HomeMy WebLinkAboutWD-15-82 " CORPORATION OF THE TOWN OF NEWCASTLE
k PUBLIC WORKS DEPARTMENT
. G' HAMPTON, ONTARIO LOB 1J0
TELEPHONE (416) 263-2292
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MARCH 22 1982.
REPORT NO: WD-15-82.
SUBJECT: ASHTON SUBDIVISION, HAMLET OF SOLINA.
PART OF LOT 25, CONCESSION 6, FORMER
TOWNSHIP OF DARLINGTON.
BLOCK 13, REGISTERED PLAN M-733.
RECOMMENDATIONS:
It is respectfully recommended:
1 . That this report be received, and;
2. That the One Foot Reserve shown as Block 13, Registered
Plan No. M-733 be lifted, and;
3. That the said Block be dedicated as a Public Road
Allowance.
BACKGROUND AND COMMENT:
As a condition of the subdivision agreement with the Town of Newcastle,
the Developer of Registered Plan M-733 constructed a section of
Hillside Drive, from the Sixth Concession , north for a distance of
approximately 142.037 metres; this was done as an external service
to the subdivision. The total cost of the construction of this road
was borne by the Developer, and a one-foot reserve was placed along
the west side of the road allowance in order to control access to
abutting property and to protect his investment in the road.
Mr. Ralph Davis, the Developer of lands abutting the section of road,
mentioned above, has fulfilled all requirements of his Subdivision
Agreement for External Services in accordance with Schedule 'P' ,
Clause 55.
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WD-15-82 - 2 -
Future access to lots flanking Hillside Drive will be controlled
by the Town of Newcastle's Policy for Entrance.
In view of the foregoing it is now appropriate that the One Foot
Reserve, Block 13, Registered Plan M-733, be lifted and dedicated
as a Public Road Allowance.
Respectfully submitt-'d,
David T. Gray, C.E.T.
Deputy Director of Public Works.
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February 20, 1982.
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REQUIREMENTS FOR EXTERNAL SERVICES
55 . (1) Hillside Drive, as shown on Plan of Subdivision M-733
is an External Service to the development of the "lands" .
The Owner agrees to pay fifty per cent (50%) of all
relevant costs of construction, excluding land costs, of the
southerly 142 . 037 metres of the said Hillside Drive prior to the
removal of the 0. 30 metre reserve shown as Block A on Plan 1OR-
1005.
Payment of the said construction costs shall be in
accordance with Schedule "P" of this agreement.
In determining the cost of the External Services, there
shall be added annually from the first anniversary of the issuing
of the Certificate of Completion to the costs set out in Schedule "]
a sum equal to the interest on the amount of the unpaid balance
from time to time of the cost of the ,External
Services calculated from the date of the '.i•ssuance of the Certificate
of Completion, at the highest prime lending rate charged during
the previous year by the Bank 'of Montreal at its main branch
in the City of Toronto, plus two percent (2%) .
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(2) In the event that payment is required to -be made under
this paragraph by the Municipality before the issuance of a
Certificate of Completion, no interest shall be added to the cost
of External Services .
(3) In the event that payment is required to be made
under this paragraph by the Municipality before the first
anniversary -of the issuance of the Certificate of Completion,
interest shall be calculated at the highest prime rate charged
by such bank, plus two (2%) per cent from the date of the
issuance of the Certificate of Completion to the date of
Payment. Interest shall be calculated on per diem basis to
the date of payment. '
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
56 .
The Owner hereby agrees to carry out or cause to
be carried out to the satisfaction of the Central Lake Ontario
Conservation Authority, all matters more particularly set forth
in Schedule "Q" hereto.
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RESPONSIBILITY FOR DRAINAGE
57 .
Even after the issuance of the Certificate of Release
the registered owner of each lot on the Plan shall have the
Sole responsibility for providing and maintaining adequate
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drainage of surface waters from such lot.
INTEREST IN SAID LANDS
58 . The Owner hereby chargesall his interest in the said
Lands with the obligations set out in this Agreement.
TELEPHONE 72,,,1 t
AREA CODf, a
PARKHILL &L YANCH
aerieter�, Aolici(ors, ;'otnrito �(C)
A J. PARKHILI, Q C , (18961969) J A YANCH, Q C
L A. YANCH, LL B
69 KING STREET EAST
P. 0. BOX 154
O S H A W A
ONTARIO
LiH 71.1
April 29th, 1981
Town of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario
Dear Sir:
Re: William Ashton and Ralph B . Davis Subdivision
This will confirm that Mr . Ralph Davis has toda y paid his sh' are
Of the costs of constructing the roads in the Ashton subdivision,
incurrent to date.
Yours very truly,
PARKHILL, & YANCH
LAY/am Per :
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SCHEDULE "P"
OVERSIZED AND/OR EXTERNAL SERVICES AND THE REIMBURSEMENT FOR THE OVERSLZED
AND/OR EXTERNAL SERVICES
In the event the Owner of land subject to this agreement proceed with Stage
II as specified in Clause 42 upon the sale of the fourth lot as specified in
Stage I under Clause 42, the owner then shall construct the southerly 142.037
Meters of Hillside Drive, and such construction will be considered an External.
Service to the development of draft approval plan of subdivision number 18T-78107 ,
The Town will require the developer of the lands to the west to reimburse the
owner for 50% of the cost of constructing the said portion of the road before
removal of the one foot reserve shown as Block "A" on Plan IOR
In the event that the owners of the lands subject to this agreement do not
proceed with the completion of Stage II as specified in Clause 42 immediately
upon the sale of the fourth lot as specified in Stage I of Clause 42 of this
agreement, the Owner shall upon completion of the first stage enter into an
appropriate agreement with the Town of Newcastle and_the Owners of the lands
abutting to the west for the construction of the southerly 142.037 meters of
Hillside Drive. -
SIGNED, SEALED AND DELIVERED ) THE CORPORATION Or THE 'TOWN 01'
In the presence of: ) NEWCASTLE,
Per:
WILLIAM GEORGE ASHTON
VIOLA MAUDE ASHTON
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