HomeMy WebLinkAboutWD-42-89 TOWN OF NEWCASTLE
File # I
Res. #a
" — '#. - By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: April 17, 1989
REPORT #: WD-42-89 FILE #:
SIJ&ECT: TRUCK TRAFFIC ON TYLER STREET - MITCHELL CORNERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report WD-42-89 be received; and
2. THAT the Town enter into an agreement with Mr. Ross McMaster to provide
for the following:
1. THAT the Town construct an entranceway from Courtice Road into
the McMaster Farm, at no cost to Mr. McMaster, as illustrated
on Attachment No.l to this report; and
2. THAT Mr. McMaster dedicate sufficient land, at no cost to
the Town other than survey and legal costs, to enable the
Town to constuct turn-around circles at the east end of .
Tyler Street and Bradley Street, as illustrated on
Attachment No.2 to this report; and
3. THAT the Town enclose the turn-around circles with farm type
fence.
.. .2
1033
REPORT NO.: WD-42-89 PAGE 2
----------------------------------------------------------------------------------
3. THAT the Region of Durham be requested to pay 50% of the estimated cost
of $40,000 to construct an entrance and laneway from Courtice Road to
the MacMaster Farm; and
4. THAT a copy of this report be forwarded to Mr. W.A. Twelvetrees, P. Eng.,
Commissioner of Works for Durham Region, Mr. R. McMaster, R.R. #1,
Hampton, Ontario, LOB 1JO, Mr. R. Klosinski, Box 102, R.R. #1, Hampton,
Ontario, Mr. F. Macko, Group 1, Box 107, R.R. #1, Hampton, Ontario, LOB 1JO,
and the other residents on Tyler Street.
---------------------------------------------------------------------------------
1.0 ATTACHMENTS
No. 1: Drawing showing the location of Tyler Street, the McMaster
Farm, Taunton Road and Courtice Road.
No. 2: Drawing showing the property required by the Town at the east
end of Tyler Street and Bradley Street.
No. 3: Letter dated November 21, 1988 from Mr. David Sims.
No. 4: Form of Agreement between the 'Town of Newcastle and Ross McMaster.
2.0 BACKGROUND
2.1 Mr. Klosinski and Mr. Macko who live on Tyler Street, appeared as a delegation
at the regular meeting of the General Purpose and Administration Committee
held on May 6, 1988.
2.2 Mr. Klosinski and Mr. Macko were very concerned about the safety of the
children on Tyler Street because of the numerous large trucks and farm
equipment which use Tyler Street to enter and leave the McMaster Farm.
2.3 As a result of the delegation the Committee passed Resolution #GPA-368-88:
"THAT Mr. Klosinski's delegation be acknowledged;
AND THAT Mr. Klosinski's concerns be referred to the
Director of Public Works for review and recommendations;
AND FURTHER THAT Mr. Klosinski be advised of Council's
decision."
3.0 THE EXISTING SITUATION
3.1 Tyler Street (See Attachment No.l) is a residential street which
dead-ends at the east limit of the street, Also, the east limit
of Tyler Street is adjacent to the west limit of the McMaster Farm.
3.2 The 'Town owns a one foot reserve at the east limit of Tyler Street.
3.3 The farming operation at the McMaster Farm is such that large trucks
and farm equipment enter and leave the farm on a regular basis.
1034
. . .3
/
BEIY}B'r NO~: V0]-42-89 PAGE 3
________________________________________________________________________________
3"4 There are two entrances into the McMaster Farm from Regional BDnd #4
(Taunton Road) . These entrances, which are located on a hill,
have very poor visibility for east bound traffic on Taunton load. .. .3
4.0 SOME HISTORY
4.1 On February 6' 1981' the Public Works Committee passed the following
Resolution:
"THAT the Town of Newcastle grant Mr. Ross McMaster
permission in the form of a license to cross over the
one foot reserve on Tyler Street, Mitchell's Corners, '
for so I000 as be is the cwazec of the property located
thereby and on condition that no aooeao is made from
said property onto Taunton Road (Regional Road #4) ."
4.2 From February 6' 1981, to the present time there have been several attempts
to resolve the concerns of the residents of Tyler Street and the m000eruo
of Mr. McMaster.
5~0 THE PROBLEM
5.1 The problem is that the use of Tyler Street by Mr. McMaster with heavy
trucks and farm equipment oceabaa oezimoo couoezuo for the residents of
Tyler Street for the safety of their children and the use of the entrances
onto Taunton Road creates serious safety problems for eastbound traffic
on Taunton Road.
6.0 ALTERNATIVES
6^I Following are four alternatives to deal with the problem:
I. The reconstruction of Tyler Street is scheduled for 1992.
The use of barrier type curb and gutter and the construction
of sidewalks on both sides of Tyler Street would provide o
considerable improvement to the safety of pedestrians on
Tyler Street.
2. Fence off the east limit of Tyler Street to force Mc. McMaster
to use the entrances onto Taunton Road.
3. Reconstruct Taunton Road to improve the visibility for east bound
traffic with respect to the entrances to the McMaster Farm; and
4. Construct a new entrance to the McMaster Farm from Cooctioe Road
(see Attachment 00.1) and closed the east end of Tyler Street
to prevent vehicles leaving and entering the McMaster Farm via
Tyler Street.
...4
i U A Z ��
| � �
REPORT NO.: WD-42-89 PAGE 4
--------------------------------------------------------------------------------
6.2 Alternative 1 will alleviate the concerns for the safety of pedestrians
on Tyler Street, but will not solve all the concerns with regard to
safety and other concerns such as noise, mud, dust, etc.
Alternative 2 will only transfer the safety problem to Taunton Road.
Alternative 3 will improve the visibility for eastbound traffic relative
to the entrance onto Taunton Road. However, the estimated cost of this
alternative is $400,000.
Alternative 4 will provide a safe entrance and exit to the McMaster Farm
and will solve the concerns of the residents on Tyler Street. The
estimated cost for this alternative is $40,000.
7.0 CONCLUSION
7.1 From the above review of the four alternatives, it is concluded that the
best alternative is Alternative 4, the construction of a new entrance
and laneway onto Courtice Road at an estimated cost of $40,000.
7.2 Since the source of the problem on Tyler Street is the poor visibility
for eastbound traffic on Regional Road 4 (Taunton Road) , it is recommended
that the Region be asked to pay half the cost of the construction of the
entrance and laneway from Courtice Road to the McMaster Farm.
8.0 TURN-AROUND CIRCLES AT THE EAST END OF TYLER STREET AND BRADLEY STREET
8.1 The proposal to construct a new entrance and laneway into the McMaster
Farm has been discussed in detail with Mr. McMaster and he has agreed to
execute an agreement in the form attached to this report (Attachment N0.4) .
8.2 In addition to the construction of the new entrance by the Town,
Mr. McMaster has agreed to dedicate to the Town, at no cost to the Town
other than legal fees and survey costs, sufficient land to construct
turn-around circles at the east end of Tyler Street and Bradley Street
(Attachment No.2) .
8.3 Provision has been made in the 1989 Capital Budget for the Tbwn's share
of the cost of constructing the new entrance and laneway and for
constructing the turn-around circles.
9.0 WORK ON PRIVATE PROPERTY
9.1 Under most circumstances, it is not legal for the Town to spend public
funds on private property. Attachment N0.3 is a letter from our solicitor,
Mr. David Sims, which states that in these circumstances, the Town does
have the authority under Section 113 of the Municipal Act to pay for the
construction of the laneway on the McMaster Farm.
5
1036
' .
IDEIY}RT 0O^: WD-43-89 PAGE 5
________________________________________________________________________________
I0.0 REGION OF DURHAM PARTICIPATION
10°I This report has been reviewed with staff of the Region of Durham works
Department who have indicated that they are prepared to recommend that
the Region share in the cost of the cr)uotrmztinm of the entrance and
laoeway on a fifty-fifty basis.
lI°0 RECOMMENDATION
11.1 It is, therefore, recommended that;
I. The Town mooatzoot u new entrance and Iaueway into the McMaster
Farm as illustrated on Attachment No.l;
2. The Region of Dozbnm be asked to abuce the cost, on a fifty-fifty
basis, for the construction of the entrance and driveway;
2. Mc. McMaster grant to the Town, for the sum of two (%) dollars,
sufficient laud to construct turn-around oiznIea at the east
end of Tyler Street and Bradley Street and that the Town
construct farm type fences to enclose the turn-acouudo; and
4. That a copy of this report be forwarded to Mr. W.A. 9welvetcema, P. Eng.,
Commissioner of Works for Durham Region, I05 Om000meza Drive, Whitby,
Ontario, Ll0 lC4' Mr. R. McMaster, R.R. #l' Hampton, Ontario, LOB IJO»
Mr. R. KIooiuohiv Box IO2, R.R. #I, Hampton, Ontario, LOB IJ0'
Mr. F. Maokm, Group l, Box 107, B.D. 31, Hampton, Ontario, and the
other residents on Tyler Street.
�
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P. Eng. , Lawce Kotoetf,
Director of Public Works. Chief AdmiAistcative officer.
WAE*lIv
March 8, 1989
Attachments
^ 037
COUP FICE F?0 MCGIONAL R0. 3
.• ---• -
......................... ..........................
\ a
• PROPO LANEWAY
r
J ■
■
•
o mcm
Lu FAR
: .�.
o o S
o *
r
■
■
'• �.... ............ ,PROPERTY UN ....... .
R
w
M
Y
►r
M
K
w �
r �
w w
r z r U) r }
O �v w
w d
r } CD
� � M
r PI
"-� V) r r ly N 1+
co TRULLS Ra ATTACHMENT NO. I
_ WD-42-89 O METERS i
SOLE I. 4000 ( 1 t
1038
TYLER ST.
McMASTER FARM
STREET UNE
E
O E
N CD
N
STREET LINE
25M
PROPERTY UNE
BRADLEY ST. McASTER FARM
E UN
E
E
O c0
N N
�TRECT LINE
25M
PROPERTY UNE
ATTACHMENT X10,2
WD-42-39
SCALE: 1:500 DRAWN : B.M.
d µ MARCH 9, 1989
III
SIMS BMDY & MCMACKIN
BARRISTERS SOLICITORS
November 21 , 1988
Mr. Walter Evans , P. Eng.
Director of Public Works '
Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mr. Evans :
Re: McMaster-Hill
You asked me whether the Town of Newcastle could contribute
to the construction of a laneway on the McMaster private
property without contravening The Municipal Act.
The purpose of the laneway is to alleviate a very serious
traffic hazard on Taunton Road related to the McMaster
entrance ways . I understand that even if the grade on
Taunton Road were reduced at very considerable expense the
hazard would only be minimally reduced. Accordingly, you
have concluded that the most functional and economical
alternative is the proposed laneway. The construction or a
contribution to the construction of the laneway would
constitute a grant under The Municipal Act. Section 113 of
The Municipal Act, R. S . O. 1980 , c . 302 authorizes council of
every municipality to make grants as the council considers
expedient for any purpose that, in the opinion of council, is
in the interest of the municipality. Given the background of
this particular, situation there is little question that if
council wishes to proceed with the laneway it is authorized
to do.
Should y u have any questions please do not hesitate to get
Jd h with me .
t uly,
TOWN 0 N V'J CASTLE
PUBLIC V ORK"S DEPARTMENT
D. Sims R ECEIVED NOV 2 4 1988
ATTACHMENT NO , 3
1040 WD-12-89
i
DATED: April 1989
B E T W E E N :
THE CORPORATION OF THE TOWN OF NEWCASTLE
AND-
ROSS ALEXANDER MCMASTER and CHERYL
DIANNE METCALF
A G R E E M E N T
SIMS BRADY & McMACKIN
Barristers and Solicitors
117 King Street
Whitby, Ontario
L1N 5S4
David J. D. Sims
668-7704
ATTACHMENT NC ,4
WD-42-39
1041
THIS AGREEMENT made this day of April, 1989.
B E T W E E N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter referred to as the "Town"
OF THE FIRST PART
-and-
ROSS ALEXANDER MCMASTER AND
CHERYL DIANNE METCALF,
herinafter referred to as the "Owners"
OF THE SECOND PART
WHEREAS the parties hereto wish to alleviate a potential traffic hazard
caused by the ingress and egress of farm equipment and related vehicular
traffic from the Owner's property being part of Lots 28 and 29, Concessions
4 and 5, in the former Township of Darlington upon Regional Road No.14,
(Taunton Road) .
AND WHEREAS the Owners are the registered owners of the property more
particularly described in Schedule "A" attached hereto and hereinafter
referred to as the "Property".
AND THEREFORE IN CONSIDERATION OF TWO (2) DOLLARS and other good and
valuable consideration the parties hereto agree as follows:
1042
i
1. The Corporation of the Town of Newcastle shall construct an
entrance way and laneway at its sole expense on the property which
laneway shall be located as more particularly shown on Schedule "B" .
2. The laneway shall be constructed to the standards shown on
the "Typical X-Section for McMaster Entrance" on Schedule "B" .
3. After construction the entrance and laneway shall not be deemed
to be a public highway, notwithstanding the expenditure of public
funds and the Town shall not be required to maintain or repair the
lane.
4. The McMasters hereby covenant and agree to convey at no cost
to the Town the lands and premises more particularly shown in
Schedule "C" hereof, which lands are intended to by used as turning
circles for Tyler and Bradley Streets, respectively.
5. The lands and premises more particularly described in Schedule "C"
shall be bounded by 1 foot reserve which shall not be dedicated
for highway purposes and which shall preclude ingress and egress to
Tyler and Bradley Streets, respectively.
6. This agreement shall be conditional upon the Regional Municipality
of Durham agreeing to pay one-half of the estimated cost of the
construction of the entrance and laneway, more particularly shown in
Schedule "B" . This condition shall be for the benefit of the Town of
Newcastle and may be waived by it.
In) 43
i
i
7. The Town shall bear all costs of engineering, surveying and
legal costs to give effect to this agreement.
8. This shall enure to the benefit of the parties and their respective
heirs, successors and assigns.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals this day of , 1989.
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Ross Alexander McMaster
Cheryl Diane Metcalf
1044
i
SCHEDULE "A"
ALL AND SINGULAR that cetain parcel or tract of land and premises, situate,
lying and being in the Town of Newcastle, in the Regional Municipality
of Durham (former Township of Darlington) in the County of Durham, Province
of Ontario, being all of the north half of the north half of Lot 29, in
the 4th Concession of the said Township of Darlington, containing by
admeasurement 50 acres more or less SAVE AND EXCEPT therefrom portions
A and B containing 0.10 acres and 0.11 acres respectively as shown outlined
in red on a Notice of Expropriation registered by the United Counties
of Northumberland and Durham on the 31st day of March, 1959 as instrument
number 8348, AND FURTHER SAVE AND EXCEPT therefrom Part 1 containing
0.677 acres shown of RD Plan #20 filed in the Registry Office of Newcastle
(NO. 10) (formerly Durham West) on the 15th day of December, 1969.
1045
I
i
TYLER ST.
MgcMASTER FARM
STREET UNE
c-
0 E
N tD
N
STREET LINE
25m
PROPERTY UNE
BRADLEY ST. McMASTER FARM
E UN
E
E
o
N
N
5TRIECT LINE
25 m
PROPERTY UNE
'C'
1 n ]jESCHEDULLEE
00 DRAWN : B.M.
1 .,,, MARCH 9 1989
113 -1V
uy
/J 6
/ 3 zo o
999-999-99999-9999
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
X9X 9X9
999-999-99999-9999
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
X9X 9X9
999-999-99999-9999
XXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXX)
X9X 9X9
010-130-12900-0000
010-130-12900-0001
010-130-12900-0002
BUTSON DANIEL STANLEY
BUTSON DANIEL STANLEY
BUTSON DANIEL STANLEY
BUTSON DEBBRA JAYNE
BUTSON DEBBRA JAYNE
T/A ELCON ELECTRICAL
BOX 91
BOX 91
BOX 91
R R 1
R R 1
R R 1
HAMPTON ONT LOB WO
HAMPTON ONT LOB WO
HAMPTON ONT LOB 1J0
010-130-13000-0000
010-130-13100-0000
010-130-13200-0000
MERKAC GABRIEL
WINACOTT MURRAY MORDEN
BURTON ILDA ANEITA
GROUP 1 BOX 50
WINACOTT MIRIAM EVELYN
BOX 55
R R 1
GROUP 1 BOX 82
R R 1
HAMPTON ONT LOB 1JO
R R 1
HAMPTON ONT LOB 1JO
HAMPTON ONT LOB WO
010-130-13300-0000
010-130-13400-0000
010-130-13500-0000
KINGHORN JOHN ROBERT
VANBEEK JOHANNES
FRANK LLOYD SIMON
KINGHORN MARY GRACE
GROUP 1 BOX 62
FRANK IDA
GROUP 1 BOX 42
R R 1
R R 1
R R 1
HAMPTON ONT LOB 1JO
HAMPTON ONT LOB 1JO
HAMPTON ONT LOB 1JO
010-130-13600-0000 010-130-13700-0000
PERUN OLEH ANDREW MACKO FRANK STEPHEN
PERUN LILIANA _ _ _ MACKO BEATRICE JEANETTE
R R 1 GROUP 1 BOX 107
HAMPTON ONT LOB 1JO R R 1
HAMPTON ONT LOB IJO
010-130-13900-0000 010-130-14000-0000
PORTER DIANNE GAIL VANDERLUIT JAN
PORTER MICHAEL WAYNE VANDERLUIT ELIZABETH NELLY
GROUP 1 BOX 88 R R 1
R R 1 HAMPTON ONT LOB IJO
HAMPTON ONT LOB IJO
010-130-14200-0000 010-130-14300-0000
GROAT JOHN NORMAN HOWES MARIE EVELYN
GROAT HILLIE HOWES JAMES ARBUTHNOT
R R 1 R R I
HAMPTON ONT LOB 1JO HAMPTON ONT LOB 1JO
010-130-14500-0000
MACKAY DALE ELDON
MACKAY JOYCE MARY ELLEN
BOX 40
R R 1
HAMPTON ONT LOB IJO
010-130-14600-0000
BAIRD DANIEL DOUGLAS
BAIRD DAWN CAROL
GROUP 1 BOX 57
R R 1
HAMPTON ONT
LOB iJO
010-130-13800-0000
KLOSINSKI RONALD ALEX
KLOSINSKI DEBORAH ANNE _
BOX 102
R R 1
HAMPTON ONT LOB 1JO
010-130-14100-0000
JONES NEIL JOSEPH
JONES HELEN DELORES
GROUP 1 BOX 84
R R 1
HAMPTON ONT LOB 1JO
010-130-14400-0000
KWIATKOWSKI HENRY STANLEY
KWIATKOWSKI GAIL MARY
R R 1
HAMPTON ONT LOB 1JO
020-010-09-- Q-
KELL- T NRY
KEL ET I S I E'�
A�w�T LIC 3J6