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Home My WebLink AboutWD-15-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of January 20, 1981. ITEM: WD-15-81. DATE: January 19, 1981. SUBJECT: MILLSON sale to MacLEAN. Part 3, Plan 1OR-417. BACKGROUND: The attached subject matter was referred by the Clerk for a report and recommendation to Committee. Plan 1OR-417 :indicates an encroachment on Church Street in Bowmanville9 the encroachment is minor and it has been suggested that a by-law be passed to allow same. This would not, however, be in accordance with current Town Policy. REPORT: At the September 30, 1980, Public Works Committee, Resolution # W-265-80 was passed as follows: "THAT pe4mvs6ion Uon an enenoaehment be gjtan,ted on a yeah-.to-yecue basin, 40A 0,5 tong as the Land in question ,ins not tequiAed Got A4unicipat puApozez on pubtic use; shoued the tattek oee- cuucence take peace, a zix-month peAi.od ob notice i,hat 2. be given". The foregoing was adopted by Council on October 6, 1980, thus establishing the Policy for Encroachments. RECOMMENDATION: I, THAT the encroachment, as defined in Part 3 of Plan 1OR-417 . (dated October 4, 1974) be granted in accordance with Town Policy. i i COPPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK `0, '.1' •� rsi 40 TEMPERANCE STREET TELEPHONE 623.3379 nn BOWMANVILLE, ONTARIO LIC3A6 4 T�' January 13 1981 Mr. Douglas J. Barber P. 0. Box 339 22 King Street East Bommnville, Ontario JAC 3U Dear Mr. Barber: Re: Millson sale to Mc-T,--an Part 3 Plan 10R—17, Bowmanville (Town of Newcastle This will aclinowledge your letter dated December 29 1 080 and your appearance before Council on Janvavy 12 1981. Your request has been referred to the Director of Public Works to report to the Public Works Cnittee on January 20 1981 and to Council on January 26 1981. I understand .-hat you will be attending the Public Works Comnittee meeting which is scheduled for 9:30 a.m, on Tuesday, January 20 1981 in the Bell Building. Yours very truly, JMM:nof Joseph M. McIlroy, A.M.C.T. Town Clerk cc: Mr. J. Dunham, Director of Public Works Mrs. G. Gray, Deputy Clerk/Conudttee Secretary RECEIVED ,Ian' 14 IgAI WUs. TOWN G' .'",'JCA CO11M4UNICATIONS D - 9 I-A ® Direction ougl ES airt eo Barrister and Solicitor P.O. BOX 339 22 KING STREET EAST BOWMANVILLE, ONTARIO L1 C 31.1 (416) 623-2525 Mr. Joseph Mc7?boy, Clerk Town of Newcastle, Town Hall, 40 Temperance Street, BOWMANVILLE, Ontario. Dec. 29th 1980. Reg Millson sale to McLean Part 3 P1an. 10R-417 Bowmanville (Town of Newcastle) Dear Mr. Mclls:oy9 I nia pleased to enclose a draft of the encroachment by-law I have spoked to you about, with. a copy of the R-Plan of Survey attached thereto making the enclosure self-explanatory. As this encroachment area is physically extremely minor, and as a real estate transaction scheduled to close January 2nd- 1981 has had to be postponed pending the outcome of this by-law application, I have asked to have this matter put before council at the next available meeting, namely Monday January 12th 1981 and I understand you to say you will put the matter on the agenda for that meeting, and that I should attend at courtroom i12, Fire-Police Building, Church Street, Bowmanville, Ontario at 9.30 in the morning on that occasion with Mr. Millson to speak to the matter. Thank you for your cooperation. I have dated all passing dates of the ley-law for the 12th of January 1981 in. hope that the Council will pass it ou ght on that occasion. Yours very truly, c 3� �9a0 ®F NEW CA / -�i t-. ` �" tOW�� ✓ DOUGLAS J. BA' ER �d�.�-�..�__ �� .► ---- plc:.-,d 6ORP0RA7ION OF THE TAN OF N9WCASTU n ��.• By-lam 81- being a by law to allow an encroachment onto Church Street in the Geographic Town of Bqvmamvillo in the County of Durham now in the Toes of Newcastle, <+ Regional Municlpality of Durham WHEREAS Leland Jack Millson is the owner of the lands and pirezises being composed of part o¢ Town Lot 6, Block 1, on the North side of Church Street, according to C.C. Inning's Plan of the Town of Bowmanville, formarly part Of lot 11 in ths�, �at Concession of the ,Geographic township:.of Darlington, and being more particularly designated as all of Part 3, Plan 10R-417, and as shown on a R-Plan of Survey (10R-417) which is attached hereto as Schedule "A`°, nwu being in the Town of Newcastle, Regional Municipality of Durham, AND WHEREAS the onid R-Plan of Survey has disclosed that the building thereon has inadvertently been erected on the road allowance known as Church Street, Bowmanville, NOW THEREFORE The Council of the Corporation of the Town of Newcastle pursuant to the 142unicipal Act, R.S.O. 1970, Chapter 284, Section 354 (1) paragraph 93 HEREBY ENACTS AS FOLLOWS: 1. That the said Leland Jack Millson or the owner or occupant front time to time of the building on part of town lot 6, Block 1, on the North side of Church Street, according to C.G. Hanning's Plan of the Town of Bot-nnanville, formerly part of Lot 11 in the 1st Concession of the Geographic township of Darlington, and being more particularly designated as all of Part 3, Plan 1OR-417, now being in the Town of Newcastle, in the Regional Municipality of Durham, and as shown on the R-Plan of Survey attached hereto as Schedule "A", be allowed to maintain and use the encroachment of his building erected on Church Street ao shown on said R-Plan of Survey attached as Schedule "A" until such time as the said building is demolished or for any reason whatso- ever censeo to be situated as shown on Schedule "A" attached hereto. 2. That the said Leland ,Jack Millson or the owner or occupant from time: to time of the property as described in paragraph 1 have the right from time to time to make all necessary repairs and renewals to the Z3isilding but that the licence shall cease to exist on the happenin3 of the following occurences: (a) 'Th2 total destruction of the building shown in Schedule "A" (b) Partial destruction so as to render the building, set out above, ur- nhabitable. ij 3. Tiro owner of the said residence property, from time to time, pay to the of Newcastle an annual fee of $1.00 in advance for the right to maintain the use the said encroachment. Si I By-Law read a ftzzat and second time this 12th day of January, 1981. : ) By-Law read a third and final time this 12th day of January, 1981. � Garnet B. Rickard Mayor ; Joseph M, Mcllroy Clerk s tik <o�sq` L� �O QQ � M M 3 F4 11 �S mos) ' Of 6n N ,t o Fd 0(108)4 / - 50.81' ..� Rnkks hst N4 N18894) Fd 0(1108) If To BRAG ) g ` IN 0% cto- �• 1 (__-•-- d SA m 0 P.. s 0 � r �. •, b 1 N Z N I I 2 STORY !!STUC �6` CAUTIO THI i ti'�DWELLING V N: S "`' SU131 tong A2 9vj C tarp, NOTE:ALL HANGING LINII w.hlos) I I i BEARING �IEFERENCE The NIT°26'30°W(astronomic)of the ytk�sterly limitof Liberty SURVEYOR'S CERT� ITED Street as shown on a plan Of shy attached to Inst. Ng I HEREBY CERTIFY THAT- We 6770 overns all bedeihos shown I.This survey and plan ore Correct and in acca' ' g hereon. Act and the RegistryAct and the regulations m(' 2.The survey was completed on the 22nd,day of,