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Home My WebLink AboutWD-105-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of September 15, 1981. Item: WD-105-81. Date: September 1, 1981. Subject: Road Allowance between Lots 12 & 13, Concession Broken Front, Bowmanville. Recommendation: THAT the road allowance between Lots 12 & 13, Concession Broken Front, former Town of Bowmanville, from the Base Line, southerly to Highway 401, be retained and the request for closure and con- veyance be held in abeyance pending the outcome of Council's action in respect of the Application for Rezoning. Report: The attached correspondence requests the closure and conveyance of the unopened road allowance geographically location in Lots 12 & 13, Broken Front Concession (south of the Base Line) , former Bowmanville. The area in question is in or near floodplain lands and Pyth-Bow Developments Limited and Landawn Shopping Centres Limited are the only abutting owners; as such, the companies are seeking the closure and conveyance of the road allowance to create one parcel of land, rather than being separated by the unopened right-of-way. Discussion with the Department of Planning & Development has re- sulted in the information that the Applicant(s) have made Application for Rezoning of their lands and it is felt that this matter should be finalized prior to consideration being given to the matter of the road closing. It should be noted that there would be the necessity to retain at least one easement over the right-of-way as the Plan of Survey indicates a Hydro Line on the west extremity of same. (S) CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC W0FtK3 DEPAIITMEDIT HAMPTON,ONTARIO L08 1 J J.W.Dunham,Director TEL.(a t 6)263-2231 Mr. R. Timbers, Manager, Land Purchase Division, Regional Municipality of Durham, 105 Consumers Drive, WHITBY. Ontario. July 27, 1981. Dear Sir: Re: Road Allowance between Lots 12 & 13, Broken Front Concession, former Town of Bowmanville (Pyth-Bow) A request on behalf of Pyth-Bow Developments Limited has been made for the closure and conveyance of the road allowance bet- ween Lots 12 & 13, Broken Front Concession, former Bowmanville. Attached is a copy of Plan of Survey No. 74042 detailing the relevant road allowance; it would be greatly appreciated if you could prepare an appraisal of the value of the land involved in order that a recommendation and report may be made to Committee and Council. It is hoped that this matter can be presented to the Public Works Committee Meeting of September 15, 1981, and we would be grateful if you could confirm that an appraisal can be prepared and forwarded to this Office by, approximately, September 1, 1981. .'four usual kind co-operation and attention would be appreciated. Yours truly, � A='�%__ J. DUNHAM. Director. V. Haigh, Secretary. 0 SIEGAL, FOGLER BARRISTERS & SOLICITORS LLOYD S.D. FOGLER, O.C. MICHAEL H.APPLETON,O.C. SYDNEY N.CONN RICHARD A. BAIN TELEPHONE:(416) 864_9700 EDWARD SONSHINE ALAN M.SCHWARTZ LESLIE G.DOLLINGER MARTIN L.MIDOLESTADT TELECOPIER: 864-9700 STEPHEN B, NORRIS MARTIN R. KAPLAN RICHARD S.SUTIN BENJAMIN ZARNETT SUITE 2700 JEFFREY B.GOLDENBERG ARLENE D. WOLFE 390 BAY STREET MICHAEL S.WOLFISH EVELYN BROWN RAYMOND 1,DRUKER JOEL WIESENFELD TORONTO, CANADA MSH 2Y1 HAROLD H.SIEGAL,O.C. REPLY TO. Evelyn Brown (RETIRED) File No. 81/1847 July 7 , 1981 The Director of Public Works _ � t Town of Newcastle ` Municipal Building 7 i Hampton, Ontario LOB 1J0 is V � LL Attention: Mr. J. Dunham Dear Sirs : Re : Pythbow Developments Limited and Landawn Shopping Centres Limited Closing of Road Allowance We are the solicitors for Pythbow Developments Limited and its agent Landawn Shopping Centres Limited, Pythbow is the registered owner of Part Lots 12 & 13 , Broken Front Concession, in the former municipality of Bowmanville . As you see from the enclosed survey, there is an unopened road allowance which runs between Lots 12 & 13 . As our client is interested in developing Part Lots 12 & 13 as one building lot, application is hereby made for a by-law closing the road allowance and allowing the conveyance of the lands to the adjacent property owner. Enclosed herein please find a cheque in the amount of $500. 00 as a deposit for the cost involved in such a by-law. We understand that such by-laws are passed by the Town at no cost to the Town. RECEIVED _ 4 JUL 20 1981 . . ./2 �- - a _2_ Your rom t attention p p n to this matter would be greatly � appreciated. If you have any further questions , please do not hesitate to contact us . Sincerely yours , SIEGAL, FOGLER EB :wf Per: Encl. r"WN OF N ® 0VAL I.CIPAL/TY D(JRAM harm fy Tow) of amwnawle t county of thorn) , s Sooje: i Intl+ 200 kw w DE TA i l o NOT TO SCALE 0 � o � a X72 24`4.5"E 30.17' �— b.83' N 7201720"E Rood '' �rte, orwi' 6`19 09: _ - ' _ d Fd.r oar,/r Fd(,,OS) Fd C L.Y (A.�to! (M T2° 19' 49 E r.s or,ANGL£ 1 I S 2 4 2 7 P L A W S rq 1 +s I ILe# 13 N E ANCO-f �� N.W ANGLC ]i F?«eo fie on L.0 0 j a 12 N E A&c(W_( 11 �Fron+Cerr.s�n fl.o�Five ta+t°s.o+ � ,? h � + LOT 1.3 LOT' l of 3 hsr. NQ n+3ZSSe BROKEN M FRONT CONCESSION 20"E 4,33.62 I Fd awY,Knl 4, 11" IN7p•52 SO"E-INST N4 NS25801 Fd lace) Fd.DAN. (C Y I g A��, Arm — 15. = 22.39 w D Rrn hts*+t + 10437 qC ' l►res a►g.61� a Ifi Q'1 � - r. usr xu.tt� t4 GM Y rG.r 1 53 'r ' t " + Fd_Dxn tc-Y 1 .�e to'= J = Ch. 1 . Fd D.w id.(Cm I ��e�.� � ' R 4n, CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT J.W.Dunham,Director HAMPTON,ONTARIO LOB 1JO TEL.Dunham,,Director Mr. M.D. Brown, Merrill D. Brown Limited, 121 Queen Street, BOWMANVILLE. Ontario. June 26, 1981. Dear Sir: Re: Closure & Conveyance of Road Allowance between Lots 12 & 13, Concession 1, former Bowmanville. (Scugog Street south) Council, on June 9, 1981, adopted a recommendation of the Public Works Committee, as follows: "THAT a reference plan be acquired in respect of the road allowance between Lots 12 & 13, Concession 1, former Bowmanville, and the southerly portion of said road allow- ance, from the south limits of the lands to be acquired by the Central Lake Ontario Conservation Authority, southerly, to the north limits of Spry Avenue, be closed and conveyed to the abutting owners, subject to the granting of any easements which may be required by the Region of Durham and, further, that this be done in accordance with Town Policy for the Closure/Conveyance of Municipal Road Allowances" The foregoing was amended by adding: "Director of Public Works, in co-operation with the Newcastle Hydro Electric Commission arrange to erect a simple barrier at the southerly limits of Clinton Street to prevent unauth- orized vehicles entering the unopened road allowance". In accordance with the foregoing, it would be appreciated if you would prepare the necessary plan, detailing the affected abutting owners of property (on Lawrence Avenue and the Swartz lands) at your earliest convenience. It is understood that Council is most anxious to close and convey the lands into private ownership, thus preventing the unauthorized use of the Creek valley. As you well know, the process of closure and conveyance is somewhat lengthy and involved, and the earlier we can acquire a plan of the area the better. If it is possible to prepare a preliminary sketch, detailing those affected owners in order that we can contact them and determine their interest in land acquisition, it would be most helpful. Thanking you for your usual co-operation and assistance. Yours truly, J. DUNHAM. Director. cc: D.N. Smith, M.C.I.P. , Director of Planning. G. Gray, Deputy Clerk/Committee Secretary.