6, FORMER TOWNSHIP OF CLARKE - LOWERY ROAD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-58-90 be received; and
2 . THAT Mr. W. Kay Lycett be advised that the road allowance between
Lots 22 and 23, Concession 6, former Township of Clarke (Lowery
Road) from approximately 355 m ( 1, 165 feet) south of Regional Road
9 southerly to Concession Road 6 is an unopened road, as defined
by Section 1.5 of the Town's policy for unimproved roads;
3 . THAT Mr. Lycett be advised that, in accordance with Town policy,
the opening of Lowery Road from Concession Road 6 northerly to the
south limit of the Obrist property would be at the applicant's
expense; and
4 . THAT Mr. W. Kay Lycett be advised of Council's decision and that
a copy of this report be forwarded to Mr. Lycett and to Mr. Obrist.
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REPORT NO. : WD-58-90 PAGE 2
REPORT
1.0 ATTACHMENTS
No. l: Correspondence dated March 21, 1990 from Mr. W. Kay
Lycett.
No.2 : Key Map
No. 3: Report WD-55-84 dated June 4, 1984
No.4: Report WD-74-85 dated November 18, 1985
No.5: Policy for Unimproved Roads
No. 6: Instrument No. 65188
No. 7 : Instrument No. 106393
No. 8: Instrument No. 106648
2.0 BACKGROUND
2 . 1 At a meeting held on April 9, 1990, Council passed Resolution
#C-250-90:
"THAT the correspondence dated March 21, 1990, from
W. Kay Lycett, with respect to the upgrading of the
road allowance between Lots 22 and 23, Concession
6, Clarke, be received;
THAT the correspondence be referred to the Director
of Public Works for review and report to the General
Purpose and Administration Committee; and
THAT W. Kay Lycett be advised of Council's
decision. "
3.0 REVIEW AND COMMENT
3 . 1 The Problem
Mr. and Mrs . Fred Obrist own a parcel of land of 52 .97 acres
located on the west side of the road allowance between Lots 22 and
23 in Concession 6 (Lowery Road) in the former Township of Clarke
(Attachment No. 2) .
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. . .3
REPORT NO. : WD-58-90 PAGE 3
The problem is that Lowery Road is opened only from Regional Road 9
southerly for approximately 355 m ( 1, 165 feet) . This means that the
Obrist property is landlocked in that it does not front onto an improved
public road.
3.2 The unopened portion of Lowery Road from Concession Road 6 northerly for
approximately 213 m (700 feet) is grown up in trees . There is a hydro
pole located on the north side of Concession Road 6 in the middle of the
Lowery Road road allowance.
3. 3 The unopened portion of Lowery Road from the south end of the opened
portion of Lowery Road southerly for approximately 274 m (900 feet) is
not grown up in trees and is passable during the summer months. My
staff have advised me that access to the Lowery property on the east
side of Lowery Road is made over this portion of Lowery Road during the
summer months and that access to the Obrist property can also be made
over this section of Lowery Road during the summer months .
A site visit on June 11, 1990, confirmed that the unopened portion of
Lowery Road from Regional Road 9 to the north end of the Obrist property
is passable. The road is quite rough and is very narrow because there
is a considerable amount of brush on either side of the road.
3 .4 History of How the Obrist Property Became Landlocked
On January 23, 1974 . F. J. Obrist and L. R. Obrist purchased 28.25
acres of land from John and Margaret Kegel (Attachment No. 6) . This
created a landlocked parcel of land shown as Part A on Attachment No.2 .
In order to deal with the problem created by the landlocked parcel of
land, the agreement of purchase and sale contains the -following
condition:
"The hereinabove described lands are shown in heavy
outline on a map or plan made by M. D. Brown,
Ontario Land Surveyor, which said plan is dated July
21, 1965 .
1006
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REPORT NO. : WD-58-90 PAGE 4
TOGETHER with the use of an existing road
running south through the Vendor's property
and leading out to the Durham Side Road for as
long as it may reasonably be necessary for the
Purchaser to have the road allowance between
Lots 22 and 23 to the east of the lands herein
opened by the Township of Clarke. "
3.5 On February 11, 1982, F. J. Obrist and L.R. Obrist purchased 24.72
acres of land from A. Hiemstra and P. Hiemstra. This parcel of
land is shown as Part B on Attachment No.2 .
3 .6 On February 24, 1982, A. Hiemstra and P. Hiemstra entered into an
agreement with F. J. Obrist and L. R. Obrist to provide for the
following:
1. The Vendors as owners of Parcel 3 shall have the right
for 3 years from the date hereof to take water from the
pond located on Parcel 2 for their normal farm operations
together with the necessary access thereto for such
purposes provided always there is sufficient water for
use by the Purchasers in their spray operations .
2 . The Purchasers as owners of Parcels 1 and 2 shall have
the right and easement for a period of 20 years from the
date hereof to use the existing roadway running southerly
from Parcel 2 through Parcel 3 to the Concession Road
between Concession 5 and 6 for the purpose of access for
planting, spraying and harvesting fruit or other crops
on Parcels 1 and 2 and provided that the Purchasers
maintain such roadway and exercise their rights at times
that are not inconvenient or objectionable to the
Vendors .
of
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REPORT NO. : WD-58-90 PAGE 5
3 . The Purchasers shall continue their efforts to have the Town
of Newcastle open the road allowance between Lots 22 and 23,
Concession 6 so as to provide access thereover from Parcels
1 and 2 to the said Concession Road and the Vendors agree to
support the Purchasers ' application and if required, sell and
convey such lands from the south-east corner of Parcel 3 as
may be necessary to open the said road allowances to public
traffic .
4 . Upon the said road allowance between said Lots 22 and 23
being opened for public travel by the Town of Newcastle,
the rights granted to the Purchasers by paragraph number
three hereof shall be forthwith terminated.
5. The Vendor shall retain the right to relocate the
existing roadway described in Paragraph 2 herein to such
other location as may be required from time to time.
3 .7 Previous Reports
The question of opening this section of Lowery Road was dealt with
in Report WD-55-84 (Attachment No.3) and in Report WD-74-85
(Attachment No.4) . The recommendation in Report WD-74-85, which
was adopted by Council states:
1. THAT Petitioners, represented by Mr. Louis Obrist, who
have requested that the Town open the road allowance
between Lots 22 and 23 in Concession 6 of the former
Township of Clarke, be forwarded a copy of Council's
resolution of June 11, 1984, which reads as follows:
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REPORT NO. : WD-58-90 PAGE 6
"THAT Report WD-55-84 be received and Mr.
Obrist be advised that, having considered
all of the information available, the
road between Lots 22 and 23, in
Concession 6, former Township of Clarke,
falls into the category of an unopened
road, as defined by Section 1.5 of the
Town's policy in such matters and, as
such, does not qualify for improvement;
and
THAT Mr. Obrist be advised that the Town
is prepared to discuss the upgrading of
either the north or south, or both
portions of the said road to Town
standards for agricultural use, at the
cost of the benefitting land owners, as
is done with subdivision developers; and
THAT a copy of this report be forwarded
to Mr. Obrist to explain this position
and be advised that the Town still
supports this position. "
2 . THAT a copy of this report be provided to the petitioners to
further elaborate on the above position.
3 . 8 Change in Policy Since 1985
In 1987, Council provided $40,000 in the Public Works budget to
provide for improvements to agricultural roads. Funds were
provided in subsequent budgets, specifically designated for
improvements to agricultural roads, as follows:
1988 $50,000
1989 $50,000
1990 $49,900
REPORT NO. : WD-58-90 PAGE 7
3 .9 Work Has Been Done by the Town on north Section of Lowery Road
My staff have advised me, that although Lowery Road is not
designated a "summer road" on the Town's street map, the Town has
cut brush and grass on the northerly portion of Lowery Road.
3. 10 Meeting with Mr.Obrist
On Friday, June 14, 1990, a meeting was held with Mr. Obrist to
discuss his request. In light of all of the foregoing, Mr. Obrist
was advised that:
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1 . Since my staff has advised me that over the past several
years, the Town has carried out brushing and grass cutting on
the northerly portion of Lowery Road, I would be willing to
recommend to Council that Lowery Road be designated a "summer
maintained" road from the south end of the existing opened
portion of Lowery Road, southerly to his property and that
improvements be made to the road.
2 . Since there in no evidence that the Town had ever carried out
any work on that portion of Lowery Road from Concession Road
6 northerly to his property, the opening of this road to the
south limit of his property, in accordance with Town policy,
would be done only at his expense.
3 . For safety reasons, the south end of Lowery Road would have
to be moved to the west, which would require that land be
purchased from the owner of the property on the west side of
Lowery Road.
4 . A rough estimate to open Lowery Road, from Concession Road 6
to the south limit of the Obrist property to a "summer road"
standard (not including the cost of land purchase) is $20,000 .
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REPORT NO. : WD-58-90 PAGE 8
Mr. Obrist stated that the improving of the northerly portion of
Lowery Road is of no use to him, that the cost of opening the
southerly portion of Lowery Road is prohibitive. Mr. Obrist stated
that he will attempt to obtain a long term right-of-way from the
present owner of the property through which he now gains access to
his property.
4.0 CONCLUSIONS AND RECOMMENDATIONS
4 . 1 From the above it can be concluded:
1. That Mr. & Mrs. Obrist knowingly created a landlocked
parcel of land when they purchased the land.
2 . Lowery Road from approximately 355 m ( 1,165 feet) south
of Regional Road 9 southerly to Concession Road 6 is an
unopened road.
4 .2 It is, therefore, recommended:
1. THAT Mr. W. Kay Lycett be advised that the road allowance
between Lots 22 and 23, Concession 6, former Township of
Clarke (Lowery Road) from approximately 355 m ( 1, 165
feet) south of Regional Road 9 southerly to Concession
Road 6 is an unopened road, as defined by Section 1.5 of
the Town's policy for unimproved roads;
2 . THAT Mr. Lycett be advised that, in accordance with Town
policy, the opening of Lowery Road from Concession Road
6 northerly to the south limit of the Obrist property
would be at the applicant's expense.
0 11
REPORT NO. : WD-58-90 PAGE 9
Respectfully submitted, Recommended for presentation
to the Committee,
------------------------ ------------------
Walter A. Evans, P.Eng. , Lawrenc Kotseff,
Director of Public Works Chief A histrative Officer
WAE*llv
June 18, 1990
Attachments
W. Kay Lycett
Barrister, Solicitor. Notary
Box 87
5301 Main Street
Orono, Ontario
LOB 1MO
Mr. F. Obrist
R. R. #1
Orono, Ontario
LOB 1MO
01
�i• /UI?f �1�rGL� �• %/. TELEPHONE(416)983.5007
l (416)983-8159
FAX 14.16)983-9022
�xrri�tcr, �alicitc�r, �7ufuru ,etc.
BOX 87,5301 MAIN ST.,
WA E ORONO.ONTARIO
LOB 1 MO
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March 21st, 1990
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The Clerk, a
Town of Newcastle, PEAR 23 1990
40 Temperance Street,
Bowmanville, Ontario
LIC 3A6 -
Dear Sir:
Re: Fred and Lily OBRIST
Part of Lot 23, Concession 6, Clarke
Town of Newcastle
I am the solicitor for fir. & Mrs. Fred Obrist who are the
alleged owners of what has been described as the North half of the
South half of Lot 23, in the 6th Concession of the Geographic Township
of Clarke which lies adjacent to the west of the road allowance between
Lots 22 and 23 in that Concession.
My clients utilize their property in the production of apples
and have approximately 49 acres on the site in orchard producing an annual
crop having a gross value .�f approximately $50,000.00 and rely heavily
upon access to the properr_y 1`7or the operation of this agricultural
endeavour.
I am advised and believe that the road allowance lying to
the east of their property as above referred to, has in the past been
an open, travelled road used by the public and that culverts are in
place accommodating a stream crossing the same and for access into
the road allowance known as the 6th line but that over the years this
public roadway has been allowed: to disintegrate as such with no
maintenance being done thereon and the same has become impassable
for farm machinery, trucks or any other vehicle that would be required
for access to my clients property.
During Mr. & Mrs. Obrist's ownership of the property and
only as a temporary measure they have been able to gain access by way
of right-of-way over their --ei��hboar's property to the south, however,
being only a temporary with time running out and the right-of-
way not being of dependable condition or quality, our clients find
themselves in the position of not being certain of being able to harvest
their crop.
7H WENT N0, 1
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The Clerk,
The Town of Newcastle March 21st, 1990
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I have therefore been retained to petition your Council and its
Works Department to consider the up-grading of the road allowance in
question to the extent of at least providing sufficient access for Mr.
& Mrs. Obrist to carry on their agricultural undertaking.
I would be glad of your consideration in this matter at your
earliest convenience and advice.
Yours truly,
W- � c e tt
Y )'Y
WKL:seb
C.C. Mr. & Mrs. Obrist ---
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ATTACHMENT NO, 2
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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 1JO 987.5039
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REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 4, 1984.
REPORT NO. ; WD-55-84
SUBJECT: ROAD ALLOWANCE BETWEEN LOTS 22 AND 23
IN CONCESSION 6 OF THE FORMER TOWNSHIP
OF CLARKE (OBRIST).
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RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and,
2. That Mr. Fred Obrist be advised that Town Policy does
not make provision for upgrading or construction of
roads which have not previously existed; and,
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3. That a copy of this report be forwarded to Mr. Obrist
to explain this position.
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ATTACHMENT NO, 3
°,,D-58-90
If 01
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Page 2
REPORT NO. WD-55-84
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K REPORT:
On occasion in the past few years, Council has been
approached by Mr. Fred Obrist with the request that the road
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between Lots 22 and 23 in Concession 6 of the former
Township of Clarke be upgraded to allow him access to an
orchard on the west side of said road. In response to the
most recent request, Mr. Obrist was. advised that his request
would be considered upon adoption of a policy for
maintenance of unimproved roads in the Town. The policy is
now in place and Mr. Obrist has inquired with respect to how
the Town proposes to proceed.
Early in May, the road was reviewed with Mr. Obrist
throughout its length from the 6th Concession to the end of
the maintained section at the Lowery farm. The southerly
300 to 500 metres is overgrown with fairly mature trees,
some of them probably twenty years old, and has piles of
earth and stone placed within the road allowance. There is
no evidence of a road, and the general condition would
suggest that one has never existed at this location.
The section between the northerly limit of this area and the
Lowery farm is generally cleared of trees and shows evidence
of being used quite regularly by farm equipment. However,
there is little evidence of a travelled road ever existing
through this section. No gravel or culverts have been
placed with the exception of a location where a watercourse
crosses the road allowance. Mr. Obrist admits having placed
the gravel and the culvert appears to be a used one, placed
by private individuals.
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Page 3
REPORT NO. WD-55-84
There is some sign of the tops of hills being graded off,
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however, there is some substantiation that this was done by
farmers with their equipment as they proceeded to the
fields. While on site a location was noted where Mr. Lowery
had disked the road only a few days before. There are no
ditches along the road.
Mr. Obrist suggested that the status of the road be
discussed with Mr. John Stone, a long time resident of the
area, and a former reeve in Clarke Township. Mr. Stone was
contacted and he advised that to the best of his knowledge
the road has never been used for vehicular traffic, but did
accommodate horse travel at one time. Mr. Stone offered the
comment that, at one time, the question of opening the road
was considered and the Township took the position that it
would have to be realigned at the south end to line up with
the road to the south (Vicker Road) for safety reasons.
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Town policy deals with maintenance of unimproved roads and
from the facts brought forth in this situation, there is not
a road to maintain. Substantial grading and gravel works
would have to be undertaken to provide a suitable road for
traffic. Furthermore, property acquisition would be
necessary for realignment at the 6th Concession.
Mr. Obrist has indicated a strong preference for access to
his lands via the road from the south, which possibility is
eliminated unless the Town is willing to construct an
improved public road through Concession 6. Town Policy does
not provide for same.
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Page 4
REPORT NO. WD-55-84
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In summary, there does not appear to be• a road, unimproved
or otherwise, to maintain, and without considerable
construction and associated expenditure, improved access to
the Obrist lands cannot be provided.
It is, therefore, recommended that Mr. Obrist be so
advised.
Respectfully submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:jco
May 23, 1984.
cc: Mr. F. Obrist
1019
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TOWN OF NEWCASTLE
'= REPORT File #
Res. #
�. By-Law #
hEUING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DA
TE; NOVEMBER 18, 1985.
REPORT #: WD-74-85 FILE #: C-23-6
EcT: PETITION FROM RESIDENTS IN THE AREA OF THE ROAD ALLOWANCE BETWEEN LOTS 22
& '23 CONCESSION 6 OF THE FORMER TOWNSHIP OF CLARKE REQUESTING THE OPENING
OF A ROAD ON SAID ROAD ALLOWANCE WHICH WILL PROVIDE FOR YEAR-ROUND USE.
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RECOMMENDATIONS:
It is respectfully recommended:
1. That this report be received; and,
2. That Petitioners, represented by Mr. Louis Obrist, who have requested
that the Town open the road allowance between Lots 22 & 23 in
Concession 6 of the former Township of Clarke, be forwarded a copy of
Council 's resolution of June 11, 1984, which reads as follows:
THAT Report WD-55-84 be received and Mr. Obrist be advised that,
having considered all of the information available, the road between
Lots 22 and 23, in Concession 6, former. Township of Clarke, falls into
the category of an unopened road, as defined by Section 1.5 of the
Town's policy in such matters and, as such, does not qualify for
improvement; and,
... .2
ATTACHMENT NO. 4
1 0 2 0 M-58-90
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Page 2
Report No. WD-74-85
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THAT Mr. Obrist be advised that the Town is prepared to discuss the
upgrading of either the north or south, or both portions of the said
road to Town standards for agricultural use, at the cost of the
benefitting land owners, as is done with subdivision developers; and,
THAT a copy of this report be forwarded to Mr. Obrist to explain this
position and be advised that the Town still supports this position.
3. That a copy of this report be provided to the petitioners to further
elaborate on the above position.
REPORT:
Council has recently received a petition pertaining to the subject matter
which makes the following points:
1. The subject road allowance was closed during the 1960's by
reconstruction of Concession Road 6, without proper Council
endorsement;
2. The subject road allowance is the only means of travel between the
6th and 7th Concession Road, the condition of which forces farm
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equipment to hazardously use Highway 35/115 to gain access to certain
farm lands.
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Page 3
Report No. WD-74-85
Members of Council are very familiar with this situation having had previous
representation made for improvement by Mr. Fred Obrist, and having
considered the contents of several reports. A very detailed review of this
matter was put forth in Report WD-55-84 and subsequent supplementary
information attached hereto. Having considered such information, Mr. Obrist
was advised as indicated in Recommendation 2, above.
The current representation, which includes a petition from other residents
in the area, makes the two points previously noted which have not been dealt
with in detail before. Firstly, it is contended that the road allowance was
closed through reconstruction of Concession Road 6 without proper Council
endorsement. In fact, legal survey plans on files as well as instruments
relating to the acquisition of lands by Mr. Obrist to the west of the
subject road allowance would indicate that it was not officially opened.
This is not saying that the road was never used for travel , because in fact
it was, but there is no evidence that it was ever "opened" by the
municipality.
Secondly, it is stated that there is no means, other than Highway 35/115, to
travel from the 6th to the 7th Concession. The road allowances between Lots
20 & 21 in Concession 6, (Jewell Road) is an opened road, constructed to a
hard top standard, maintained year round by the Town. It is recognized that
use of this road by Mr. Obrist and other area residents does require some
out-of-way travel , however, if safety is a concern, this is a viable
alternate route.
The petition goes on to request construction of a road on the road allowance
between Lots 22 & 23.
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Page 4
Report No. WD-74-85
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Aside from the points raised in Report WD-55-84 relating to the need to jog
the intersection at Concession Road 6, it should also be pointed out that
costs to build a road would be significant. Approximately one mile of road
would need to be constructed to Town standards at a cost of about $300,000.
The need to construct to Town standards may be questioned, with the thought
that a little grading and gravel would do. As members of Council are aware,
such construction leads to continual expenditures on maintenance in the
future and should not be considered. Furthermore, it is doubtful whether
M.T.C. would subsidize anything but construction to a specific standard.
With respect to subsidy, it should be pointed out that because of limited
funding available, M.T.C. may not consider subsidizing the road in question
'in any event. Where there is alternate routing for through traffic, the
Ministry does not look favourably upon construction of new roads unless
traffic volumes are so high that there is no alternative.
As pointed out previously, construction costs associated with this road
would be in the order of $300,000. M.T.C. 's 1985 approved construction
objective for the Town was $1.16 Million in total , therefore, a project of
this nature, even if it were subsidized by M.T.C., would use about
twenty-five percent of the Town's road construction budget. This would mean
reallocation of funds from other projects which have already been budgeted
elsewhere in the Town. If M.T.C. did not subsidize construction, it would
be wholly at the expense of the Town, and, the $300.000 price tag would
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represent about 9 mils on the tax rate.
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Page 5
Report No. WD-74-85
Having considered all of the above and the attached previous considerations,
it is recommended that the Town maintain its previous position.
Respectfully submitted,
R.G. Dupuis, Eng.,
Director of Public Works.
RGD:jco
November 12, 1985.
Attachment
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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263.2231
LOB 1JO 987.5039
i
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 4, 1984.
REPORT NO. :. WD-55-84
(/ SUBJECT: ROAD ALLOWANCE BETWEEN LOTS 22 AND 23
rC IN CONCESSION 6 OF THE FORMER TOWNSHIP
OF CLARKE (OBRIST).
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and ,
2. That Mr. Fred Obrist be advised that Town Policy does
not make provision for upgrading or construction of
roads which have not previously existed; and,
3. That a copy of this report be forwarded to Mr. Obrist
to explain this position.
. ..2
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Page 2
REPORT NO. WO-55-84
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REPORT:
On occasion in the past few years, Council has been
approached by Mr. Fred Obrist with the request that the road
between Lots 22 and 23 in Concession 6 of the former
Township of Clarke be upgraded to allow him access to an
orchard on the west side of said road. . In response to the
most recent request, Mr. Obrist was advised that his request
would be considered upon adoption of a policy for
maintenance of unimproved roads in the Town. The policy is
now in place and Mr. Obrist has inquired with respect to how
the Town proposes to proceed.
Early in May, the road was reviewed with Mr. Obrist
throughout its length from the 6th Concession to the end of
the maintained section at the Lowery farm. The southerly
300 to 500 metres is overgrown with fairly mature trees,
some of them probably twenty years old, and has piles of
earth and stone placed within the road allowance. There is
no evidence of a road, and the general condition would
suggest that one has never existed at this location.
The section between the northerly limit of this area and the
Lowery farm is generally cleared of trees and shows evidence
of being used quite regularly by farm equipment. However,
there is little evidence of a travelled road ever existing
through this section. No gravel or culverts have been
placed with the exception of a location where a watercourse
crosses the road allowance. Mr. Obrist admits having placed
the gravel and the culvert appears to be a used one, placed
by private individuals.
. ..3
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Page 3
REPORT NO. WO-55-84
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There is some sign of the tops of hills being graded off,
however, there is some substantiation that this was done by
farmers with their equipment as they proceeded to the
fields. While on site a location was noted where Mr. Lowery
had disked the road only a few days before. There are no
ditches along the road.
I
i
Mr. Obrist suggested that the status of the road be
discussed with Mr. John Stone, a long time resident of the
area, and a former reeve in Clarke Township. Mr. Stone was
contacted and he advised that to the best of his knowledge
the road has never been used for vehicular traffic, but did
accommodate horse travel at one time. Mr. Stone offered the
comment that, at one time, the question of opening the road
was considered and the Township took the position that it
would have to be realigned at the south end to line up with
the road to the south (Vicker Road) for safety reasons.
Town policy deals with maintenance of unimproved roads and
from the facts brought forth in this situation, there is not
a road to maintain. Substantial grading and gravel works
would have to be undertaken to provide a suitable road for
traffic. Furthermore, property acquisition would be
necessary for realignment at the 6th Concession.
Mr. Obrist has indicated a strong preference for access to
his lands via the road from the south, which possibility is
eliminated unless the Town is willing to construct an
improved public road through Concession 6. Town Policy does
not provide for same.
. . .4
Page 4
REPORT NO. WD-55-84
In summary, there does not appear to be a road, unimproved
or otherwise, to maintain, and without considerable
construction and associated expenditure, improved access to
the Obrist lands cannot be provided.
It is, therefore, recommended that Mr. Obrist be so
advised.
i
Respectfully submitted,
R.G. Dupuis , P. Eng. ,
Director of Public Works.
RGD:jco
May 23, 1984.
cc: Mr. F. Obrist
i
'S
FACTS RELATING TO 1966 SEVERANCE OF PARCEL
NOW BELONGING TO OBRIST
1. Prior to May, 1967 , parcels in excess of ten acres did not
require any approval for severance. Severance of parcels
greater than ten acres merely required that the owner
have sufficient documentation for ,legal aspects,
registration and transfer of title. Thus the municipal
body in force at the time (Clarke Township) would have
had no opportunity for comment with respect to the
availability of access to an improved road.
2. Instrument No. 65188, attached hereto, makes reference to
a right-of-way for access from the 6th Concession to the
severed parcel (see underlined section on Page 2).
3. Instrument No. 106648, attached hereto, similarly makes
reference to such right-of-way, and raises interesting
points in paragraphs 3 & 4 on Page 2. These paragraphs
make it evident that both the purchaser and vendor
understood the road allowance between Lots 22 & 23 to be
unopened and not for public travel .
I
R.G. Dupuis.
RGD:j co
June 8, 1984.
Attachments
. 029
Deed—Without Dower
� I
made (in duplicate) the 28th day of January,
one thousand nine hundred and seventy-four.
In VE tw5uance of Zbe 94)ort -forms of Conbepanceg Act j
�BettiJee�t
i
Dy.60urn.m JOHN KEGEL, of the Township of Uxbridge, in the
Co.L,mtl.0
Toronlo.Coned. Regional Municipality of Durham, Assistant Cost
Fo,.104 Accountant, (formerly Town of Weston, County of
York)
hereinafter called the Grantor
of the First Part:
- and -
! I
FRIDOLIN JOHAN OBRIST, Farmer, of the Town of
Newcastle, in the Regional Municipality of
Durham, (formerly Township of Clarke, County of
Durham) , and his wife, LILY ROSE- OBRIST, of the
same place,
hereinafter called the Grantees
of the Second Part: i
- and -
MARGARET KEGEL, wife of the Grantor,
hereinafter called the Party of the Third Part :
itfle55ettj that in consideration of other valuable consideratior,
!
I
and the sum of Two ($2.00)------------------------------Dollars
of lawful money of Canada now paid by the said Grantees to the said
Grantor (the receipt whereof is hereby by him acknowledged),
the said Grantor Do Grant unto the said Grantee s in fee simple,
I as joint tenants and not as tenants in common.
i 2111 anb �&ingular th at certain parcel or tract of land and premises
situate lying and being in the Town of Newcastle in the Regional
Municipalityof Durham formerly in the Township of Clarke in
i County of Durham and being composed of part of the South half c): I.
Lot 23 in the Sixth Concession of the geographic Township of '
Clarke containing by admeasurement 25.25 acres, be the same more
j ! or less, described as follows:
PREMISING that the easterly limit of said Lot 23 has a bear-_a__
I j of North 17 degrees 3,, minutes Best and relating all bearin"s
herein thereto;
j
i
j
X030
i
Deed of Lend
Drr 1 DurA.m
I
COMMENCING at an iron bar marking the North easterly angle of the!
South one-half of said Lot 23, said iron bar distant Northerly I
in the Easterly limit of said Lot 23 thirty-four hundred and
eighty-four and two-tenths feet (3484.2' ) from the South-eastern
angle thereof;
THENCE South 17 degrees 37 minutes East along the Easterly limit
of said Lot 23 a distance of ten hundred and thirty-five and two-i
tenths feet (1035.2') to an iron bar;
I
THENCE South 73 degrees 19 minutes 20 seconds hest a distance of i
twelve hundred and four and three-tenths feet (1204.3' ) to an
iron bar planted in the line of a fence running Northerly said
fence marking the Westerly limit of said Lot 23;
'Pt1ENCE North 17 degrees 42 minutes West along the said fence ;�
distance of ten hundred and seven and seven-tenths feet (1007.7' )i
to an iron bar planted in the line of a fence running Easterly,
said fence marking the Northerly limit of the South one-half of
said Lot 23;
THENCE North 72 degrees 01 minutes East along the said fence a
distance of twelve hundreessnt f
to the point lofy ndredth,
commencement .
(1205.641 ) OT
The hereinabove described lands are shown in heavy outline on I
a map or plan made .by M. D. Brown, Ontario Land Surveyor, which
said plan is dated July 21, 1965. 1
TOGETHER with the use of an existin road running south thraugh
t e Ven ors -prop ert and leadin out to the D o ''
as ong as it ma reasonabl be necessary for the Purchaser to
-have e road a owance betty hotsof2Clar�eto the east of the
lands herein opene
it
I.
I:
as joint tenants and not as tenants in common
TO babe atib tO balb unto the said Grantee s/their heirs and
assigns, to and for them and their sole'and only use for ever. !&ubje(t !
cbcrtt)elrrlg to the reservations, limitations, provisoes and conditions,
expressed in the original grant thereof from the Crown.
i
i
i
I
1051
106646
,MEMORANDUM OF AGREE:, T
made this Twenty-fourth day of February, 1982.
BETWEEN:
ANDRIES (ANDY) HIEMSTRA, of the Town of Newcastle
in the Regional Municipality of Durham, and
PIETJE (PATRICIA) HIEMSTRA, his wife, of the same
place,
K hereinafter called the "VENDORS"
OF THE FIRST PART:
and
FRIDOLIN JOHAN OBRIST, of the Town of Newcastle
in the Regional Municipality of Durham, Farmer, and
LILY ROSE OBRIST, of the same place, his wife,
hereinafter called the "PURCHASERS"
OF THE SECOND PART:
WHEREAS the Vendors and the Purchasers are owners of
adjacent lands in Lot 23 in the 6th Concession of the Geographic
Township of Clarke now part of the Town of Newcastle in the
Regional Municipality of Durham and the Vendors have agreed to sell
to the Purchasers 24.70 acres of the vendors' lands so that
following the completion of the said sale and purchase, the Parties
hereto shall own the following parcels of land:
PARCEL 1 -- containing approximately 28 acres owned by the
Purchasers and being more particularly described in instru-
ment No. 65188 registered February 26th, 1974;
PARCEL 2 -- containing approximately 24.70 acres being pur-
chased by the Purchasers from the Vendors and lying immediately
south of Parcel 1 and being described as Part One on
Plan 1OR 1443;
PARCEL 3 -- containing approximately 43.3 acres being the
remaining lands in the names of the Vendors and more particu-
larly described as Parts 2, 3 and 4 on Plan IOR-1443.
Said parcels being more particularly described in Schedule "A" hereto.
AND WHEREAS the Parties hereto have certain matters in
relation to the use of each other's properties upon which they
wish to confirm their agreement.
NOW THEREFORE in consideration of the premises and the mutual
covenants, terms and conditions hereinafter set out, the Parties
hereto for themselves, their executors, administrators, heirs and
assigns HEREBY MUTUALLY COVENANT AND AGREE with each other as
follows:
1 . The Vendors as owners of Parcel/3 shall have the right
for 3 Years from the date hereof to take water from the pond lo-
. :,ted or Parcel 2 for- their normal farm operations together with
the necessary ac•ce�4= thereto for such purposes provided always
.here r= =ufficient water for use by the Purchasers in their
:rrav opera,; ron-.
1. The I'll rchr,.c•i :rte o,,ner.� of Parcels 7 and ' sha,] ] have
th, r: ch! ano ,•:,ci•rrei;i for :, pc•rioci of 2O Year•r from thc• date here-
. . . . . . . .
• •10 3 '
-2-
of to use the existing roadway running southerly from Parcel 2
through Parcel 3 to the Concession Road between Concessions
and 6 for the purpose of access for planting, spraying and har-
vesting fruit or other crops on Parcels 1 and 2 and provided that
the Purchasers maintain such roadway and exercise their rights
at times that are not inconvenient or objectionable to the Vendors,
3. The Purchasers shall continue their efforts to have the
Town of Newcastle open the road allowance between Lots 22 and 23,
Concession 6 so as to provide access thereover from parcels 1 and
2 to the said Concession Road and the Vendors agree to support
the Purchasers' application and if required, sell and convey such
lands from the south-east corner of Parcel 3 as may be necessary
to open the said road allowances to public traffic.
4. Upon the said road allowance between said Lots 22 and 23
being opened for public travel by the Town of Newcastle, the
rights granted to the Purchasers by paragraph number Three hereof
shall be forthwith terminated.
5. The Vendor shall retain the right to relocate the
existing roadway described in Paragraph 2 herein to such
other location as may be required from time to time.
IN WITNESS WHEREOF the said parties hereto have hereunto
set their hands and seals.
SIGNED, SEALED AND DELIVERED )
IN THE OF
Andries (Andy wHiemstra
-----------
) i
Pietje (Patricia) Hiemstra
Fr1dolin`Johan Obrist I
• i
LilyRose Obrist
i
1033 I
if
/ -
/ Communications Direction* � 1
WHEREAS the currently unimproved roud between Lots 22 and 23 running
i 7 Lh
\ from Concession a to Concession u f e former Township of Clarke in
/
the Town of Newcastle was effectively closed during the 1960 ' s by the
recunstructio,. ; ; u+ the sixth concession and not by an order of
c�unc/ ] , a/`d whe, a~� there is only one road open between Highway
115 -35 and the ieo./"| Huw\unvil ] e road thereby forcing farm machinery
to "se a b"oy pruv/ncj & highway which may constitute a significant
traffic hazard , And whereas the Lurrent condition of the road denies
"cc=ws to . u, \ &/o iondn between the concessions, THEREFORE we the
"//Jersigned petition council to Lake immediate action to bring this
road up io a s\ a"Jord that would permit vehicular traffic between the
aforementioned conc.'ss ' '�ns.
/ ' ~
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y` /�/ c« « `
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'
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C_/ L
0 0 4 4r,
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THE CORPORATION OF THE TOWN OF HE
WCASTLE
• i
-BY,-LAW 84 - 27
being a by-law-to establish a policy for j
unimproved roads in the.Town of Newcastle. .
WHEREAS the Council of the Corporation of the Town of Newcastle deems
j it expedient to-enact a policy with respect to unimproved roads within
the Town of Newcastle;
AND WHEREAS such policy includes a quality standard for maintenance of
unimproved roads; '
I
NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN
OF NEWCASTLE AS FOLLOWS: • _
1. The policy of the Corporation of the Town of
Newcastle for unimproved roads shall be as set
out in Schedule "A", attached hereto.
2. The quality standard for maintenance of '
unimproved roads shall be as set out in
Schedule "8% attached hereto.
By-.law read a first and second time this 13 day of :February 1984.
By-law read a third time*and finally passed this 13 day of February, 1984.
CERTIEtED UNDER THE HAND OF THE
CLERK AND THE SEAL Of THE ���—
CORPORATtOX Of ME 10"Of XCWCASTLE
TO BE A TRUE CM Of iY-Ulw g '�7 Kay Or
Of THE CORP0FAT*k OF THE TCWX Of XEWrX$TLE p(/
( TTD THE '6'^p/Y Of 70
. 0.ta.c th;cs-ntit.r>
— to tc,.«slFtAStu .�t <.. �� �' '.•i!�'-n .
1_ Clerk
ATTACHMENT e JO, 5
t!,@-58—JO
0 .� 5
SCHEDULE "A"
POLICY FOR UNIMPROVED ROADS
T.0
GENERAL
1.1 The road system of the Corporation of the Town of Newcastle shall
be divided into three categories; namely, Improved Public
Streets, 'Unimproved Roads, and Unopened Roads.
1.2 IMPROVED PUBLIC STREETS are streets or roads under the
jurisdiction of the Province of Qntario, The Regional
Municipality of Durham, or the Corporation of the Town of
Newcastle -which are maintained so as to allow snormal vehicular
access to adjacent properties throughout,
year. Maintenance of such roads. will be in accordance with
accepted standards for year round roads.
1.3 Roads where there is evidence that public. fundhave.atas some time
.f
been expended to create, said roads w111 designate
"UNIMPROVED ROADS". Evidence-shall include grading of cuts
g and
fills, grading of ditches, culverts, bridges, placement
over a substantial length of the road and extended.period of
time.
1.4 UNIMPROVED ROADS are located on municipally owned road allowances
where there exists during the summer season, passable sand 0.
gravel roadways that are not fully maintained by the Town 1
throughout the entire year. The standard of maintenance prbvided
shall be consistent with the needs of the traffic normally
expected to use them and shall generally be as specified in
Attachment N 2.
1.5 UNOPENED ROADS are municipally owned road allowances, laid out as
part of the original municipal survey where there is no evidence
of the expenditure of public funds Ntmaintenance same,
will hbegprovided
passable earth trail may exist. No
by the Town on such roads.
116 PRIVATE ROADS are travelled roads located on privately owned
property. In cases where certain private roads have received -
some form-of maintenance by the Town, effective July 1, 1985, any
and all such maintenance shall cease and desist uniess lega•1 and
binding documentary evidence can be produced wherein the Council
of the Town of Newcastle or Council of one of the former
municipalities within the Town of Newcastle has legally agreed to
perform such maintenance. 1 0 3 6
t
2.0 UNIMPROVED ROADS - GENERAL
2.1 The Town will take steps to have all unimproved roads within the
Corporation recognized as "Summer Maintenance Only" roads in the
K Road Needs Study to ensure that appropriate subsidies are
realized from the Ministry of Transportation and Communications.
2.2 As part of the process*in Section 2.1, the Town will.identi.fy a
category of "Unimproved Roads to be Closed" and inventory the
components of same, such roads not being integral to the Town's
existing or anticipated road system.
2.3 The Town shall, by by-law, close when considered.in the interest
of the Municipality as many as possible of the roads identified j
in Section 2.2. The Municipally-owned lands so created will be
disposed of to adjacent land owners at fair market value plus
costs, unless they are considered necessary to..the Town.
2.4 Where requested by owners of land abutting an unimproved road,
the Town may, at. the expense of said owners, close by by-law,
fence,..or fence with -a gate, and grant road occupancy rights to
said land owners.
3.0 MAINTENANCE OF UNIMPROVED ROADS
3.1 Unimproved roads which have been recently maintained by the Town
will continue to be so maintained in accordance with the
standards specified in Attachment # 2.
3.2 Unimproved roads, which have 'not recently been maintained by the
Town, shall not have maintenance performed unless such
maintenance is requested by abutting property owners.
Maintenance on,such roads will be on a demand basis only.
3.3. Maintenance of unimproved roads forming the boundary, between the
Town and an adjacent Municipality will be provided only if agreed
to by that abutting Municipality.
• IVJ /
i
4.0 RECONSTRUCTION OF UNIMPROVED ROADS
4.1.x' The Town shall not perform construction on .private or unopened
roads.
I
4.2 The Town shall not reconstruct an unimproved road unless it is
proven that said road is necessary as an integral transportation
link in the Town's improved road system and is recognized by the
Ministry of Transportation and Communications as being eligible
for reconstruction subsidy.
4.3 Where it is proven that the construction of an unopened or
unimproved road is necessary, such construction will be performed
only'at the expense of others either under a Subdivision
Agreement, the Local Improvement Act or through private.
4 enterprise, provided that the road .so constructed has said
construction approved by the Council of the Town of Newcastle,
meets the Design Criteria and Standards' of the Town and is in
accordance with the provisions of the appropriate Zoning By-law
and Official Plan. "
5.0 CONSTRUCTION OF BUILDINGS ON UNIMPROVED ROADS
5.1 Building permits for buildings to be used on a year round basis
shall be issued in accordance with the Zoning By-laws of the Town
of Newcastle.
5.2 Where an applicant wishes to construct •a building to be used on a
year round basis on an unimproved road, the applicant must
_Y arrange for construction of said road in accordance with the
requirements of Section 4.3 of this policy such that it can be
redesignated as an improved public street..
i
lU38
SCHEDULE "B"
QUALITY STANDARD FOR MAINTENANCE OF.UNIMPROVED ROADS
The major objectives are:
- To prevent the spread of noxious weeds to adjacent properties;
- To provide an adequate road driving surface for farm equipment.
The level of service shall not exceed the following:
1. Noxious weeds shall be sprayed if necessary;
2. Roadside grass shall be cut one swath wide, once per year.
3. Roadside debris and litter 'pickup shall be carried out once per year
immediately prior to mowing;
4. Road surfaces shall be graded twice per year, generally once in the
spring and once in the fall;
S. Ditching improvements and gravel spot resurfacing shall be carried
out only if absolutely required as directed by the Director of
Public Works;
6. Emergency operations such as removal of fallen trees, replacement of
culverts or washout repairs shall be performed when practically
possible after the occurrence.
7. Winter control operations shall not be carried out on unimproved
roads.
I
I
I
i
103 y
� G
_�.b ( -i
Uceu—Without Dower u��
made (in duplicate) the. 28th day of January,
one thousand nine hundred and seventy-four.
3jrt Purfsuonce of Zbe '6fjort SorntI of collbevance.5 act
. z
Dye G Durham
Co.Limited JOHN KEGEL, of the Township of Uxbridge, ,in the
Toronto,Cenade Regional Municipality of Durham, Assistant Cost
Formlto4 Accountant, (formerly Town of. Weston, County of
York)
hereinafter called the Grantor
of the First Part:
- and -
FRIDOLIN JOHAN OBRIST, Farmer, of the Town of
Newcastle, in the Regional Municipality of
Durham, (formerly Township of Clarke, County of
Durham) , and his wife, LILY ROSE OBRIST, of the
same place,
hereinafter called the Grantees
of the Second-, Part:
- and -
MARGARET KEGEL, wife of the Grantor,
hereinafter called the Party of the Third Part:
ItIIC5.qCtf) that in consideration of other valuable consideration
and the stun of Two ($2, 00) ------------------------------Dollars
of la\�'ful money of Canada now paid by the said Grantee s ' to the said
Grantor (the receipt whereof is hereby by him acknowledged),
the said Grantor yao Oralit unto the said Grantee s in fee simple,
as joint tenants and not as tenants in common.
M nub A)IgUlar th at certain parcel or tract of land and premises
situate lying and being in the Town of Newcastle in the Regional
Municipalityof Durham formerly in the Township of Clarke in the
County of Durham and being composed of part of the South half of
Lot 23 in the Sixth Concession of the geographic Township of
Clarke containing by admeasurement 28. 25 acres, be the same more
or less, described as follows :
PREMISING that the easterly limit of said Lot 23 has a bearing
of North 17 degrees 37 minutes West and relating all bearings
herein thereto;
ATTACHMENT NO, 6
8 7 0
I
Deed of Land
I'n.c 2—Dye G Durham
COMMENCING at an iron bar marking the North-easterly angle of the
South one-half of said Lot 23, said iron bar d'istant Northerly,
in the Easterly limit of said Lot 23 thirty-four hundred and,
eighty-four and two-tenths feet (3484.21 ) from the South-easterly
angle thereof;
�I
THENCE South 17 degrees 37 minutes East along the Easterly limit
of said Lot 23 a distance of ten hundred and thirty-five and two-
tenths feet (1035. 21 ) to an iron bar;
THENCE South 73 degrees 19 minutes 20 seconds Nest a distance of
twelve hundred and four and three-tenths feet (1204. 31 ) to an
iron bar planted in the line of a fence running Northerly said
fence marking the Westerly limit of said Lot 23;
THENCE North 17 degrees 42 minutes West along the said fence a
distance of ten hundred and seven and seven-tenths feet (1007. 71 )
to an iron bar planted in the line of a fence running Easterly,
said fence marking the Northerly limit of the South one-half of
said Lot 23;
THENCE North 72 degrees 01 minutes East along the said fence a.
distance of twelve hundred and five and sixty-four one-hundredth
feet (1205. 641 ) more or less to the point of commencement.
The hereinabove described lands are shown in heavy outline on
a map or plan made by M. D. Brown, Ontario Land Surveyor, which
said plan is dated July 21, 1965.
TOGETHER with the use of an existing road running south through
the Vendors' property and leading out to the Durham Side Road for
as long as it may reasonably be necessary for the Purchaser to
have the road allowance between Lots 22 F; 23 to the,,,,east of the
lands herein opened by the Township of Clarke.
as joint tenants and not as tenants in common
To i)abe atib to fjotb unto the said Grantee s/their heirs and
assigns, to and for them and their sole and only use for ever, subject
Peberti)CU s to the reservations, limitations, provisoes and conditions,
expressed in the original grant thereof from the Crown.
1041
�(
I97thout Spousal Consent 10639 �•'' ovE a uoANnM CO.LIMITED
,I FOAM NO. 1.3
I
made in duplicate the 11th day of February
i
one thousand nine hundred and eighty—two
i
�n urttutiltc of tlpe RM1111 T",V ttt, of&11U9Utt11ce,a.pct:
"s. Ct1U1Cit ANDRIES (ANDY) HIEMSTRA, of the Town of Newcastle
in the Regional Municipality of Durham, and
PIETJE (PATRICIA) HIEMSTRA, his wife, of the
same place, as joint: tenants and not as tenants
i
in common
hereinafter called the GRANTORS
OF THE FIRST PART
i
and
FRIDOLIN JOHAN OBRIST of the Town of Newcastle
in the Regional Municipality of Durham, and
LILY ROSE OBRIST, his wife, of the same place,
as joint tenants and not as tenants in common
..f
WRIUBACt[l that in consideration of other good and valuable consideration
and the sum of Two ($2.00) --------------------- Dollars
now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him
acknowledged, he the said Grantor DOTH GRANT unto the said Grantee in fee simple
as joint tenants and riot as tenants in common
THOSE lands and premises located in the following municipality, namely, in the
Town of Newcastle, in the Regional Municipality of Durham
and being composed of that part of Lot 23, in the ,Sixth •Concession
of the geographic Township of Clarke, now designated as
Part 0),t e- on registered plan No. 10R. /'-/y3
put'sttznt in sui,�.rctiht 21 4 certirn
`? ^ �{
.� ,l. . ;e'::,:' is •t .. .., �t t�
. ,. .^ or trane-n Ci1')11 Ci
,)• CE �ili8 COIL?^:1. /)
).:'c:;^.rI ii•.ir.:.�'.u•.y oz_ �- ...,... ..,..N.. ,aat.y-F'fc,.xr f•
ATTACHMENT NO. 7
WD-58-90
042
I' II Drcd—Wilhout Spousal Consent ove a uuRImM co.umirro
� Pang 2(AmendedJuly,1979) FORM NO. z
II I
as joint tenants and not as tenants incom n
TO HAVE AND TO HOLD unto the said Grantec, his heirs, executors, administrators,
successors and assigns to and for their sole and only use forever;
I
SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions
expressed in the original grant thereof from the Crown.
The said Grantor COVENANTS with the said Grantee that lie has the right to convey the
said lands to the said Grantee notwithstanding any act of the said Grantor,
AND that the said Grantee shall have quiet possession of the said lands free from all
encumbrances,
AND the said Grantor COVENANTS with the said Grantee that he will execute such further
assurances of the said lands as may be requisite,
AND the said Grantor COVENANTS with the said Grantee that he has done no act to
encumber the said lands.
AND the said Grantor RELEASES to the said Grantee ALL his claims upon the said lands.
..t
l
PROVIDED that in construing these presents the words "Grantor" and "Grantee" and the pronouns "he", "his"
or "him" relating thereto and used therewith shall be read and construed as "Grantor" or "Grantors", "Grantee"
or "Grantees", and "he", '•'she", "it"or "they", "his", "her", "its" or "their", or "him", "her", "it" or"them",
respectively, as the number and gender of the party or parties referred to in each case require, and the number of the
verb agreeing therewith shall be construed as agreeing with the said word or pronoun so substituted.
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
SIGNED,SEALED AND DELIVERED
In the Presence of
ANDRIES (ANDY) HIEMSTRA
i
PIETJE (PATRICIA) HIEMSTRA
I
�I
Affidavit— Planning Act DYE A DURHAM CO. LIMITED
r,•i,\If\'111.17:I Pull,1.Io,Cll r— NO. ala
f
t t
IN THE MATTER of the PLANNING ACT (as amended)
AND IN THE MATTER of the TITLE TO Part Lot 23, Concession 6
Town of Newcastle, now designated
as Part on Plan 1OR
Deed,Mortgage,
Sale,Les,etc. IN THE MATTER OF A Deed
Sale,Lease,etc.
THEREOF, FROM ANDRIES (ANDY) HIEMSTRA and PIETJE (PATRICIA)
HIEMSTRA
TO FRIDOLIN JOHAN OBRIST and LILY ROSE OBRIST
DATED February 11th 1982 .
I, ANDRIES (ANDY) HIEMSTRA
of the Town of Newcastle in the
Regional Municipality of Durham
MAKE OATH AND SAY AS FOLLOWS:
To he made 1. I am one of the Grantors
by One or the
partle..s or named in the above mentioned Instrument, and have knowledge of the matters hereinafter
by his solicitor sworn.
2. A consent under Section 29 of the Planning Act,as amended,in respect of the said Instrument is
not required because
uelC1C
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1C The Land Division Committee consent to this conveyance
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"`P1 has been granted.
it anv
SWORN before me
at the City of Oshawa
in the Regional Municipality
of Durham
this !," ANDRIES (ANDY) IIEMSTRA
day of February 1982
1066/ 6 �U6
MLMORANDUM OF AGREEML.NT
made this Twenty-fourth day of February, 1.982.
BETWEEN :
ANDRIES (ANDY) HIEMSTRA, of the Town of Newcastle
in the Regional Municipality of Durham, and
PIETJE (PATRICIA) HIEMSTRA, his wife, of the same
place,
hereinafter called the "VENDORS"
OF THE FIRST PART:
and FRIDOLIN ,JOHAN OBRIST, of the Town of Newcastle
in the Regional Municipality of Durham, Farmer, and
LILY ROSE OBRIST, of the same place, his wife,
hereinafter called the "PURCHASERS"
OF THE SECOND PART:
WHEREAS the Vendors and the Purchasers are owners of
adjacent lands in Lot 23 in the 6th Concession of the Geographic
Township of Clarke now part of the Town of Newcastle in the
Regional Municipality of Durham and the Vendors have agreed to sell
to the Purchasers 24.70 acres of the vendors' lands so that
following the completion of the said sale and purchase, the Parties
hereto shall own the following parcels of land:
PARCEL 1 -- containing approximately 28 acres owned by the
Purchasers and being more particularly described in instru-
ment No. 65188 registered February 26th, 1974;
PARCEL 2 -- containing approximately 24.70 acres being pur-
chased by the Purchasers from the Vendors and lying immediately
south of Parcel 1 and being described as Part One on
Plan 1OR 1443;
PARCEL 3 -- containing approximately 43.3 acres being the
remaining lands in the names of the Vendors and more particu-
larly described as Parts 2, 3 and 4 on Plan 1OR-1443.
Said parcels being more particularly described in Schedule "A" hereto.
AND WHEREAS the Parties hereto have certain matters in
relation to the use of each other's properties upon which they
wish to confirm their agreement.
NOW THEREFORE in consideration of the premises and the mutual
covenants, terms and conditions hereinafter set out , the Parties
hereto for themselves, their executors, administrators, Heirs and
assigns HEREBY MUTUALLY COVENANT AND AGREE with each other as
follows:
1 . The Vendors RB owners of Parcel/3 shall have the right
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for 3 years from the date hereof to take water from the pond lo-
cated on Parcel 2 For their normal farm operations together with
the necessary access thereto for such purposes provided always
there is sufficient water for use by the Purchasers in their
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spray operations.
2. The Purchasers as owners of Parcels 1 and 2 shall have
the right and easement for a period of 20 years from the date here-
1045
ATTACHTNT NO, 8 VD-50-90
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z
of to use the existing roadway running southerly from Parcel 2
through Parcel 3 to the Concession Road between Concessions 5
and 6 for the purpose of access for planting, spraying and har-
vesting fruit or other crops on Parcels 1 and 2 and provided that
the Purchasers maintain such roadway and exercise their rights
at times that are not inconvenient or objectionable to the Vendors.
3. The Purchasers shall continue their efforts to have the
fawn of Newcastle open the road allowance between Lots 22 and 23,
Concession 6 so as to provide access thereover from parcels 1 and
2 to the said Concession Road and the Vendors agree to support
the Purchasers' application and if required, s;011 and convey such
lands from the south-east corner of Parcel 3 as may be necessary
to open the said road allowances to public traffic,
4. Upon the said road allowance between said Lots 22 and 23
being opened for public travel by the Town of Newcastle, the
rights granted to the Purchasers by paragraph number 'Three hereof
shall be forthwith terminated.
5 . The Vendor shall retain the right to relocate the
existing roadway described in Paragraph 2 herein to such
other location as may be required from time to time.
..t
IN WITNESS WHEREOF the said parties hereto have hereunto
set their hands and seals.
SIGNED, SEALED AND DELIVERED )
IN TH E ERESENCE OF
Andries (Andy Hiemstra
Pietje (P tr.icia Hiemstra
/ /� ) �Fridolin Johan Obrist
�/l Z� L ' / / Jl
L.. Al/ /: .,
Lily/Rose Obr.ist
I�!
1046
SCHEDULE "A"
ALL AND SINGULAR those certain parcels or tracts of lands and
premises situate lying and being in the Town of Newcastle in the
Regional Municipality of Durham and formerly in the County
of Durham, and being part of Lot 23 in the Sixth Concession of
the Geographic Township of Clarke, more particularly described
as rollows;:
PARCEL 1 -- that part of said Lot 23 containing by admeasurement
28.25 acres, be the same more or less, described as follows:
PREMISING that the Easterly limit of said Lot 23 has a bearing of
North 17 degrees 37 minutes west and relating all bearings herein
thereto;
COMMENCING at an iron bar marking the north-easterly angle of the
south one-half of said Lot 23, said iron bar distant northerly in
the Easterly limit of said Lot 23, 3,484. 2 feet from the south-
cast-erl,y angle thereof;
THENCE South 17 degrees 37 minutes east along the easterly limit of
said Lot 23 a distance of 1,035 .2 feet to an iron bar;
THENCE South 73 degrees 19 minutes 20 seconds west a distance of
1,204.3 feet to an iron bar planted in the line of a fence running
northerly said fence marking the westerly limit of said Lot 23;
THENCE North 17 degrees 42 minutes west along the said fence a dis-
tance of 1,007.7 feet to an iron bar planted in the line of a fence
running easterly, said fence marking the northerly limit of the
south one-half of said Lot 23;
THENCE North 72 degrees O1 minutes cast along the said fence a dis-
tance of 1,205 .64 feet more or less to the point of commencement.
Said lands being shown in heavy outline on a plan attached to
instrument No. N27658 registered October 26th, 1965 ,
PARCEL 2 --
That part of said Lot 23 containing by admeasurement 29;,,,70 acres,
be the same more or less, now designated as Part One on registered
Plan No. IOR-1443.
PARCEL 3 --
That part of said Lot 23 containing by admeasurement 43.185 acres,
be the same more or less, now designated as Parts 'Two, Three and
Four on registered Plan No. 1OR-1443.
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