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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 . . . .2 I 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 : i I "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; i 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 . � �� � . . .3 i i 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 i 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 i 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 . I Respectfully submitted, Recommended for presentation to the Committee, I Walter A. Evans, P.Eng. , Lawren e. Kotseff, Director of Public Works Chief inistrative Officer JCO*WAE*hj*llv June 20, 1991 Attachment i I ,..� ". 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 i this land as a public highway; I 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; I 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 ------------------------------------------------------------------ i I 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 i 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) i REPORT NO. : WD-74-89 PAGE 3 --------------------------------------------------------------------------------- ! 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) i I i 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. i REPORT NO. : WD-74-89 PAGE 4 --------------------------------- I 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. i 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) } . 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 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. I 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. 0 Page 4 Report WD-45-88 i Respectfully submitted, Recommended for presentation to the Committee, r Walter A. Evans, P. Eng. , Lawrence E/K tseff, Director of Public Works. Chief Adminis native Officer. :llv August 9, 1988 J I �JI REGIONAL RD__ ;i 20 ;� n n TREWIN LANEWAY M n ti a a q� 0 ti � Y � d cr cr- W W UNOPENED Q- a o ROAD o 0 w ALLOWANCE _ � cn Q � CONCESSION RD. 8 ATT,ACH;'Ei dT NO,, /�t �fy3 6 h ! C 2 P CONCESSION RD. 10 u n 'I n I n a GRACE ,,�LANE WAY l o 1\ If u n q i I' 4 UNOPENED ROAD LLO WANCE LL 0 J W Z W Ii �j �I I� ATTA M E R X, 3 Z-A-8D ENFIELD CONCESSION RD. 9 h r- rr I BOUNDARY RD. CPR D 0 CONCESSION RD. 10 0 J uj LL- -.K UNOPENED w ROAD URIADKA LANEWAY ALLOWANCE �I j I' i it �� 1 All A%H lE ff i C. i 9 i 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•,, i CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 91- i 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- i i Being a by-law to assume certain streets within the Town of Newcastle as public highways in the Town of Newcastle. I 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 i