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HomeMy WebLinkAboutWD-62-90 TOWN OF NEWCASTLE -� REPORT File Res. # By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JULY 9, 1990 REPORT #: WD-62-90 FILE #: CT: ENCROACHMENT IN THE HAMLET OF KENDAL LOT 6, BLOCK "T", MILL STREET AND QUEEN STREET RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-62-90 be received; 2 . THAT Mr. W. Kay Lycett be advised that Council will pass a by-law to permit the encroachments onto Mill Street and Queen Street, Kendal, as illustrated on Attachment No.2 of Report WD-62-90, upon receipt of a registered reference plan illustrating the encroachments . 3 . THAT the by-law be registered on title; 4 . THAT the applicant pay the cost of registering the by-law on title; and 3 . THAT a copy of Report WD-62-90 be forwarded to Mr. W. Kay Lycett. ------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS Attachment No. 1: Correspondence dated June 28, 1989, from Mr. W. Kay Lycett Attachment No. 2 : Key Map j REPORT NO. : WD-62-90 PAGE 2 2.0 BACKGROUND 2 . 1 At a regular meeting held on June 26, 1989, Council passed the following resolution: "THAT the correspondence dated June 28, 1989, from W. Kay Lycett, Solicitor for Steven Robert Childs, requesting the Town of Newcastle to pass a by-law for an encroachment onto Queen Street in the Hamlet of Kendal be received; THAT the correspondence be referred to the Public Works Department for the preparation of a report to be forwarded 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 dwelling on this property is located on Mill Street and Queen Street in Kendal and was constructed in the year 1900. Portions of the building encroach onto the Queen Street and Mill Street road allowances (Attachment No.2) . 3 .2 There are no plans to reconstruct Queen Street or Mill Street in the five year forecast. At this time the Public Works Department does not anticipate any changes to the existing conditions on Queen Street and Mill Street, and have no plans to utilize the lands on which the encroachments exist. The road allowance is 15.24 m (50 .0 feet) wide and the pavement is 4 .5 m ( 14 . 8 feet) wide. Drainage is by means of open ditches with culverts at the entrances to the houses . �� ; � . . .3 REPORT NO. : WD-62-90 PAGE 3 4.0 CONCLUSION AND RECOMMENDATIONS 4 . 1 From the above it can be concluded that the encroachment will not interfere with any future plans for reconstruction of Mill Street or Queen Street. 4 .2 That Mr. W. Kay Lycett be advised that Council will pass a by-law to permit the encroachement onto Mill Street and Queen Street, Kendal, as illustrated on Attachment No.2 of Report WD-62-90, upon receipt of a registered reference plan illustrating the encroachments. 4 .3 That the by-law be registered on title; 4 .4 That the applicant pay the cost of registering the by-law on title; and 4 .5 That a copy of Report WD-62-90 be forwarded to Mr. W. Kay Lycett. Respectfully submitted, Recommended for presentation to the Committee, ------------------------ - - --- - ------------------ Walter A. Evans, P.Eng. , Lawrenc E. Kotseff, Director of Public Works Chief A� 'nistrative Officer BM*WAE*llv June 25, 1990 Attachments W. Kay Lycett, Q.C. Barrister, Solicitor, Notary Etc . Box 87 4301 Main Street Orono, Ontario LOB 1M0 TELEPHONE(416)883.5007 (416)983-8159 MLXt� Et, p elicitor, Notarg �tt. FAX(416)983-9022 BOX 87,5301 MAIN ST., ORONO,ONTARIO LOB 1 MO June 28th, 1989 i �:, Clerk, Town of Newcastle, JUL �ygg 40 Temperance Street, Bowmanville, Ontario ; 5 z� L1C 3A6 ri �;rte.,••., ;3 z;;�:i c:•s-;��_..1s Dear Sir: 4� Re: Lot 6, Block "T", North side Mill Street, William Murdock's Plan, .Kendal I am the solicitor for Steven Robett Childs and Darlene June Childs who recently purchased property as above referred to in the hamlet of Kendal as is evidenced by' their deed, a copy of the first page of which we enclose for your information. There is also a survey of this property prepared by Merrill D. Brown Ltd. dated March 28th, 1979 which shows the building on the property extending out on to Queen Street in two places and it is my understanding that this building being ,so old was probably erected before the street was opened. The survey also indicated that the roofed steps fronting on Mill Street also extend into this street. My clients have requested me to request the Town of Newcastle for the appropriate by-law allowing these encroachments as shown for the lifetime of the building and I .trust you will give this your consideration and advice to me as soon as possible. Yours truly, W: yc`e ATTACHMRIT NO, 1 M-6?-90 WKL:seb Enc. c.c. Mr. & Mrs. Steven Childs 0 •I 0 vrl Ontarlo Form 1-Lend Registration Reform Act.1984 (1)Registry © Land Titles❑ (2) Page 1 of 2 pages t ` (�(]� (3) fly Block Property Id fler(s) Add Prope itional: See Schedule ❑ j (4)Consideration ONE HUNDRED AND TWENTY-SEVEN THOUSAND, NINE I J HUNDRED-----------------(00/100)Dollars MAR 31 2 42 PM '89 p (5)Description This Is a: Property Property j W `� �11v^n ,N Division El Consotidalion ❑ w No.to �tGf�Lf."_'�+rf Part of Lots 9 and 10r Concession 61 described as Lot LL 0"1WNl %.vRtE UN, CI G!STR a 6, Block T, according to Wiliam Murdock P.L.S. Plan LL of the Village of Kendal, in the Town of Newcastle, New Property Identifiers rY Additional: in the Regional Municipality of Durham, Formerly in LL Sea ❑ the Township of Clarke, in the County of Durham, Executions Schedule Additional: See El (6)This (a)Redescription (b)Schedule for: (7) InleretVEel61e Transferred Document New Easement Additional ❑ Fee Simple Contains Plan/Sketch ❑ Description❑ Parties ❑ Other (8)Transferor(-)The transferor hereby transfers the land to the transferee and certifies that the transferor Is at least eighteen years old and that We,Ore,apouaea of. one.another.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature Name(-) Signatures: .. . . . . . . . . . . . . . . . . . . . . . . Y M �D/ „ DeJONGEi John , , . ��89, .�� . (126 „ DeJONGE. . . . . . . Veronica G%CX . . . . , 19;39. .iQ3. As,Joint Tenants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . (9)Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Names) Signature(s) Y M I D . . . . .�. . 1. . (10)Transferors)Address for Service (11)Transferee(s) Date of Birth D , . . . . , . , . . . . , . . . x1953, , 05 �12. . „ CHILDS� Darlene,Ju". . . . . . . . . . . . . . . . . . . . . . . . . . . . 1955. .12, 16. . As,JPintr Tenantp, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , „ . , .. (12)for Services )Address 48 Mill Street, Kendal, Ontario LOA lEO (13)Transferor(- The translator verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 49 of the Planning Ac�,1963. Date of Signature Date of Signature Y M II D Y I M , D Signature. , . . . . , , , , L . . . , .f. . . !. . . I Signature. . . . . . . . . . . . , . . , . . . . 1. . Solicitor for Transleror(s)I have explained the effect of section 49 of the Planning Act,1983 to the translator and I have made Inquiries of the transferor a to determine that this transfer does not contravene that section and based on the Information supplied by the Iransferor,to the best of my knowledge o and belief,this transfer does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature H Name and , Y M D a Address of I 1 O Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .i. . . .�. . . . I (14)Solicitor for Transferee(s)I have Investigated the title to this land and to abutting land where relevant and I am satisfied that the title records n reveal no contravention as set out In subclause 49(216)(c)(If)of the Planning Act,1983 and that to the best of my knowledge and belief this transfer does not contravene section 49 of the Planning Act 1963.1 act independently of the solicitor for the transferor(s)and I am an Ontario solicitor In good standing. a yb= Nameand Dale of Signature x�e Address of Y M D <u2 Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . I. (15)Assessment Roil Number Cy. 1 Mun.l Map 04Sub. Par. i } Fees and Tax of Property 18 117i 030 0 08200 ' 18 Municipal Address of Pro p Registration fee r� ( ) party (17)Document Prepared by, w Land Transfer Tax 48 Mill Street, William Brown �( Kendal, Ontario, Barrister & Solicitor vj LOA 1E0 68 King Street East �LLI tn Bowanviile, Ontario o' LIC 3X2 °j Total Newsome and Gilbert,Limited I U I Agri Form LF1327(1/85) r� V 7 4 W W SUBJECT D PROPERTY Cy BLOCK 'T' LOT 6 PORTION OF DWELLING ENCROACHING 1.4 m x 11.0 m 2 STORY DWELLING PORTION OF DWELLING ENCROACHING 2.3m x 2.7 m PORTION OF DWELLING ENCROACHING 1.8 m x 5.3 m MILL ST. REG. RD. 9 4 KENDAL ti N VI j MONcK v y STREET SUBJECT SITE wit srR 0 Y WgTfR v � STR&rr c� uj DATE: JUNE 1990 DRAWN BY= D.G. li A=A I I A Hi ANT NO, 2 KEY MAP -62-90 • 0 %