HomeMy WebLinkAboutWD-74-89 Addendum +
"' "" TOWN OF NEWCASTLE
REPORT
File #
Res. #
- -�. By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JULY 8, 1991
ADDENDUM TO WD-74-8 D.08 . 15 . 01
REPORT #: ILE #:
MAINTENANCE OF PRIVATE LANEWAYS
SU&ECT: ARTHUR TREWIN - ROAD ALLOWANCE BETWEEN
LOTS 14 AND 15, CONCESSION 8, FORMER DARLINGTON TOWNSHIP
RECOMMENDATIONS:
It is respectfully recommended 'that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT the ADDENDUM to Report WD-74-89 be received;
2 . THAT Resolution GPA-639-89 be amended:
"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 centred 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 construction, survey and legal
costs, and that the Town agree to dedicate this land as
a public highway. " and
3 . THAT Council approve the by-laws attached to the ADDENDUM to Report
WD-74-91 .
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REPORT NO. : ADDENDUM TO WD-74-89 PAGE 2
REPORT
1. 0 ATTACHMENTS
No. l: Report WD-74-89
No.2 : By-law 91-
No. 3: By-law 91-
2.0 BACKGROUND
2 . 1 At a regular meeting held on September 5, 1989, Council passed
Resolution #GPA-639-89 in Report WD-74-89 :
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"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 centred 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;
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;
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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. "
3.0 REVIEW AND COMMENT
3. 1 Lands Have Been Dedicated
Mr. Arthur Trewin has dedicated the lands to the Town in accordance
with Report WD-74-89 . � �� �
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REPORT NO. : ADDENDUM TO WD-74-89 PAGE 3
The agreement is registered and it is now appropriate to pass the
by-laws to establish and layout the highway and to assume the
highway for maintenance in accordance with the requirements of the
Municipal Act.
3.2 The Problem
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The intent was that the construction of the turn-around circle
referred to in Paragraph One of Resolution #GPA-639-89 would be
done at the cost of the Town. It is therefore necessary to have
Council amend the resolution to reflect this, by adding the word
construction prior to passing the by-law. The amended resolution
would then read as follows:
"THAT the Town enter into an agreement with Mr.
Arthur Trewin to provide for dedication to the Town
of a 21. 65 m (66 1 ) wide roadway more or less centred
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
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construction, survey and legal costs, and that the
Town agree to dedicate this land as a public
highway. "
4.0 RECOMMENDATIONS
4 . 1 It is therefore recommended that Resolution #GPA-639-89 be amended
to include the word "construction" prior to the passing of the by-
laws .
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Respectfully submitted, Recommended for presentation
to the Committee,
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Walter A. Evans, P.Eng. , Lawren e. Kotseff,
Director of Public Works Chief inistrative Officer
JCO*WAE*hj*llv
June 20, 1991
Attachment
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,..� ". TOWN OF NEWCASTLE
REPORT File #
Res. #
By-Law #
NESTING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: SEPTEMBER 5, 1989
REPORT #: WD-7.4-89 FILE #:
SUB ACT: 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 (66') 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
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this land as a public highway;
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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;
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4. `IT'HAT ~14,000 be provided in the 1990 Budget to cover survey and legal
costs and the uix3rading of the Trewin and Grac=e laneways to acceptable
standards for year round maintenance; and ATTACHMENT H0,1
,
WD-74-89 ADDENDUM
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
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No.2: Drawing showing the location of the Trewin laneway and the
road allowance between Lots 14 and 15, Concession 8.
No.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 Ad ministration Committee and subsequently approved by Council on
Septem'x,-r 23, 1988 (See Attachment No.l) .
2. 2 On Oct, , r 31, 1988, Mr. Trewin and others appoared as a delegation before
the 0,neral 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
provi(ie ve, r round maintenance to the Trewin '_.�neway rather than make
extensive repairs to the road between Concessi.>ns 7 and 8, northerly to
farmhouse. (See Attachment No.2)
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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 j
was made by the Darlington Township Council for the maintenance of the
Grace and Uriadka laneways. (See Attachments 3 and 4)
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3.0 REVIEW AND COMMENT
3.1 I 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 i-rom Mr. Uriadka
as to which of the two options he would prefer with .�o 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. Uriad=._i' s lanoway at
a later time.
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REPORT NO. : WD-74-89 PAGE 4
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4.0 COST j
4. 1 The estimated cost to the Town for survey and cost.and upgrading
the Trewin and Grace 1aneways in $14,000.
5.0 RECOMENDATTONS
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. Kotsef ;
Director of Public Works. Chief ivimdnistrative Officer.
WI.i:*llv I
April- 12, 1989
Attac.hmcnts
CC: %Ir. !Tarry Grace �tecola �riadk��
R. 42 c o •]r. Ant!iony E. I,askoswky
31ar.', stock, Ontario i a�r ist��r, :solicitor , Notary
L1C 3K2 P.O. Box 7 ".1
O ,Iiawl-1, On' irio
Trewin 1 �' 0 7
TOWN OF NEWCASTLE
REPORT Fite #
Res.
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By-Law 9
MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: SEPTEMBER 6, 1988
REPORT #: WD-45-88 FILE #:
SIECT: MAINTENANCE OF LANEWAYS 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. Anthony E. Laskowsky
Barrister, Solicitor, Notary
P_0. Box 772
Oshawa, Ontario
L1I3 7M9
2. Mr . A. Trewin
R.R. 91
!�WTT1dnVl� 1'_', C)nt. 11 10
Ll(, 3K2
3- Mr. H. Grace
R.R_ 42 (-
B1.3c_kstoc'k, oiit..tt i<
ATT Ar { V ff NO, 1
Page 2
WD-45-88
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.1(a) & 1(b) } .
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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 No.2) .
1i9
Page 3
WD-45-88
2.3 The location of the Worboy (now Uriadka) , the Trewin and the Grace
laneways are illustrated on Attachments 3, 4 and 5.
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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 N0.7) .
4.2 On November 5, 1985, Mr. .David Gray, Deputy Director of Public Works,
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, :aho 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 oppos A to legal question
5.0 CONCLUSION AND RECG`LNEN,'DATICN
5.1 A review of the correspondence and of t; •_ legal opinion received from
Mr. David Sims, leads to the conclusion hat the not_ liable
to maintain the Uriadka, Trewin and Gr,:: laneways. It is, therefore,
recommended that the decision made by 0,-:veil on November 28, 1983
to discontinue maintenance on the Uriad' (formerly Worboy) , Grace
and Trewin laneways '.�;,e confirmed and th . a copy of this re[x)rt be
forwarded to Mr . A.:;. Mr. A. rewin 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,
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Walter A. Evans, P. Eng. , Lawrence E/K tseff,
Director of Public Works. Chief Adminis native Officer.
:llv
August 9, 1988
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r CORPORATION OF THE TOWN OF NEWCASTLE
,r: T^:4tIPANC:E STREET
OidTARIO
4;
n 3A6 TELLPt iii;dE G23 3�7L'
March 8, 1989
Mr. Arthur Trewin
R.R. #1
Bowmlanville, Ontario
LIC 3K2
Dear Mr. Trewin:
RE: MAINTENANCE OF LANK' A
The purpose of this l.ettor is to confirm our discussion with jiu concerning
the maintenance of your 0neway.
As discussed, I am prepared to recommend to Council, for their consideration,
either of the following two alternatives:
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 dol icate 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.
It would be appreciated if you would keep one copy of this letter for your
-records, and sign the other copy and return it to me, to indicate that you
have decided that you no old prefer the second alternative.
Yours very truly
W.A. Evans , P. Eny .
Director o! _>uk i P .: ,;
This is Uo confirm rhA, ;i oi a'.
noW aN;v.'.
Signed try• )�
� ATTAGI J '110, 5
. 1
1��,..1•Y..Il nf7 llQ
CORPORATION OF THE TOWN OF NEWCASTLE
E. O?:T�.lJlO
L1 3A6 TELEPHONE 623-3379
March 8, 1989
Mr. Harry Grace
R.R. ;2
Blackstock, Ontario
LOB 1BO
Dear iMr. Grace:
RE: MAIN'I'FNANCF OF 1.ANFtiJAYS
`E'ne purpose of this letter is to conriLx, our .: is:-ussion with you concerning
the maintenance of your lane,,,.ay.
As discussed, I am prepared to recommend to Council, for their consideration,
either of the following two alternatives:
1) By agreement between the Town and the property owner, registered on title,
the `rown provide year round maintenance to the laneways, until such time as
the property changes hands.
2) The property owner dedicate to the Tom, 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 ].and 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.
It would he appreciated if y(-)u �.ould keep one copy of this letter for your
records, and sign the other copy and return it to me, to indicate that you
have :lecided that you would prefer "lie first alternative.
Your:, vor ., truly
if
1:> Conl lrm rh-11t pl o!"': a1 tl'rnative one ( 1 )
ATTAMI Uff 1401 G
- 1{,�rra5 rr,�r•,,
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CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO. 91-
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Being a by-law to establish and layout a
public highway in Lot 15, Concession 8,
former Darlington Township, now Town of
Newcastle.
The Corporation of the Town of Newcastle hereby establishes and lays out
the highway specifically described as Parts 1, 2, and 3, Plan 1OR-3597,
in accordance with the Municipal Act, Section 298(1) (a) R.S.O. 1980.
This by-law was advertised in the Canadian Statesman for four (4)
consecutive weeks in accordance with the Municipal Act, Section 301(l) (a)
R.S.O. 1980.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
enacts as follows:
1. THAT Parts 1, 2, and 3, Plan 1OR-3597, are hereby laid out and
established as public highway under the jurisdiction of the
Corporation of the Town of Newcastle.
This by-law to be in effect as of 1991.
BY-LAW read a first time this day of 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third and passed this day of 1991.
MAYOR
CLERK
ATTACHMENT 110. 2
WD-74-30 ADDENDUM
CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
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Being a by-law to assume certain streets
within the Town of Newcastle as public
highways in the Town of Newcastle.
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NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows:
1. THAT the street described in the plan of survey of part
of Lot 15, Concession 8, geographic Township of
Darlington, shown as Parts 1, 2, and 3 of Plan IOR-3597,
registered in the Land Registry Office January 4, 1990,
Instrument No. 52870 (described in Schedule 'A' attached
hereto and forming part of this By-law) all being in the
Town of Newcastle, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the
Town of Newcastle as a public highway known as Trewin
Lane, and assumed by the said Corporation for public use.
2. THAT the Clerk be authorized to apply to the Land
Registry Office to have the Corporation of the Town of
Newcastle shown as the owner of the street, Parts 1, 2,
and 3, Plan 1OR-3597.
BY-LAW read a first time this day of 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third and finally passed this day of 1991.
MAYOR
ATTACKI ENT NO, 3
WD-74-30 ADDENDUI
SCHEDULE 'A' TO BY-LAW NUMBER 91-
Parts 1, 2, and 3, Plan 1OR-3597
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