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HomeMy WebLinkAboutWD-53-80 i (5y � i TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee. Item: WD-53-80. Date: April 21, 1980. Subject: ENCROACHMENT - 94 Church Street, Bowmanville. Background: The subject matter was discussed by the Public Works Committee at the meeting of December 11, 1978, as a result of which Resolution # W-415- 78 was passed and adopted by Council on December 9, 1978. During the past two years, approximately fifteen encroachments have been considered by the municipality, all of which have resulted in action identical to that which is presently discussed. Report: The attached correspondence states that the subject property " is the only one that had been condemned by a threatening clause", and clearly this is not the case. In Section 354, subsection 93, of The Municipal Act, the following provisions for encroachment are made: 93. For allowing any person owning or occupying any building or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for fixing such annual fee or charge as the council considers reasonable for such owner or occupant to pay for such privilege. (a) Such fee or charge forms a charge upon the land used in connection therewith and is payable and payment of it may be enforced in like manner as taxes are payable and the payment of them may be enforced, but nothing herein affects or limits the liability of the munic- ipality for all damages sustained by any person by reason of any such erection upon a highway. . t / 2 . . . V , ( � WD-53-80. - 2 - The foregoing can be incorporated into a by-law and, presumably, a time element can also be included. To this point in time encroachments have been granted at no cost to the property owners which, in my opinion, has been a reasonable approach by the Town; in the past there have been two occasions where mortgage companies have expressed concern with Town Policy relative to encroach- ments, and the fact that they are granted on a "year-to-year basis for as long as the land is not required for municipal or public purposes". Recommendation: WHEREAS concerns have been expressed relative to encroachments on highways under the jurisdiction of the Town of Newcastle, it is deemed necessary that the following Policy be established: 1. Written requests for acknowledgement of en- croachments shall be considered by a Comm- ittee or Council, in accordance with Section 354, subsection 93, of The Municipal Act. 2. After consideration Council may establish an annual fee, such as may be reasonable for an owner or occupant to pay for the privilege of encroachment on municipal property. 3. Upon payment of the first annual fee, Council may pass the appropriate by-law in respect of the encroachment, and this shall remain in effect until the Town of Newcastle, or the property owner or occupant, has requested a repeal of, or amendment to, the by-law, such notice or request shall be given at least 60 (sixty) days prior to any year's end. OFFICE OF THE TOUN CLERK T L=L EPH 7)NE 623-3379 0 TFAAPFRANCF STRFET L 1 C 3A6 April 14 1980 Peter Kowal Jr. Real Estate & Insurance Limited 52 King Street West Bowes-inville., Ontario UC IR4 Dear Sir: Re: 91 Church. Street, Dowmanville, Ontario Thank you for your letter dated 11arch 28 1980 addressed to 11y or Garnet B. Rickard. Council has referred your letter to the Director of Public Works for a Repor and recommendation to the Public VTorhs Coranittee and .oj�mww" Council. Ve shall advise you of action taken in due course. Yours very truly, Mhnof se, h M We"Ircy, -A.M.C.T. Vn Clerk cc: Director of Public Works w, C0J'11;419*1_e'_111=J_ T Plan-10111,111. IT 11101 ISH-1 11: INTIM!-N 10 1 1AWFU 52 VNG STREET WEST BUS. 62&2453 BOWMANVILLE, ONTARIO �h 31i REa 62M336 PETER C; KOWAL jR , FOEWDENT March 228, 1980 10. G. B. Rickard , Ylyor, Corporation of the Town of Newcastle , L,,O Temperance Street, Bowmanville, Ontario. L1C 3A6 Dear Sir: Re: 94 Church St. , T3o-v,, an -,.,rille , Ont i enclose a copy of the following: 1) letter to L. C. Mason, Q. C. , dated Dec . 19, 1978 , from the Corporation under hand of Gertrude E. Gray , wKich is self explanatory 2 Copy of survey 3 COPY Of letter to P. Kowa! from L. C . Mason We have had the above dwelling listed for sale for some time now and when we inform any prose ecti�',.,e purchasei-s of th�2 clause that we have to embo6y into an Agreement of Purchase and Sale , the neEotiation is dropped , As we are aware there are nu.r,-,erous d-,:�7e_-CLinEs -.-,�h_i_ch encroach onto town property throuyiowt the Region , znd this is t4- only one to my knowledge that had Hen by a clause , which i am sure will prohibit the sale of this nroper;y, 7 am sure that was not the intent of the Committee , but ulfornunataly, this has been the result . 1 , therefore , on behalf of the o-,',—nn r of this dweilin,s request Shat the Corporation withdraw of s notice and clear the way for the disposition of the property in a normal manner. Failing the removal of phis stigma may make it necessary to engage a solicitor in order to resolve this matter . Yours very truly, p PH/ek Peter Kowal jr . encl. vw i� 41 lJ 'CST.. . 1.7 vw i� 41 5ARRISTER. L.ICITOR. NOTARY BOX 129 HOB^+M NVILLE. ONTMTO WC 3K9 OFMCE AT 135 WELLINGTON STREET °NONcS ^"'A CODZ n5 � `� May Oct,. =97_' I n Peter t\l„'wa l Jr . Real Estate, 52 MA West, p =•J 9 rI . Dear Sir: Q : 94 Church Street _ , G,t , enclose a O' p�'' OI the s�_rve r~, n. �.i-. w � » iY r .Y�r., -� _ which�Y y �r.._._ 2 �•rG made .��%� �..�.. v" wL�C.s'...;:.t YOu will 000ce Mat Leie Muse that : nc Ya ..._i z;s c+a i° �o v ee L ano we have a resolut1 ou f_Ou: C of the n o � Newcastle remain on a year-to-year bas__ MY O L � enclosed. _ � a_ . it 20211 Lo well to "Ody th-vu things into any affe,�, ?at may to accepted. a � 1 1 -- ._..m...Gt�+�u,�.rm;.;'.}*n' ErtW:muwamllNnaR:+•a ...mms.�..vor..zw ra"aa.•.+.va.rx+..nw.m-w,v m>c--uroe�4vccs n xL ' OF- SURVEY O { d ..F'F` 7,�^q±' \.�' V t�E` � t �`Y � v+'F Y.�... 1 (,f"�n r f /� ,�:�?+o£.✓s` 1-," a;,p�;f-.... +`+ � .,v+�, .Pe.__, t F`1..F;v. f l;� , �� �r4 ;.,.✓'.,o i�¢"a�r?.?y.. v `x, t` t � --- --�— �—--- —__Its•-�_,%�°,6.. ___.�_.�. .�...._ � � � � �-i f , . ,h 14 jury �'ao py .n... --r, + i';��-.......a,.-........�....��-"... 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