Loading...
HomeMy WebLinkAboutWD-76-89 TOWN OF NEWCASTLE 'n �S REPORT File #77 - q-q ./ Res. # By-Law # PING: General Purpose and Administration Committee pw0014 DATE: Monday, October 2, 1989 REPORT #: WD-76-89 FILE #: W&JECT: REQUEST FOR CLOSURE AND CONVEYANCE OF PART OF PORTER STREET (UNOPENED) PLAN 1OR-3290, PART 3 PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE i RECOMMENDATIONS: I It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-76-89 be received; and 2. THAT the unopened part of Porter Street described as Part 3, Plan 1OR-3290 be closed and conveyed; i 3. THAT the value of said lands be established not by land appraisal but that new roads laid out by draft Plan of Subdivision be exchanged for the unopened registered streets; and 4. THAT staff be authorized to complete the procedure for closure and conveyance in accordance with Town Policy; 5. THAT Irwin Hamilton, P.O. Box 39, 1 Division Street, Bowmanville, Ontario, L1C 3K8, solicitor for the applicants, be advised of Council's decision. .. .2 In14 ' / ` . BEIY}IT 00° : V0}-76-89 PAGE 2 ________________________________________________________________________________ REPORT l°I ATTACHMENTS 0o. l - Key Map No. 2 - Site Location 0V. 3 - Draft Plan of Subdivision (Liza Developments) 2.0 BACKGROUND 2^I The Publiowbrke Department has received an application for Road Closure and Conveyance of Part of Porter Street in Lot 9' Concession 2, former Tzvm of BonmauvilIe, from Hamilton and Associates on behalf of 621182 Ontario Limited (Liza Developments) 2.1.0 Porter Street (unopened) is obmwo as a proposed street on a plan prepared by T.W. Herrick in 1856 but was never opened to the Public or assumed by the Municipality. The unopened street has been used as farmland by the owner of the abutting property. 2°I^I The area of road allowance buovnz as Pact of Porter Street and described as Part 3, Plan I0R_3290, to be closed and conveyed is 0^667 acres. 2.1.2 The area of road allowance to be constructed and designated as road allowance in the draft plan is 5.041 acres. 3°0 IE2\8O0S FOR REQUEST OF CLOSURES 3.1 Liza Developments intend to develop these Imudo by plan of subdivision. Prior to the mandatory transfer of land into the Land Title System, the Land Title Office requires all clouds on title including any 000Ieaz status of road allowance be removed. Hence, Liza Developments have made application for oInouze and conveyance according to Town Policy. J U { 1D1 � | � ' ' BEIv}fT K0^ : V0}-76-89 PAGE 3 ________________________________________________________________________________ 4^0 COMMENTS 4^1 Closure of the unopened street in this manner is consistent with the closure of the unopened streets previously conveyed to Scbinkedauz Bros. Ltd" and would continue to facilitate efficient and orderly development of new Plans of Subdivision and new road allowances more appropriate to today's situation and the intent of the Town's official Plan. 5.0 COMPLIANCE WITH TOWN POLICY 5.1 The applicant has satisfied all requirements with respect to the Tbwu'a Policy, to-date, and circulation to all departments, agencies and authorities is complete and no objections were noted. 6.0 COMPENSATION � 6.1 In order to maintain the integrity of the Town's Policy and ensure all property owners are dealt with equitably, it is recommended � that the closure and conveyance of these properties be proceeded with � � in accordance with Town Policy, but that in consideration of � the extent of new roads to be laid out by various draft ��Iaoo � ^ � of subdivision, which greatly exceed the extent of roads to be � closed, no compensation be sought from the applicants for road | closure, save and except, the cost of all legal, advertising i � and survey feeo- ! 0.2 As oolpmct for the above, Council adopted recommendations in � Report WI}-33-89 (Resolution # QIA-175-89) and conveyed road � allowances of the same status being developed under Plan of � _ � Subdivision by Scbiokedano Brothers Ltd. | | " . .4 ' , REPORT 0O. : V0}-76-89 I9\G8 4 ________________________________________________________________________________ 7.0 RECOMMENDATIONS 7.1 It is, therefore, recommended that: I) Part of the unopened road allowance registered as Porter Street specifically described as Part 3, Plan I0R-3290, be closed and conveyed in accordance with Town Policy; 2) That consideration for compensation be the extent of the new roads laid out in exchange for the registered unopened streets, and that all legal, advertising and survey opata be paid by the applicant in accordance with Town Policy. Respectfully submitted, Recommended for presentation to the Committee -� �" ~~ ---------------------------------- �-7�- � ------------------- Walter A. Evans, P. Eng. f�ce Kotoeff Director of Public Works Cbiet &dmi istrative officer � JCO*W&E*kms *Attach. September 26, 1989 1 O 1 -7 i I Il CDNClt410N ROAD 1 I( Il _�' CQ4UDfpN RWU (7 6 14 13 12 II IO 9 B 1 �I ll Il - �4 RCtT � IT 1 TCN[ CT. y wMD t CT �J �.. [DO&, SUBJECT SITE A fT. SAVI�FAI A G t RD. t M CDMC[ltlpi tT. [. •,� »z--T it caKCSS sT. r Kr l HIGHWAY M 2 I CT Hr t O� MU AV[. ec�u Ct �a -- j A J S�2 SJ OQ Phi i'c cr. _a COLE d'A O nµt ©g u[. HIGHWAY N• 2 [ 13 DF[ • PFIHCE CR DFFnPMX g Z T R tA� cncs. IEl50n NOB86 OR. g c OA T O j soPC ort• y JOMn SCOT T A`I Prof � Z } �7� qqqq f� � � tAKIIM[ nOAD © [. 1 I x 11 HIGHWAY N• 401 U � M _41I11 �u D �U i4r F ATTACHIME(VT 140.1 7nip I Ord � -2,18 A1{ PART I PLAN 10 R 568 1' - ------ INST N• 106497 _ PART 2 r' PLAN IOR-568 06N 00• 11l•lttt -- - t. ( INST N. 10,196 • __ N 7 ° i 1 LOT N VI � •e1 O In - — x T• 1% 30'!111 x) •41 00-IIDI .1.!1• nl _ )1y N 71° 26� >D EIx1 114431 1 rw fq lRl - M71°26']OE1x1 64008- T1. 1.00W1 Po.1 WY.F.nc. - 1•° 0.3,3 5 •110001 �: N 5 _ 9 4 _ ° CONCESSION 2 --J i MT0.44.00'[1U1 � C. 1 N 72°0200 E N 73.33.00'Elx. t: 1 M72-0100 f.nt. 6.063 '- 6136 11-01 00 4 4 12 193 law f1° h°t.0 4 S N! 0 I 1W1 0 SW 89 90 2,w i W1 ? 21 i I ) 22 i J 87 88 0 _ I PLAN 10R ---3.29-0 85 z 86 i W — z W Z 1 = I 20 W V PART I 83 84 1I r _ Q n 19 ^1 pp y N n 7 4°•N 2°.8.3,0D' ARE� O FE,n tx A4M r: •6.4,,B.6,Dt x. X ca a 1•oE1 F- e tj2 1- -- - ° . k.3 J — N °e 81 c� PART 3 ;0 1 '; � -NS' N° 68269 1,^Z AMA to 2706e, z !•N I o E�n�� 1 ix ^ : t r Q _�. Z 17 _ �3 ," 18 W 9t i Q POO F—. 'N0•.nt. _ r uoal»-1F 71 17100•,rv1 66.6641x1. 1• _ .•.1 1 t D1...,. 1 1 " v 77 -5 TU 78 W L — --1 -12 0 m PART 4 ' 75 e 76 � • � AREA 4.35 ho Y N w = 16 0 F 15 o a. 3 7 3 74 IL o m 3 At W,,, , F.nl. a rn - a W 71 j 72 ► I:a: N71.412$E 50.333 +'e ��: 13 14,,,��1��� 1.2f W E 70 1' 30 29 T 50.29 t J4 40 E N 71 29 30 E lou n 10.,1.,1• ,Y. 67 68 e1 W1,. F.M. INST N° 57758 j I INST N°119104 �1' 1 +p+--t— N 71° 51• 20 E 173 852 . \ I 1V 1110y • ♦ I• of lo' 1 s I• �--. ( ' 4 tf91m.•t.1• i / PART 2 I: j iNn•512pE INST i • ANCA OnO. 1•ul 1 T I_ ATTACHIEeff N0.2 —76-89 i n1 n i i CALDER CT./ b I I I � \�/k/�y?��Ay`q'1�\�y/�'• �-' �j� �� T 'wn�iyJ� I .l�i�l��T I CSC/ T R E � / E ti —r-r--E'tom b U O I°I-F I APPLE BLOSSCT'M BLVD. . IEi u i-T i� 7-T 2 i m y v P 0 r I I It M . r I L—b--�L.L �—I D I q I o rlj Qv x tm t .I O� I L="— 1 a.P—iar-ravel: r a --I �1 I PARE 1 rl r— a A �a " PORTER ST. I a� �— + �I a --i I �a I d.... Dcw = c f v i�• A. R JI l_ . l =T:,, I .I I' L__ ID ! N°"�,g � a • ', I I i � I T�I� I I� •IN� r I- � 'I ,I �tea_� o •: I ;I.................:�w. ^f.�,�, I I o:• b L.L.L.L.L.L_l�J . ._.J j l All N u a 'II� j a '� MNNSFANLEYIIST.(UNP°ENEO/� 1 — f e E r r:�•r r�r•T-� I pl�l—T'�I r1 v I =�i srAa sr.�u aoi _._J I I ( I I I 1 I j li i I� rriI ZI i ti ,DI e._. •—.r I I2L__ J iii I I I I >� c ! ! ! I/ I j al i II CI N � i• � j� °0 h I• ) 1 I_I_I `" ��._.G_l_.1. :J._•L ! j - II �I I ° EDIT T _ _•� _ it I 'i;:;� Ic �' ? I �"� ill• i i i l f 1 •n TT - N 'Z $ � _-�'- t� �I— _— r _ � i -- Iv b y o I�-._._ aj _ .—.� I� `�M-- .—.i �._. t111J�11Jr� �• - .� it I '` I r— a -r1-T^�iI I � TTR•� ---- —� I + I ° i��F'lll l •—.— �. J III ITfI ---1 = I � .���I I• I I . i i i i l i i i,j it b d l �, a• C O N C E S S 1 O N S T R E E T E A S T —_-- ------------------ -°-------------------\ �---- r ATf ACRIEiT NO.3 V10-76-39 in2n i t THE CORPORATION OF THE 1-OWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT POLICY THE CLOSURE. OR CLOSURE AND CONVEYANCE, OF MUNICIPAL ROAD ALLOWANCES Page 1 1. GENERAL: There are, within the Municipal Area of the Town of Newcastle. numerous road allowance and rights-of-way which are unopen to traffic by reason of their being either unmaintained, impassable or abandoned. The road allowances and rights-of-way to which reference is made may be either an original allowance for road, an opened road allowance, a road allowance closed by by-law but retained by the Municipality. or, simply, a right-of-way width which may be discovered or determined only by survey. Periodically the Town of Newcastle is requested to close, or close and convey to abutting property owners, a road allowance or other right-of-way and, in such instances where it is deemed of benefit to the Municipality to dispose of such lands, the inherent terms and conditions under which the transfer of ownership takes place are those stipulated in the Municipal Act, Chapter 302, Section 316, R.S.O. 1980. In order to accurately define the limits of the right-of-way or road allowance, it is necessary to acquire a plan of survey and determine the abutting owners' entitlement to the lands proposed for disposal . In accordance with the Municipal Act, Council establishes the value of the lands comprising a Municipal -road allowance or right-of-way of which it will dispose. The intent of this Policy is to establish the guidelines and procedure to be followed pursuant to a request or requirement to close, or close and convey, a Municipal road allowance or right-of-way. 2. DEFINITIONS: For. the purpose of this Policy the following definitions are applicable: COUNCIL means the Council of the Corporation of the Town of Newcastle. COMMITTEE means the General Purpose and Administration Committee. DIRECTOR means the Director of Public Works or his designated representative. ()()An niinwAmrr nn RIGHT-nF-WAY means anv Municipal land comprising i THE CORPORATION OF 1,1E TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT POLICY THE CLOSURE, OR CLOSURE AND CONVEYANCE . OF MUNICIPAL ROAD ALLOWANCES Page 2 2. Definitions Cont'd. CLOSURE means closure by By-law of the Corporation of the Town of Newcastle. CONVEYANCE means the transfer, by Deed, of Title to a party other than the Corporation of the Town of Newcastle. APPLICANT means the individual or party originating a request for the closure, or closure and conveyance, of any Municipal right-of-way. the Applicant shall be deemed to be the spokesman and representative of any petitioners. AGENCY means any authority other than the Town of Newcastle and may include, but is not restricted to, Ontario Hydro, Bell Canada, Canadian Pacific Railway, Canadian National Railway, TransCanada Pipelines, Interprovincial Pipelines, Consumers' Gas, the local area Conservation Authority, Cable T.V. , neighbouring Municipality, the Regional Municipality of Durham, the Province of Ontario, the Government of Canada. SURVEY means a Plan of Survey or Reference Plan, prepared by a competent professional , registered as an Ontario Land Surveyor. APPRAISAL means the Appraisal of Land Value, prepared by a competent professional and submitted, with a comprehensive report, to the Director of Public Works. i THE CORPORATION 0[ THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT POLICY i i THE CLOSURE. OR CLOSURE & CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES Page 3 POLICY I. Council may, in accordance with The Municipal Act, close, close and onvey. or otherwise dispose of a Municipal road allowance, highway, street, lane, walk, common or other right-of-way, which is deemed to be of no present or foreseeable use to the Town of Newcastle. 2. The Director of Public Works shall determine and establish the feasibility of a request for closure, or closure and conveyance, of any lands comprising a Municipal right-of-way, and shall make the appropriate recommendation on the disposition• of same to Committee, for Council approval . 3. Prior to making his recommendation. the Director shall satisfy himself that all parties likely to be affected by the closure. or closure and conveyance. of the Municipal right-of-way, are in agreement with the proposal . Such parties shall include the owners of abutting property, all Departments of the Town of Newcastle, and any other Agency which may have an interest in the area of the proposal , as defined above. 4. The Director shall be responsible for ensuring that the procedure outlined herein is adhered to by all parties, as and when appropriate for their involvement. in order to minimize the possibility of the Town failing to satisfactorily conclude the disposal of the Municipal right-of-way. 5. The Director shall retain the option to recommend against the closure, or closure and conveyance. o P a Municipal right-of-way, in the event of the following: a) • It can be demonstrated that the disposal of the lands would be detrimental to the Municipality, to area residents, to other Agencies, or to the public at large; b) The original Applicant has not complied with the terms and conditions of this Policy within six (6) months of the date of the earliest request for the closure, or closure and conveyance, of a Municipal right-of-way. c) There has been a lapse of six (6) months in the proceedings, due to the failure of others to comply with the Policy. d) There is a disagreement between the Town and the property owners as to the value of the lands comprising the Municipal right-of-way, to the point where no concord can be found. e) There is insufficient evidence that all costs will be borne by others who have interest in acquiring the lands comprising the Municipal right-of-way, and that there shall be no burden of i 1 HE CORPORATION Of 1I1L 1 OWN Of PUBLIC WORKS DEPARIMf:Fif POLICY THE CLOSURE . OR CLOSURE AND CONVEYANCE , OF MUNICIPAL ROAD ALLOWANCES _-- Page 4 f) Where there is inconclusive or unsatisfactory proof of entitlement to the land comprising the Municipal right-of-way, whether this be due to lack of legal evidence of ownership of an abutting property or by reason of any other matter which, in the opinion of the Director, could result in conflict or detriment to the Municipality. 6. Henceforth, any and all claims to rights or title to the lands comprising all or any portion of a Municipal right-of-way. which may be brought forward, shall be completely substantiated by deeds. resolutions or other documents, and the processing of such claims to rights or title shall be strictly in accordance with the terms and conditions as set forth in this Policy. Further, if such claim to title or right predates the submission or application to the Town by seven or more years, it shall be treated as a new matter of business and shall be processed exactly as if there was no prior history or obligation in the matter to which the Town may be held. 7. If. at any point during the procedure to close, or close and convey. a Municipal right-of-way, it appears that the Town may incur costs which may become unrecoverable. the Director may report on the matter and, if necessary, recommend that the proceedings be held in abeyance, or terminated completely, with no further action by, or no obligation on, the Town. 8. In the case of any right-of-way which is required as part of a development plan, a plan of subdivision, or other similar enterprise, the Director shall provide any input and recommendations appropriate, prior to Town approval being given to . such plan. 9. The Director of Public Works may, for substantial reason and in the best interests of the Town. recommend the closure of any Municipal right-of-way, without conveyance to abutting owners; in such cases the right-of-way shall be closed, by by-law, and fenced. 10. No right-of-way closure will be considered in the event that such action would: a) Create a parcel of land which would be without frontage onto a legal right-of-way. b) Generate an excessive burden of traffic on other alternate access roads and rights-of-way. c ) Prohibit or restrict the safe passage of vehicles and/or pedestrians into recreational parks or other facilities. d) Obstruct or restrict the access into lands which have enjoyed r the convenience of the right-of-way for access purposes, _ __: ,,, whether this be in respect of residential or agricultural 1 . _.,_ i DO-- CORPORALION OF THE (OWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT POLICY THE CLOSURE, OR CLOSURE AND CONVEYANCE, OF MUNICIPAL ROAD ALLOWANCES Page 5 PROCEDURE 1 . The original Applicant shall be advised of the necessity to: a) Submit a petition by all available owners of property abutting the requested right-of-way, attesting to their agreement with the proposal to close, or close and convey, the Municipal right-of-way adjacent to their lands. b) The Petition shall be submitted to the Director of Public Works, accompanied by the following: i ) A Plan of Survey or Reference Plan. prepared within the period of not more than twelve (12) months of the date of the submission; ii ) A non-refundable fee of Two Hundred and Fifty Dollars 4'4.5_7 (250.00) payable to the Corporation of the Town of Newcastle; iii )If required by the Director of Public Works, a report on the Appraisal of Land Value, prepared by a recognized --�-°� professional. 2. -a) The Director of Public Works shall circulate the Petition to all appropriate parties and/or Agencies, to ensure that: i ) They have no interest in the lands involved; ii ) Their proposals, installation, policies, plans or practices will not be. adversely affected by the closure, or closure and conveyance, of the Municipal right-of-way. b) The Director of Public Works shall place a public notice to the effect that such an application is to be considered. 3. In the event that easements, widenings, pipeline or plant crossings, etc. , are required or involved, these shall take precedence over any proposal to close, or close and convey, a Municipal right-of-way and, if there is objection to the granting of such priority, all action on the closure proposal shall be terminated. 4 . Upon his satisfaction that there is no hinderance in respect of the proposal to close, or close and convey, a Municipal right-of-way, the Director- of Public Works shall so reconmiend to Connittee. S. Pursuant to Council 's approval , the petitioners shall be notified, and required to affirm their interest ( in writing) in the land .irnIIicitinn ,.,A r. ..,47: _... ,---__ ,- --- -c _ . i rill_ CORPORA) 1014 OF THE TOWN OF NCWCASTL(. � PUBLIC WORKS DEPARTMENT POLICY T11E CLOSURE , OR CLOSURE A140 CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES --- —_ Page G b. Upon receipt of all affected abutting owners ' confirmation of interest, and subject to his satisfaction that the terms of the Pol icy for the Closure, or Closure and Conveyance, of the Municipal Right-of-way, have been satisfactorily met to date, the Director of Public Works shall: a) If an Appraisal of Land Value has not already been acquired, order same and, upon its receipt, report to the Committee with a recommendation that a certain value of the land be established by Council, or; b) If, as a requirement of the original Applicant, an Appraisal of Land Value has been acquired and submitted, after giving due consideration to it's verity, and it's satisfaction insofar as the Town is concerned, report to the Committee with a recommendation that the value presented be approved or rejected, and; c) If it is felt, after giving the matter of value due consideration, that an unfair or inadequate dollar value has been placed on the lands Comprising the Municipal right-of-way, report to Committee which may recommend that the Director obtain a second appraisal , the fees for which shall be borne by the petitioners; d) In the case where the value of the lands comprising the Municipal right-of-way is insignificant, and the addition of a portion of the right-of—wady to an abutting property will not increase the value or the use of that property in any way, the Director may recommend disposal of the land at a nominal .charge, not to be less than One Thousand Dollars ($1,000.00) per acre. 7. Upon acceptance of the appraised value by the interested parties, and the negotiation of any agreement necessary to accommodate those items detailed in (3) above, the Director of Public Works shall request the Clerk to prepare and advertise the necessary by-law. 8. The Director of Public Works shall , after the passing of the by-law, collate all necessary documentation, accounts and other relative items , and forward same to the Town Solicitor. requesting that he prepare for execution the final transactions; the Director shall advise the Solicitor of the entitlement of each individual party to the lands to be conveyed, and the obligation for costs of each individual petitioner. it I THE CORPORATION OF TfiE 1OW14 OE= NEWCASTLE PUBLIC WORKS DEPARTMENT POLICY THE CLOSURE, OR CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES ('age 7 9. If, at any point during the foregoing, a petitioner disputes the Town, or objects to the proceedings, he may withdraw his interest in the lands comprising the Municipal right-of-way, by writing to the Director of Public Works and, if said petitioner has no objection to the land being offered to another party, the Town may dispose of his portion to another; or, in such an instance of non-interest by a petitioner, the Director of Public Works may recommend that no further action be taken in the matter of the closure, or closure and conveyance, of the lands. 10. The Town shall add a Two Hundred and Fifty Dollar ($250.00) Administration Fee to the final accounting of the closure, or closure and conveyance, transaction(s), which the Solicitor shall ensure is apportioned equitably between the abutting owners who are benefitting from the acquisition of land comprising the right-of-way of which the Town wishes to dispose. 11. At no time during the abovementioned procedure shall the town of Newcastle, the Director of Public Works or his representative, become involved in disputes or differences between neighbouring property owners. 12. In the event that one of the petitioners pre-deceases the finalization of the abovementioned procedure, the proceedings shall be held in abeyance for a maximum period of six (6) months in order to permit an heir, successor, assignee or subsequent owner of the property abutting, to be made aware of the proposal to close, or close and convey, the right-of-way. In all cases the foregoing procedure shall be conducted in strict accordance with the Policy for the Closure, or Closure and Conveyance, of a Municipal Road Allowance or Right-of-way, and with the governing Statutes of the Province of Ontario. WD-55-82 ADOPTED BY COUNCIL (C-585-82) JULY 19, 1982. i PETITION For the closure or closure and conveyance of the Municipal Road Allowance or Right-of-Nay located: In/Between LOT(S) In/Between CONCESSION(S)_ in the (former) Township of now in the Town of Newcastle_ _ and/or being LOT(S) In/Between BLOCK(S) in the (former) (Torn/Village) of now in the Town of Newcastle, and more particularly described as PART(S) PLAN N0: We the undersigned, being lawful owners of property abutting the above road allowance, do hereby petition the Council of the Corporation of the Town of Newcastle to close same, by by-law, and convey the lands thus gained, in accordance with the terms and conditions of The Municipal Act, Section 301 . Chapter 302, R.S_0. 1980_ We hereby agree that, upon Council approval of this petition, we will register the Plan of Survey and will accept the responsibility for any costs involved in finalizing any and all transactions, as apportioned by the Town in accordance with the -size of the parcels of land to be gained. This Petition is accompanied by a cheque in the amount of $250. 00 (Two Hundred & Fifty Dollars) (non-refundable) and we further agree to pay the sum of $250. 00 (Two Hundred & Fifty Dollars) to the Town of Newcastle upon completion of the transactions, for the administration of this petition. Dated this day of 198 and signed by: Owner in Title of Property Location Abutting Parts of Plan i THE CORPORATION OF THE r" TOWN OF NEWCASTLE By-Law No. 77-47 Being a by-law to deem reF:stc:rcd plans not to be registered. I i I WHEREAS Section 29 of The Planning Act, R.S.O. 1970, Chapter 349, authorized a municipality to designate any plans of subdivision or part thereof that has been registered for eight years or more as not being a plan of subdivision for subdivision control purposes; AND WHEREAS it is deemed expedient in order to control adequately the development of land in the municipality that a by-law be passed pursuant to the said Section 29; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle, ENACTS as follows: The plans of subdivision or parts of plans of subdivision described as follows are hereby designated to be plans of subdiv-i-sion or parts thereof which shall be deemed not to be registered plans of subdivision for the purpose of subsection 2 of Section 29 of The Planning Act. (a) Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, Queen's Block Plan, in part of Lot 12, Concession 1, former Town of Bowmanville. ,- (b) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16,'Hambly Plan, in part of Lot 12, Concession 2, former Town of Bowmanville. (c) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, S5, S6, 57, 58, S9, 60, 61, 62, 63, 64, 6S, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89; 90, 91, and 92, Ormiston Plan, i in part of Lot 17, Concession S, former Township of Darlington.. (d) Park Lots 6, 7, 8, 9, 10, and 11, Ormiston Plan, in part of Lot 17, Concession 5, former Township of Darlington. (e) Lots 1, 2, 3, 4, S, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, S1, S2, 53, S4, 55, S6, 57, 58, 59, 60, 61, 62, 63, 64, 6S, 66, 67, 68, 69, 70, 71, 72, 73, 74, 7S, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 , 102, 103, 104, 105, 10.6, 107, 108, 109, 110, 111, 112, 113, 114, 11S, 116, 117, 118, 119, 120, 121, 122, 123, 124, and 12S, Perry's Plan in part of Lot 18, Concession S, Darlington. (f) Lots 1, 2, 3, 4, S. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 250 26, 27, 28, 29, 30, 31, 32, 33, 34, 3S, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, S0, 51, S2, S3, 54, 5S, S6, 57, 58, 59, 60, 61, 62, 63, 64, 6S, 66, 67, 68, 69 and 70, Henry Elliott's Plan, Burketon, being Part of Lot 20, Concession 10, former Township of Darlington. . . . . . 2 2 _ By-Law No. 77-47 i (g) Blocks A, B, C, G, H, I , K, and L, Henry Elliott's Plan, Burketon, being Part of Lot 20, Concession 10, former Township of Darlington. (h) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 2 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 4 42, 43, 44, 4S, 46, 47, 48, 49, S0, S1, 52, S3, 54, S5, 56, 57, S8, 59, 60, F 62, 63, 64, and 6S, John Grant's Plan, of the Village of Charlesville in part of Lot 14, Concession 8, former Township of Darlington. (i), Blocks A, B, C, D, E, F, G, H, and I, William 'Murdoch's Plan of the Village c Kendal being part of Lots 9 and 10, Concession 6, former Township of Clarke. (j) Lots 2, 3, and 4 in Block J; Lots 20 3, 4, S, and 6 in Block K; Lots 7, 8, 9, 10, and 11 in Block L; Lots 12, 13, 14, 15, 16, 17, 18, 19, and 20 in Block M; Lots 1, 2, 3, 4, S, and 6 in Block N; Lots 7, 8, 9, 10, and 11 in Block 0; Lots 12, 13, 14, 15, 16, 17, 21 and 22 in Block P; Lots 1, 2, 3, 4, 5, and 6 in Block Q; Lots 7, 8, 9, 10 and 11 in Block R; Lots 12, 13, 14, 15,_ 16, 17, 23 and 24 in Block S; Lots 1, 2, 3, 4, S, and 6 in Block T; Lots 7, 8, 9, 10 and 11 in Block U; Lots 12, 13, 14, 1S, and 16 in Block V; Lots 1, 2, 3, 4, and S in Block X; all on William Murdoch's Plan, of the Villarelof Kendal, being part of Lots and 10, Concession 6, former Township of Clarke. (k) Lots 1, 2, 3, 4, S. 6, 7, and 8, registered Plan No. 106, in part of Lot 11 , Broken Front Concession, former Township of Darlington. (1) Blocks A, B and C, registered Plan No. 106 in part of Lot 11, Broken Front iConcession, former Township of Darlington.. (m) Lots 1, 2, 3, 4, S, 6, -7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, and 28, registered Plan Number 150 in part of Lot 10 Broken Front Concession, Bowmanville. _ (n) Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 240 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, and 50, registered Plan No. 171 in part of Lot 11 , Broken Front Concession, former Town of Bowmanville. (o) Blocks D, E, F, G, , H, I, J, K, L, M, N, 0, P, Q, R, and S, registered Plan N( in part of Lot 11, " Broken Front Concession, former Town of-Bowmanville. 3 p) Lots 1, 2, 3, 4 , S, 6, 7, 8, 9, 10, 11, 12, 13, 14, 1S, 16, 17, 18, 19, 20, i 3A 351 36, 37, 38, 39, / 21, 22, 23, 24, 25•, 26, 27, 28, 29, 30, 31, 32, 33, , , registered Plan No. 198 in part 40, 41, 42, 43, 44, A5, 46, A7, 48, and 49 of Lot 11 , Broken Front Concession, former Town of Bowmanville., 8, C, 0, E, F, G, ii, I , J, K, L, M, No and 0, registered Plan (4) Blocks A, art of Lot 11 , Broken Front Concession, former Town of Number 198 in p Bowmanville. (r) Lots 1, 2, 3, 4, S, G, i7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26; 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, and 42 registered Plan Number 34S in part of Lots 9 and 10, Broken Front Concession, former Town of Bowmanville. (s) Lots 1, 2, 3, 4, 5, 6,17, 8, 9, 10, 11, 12, and 13, registered Plan Number 6S9 in part of Lot 13, Broken Front Concession, former Township of Darlington. (t) Block A, registered Plan Number 6S9 in part of Lot 13, Broken Front Concession, former Township of Darlington. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, (u� Lots 1, 2, 3, 4, 25 26 27 28 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 22, 23, 24, 54, 55, 56, 57, 58, 59, 60, 61, 42, 43, 44, 4S, 46, 47, 48, 49, 50, 51, S2, 53, 5, 76, 77, and 59 register, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, ? Plan Number 97, being part of Lots 22 and 23, Broken Front Concession, former Township of Darlington; Lots 755, 7S6, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 785, 770, 771, 799 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, , 800, 801, 786, 787, 788, 789, 790, 791, 7920 =793, 794, 795, 796, 797, 798, , 802, 803, 804, 80S, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818 819, 820, 821, 8133, 823; 824, 825, 826, 827, 228,B829, 83F0, part registered Plan No. 9�7, being part of Lots former Township of Darlington; 89; 90, 91, 92, 93, 94, 95, 96, 9' Lots 79, 80, 81, 82,83, 84, 85, 86, . 87, 88, 98, 99, 100, 101, lOZ, 103, 104, 8S4, 855, 856, ; 857, and 858, registered Plan Number 97, being part of Lots 't2 and 23, Broken Front Concession, former Towns of Darlington, save �nd; exccpt that portion .of,said lots isteredvinbthe Regist expropriated ,for hig6al urrpos,.ebruarylan Numb 944r 578, rep Office for Newcastle ( ) on Fourth Avenue, Fifth Avenue, Sixth (v) First Avenue, Second Avenue, Third Avenue, Tenth Avenue; Eleventh Avenue, Seventh Avenue, Eighth Avenue, Ninth Avenue, • Avenue, Twelfth Avenue, Thirteenth Avenue, Fourteenth Avenue, Fifthteenth Avei Sixteenth Avenue, Seventeenth Avenue, Eighteenth Avenue and Nineteenth Avenue. registered Plan Number 97, being part of Lots 22 and 23, Broken Front Concess, former Township of Darlington. By-Law Read a first time' and- second time this 20th day of June, 1-9-77. . ti . . . . . , 197 By-Law Read a third time and finally passed this . �. Iaay of . . . G B Rickard Mayor � Seal i ( _ - l' J.D1. htcllroy Clerk i I 1 TOWN OF NE.WCASTtE ���"•E '�` REPORT �..y DtPT MEETING: General Purpose and Administration Committee DATE: Tuesday, May 19, 1987 REPORT #: Pn-119-37 FILE #: PIN R_1 j SUBJECT: ROAD ALLOWANCES WITHIN HAMBLY PLAN OF SUBDIVISION PART OF LOTS 11 and 12, CONCESSION 2, BOWMANVILLE AND REGISTERED PLAN 82, PART OF LOT 13, CONCESSION 2, BOWMANVILLE WORKS FILE: B-12-1 and B-13-2 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT .Report PD-119-87 be-received; and * 2. THAT' Staff be'provi ded with direction; and 3. THAT 'the :various interested parties be advised of Council 's .decision.* BACKGROUND AND COMMENTS: At the Council Meeting of March 23, 1987 the attached letter from Humphreys, Hillman and Cureatz, Barristers & Solicitors, was received by Council and referred to* the Director of Planning and the Director of Public Works for review and report to the General Purpose and Administration Committee. Staff have now had an opportunity to review this request and i offer the following comments. ! The roads in question are shown on existing Town mapping as Hambly Street and Lord Elgin Street. These roads were orginally laid out as part of the Hambly Plan of Subdivision . . .2 i PORT NO. . PD-119-87 ' 9 Pa e 2 which was filed in the Registry Office for the County of Durham on March 3, 1857. On June 20, 1977 the Town of Newcastle passed By-law No. 77-47, pursuant to the, then, Section 29 of the Planning Act thereby deeming Lots 1 to 16 inclusive of the Hambly Plan in Part of Lot 12, Concession 2, former Town of Bowmanville, not to be a Plan of Subdivision. Section 29 of the Planning Act, R.S.O. 1970, is still in effect as Section 49(4) of the Planning Act, 1983. Pursuant to this provision, the Council of a local municipality may, by by-law, designate any Plan of Subdivision or part thereof that has been registered for eight (8) years or more which shall be deemed not to be a registered plan of subdivision : for the purposes of Section 49(3) of the Planning Act. Passing of a Deeming By-law effectively prevents the conveyance of lots within an old plan of subdivision without the approval of the Land Division Committee. Normally a lot located within a registered Plan of•Subdivision.*can-be conveyed without such approval. In reviewing the provisions of By-law No 77-47 and the requirement's o'f . I the Planning Act, it is clear that the municipality has.-the authority to deem all -of the plan of subdivision or an y part of a'plan�of subdivision.;;: The wording of By-law No. 77-47 would imply that only Lots l to 161 ofthe- _ Hambly Plan were deemed. There is .no specific reference to."roads. 1aid .:, ; . 1. out within that plan, however, in the absence of a deeming`of said roads,:.-, they still exist and a natural severance occurs which, in itself, would. subdivide the land to a certain extent. In researching'the deeming by-laws, some consideration was given to the possibility of passing a further deeming by-law to delete the roads. This option was rejected, however, on the advice of both the Town's Solicitor and a Solicitor from the Ministry of Municipal Affairs. Their position being that deeming by-laws were meant only to prevent conveyances of lots, not to wipe the slate clean of roads and, lots laid out by older plans. In this instance, the subject road allowances are entirely contained within three (3) property ownerships; the majority of which is owned by . . .3 /PORT NU. : PD-1.19-87 Page' 3 Mr. Hillman' s clients. The balance of the road allowance is located within a ten acre parcel shown as one ownership and a parcel presently the subject of a subdivision application by Veltri and Sons. If. the Town takes the position that these roads were not deemed at the same time as the Plan of Subdivision, three (3) additional parcels will be created, one of which will be landlocked. It is Staff's opinion that the intent of the Town, in 1977, was to prevent conveyance of lots within older registered plans of subdivision although retention of these road allowances, as public streets, would certainly not be in the public interest since they do not comply with the Town' s Official Plan nor are they appropriate for the proper residential development of this area. Under current Town Policy, any roads considered to be public roads must be closed and conveyed in accordance with Town Policy. Inasmuch as only four (4) property owners are affected by these proposed closures, they would be the sole individuals to benefit from same. The only other consideration is financial related to any monetary considerations for. . '- such`closure (previously established at $14,000. per acre).. In this instance, closing the roads will permit the proper development of•these lands and the ,establishment of a road pattern in conformity with the Town's Official Plan. Since. it is also policy of the Town of Newcastle to require developers to construct, without compensation, new roads within developing areas and to convey appropriate road allowances to the Town, it would seem there is some merit in waiving the normal road closing policy as it relates to compensation for said roads. This could be done in consideration of the intent of Section 317 of the Municipal Act which provies that, where a highway (road) is laid out without compensation, in place of an original road allowance, each property owner abutting said original road allowance is entitled to that road allowance to the middle line of same. Since the Survey Act provided that Title to the roads would then rest with the abutting property owners, the cloud on title is removed. . . .4 i Page 4 RT NO.: PD ,119.87 . Staff note that there .are two- (2) other outstanding requests of a .simiIar nature:' -One' being the Veltri 1.ands on High Street` and the other being " for lands owned by 671461 Ontario Limited involving EdsalT. and Rehder Avenue. If handled in accordance with Town road closing policy substantial costs could be incurred by the subdividers for road closing. However, since both these requests involve lands within proposed plans of subdivision, a consistent solution is advisable. Staff propose to deal with these requests in a similar fashion. Staff suggest two options are available. One, that these roads be closed in accordance with Town Policy save and except that pursuant to the intent of Section 317 of the Municipal Act, that no compensation be sought by the Town, other than survey and legal costs. This is suggested inasmuch as new roads will eventually be laid out to replace the closed allowances. The second option is that the roads be closed in accordance with Town Policy and compensation be sought on the basis of a land value of $14,000. per acre. Staff respectfully request that direction be provided with respect to Council 's preferred option. Respectfully submitted, Recommended for presentation to the Committee . war s, . Lawrence E. Kotseff Director of Planning Chief Administrative Officer o on g ng. Director of Public Works TTE*jip *Attach. April 27, 1987 CC: Humphreys, Hillman & Cureatz CC: Kitchen, Kitchen & Simeson Barristers & Solicitors Barristers & Solicitors P.U. Box 186 P.O. Box 428 36 1/2 King Street East 86 Sincoe Street South OSHAWA, Ontario OSHAWA, Ontario U H 7L1 L1H 7L5 CC: Veltri and Son c/o Veltri Complex 68 King Street East n n I.IAAN kit ITI I r n-4-1-4-