HomeMy WebLinkAboutPD-201-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: General Purpose and Administration Committee File # LO D9 3-
Date: September 9, 1991 Res. #
By-Law#
Report#: PD-201-91 File #:
Subject: RELOCATION OF RIGHT-OF-WAYS
OLD BOWMANVILLE ARENA SITE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. That report PD-201-91 be received;
2 . That the necessary by-law be passed to authorize the Mayor
and Clerk to execute an Agreement with Joanne Swadron for
the relocation of the right-of-ways on the Old Bowmanville
Arena site; and
3 . That Public Works staff be authorized to construct an eight
foot (81 ) wide gravel driveway on Part 3, Plan 1OR-2146
prior to the execution of the Agreement.
REPORT:
1. on the old Bowmanville Arena site, there is an existing
right-of-way in favour of Joanne Swadron. Said right-of-
way allows J. Swadron, who is the owner of a property at the
extreme south end of the arena site, to gain access out onto
Queen Street along the top of the bank and exit near the
west end. (see attached sketch) .
2 . The right-of-way was recognized in a 1986 Agreement between
the Town and J. Swadron. The Agreement also contains a
proviso that the Town has the right to request for the
transfer of the location of the right-of-way, and
specifically, to transfer the westerly access to the
2
REPORT NO. : PD-201-91 PAGE 2
easterly location. In addition, the Agreement calls for the
construction of an 8 ' wide gravel driveway on the relocated
right-of-way prior to the transfer.
3 . Subsequently to our examination of the location of the
existing right-of-way, it becomes evident that the current
right-of-way may jeopardize the efficient use of the old
arena site. With the demolition of the arena, it now
becomes possible to relocate the right-of-way to the
easterly portion of the site.
4 . Joanne Swadron has been contacted with respect to the Town's
intention to seek the right-of-way transfer and has agreed
to the arrangement.
5 . The Agreement to transfer the right-of-way has been drafted
by the Town's Solicitor and has been executed by J. Swadron.
6 . Prior to execution of the Agreement by the Town, a by-law
authorizing the Mayor and the Clerk is required.
Respectfully submitted, Recommended for presentation
to the Committee
6
Franklin Wu, M.C. I .P. Lawrenc Kotseff
Director of Planning Chief inistrative
and Development Officer
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*Attach
8 August 1991
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 91 -
being a by-law to authorize the entering into of an
Agreement between Joanne Swadron and the Town of
Newcastle
WHEREAS the Council of the Town of Newcastle deems it expedient
to enter into an Agreement with Joanne Swadron for the relocation
of the existing right-of-ways on the Old Bowmanville Arena site.
NOW THEREFORE THE COUNCIL OF THE TOWN OF NEWCASTLE ENACTS AS
FOLLOWS:
1 THAT the Mayor and Clerk be authorized to execute on behalf
of the Corporation of the Town of Newcastle, and seal with
the Corporate Seal, an Agreement between Joanne Swadron and
the Corporation of the Town of Newcastle, dated September
16, 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 time and finally passed this day of
1991
MAYOR
CLERK