HomeMy WebLinkAboutWD-79-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT
Director's Report to Public Works Committee of June 9, 1981.
Item: WD-79-81.
Date: May 27, 1981.
Subject: Resolution # W-127-81 (May 12, 1981) &
Resolution # C-479-81 & C-480-81.
Recommendation:
THAT a Reference Plan be acquired in respect of the road allow-
ance between Lots 12 & 13, Concession 1, former Bowmanville, and
that the southerly portion of said road allowance, 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 closediand 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 V
Policy for the Closure/Conveyance of Municipal Road Allowances. z {«
1
Report:
ResotutCon # C-479-81 9 C-410-81 Ap,L,U 13, 1981.
"THAT the Town o 46jen those municipat .2ancls, situate
in the Bowmanvitte Cheek VaP.2ey, south o� Highway
No. 2. , to the Centtcat Lake Ontario Conzetvat(.on
Authon.ity, 4on a nomina sum ($2. 00), pno vided that
ate tega2 and zutcvey expenses ane bonne by the Centhae
Laze Ontarrio Cons vLva tion Authotr i ty and that C.L.O.C.A
convey any nequiAed easements jot beAvices to the
Region oJj iDutcham �on a nom-i.nae amount o6 $2. 00 "
(ass amended)
ReisoZuti.on # W-127-81 May 12, 1981.
THAT the D,ihecton o4 Wotks neview the impt cations
o6 'ctozing' (not necematoity conveying at this time)
the noad allowance between Lots 12 8 13, BowmanviUe,
in the area o6 Lawnence Cne�scent, WaveAtey Gatcdens,
and the extension to Roenigk atLi.ve, and tepott back
to the WonLk Committee as soon as pozzibte."
V
WD-79-81 (2)
It is understood that confirmation of C.L.O.C.A's interest in the
Valley lands will be forthcoming in the very near future.
In accordance with the Town's Policy for the Closure/Conveyance of
Municipal Road Allowances, the implications are that, upon the
appropriate Council authorization for the proposal, a survey and
appraisal must be undertaken to determine the area and value of
land, respectively.
At this time there is a Plan of Survey (No. 74014) of the lands in
which C.L.O.C.A. is interested; this was prepared in 1975 by Merrill
D. Brown Limited and, according to Mr. Brown, will require some up-
dating prior to registry. In order to save time, and undue extra
expenditure, it would be prudent to acquire a Reference Plan for the
portion of the road allowance south of the C.L.O.C.A limits, southerly
to the north limit of Spry Avenue, at the same time as the Plan in
respect of the remaining lands is being prepared.
It is felt that the Municipality's interests would be best served by
disposing of the road allowance to the abutting owners, in accord-
ance with Town Policy; this course of action, in conjunction with
the disposal of lands to Central Lake Ontario Conservation Authority,
would relieve the Town of the responsibility of maintaining or
policing the area.
The southerly portion of the road allowance abuts properties owned,
among others, by residents of Lawrence Crescent; these owners have
already, by Petition, expressed interest in purchasing the portions
of land to which they would be entitled in the event the road allow-
ance is closed and conveyed.
It is understood that the Region of Durham require an easement for
a sanitary sewer along the length of the road allowance (from the
present limits of Scugog Street, southerly, to Spry Avenue) . This
factor should be established, and incorporated into any transfer of
lands.
Insofar as the extension to Roenigk Drive is concerned, this roadway,
known originally as 'Clinton Street' , is paved and is used, presently,
by fishermen, as an access to the lands; unfortunately it is also
the way by which irresponsible persons bring their vehicles into
the Valley area, and this has caused many problems. Perhaps, once
the northerly area is under the jurisdiction of C.L.O.C.A. , posts
could be erected at the southern end of Clinton Street in order
that only pedestrians can enter the Creek area. Presumably the
Conservation Authority will undertake to correct and prevent un-
authorized entry.
TOWN OF NEWCASTLE
MEMORANDUM
TO: J. D. Dunham, Director of Public Works
FROM: David W. Oakes, A.M.C.T. , Town Clerk
DATE: May 13, 1981 a
SUBJECT: Unauthorized Use of Public Lands by Motorcyclists
Bowmanville Creek Valley
The Mayor and certain members of Council have requested
that staff determine the manner in which the problems
relating to the subject can be resolved.
Having regard for the concerns of the area residents,
it may be appropriate to consider the following action:
1. Stop up, close and convey the unopened road
allowance at market value to the abutting owners;
2. Prepare a draft by-law for Council ' s consideration
which would prohibit the use of the Bowmanville
Creek Valley lands by motorcyclists.
Copies of the Mayor's memorandum dated May 12 , 1981,
addressed to the Clerk, a police report dated May 11,
1981, and a report with attachments from Don Smith to
Councillor Hubbard.
When you have had an opportunity to review the material ,
1 would appreciate your comments on the manner in which
we can proceed.
E E C`
MAC` ;� sore•
WOR:,
Tt�G�"� d;:
MEMOKANDU34 Vy c5)
-
TO: -Mr. David W. Oakes, A. M. C.T.
Town Clerk
FROM: Garnet B .- Rickard, Mayor
DATE: May 12th, 1981
SUBJECT: Motorcycles - Bowmanville Creek valley
-------------------------------------
1 enclose herewith an Officer' s Report from
P. C. Craig Greentree of the Durham Regional Police Force.
Perhaps this matter could be discussed with Larry
Simpson .
Garnet B. Rickard
Mayor
GBR/mr
Enc. ( 1)
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Durham Regional PoHcL -orce
v
2.3 0 rn, May'!O' 1931
. . . . . . . . . . . . . . DATE.
. . . . . . . . . . . . . . . . it. . . . .
OFFICER'S REPORT RECEIVED
Motorcycle Complaints
Ire Tmir Pr ATTIER OF
Bowmanville Creek Val-ley
Corporation of The Town Of Newcastle
Your Worship Mayor Rickard
Sir;
This information is directed to your office for your consideration.
The area of the Bowmanville Creek valley from VanStones Mill 9south to
the North fence line of the Schwarz farm on Baseline Rd. in Bowmanville
has become a constant area of complaints with regards to motorcycles.
Officers at 16 div. receive numerous complaints from both residents of
the area and from citizens who use this area as a walking path about the
noise and the careless manner in which these motorcycles are driven.
Generally, these dirt bikes are driven by youths not old enough to obtain
a proper motorcycle licence. It is next to impossible to apprehend these
persons because of the terrain in the areas It is the writers opinon and
concern that if this problem continues, someone is going to be seriously
hurt.
Perhaps persons under your direction can investigate the possibility
of barriing motorcycles and posti.,ag of notice of such in this area.
A solution of some kind to this problem is imperative,
Sincerly
Craig Greentree 299
16 Div. Durham Regional Police
SERGEANT NO.
D.R,P, t,7 -ZMA
v' /
CORPORATION-,OF T�-E TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT O.N. SMITH,M.C.l.P., Director
P-
iAMPTON.ONTAPtOLOS 1JG TEL. (110243-2231
May 3, 1931
Mr. W. Campbt.11
Central L00 Ouc trio Conservation Authority
1650 Dundas Street East
WHITBY, Ontario
Dear Sir:
Re: Sale of Bowmanville Creek Valley
Lands to C.L,O.C.A.
As 1 believe you are aware, the Town of Newcastle re-
cently adopLod a resolution to the effect that the Town offer
the munic i p"I lands in the Bowm nville Creek Valley to the
Authority for a nom.ina.l amount,
For your information, Mr. M. Brown, P. Eng. , O.L.S. , has
prepared a Preliminary plan of survey of the properties and I
believe could advise you of the possible difficulties in establishing
clear title Co parts of the lands . I also suggest that it may be
of assistance, to you to spear: to Mr. D. Sites, Town Solicitor, in
respect of actual Conveyance.
PIS ..s,,2 do not hesitate to contact me if I can be of an),
assistance .
Yours very truly,
DNS:1b D. N. Smith, M.C.I .P.
Director of Planning;
�zD 'M0 R A IN D U M
TO: Councillor Hubbard
Councillor Cowman
FROM: D. N. Smith, DLructor of P1,11111ing
DATE: May 5, 1981
SUBJECT: Unopened Road allowance between lots 12 and 13
former Township of Darlington (Scugog Street}
Conveyance of abutting lands to C.L.O.C.A.
Roegnik extension (status of petition of October
3, 1979 regarding above-noted matters) .
I have your 21emorandae of I-lay 3 and May 4 in
respect of the above and offer the following comments for your
consideration:
1. The lands that are to be conveyed to C.L.O.C.A. lie north
of the Baseline Road and abut some, but not all, of the
lands fronting on Lawrence Crescent. I have attached an
excerpt from the Plan of Survey of this area showing tllc
lands in question. Itwould appear to me that the road
allowance between lots 12 and 13 lying to the east of
Lawrence Cresc. has never been opened. It 'may be possible
td' convey 'all 'or, a portion of that road allowance south of
the 'future C.L.O.C.A. lands to the abutting homeowners at
S-value -to be deteriTdned. These procedures normally are I under-
,taken by the Works Department and the Town Solicitor.
2. It would appear that people using the road allowance to gain
_n
access to the creek are using public property. It bccomes
the responsibility of the public agency having jurisdiction,
in this case the Tom, to ensure that access is properly maintained
or suitably prohibited by fencing, etc. It would appear r t 0 me
that until the Consurvation Authority takes over the creek
valley land that we have a policing problem and must rely on
the good offices of the Regional Police to ensure that damaged
property, etc. is :minimized. I suspect that with the close of
the trout season the problem will disappear, at least, until
next spring. Hopefully, by that time the Conservation Authority
will have been able to spend some money in developing proper
access points, gates and parking lots for the use of the creek
vallo_Y land that should help to overcome the problem.
3. Jri rc.6pvct of the Roe',;nik road extension, which is partially
on the Clinton Street road allowance, our best information '
indicates that it is, at least, in part a public road, although
(57)
2
it nay be difficult to clearly establish title. ?arts of
the Bowmanville Crook valley have never been surveyed sine:!
the original Grant's Plan was registered (1800's) . There
arc a number of instances where there appear to be problems
on title. That is why the resolution passed by Council (copy
attached) requires C.L.O.C.A. to covet all legal and survey
expenses; as the costs to resolve the problems on title couid
be considerable. In the meantime, the Roegnik road extension
provides access to the creek valley land and is maintained by
the Town.
4. In respect of the petition, a copy of which I have retained
for our files; if the property owners wish to pursue this
matter further then I believe it would be appropriate for
the matter to be referred to the Public Works Committee for
a Report from the Director of Works with input from the Plan-
ning Department. The Planning Department has never received
a Copy of the petition nor have we ever been asked to comn2nr
on same.
DNS:lb
Encl.
S-,
UOJ
PDO�
-aADUf
OFFICE OF THE TOWN CLF
71 �.
40 TEW.FIERANCE STREET TELEPHe<E 623-3377
BCWNI;ANVILLE. ONTARIO
., L C 3AA
May 1p 1981
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LP t::l::.._,
aj li:l(�v
Mr. William Campbell, General Manager
Central Lake Ontario Con•servarion Authority
1650 Dundas Street East
Whitby, Ontario
LIN 2K8
Dear Mr. Caml)bell:-
Re: Bo, rm.anv_ille Creek Valley Lands
The folle�•ing recommendation of the Planning and Development
Committee was adopted by Council on April 21, 1981:
9eMAT the Town offer those municipal lands situate
in Lhe Bowm.anville Creek galley, south of Highway
Number 2 to the Central Lake Ontario Conservation
Authority for a nominal ($2.00) provided that all
legal and survey expenses are borne by the Central
Lake Ontario Conservation Authority".
`tours very truly,
r
Gertrude E. Cray
Deputy Clerk/Committee Secretary
99
C.C. Mr. D Smith, Director :;f Plannint;