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HomeMy WebLinkAboutWD-37-82 IV 4 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1JO 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 17, 1982. REPORT NO. WD-37-82. SUBJECT: RECONSTRUCTION OF HIGHWAY NO. 2. , FROM OSHAWA TO BOWMANVILLE. RECOMMENDATION: It is respectfully recommended: 1 . That this Report be received, and; 2• That a by-law be passed authorizing the Mayor and Clerk to execute and Agreement between the Town of Newcastle and the Ministry of Transportation & Communications, in respect of a permanent limited interest in the lands shown as Block 12, Plan M-747, for the rehabilitation of the existing Farewell Creek to facilitate the recon- struction of Highway 2. BACKGROUND AND REPORT: As Members of Committee are aware, the Ministry of Transportation & Communications proposes to reconstruction Highway No. 2. , from approximately 0.1 kilometres west of the Townline Road (Newcastle- Oshawa Boundary) , easterly a distance of 9.2 kilometres to a point 0.1 kilometres west of Regional Road 57, Bowmanville. By Resolution # C-78-1513, Council endorsed the Ministry's proposal , at which time it was understood and agreed that, in order to facilitate construction, the Ministry would require various lands, or the use of same for the duration of the work, or to implement v I WD-37-82 _ 2 _ intersection and widening improvements. Attached is a request from the Ministry that the Town grant a permanent, limited, interest in the lands over which Farewell Creek flows, immediately north of Highway 2 (Lot 33, Concession 2, former Darlington) . The lands involved, shown as Block 12, Plan M-747, are owned by the Town of Newcastle and the Ministry is proposing that it be granted a licence of temporary owner- ship during the period of reconstruction of the highway, which is now tentatively scheduled for commencement in August, 1983. The Ministry of Transportation & Communications details the necessity to realign, or correct, the watercourse, and agree to fill and rehabilitate the former creek bed. The Ministry is asking that the Town grant the licence, in the fee of $215. 00. , on a twenty-four month basis, to be renewable if necessary. Upon completion of the highway construction project, the lands involved would revert to the ownership and responsibility of the Town of Newcastle. Attached are copies of all documents forwarded by the Ministry for consideration, together with the Licence Offer defining the terms and conditions of the proposed transfer of lands. Respectfully submitted, R.G. Dupuis, P. Eng. , Director of Public Works. May 10, 1982. :vh Ontario Ministry of Phone: 248-3135 Transportation and Property Section Communications 3501 Dufferin Street Downsview, Ontario M 3K 1N6 March 25, 1982 The Corporation of the Town of Newcastle 40 Temperance Street { Bowmanville, Ontario LOB UO Attention: Mr. D.N. Smith Dear Mr. Smith: Re: Highway No. 2 Block 12, R.P. M 747 -s Town of Newcastle Plan P-1680-81, Part l W.O. 110-72-01-C As discussed in our telephone conversation of March 17, 1981. This Ministry intends to reconstruct Highway No. 2 from Oshawa to Bowmanville. During this reconstruction program, we intend to rehabilitatate the existing Farewell Creek in the vicinity of Highway No. 2. To facilitate this creek rehabilitation, this Ministry finds it necessary to acquire a permanent limited interest from those lands owned by the town of Newcastle shown as Block 12 on R.P. M-747. I have enclosed the following for your information: 1) Copies of the Ministry's proposed reconstruction of Farewell Creek. 2) 2 copies of Ministry Plan P-1680-81 showing the lands required by the Ministry. 3) Licence Offer in the amount of $215.00 Should the foregoing meet with your approval, would you please have �v the Licence Offer completed, executed and returned to this office. Would you please note, that the acceptance date on the second page of the offer, should be 60 days from the date of signing. r n. 2 - .. \ [ Should you require any £u tt£ information regarding the above, : please feel free to contact me. } % Yours Truly, / H M N u h, ".^ . Property A eat aM r En l: \ ON ( � � . � [ � � [ ) \\ yi � \ \ � � � \ � THE CORPORATION OF THE i TOWN OF NRUCAS,rLE Certified Copy of Resolution #W-399-78, passed on November 16, 1978 and endorsed by Council Resolution #C-78-1513 on November 20, 1978: THAT the 60.ttowing neques.t o6 the Min.iJs.tAy 06 TnanS pan.ta.t,i.on and Communications contained in tJla r. te-tteh to At. J. Dwtham, dated November 9, 1976, Aetative to Wn.i,6PUY (0o)tk Project 110-72-000 11.Zg{uvay 2, Peet i.mbutAy Dn ign Study, 6rom Oshawa East LiMW eastWy to West os Reg.iona.t Road 57, SowmanvitZte, 5. 7 Mites, tlWni.c.t. 7 - Poh.t Hope be endorsed in pki.ncipt.e subject to previou�sty 6ouarded kaotutiOn6 ne. eoWtAucti.on o6 s.ide- wa.tks and 6ur,ther c.ta&u6icati.on o6 highway ,iUumtnaVon and -tna66.ic con-tAot s.igrlats: (ti) agreement in pn:naipte with the pnet iani.nary deaign pnoposa z as Utus.ticated on the attached p Pans. Iu) agreement to the proposed t4ans6er, a4ter eonsttn.uetion, 04 pnopVLty to be aequ,bced by the Alinus Ay on 6 idVwad6 bon in-tmecti,on 4mp4ovemen-ts, as cross-hatched on said ptams. agn.eemen-t to the proposed assumption and Ctosune 06 that ponti.on o6 O.Qd Ungs.ton Road South o 6 Highway 2, (Out 06 Station 124+00." Certified True Copy Deputy-Cler—k i I I i I Y THE CORPORATION OF THE TOWN OF NEWCASTLE i i BY-LAW 82-72 { being a by-law to authorize the execution of an Agreement with the Ministry of Transportation and Communications { w The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: ? I 4 That the Mayor and Clerk are hereby authorized to execute on behalf I of the Corporation of the Town of Newcastle and seal with the Corporation Seal, an Agreement between the Ministry of Transportation and Communications and the said Corporation, in respect of a permanent limited interest in the lands shown as Block 12, Plan M-747, for the rehabilitation of the existing Farewell Creek to facilitate the reconstruction of Highway 2, dated the day of 1982, which is attached hereto as f Schedule "X". { E { I I By-law read a first and second time this 25th day of May 1982. fI By-law read a third and final time this 25th day of May 1982. C I w Mayor Seal Clerk G I t i " tl►ri 1,111(T ►n 1 RAN`i►'►►fl 111 l I Url ALAI► I-IIIgiIIfj 1 1'11 11I11J!i LICENCE OFFER SCHEDULE "X" TO BY-LAW 82-72 W.O. # 11l)-72-01-C 44,-1�rn� Hwy i District 7 i i I/WE _ The Corporation of the Roc. Town of Newcastle M App. (Address) 40 Temperance St ! APP• i 8owmanyille� Qntario App. ! hereinafter called the "Licensor". WHEREAS the Licensor is the owner of that tract of land located in the Town of Newcastle in the Regional +, un_ici at {tv of _ Durhnm j being in Lot Number 12 in the 9J0K1X9)5A4AMXW' according to I IRegistered Plan Number M-747 and shown as Part 1 or Plan P- 1680-81 deposited as Number 1OR-1419 in the Land Registry Office hereinafter called the "Land". AND WHEREAS the Licensor hereby OFFERS TO SELL TO HER MAJESTY THE QUEEN in right of the Province of Ontario as represented by the Minister of Transportation and Communications for the Province of Ontario hereinafter i called the Licensee, from the 1st day of April A.D., 1584 I until the 31st day of March A.D., 19 86 , inclusive of both dates, with the day after the latter, date being hereinafter called the. °Termination Date", in consideration for the sum of 5215.00 Dollars, the hereinafter mentioned rights. 1. The right to have any or all of the rights hereinafter set forth exercisable by any or all of the Licensee's authorized servants or contracted parties; , 2. The right within 2 years from the aforesaid Termination Date to renew I the rights in paragraph 1 hereof and as hereinafter set forth for a further period of 24 months commencing at any date fixed in the absolute discretion of the Licensee within a period from the Termination Date to a date 2 years thereafter inclusive of both dates - said right of renewal is exercisable by the Licensee paying the Licensor a further s, of `.;215.00 Dollars and fixing the commencement date of the renewal period within the aforesaid 2 years; i 3. The right to be notified by the Licensor in writing at least 90 days j prior to any change in ownership of the Land; 4. The right to have any and all changes in ownership contemplated in item 3 above made subject by the—Licensor at his sole expense to the ` terms and conditions of this LICENCE OFFER; 5. The right to be saved harmless and indemnified by the Licensor from any and all expenses, costs, claims and demands incurred by the Licensee as a result of the Licensoe's failuro- to effect his obligation under item 4 hereof; A .... ...... ...... .... . (Liconsor(s) Initials . . .2/- SCHEDULE "X" TO 8Y-LAW 82-72 2 6. The right to enter the property referred to in this offer for the purposo of stream Realignment. The Minister ngroos to leave the site j in a clean and tidy condition free from debris. I 7. j 6 I f ' s 9. I This OFFER being under seal is irrevocable, and, up to and including the day of , A.D., 19 , is open to acceptance by the Licensee by letter to the Licensor delivered at, � t or mailed by prepaid registered post to, the aforesaid address. I i The Licensor hereby acknowledges that this OFFER is not made subject to any promise by any agent of the Licensee and that this OFFER shall not bind the Licensee unless and until accepted and effected as aforesaid. ' f Dated at this E day of � .D. , 19 f i (Sea.. f. (Sea? I i i I i 1 i 11 OG ?usr, 5W mrr Random Random �< Q.P< h 7"`i 7 ° r Rip Rap g�>< ��-� ° �"'�% RAP IN DIT+ ° 1 RIP + RANDOM 3se ;4� EXISTING CREEICJED TO 6E FILLED IN AND TOPSOILED a SEEDED. �-c� .—j �� �,yr .-. .•WATERCOURSE CORRECTION'_ —� -450 7. 525��— 49 45 DD-601-8 150 48 --7- � - --- $ - - - o — «-- goo h _ ROgDWAY PROTECTION iv l m E I OF NEWCASTLE TOWNSHIP OF DARLINGTON i I (e N80' 44'E 10.000 i eti2 L—_BLOCK. 12 PLAN M 747 .tP I b PARCEL PLAN-1 PART 1 /k n SECTION M-747 �°0 BLOCK 15 srn RESERVE f ?pM ry� mo 11110°45,EEg MEAS.1 Z0 PLAN M-747 N 84.44 PLAN M•747 ) W 80,°45 36.000 10.000 IT N 80^°45T5EE BLOCH EAS.) N00 44 E (PLAN M-747 ► I I 190.174 (MEASJ 190.342(PLAN M-747) PLAN A N M-741 ^—j- I 193.234 (MEAS.) 9'3.402 PLAM M-7 N80°45'E PARCEL PLAN-I BLOCK-I 5 I 5.000 I ( PLAN 19984 ( P-1680-10 ) SECTION M-T47 IN IN I I HWAY 2 i ( KINGSTON 'S HIGHWAY 2 AS SHOWN ON PLAN 614(P-1680.8)1 AND I PLAN 19984 ( P 1680 10 ) _ _ —NO(;-'4 4'E !8.000 10.000 N80 44'E 54.865 11 I (CALL.FROM INST; 1 N80°44F- I PLAN 179 ( P-1444 HWY$.) 18.394 i j� PLAN 614 ( P-1680-81 18(C 464) i I 1 201.647 80°44'E PART 4 1 NBO.44'E 5.000 20.000 N80•44'E 76.102 WIT. MIT. elm i W.44'E Z AV) `� 20.000 2 Nh INST. 75464 0 T 33 i 'CON C E S S 10 N 2 N1 N � 2 h i 181D5F )