HomeMy WebLinkAboutWD-63-90 V
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Mlu TOWN OF NEWCASTLE
REPORT File # !z �'/j/�
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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.
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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.
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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,
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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
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THE LAW FIRMI OF. '
BACMROGNAC
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PLEASE REPLY TO MIDLAND OFFICE !
April 24, 1990
The Corporation of the Town of Newcastle
40 Temperence St.
Bowmanville, Ontario
L1C 3A6
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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
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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
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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
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CLERK
AI TATIENT NO, 3
t1D-63-9J
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