HomeMy WebLinkAboutWD-74-89 TOWN OF NEWCASTLE
REPORT File #
Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: SEPTEMBER 5, 1989 j
REPORT #: WD-74-89 FILE #:
SUB.ECT: MAINTENANCE OF PRIVATE LANEWAYS
GRACE, TREWIN AND URIADKA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Adminstration
Committee recommend to Council the following:
1. THAT Report WD-74-89 be received;
2. THAT the Town enter into an agreement with Mr. Arthur Trewin to provide
for dedication to the Town of a 21.65 m (661) wide roadway more or less
centered on the existing laneway including sufficient land at the end of
the laneway to construct a turn-around circle, at no cost to the Town
other than survey and legal costs, and that the Town agree to dedicate
this land as a public highway;
3. THAT an agreement be entered into with Mr. Harry Grace to provide the
Town to perform year-round maintenance of his laneway until such time as
the property changes hands, after which time the Town will no longer
carry-out any maintenance of the laneway and that this agreement be
registered on title;
4. THAT $14,000 be provided in the 1990 Budget to cover survey and legal
costs and the upgrading of the Trewin and Grace laneways to acceptable
standards for year round maintenance; and
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REPORT NO.: WD-74-89 PAGE 2
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5. THAT a copy of this report be sent to Mr. Arthur Trewin, Mr. Harry Grace
and Mr. Mecola Uriadka.
REPORT
1.0 ATTACHMENTS
No.l: Report WD-45-88 dated September 6, 1988
No.2: Drawing showing the location of the Trewin laneway and the
road allowance between Lots 14 and 15, Concession 8.
N0.3: Drawing showing the location of the Grace laneway and the
unopened road allowance between Lots 32 and 33, Concession 10.
No.4: Drawing showing the location of the Uriadka laneway and the
unopened road allowance between Lots 28 and 29, Concession 10.
No.5: Letter from Mr. A. Trewin
No.6: Letter from Mr. H. Grace
2.0 BACKGROUND
2.1 On September 6, 1988, Report WD-45-88 was adopted by the General Purpose
and Administration Committee and subsequently approved by Council on
September 23, 1988 (See Attachment No.1) .
2.2 On October 31, 1988, Mr. Trewin and others appeared as a delegation before
the General Purpose and Administration Committee and testified to the
claim that several years ago, an unwritten agreement was made between
Mr. Trewin and the Darlington Township Council that the Township would
provide year round maintenance to the Trewin laneway rather than make
extensive repairs to the road between Concessions 7 and 8, northerly to
the Trewin farmhouse. (See Attachment No.2)
REPORT NO. : WD-74-89 PAGE 3
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2.3 Claims have been made in the past that the same type of unwritten agreement
was made by the Darlington Tbwnship Council for the maintenance of the
Grace and Uriadka laneways. (See Attachments 3 and 4)
3.0 REVIEW AND COMMENT
3.1 1 have advised Mr. Trewin, Mr. Grace and Mr. Laskowsky, who is Mr. Uriadka's
solicitor, that in order to solve this problem, I am prepared to recommend
either of the following two alternatives to Council:
1) By agreement between the Town and the property owner, registered on title,
the Town provide year round maintenance to the laneways, until such time
as the property changes hands.
2) The property owner dedicate to the Town, for the sum of two (2) dollars,
a strip of land sixty-six feet in width, centered more or less on the
laneway, and sufficient land at the end of the laneway to provide for a
turn-around circle, and that this land be dedicated by the Town as a
public highway.
3.2 Mr. Trewin has chosen Alternative 1 and Mr. Grace has chosen Alternative 2.
(Attachment No.'s 5 and 6)
3.3 Several attempts have been made to obtain an answer from Mr. Uriadka
as to which of the two options he would prefer with no success. Rather
than hold up this report any longer, it has been decided to proceed
with the report at this time and deal with Mr. Uriadka's laneway at
a later time.
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REPORT NO.: WD-74-89 PAGE 4
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4.0 COST
4.1 The estimated cost to the Town for survey and cost.and upgrading
the Trewin and Grace laneways in $14,000.
5.0 RECOMMENDATIONS
5.1 The following recommendations are made based on the above:
1. THAT the Town enter into an agreement with Mr. Arthur Trewin to
provide for dedication to the Town of a 21.65 m (661) wide roadway
more or less centered on the existing laneway including sufficient
land at the end of the laneway to construct a turn-around circle,
at no cost to the Town other than survey and legal costs, and that
the Town agree to dedicate this land as a public highway.
2. THAT an agreement be entered into with Mr. Harry Grace to provide
that the Town perform year-round maintenance of his laneway until
such time as the property changes hands, after which time the Town
will no longer carry-out any maintenance of the laneway and that
this agreement be registered on title.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P. Eng. , Lawrence E' Kotseff,
/I
Director of Public Works. Chief Admi 4strative officer.
WAE*llv
April 12, 1989
Attachments
cc: Mr. Harry Grace Mr. Mecola Uriadka
R.R. #2 c/o Mr. Anthony E. Laskoswky
Blackstock, Ontario Barrister, Solicitor, Notary
LlC 3K2 P.O. Box 772
Oshawa, Ontario
Mr. A. Trewin LlH 7D49
R.R. #1
Bowmanville, Ontario
LlC 3K2 nA 1
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OF NEWCASTLE
REPORT File #
jr�'=f/� `'� ♦ . , .. . . .. Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
(ATE: SEPTEMBER 6, 1988
REPORT #: WD-45-88 FILE #:
SLEECT: MAINTENANCE OF LANSWAYS ON
PRIVATE PROPERTY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration .Committee recommend to Council the following;
1. THAT this report be received; and
~2. :THAT' the' decision made by Council on November .28, 1983 that the Town
will discontinue ,carrying. out maintenance on the Worboy (now Uriadka) ,
Grace and`.Trewin laneways be confirmed; and
3 THAT a copy of-:this, report be forwarded to:
1• ...'Mr.tAnthony E. Laskowsky
'Barrister, Solicitor, Notary
P.O. Box 772
Oshawa, Ontario
L1H 7M9
2. Mr. A. Trewin
R.R. #1
Bowmanville, Ontario
L1C 3K2
3. Mr. H. Grace
j R.R. #2
Blackstock, Ontario
LOB lBO ATTACK 1Ei�f T WO= 1
1042 W-74-39
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Page 2
WD-45-88
1
REPORT
1.0 BACKGROUND
1.1 At the meeting of Council held on February 8, 1988, Resolution #C-96-88
was passed as follows:
"THAT the correspondence dated January 19, 1988, from
Anthony E. Laskowsky, Barrister, Solicitor, Notary,
P.O. Box 772, Oshawa, L1H 7M9 requesting that the road allowance
on the easterly limit of lands owned by Uriadka in Part
of Lots 29 and 30, Concession 9, Darlington, be maintained
by the Town be received and referred to the Director of
Public Works for review and subsequent report."
1.2 The letters from Mr. Laskowsky are attached {Attachment No.l(a) & 1(b) }.
J
2.0 COMMENTS
2.1 At the regular meeting of the General Purpose and Administration
Committee held on November 21, 1983, Resolution #GPA-931-83 was
passed as follows:
"THAT the recommendations in Report WD-98-83 be endorsed; and
1. THAT this report be received; and
2. Pending receipt of written confirmation of their agreement
with same, Council agree to have the Works Department continue
to provide winter maintenance on the following roadways on
private property until, and including, the winter of 1984-85;
i) Mr. R. Worboy, Part Lot 30, Conc. 9, Darlington"
ii) Mr. A. Trewin, Lot 15, Conc. 8, Darlington
iii) Mr. H. Grace, Part Lots 33 & 34, Conc. 9, Darlington
By Resolution #C-886-83 the resolution passed by the General Purpose and
Administration Committee was approved by Council.
2.2 A copy of report WD-98-83 is attached to this report (Attachment N0.2) .
11 043 . . .3
Page 3
WD-45-88
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2.3 The location of the Worboy (now Uriadka , the Trewin and the Grace
laneways are illustrated on Attachments 3, 4 and 5.
3.0 PROBLEM
3.1 The problem is that for some reason the Town has discontinued
maintenance on the laneway owned by Mr. Worboy (now Uriadka) but has
continued to carry out maintenance on the Trewin and Grace laneways.
4.0 COMMENTS
4.1 On October 20, 1983, Mr. Dupuis wrote to Mr. Worboy suggesting that
the Town maintain the laneway up to and including the winter of
1984/85 (Attachment No.6) . On October 28th, 1983, Mr. Worboy wrote
to Mr. Dupuis agreeing to this arrangement (Attachment No.7) .
l 4.2 On November 5, x.985, Mr. David Gray, Deputy Director of Public Works,
J wrote to Mr. Grace and Mr. Trewin advising them that the Town would
maintain their •laneways for the 1985/86 season (Attachment No.'s 8 & 9) .
4.3 Prior to writing to Council on this matter, Mr. Laskowsky had
discussed this matter with staff of the Public Works Department.
The matter was referred to Mr. David Sims, Town Solictor, who provided
a written opinion on the matter on January 18, 1988. (Attachment No.10) .
Mr. Sims advises that the Town is not obligated to maintain the laneway
and states that "the question of whether or not the plowing ought to
continue is purely a political, as opposed to legal question" .
5.0 CONCLUSION AND RECC%IMENDATION
5.1 A review of the correspondence and of the legal opinion received from
Mr. David Sims, leads to the conclusion that the Town is not liable
to maintain the Uriadka, Trewin and Grace laneways. It is, therefore,
recommended that the decision made by Council on November 28, 1983
to discontinue maintenance on the Uriadka (formerly Worboy) , Grace
and Trewin laneways be confirmed and that a copy of this report be
forwarded to Mr. A.E. Laskowsky, Mr. A. Trewin and Mr. H. Grace.
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Page 4
Report WD-45-88
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Respectfully submitted, Recommended for presentation
to the Committee,
r
Walter A. Evans, P. Eng. , Lawrence E K tseff,
Director of Public Works. chief Adminis rative officer.
;llv
August 9, 1988
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W-74-89