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HomeMy WebLinkAboutWD-63-90 V J Mlu TOWN OF NEWCASTLE REPORT File # !z �'/j/� Res. #L2 �7,-4­2 9() By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: July 9, 1990 REPORT #: WD-63-90 FILE #: SU&JECT• DEDICATION OF PUBLIC HIGHWAY PART 9, PLAN 1OR-2471 PART LOT 10, CONCESSION 1 - FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-63-90 be received; 2 . THAT a By-law be passed to dedicate Part 9 of Plan 1OR-2471 as public road allowance and that the Mayor and Clerk be authorized to execute said By-law; and 3 . THAT H. Deane Ewart be advised of Council's decision and that he be provided with a copy of this report. --------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Correspondence dated April 24, 1990, from Mr. Deane Ewart No.2 : Detail Map No.3: By-law 2.0 BACKGROUND 2 . 1 Attached is a copy of a letter from Mr. Deane Ewart, B.A. , LL.B. , Barrister, (Attachment No. 1) requesting that the road widening described as Part 9 of Plan 1OR-2471 be dedicated as public road allowance. i i REPORT NO. : WD-63-90 PAGE 2 2 .2 The purpose of Mr. Ewart's request is to provide clear and unobstructed access to his client's property. 2 . 3 The subject property is located in the former Town of Bowmanville, on the north side of Baseline road and east of Liberty Street (Attachment No.2) . This property was created by Site Plan Dev. 86-75 . 2 .4 As a result of the Site Plan Application procedure the applicant was to fulfill a number of conditions, one of which was to deed to the Town, Part 9 of Plan 1OR-2471 as a road widening. The conditions of Site Plan approval have been satisfied and it is now appropriate to dedicate the road widening as a public highway. 3.0 RECOMMENDATION 3. 1 It is, therefore, recommended that the road widening being Part 9 of Plan 1OR-2471 be dedicated as public highway and that the Mayor and Clerk be authorized to execute said by-law. Respectfully submitted, Recommended for presentation to the Committee, "--/----------------------- --r �- -; ----------------- Walter A. Evans, P.Eng. , Lawrence E. Kotseff, Director of Public Works . Chief Admijstrative Officer. JRM*WAE*llv May 22, 1990 Attachments cc: Mr. H. Deane Ewart, B.A. , LL.B. Hacker Gignac Rice Barristers & Solicitors 518 Yonge Street Box 518 Midland, Ontario L4R 4L3 i THE LAW FIRMI OF. ' BACMROGNAC ,r J PLEASE REPLY TO MIDLAND OFFICE ! April 24, 1990 The Corporation of the Town of Newcastle 40 Temperence St. Bowmanville, Ontario L1C 3A6 y Attention: Larry Taylor, Planner Dear Sir: - Re: Dondeb Construction Co. Limited Liberty/Baseline Condominium Apartment Project Our File No. E04.475.098 It has recently come to my attention that the Town had intended to take a road widening strip at the Baseline Road frontage. This property was surveyed as part 9 on the Development Reference Plan but the request was never made. Dondeb Construction has recently executed a deed for part 9 in favour of the Town and two executed copies are enclosed along with partially completed Land Transfer Tax Affidavits. My understanding is that the giving of this deed will not affect the legality of the zoning of the Project - the property will continue to haye all of the required frontage, coverage, area, setbacks, etc. If this is not the case, the deeds should be returned to me immediately. I understand as well that a by-law will be passed assuming part 9 and dedicating same as a public roadway. If this is not the case, then in order that the property might continue to have road frontage on Baseline Road, the deeds should be returned to me. ATTArzCH�nIE�NT NO, 1 FREDERICK W.HACKER,Q.C. MIDLAND OFFICE: IND—U3-90 JOHN L.GIGNAC,B.A.,LL.B. 518 YONGE STREET, BOX 518, MIDLAND, ONTARIO L4R 41_3 GREGORY A.RICE,B.A.,LL.B. Telephone(705)526.2231 Fax(705)526.0313 H.DEANE EWART,B.A.,LL.B. LYNN A.BURGESS,B.A.,LL.B. PENETANGUISHENE OFFICE: CHRISTINE A.MANNERS,B.A.,LL.B. 10 ,J142 MAIN ST.,BOX 599,PENETANGUISHENE,ONTARIO LOK 1PO PETER J.HARTE,B.A.,M.A.,LL.B. Telephone(705)5493114 Fax(705)549.4415 I I I I i 2 I ( i i Would you please let me have a photocopy of the registered deed showing registration number and other particulars when the document has been registered. Thank you very much. Yours very truly, HACKER GIGNAC RICE H. Deane Ewart HDE/jo Encl. 10 / 6 i ednntueenuen®neeeee W Ld U) IOR-2471 m ,1 3.05m ROAD WIDENING PART 9 BASELINE ROAD PARK ST. I SUBJECT ---=� ANN SITE ST W x PINE L N ST. N I� BASELINE ROAD E. Y W ~ Z W y Q HIGHWAY NO. 401 \ -90 r TF-T--c, KEY MAP FATEcHMENT N0. 2 0 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 90- Being a by-law to dedicate certain lands as public highway in the Town of Newcastle, Part of Lot 10, Concession 1, former Town of Bowmanville. 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 Town of Bowmanville, 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 Lot 10, Concession 1, of the former Town of Bowmanville, now within the limits of the Town of Newcastle, Regional Municipality of Durham, more particularly described as Part 9 on Registered Reference Plan 1OR-2471, deposited in the Land Registry Office of the Registry Division of Newcastle (No.10) , on February 16, 1987. 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 I CLERK AI TATIENT NO, 3 t1D-63-9J I i I 108