HomeMy WebLinkAboutWD-37-82 IV
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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
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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
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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.
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Should you require any £u tt£ information regarding the above, :
please feel free to contact me.
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Yours Truly, /
H M N u h, ".^
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Property A eat
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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
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW 82-72
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being a by-law to authorize the execution
of an Agreement with the Ministry of
Transportation and Communications
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The Council of the Corporation of the Town of Newcastle
HEREBY ENACTS AS FOLLOWS: ?
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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".
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By-law read a first and second time this 25th day of May 1982.
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By-law read a third and final time this 25th day of May 1982. C
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Mayor
Seal
Clerk
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" 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
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District 7 i
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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
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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
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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;
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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.
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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,
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or mailed by prepaid registered post to, the aforesaid address.
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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.
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Dated at this E
day of
� .D. , 19 f
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EXISTING CREEICJED TO 6E FILLED
IN AND TOPSOILED a SEEDED.
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_ ROgDWAY PROTECTION iv
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OF NEWCASTLE
TOWNSHIP OF DARLINGTON
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N80' 44'E
10.000 i
eti2 L—_BLOCK. 12
PLAN M 747
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PARCEL PLAN-1
PART 1 /k n SECTION M-747
�°0 BLOCK 15
srn RESERVE f
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11110°45,EEg MEAS.1 Z0 PLAN M-747
N 84.44 PLAN M•747 )
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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
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SECTION M-T47
IN IN
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HWAY 2 i ( KINGSTON
'S HIGHWAY 2 AS SHOWN ON PLAN 614(P-1680.8)1 AND I PLAN 19984 ( P 1680 10 )
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—NO(;-'4 4'E !8.000 10.000 N80 44'E 54.865
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1 N80°44F-
I PLAN 179 ( P-1444 HWY$.) 18.394
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j� PLAN 614 ( P-1680-81 18(C
464) i
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1 201.647
80°44'E PART 4
1 NBO.44'E 5.000
20.000 N80•44'E 76.102
WIT. MIT.
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20.000 2 Nh
INST. 75464 0 T 33
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