HomeMy WebLinkAboutWD-53-80 i (5y �
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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
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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 �
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it 20211 Lo well to "Ody th-vu things into any affe,�,
?at may to accepted.
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