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Home My WebLink AboutWD-81-92 Z THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#_tc�( Date: OCTOBER 19, 1992 Res. # By-Law# Report#:___WD_-_8_1_-_9_2_ File #: r- 07 --2-5-01 Subject: ACCESS TO KIRBY UNITED CHURCH Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report WD-81-92 be received; 2 . THAT Council pass the proposed by-law authorizing the entering into an agreement with the Ministry of Transportation; 3 . THAT subject to receiving from the Ministry of Transportation the necessary permission and approvals from Peter Nolan and the Kirby United Church, the Director of the Public Works be authorized to proceed with the construction of a driveway into the Peter Nolan property in 1992 and to provide winter maintenance on the laneway to the Kirby United Church during the 1992/93 winter season; 4 . THAT the widening of the laneway be carried out in 1993; and 5 . THAT the Ministry of Transportation and the Solicitor for the Trustees of the Kirby United Church, W. Kay Lycett, and Mr. Peter Nolan be advised of Council's decision and that they be provided with a copy of Report WD-81-92 . /2 REPORT NO. : WD-81-92 PAGE 2 REPORT 1.0 ATTACHMENTS No. 1: Minutes of a .meeting held on Friday, 24 April 1992, with the Ministry of Transportation. No. 2 : Key Map showing existing property ownership. No. 3: Key Map showing proposed property ownership and proposed public road. No. 4 : Proposed By-law to authorize the agreement No. 5: Correspondence dated October 7, 1992, from Mr. L. Poste, Ministry of Transportation 2.0 BACKGROUND i 2 . 1 On Friday, 24 April 1992, a meeting was held at the Port Hope District Office of the Ministry of Transportation. Refer to Attachment No. 1 for the minutes of the meeting. 2 .2 After considerable discussion, it appeared that the best method of solving the problem to everyone's satisfaction would be for the Town to establish and layout a road and pass a by- law to assume the road for maintenance. The Ministry has agreed to pay the cost of upgrading the existing driveway to Town's standards . The Town would assume and maintain the road. 3.0 RECOMMENDATIONS 3. 1 It is therefore recommended that the Town enter into an agreement with the Ministry of Transportation to provide for the following: a i The Ministry of Transportation pay the cost of establishing,g, out and constructing the road to Town standards and pay any survey and legal costs involved in the transaction; j I I . . . /3 1055 REPORT NO. : WD-81-92 PAGE 3 b) The Town advertise its intention to pass a by-law to dedicate the improved roadway as a public highway, thereby assuming the responsibility for maintenance; c) The exchange of land as illustrated on Attachments No. 2 and No. 3 . Respectfully submitted, Recommended for presentation to the Committee, Walter A. ..Evans, P.Eng. , Lawrence E. Ko tfseff, Director of Public Works Chief Adminitlative Officer WAE:hj October 8, 1992 Attachments pc : Ministry of Transportation W. Kay Lycett, Q.C. Planning & Design Section Barrister, Solicitor Central Region 14 North Street Atrium Tower, 5th Floor Newcastle, Ontario 1201 Wilson Avenue L1B 1H7 Downsview, Ontario M3M 1J8 Attention: Mr. L. Poste Mr. Peter Richard Nolan 6974 Highway 35/115 Kirby, ON LOB 1M0 i Ministry Min►stere of des Transportation Transports Ontario MINUTES OF MEETING Date: Friday, 24 April, 1992 Time: 11:00 AM Place: Port Hope District Office Board Room In attendance: For Kirby United Church: Donald Hamm Trustee Clair Chapman It Ken Ball . For Town of New Castle: Walter Evans. Director, Public Works For MTO Don Segodnia Property Section Denton McCrory Port Hope District Nat Sen P & D I Purpose: To obtain agreement for the provision of a back entrance to the Nolan property onto to the existing back road and to resolve the future status of the ministry's landlocked lands. Background: As part of the C.A.H 115/35 widening and 7th Line interchange construction, the ministry constructed a back access road to the Church on lands provided by the Town. The Town granted an easement and right-of- way to the Church as per agreement between the ministry and the Town in May, 1984. This back access allowed the closure of then existing two entrances to the Church off the highway. (see attached plan) The ministry owns a parcel of surplus land landlocked by the Church, highway, 7th Line and Town lands. This parcel is presently being used by the Church for parking. Two adjacent residential properties have entrances on the highway. The one next to the Church (Nolan property) has expressed safety concerns and has requested a similar back access facility. As the Nolan property do not have common property boundary with the above easement, such facility would require Church property to have access to the easement. I Discussion: i (1) Don Hamm indicated that the Church had not signed the easement and had not assumed its responsibility. However, the easement has been used for Church access as the front entrances were cut off. ATTACHMENT N0. 1 WD-81-92 Marie from recovered materials Rill de mnthdnux rktip6r6s (2) Walter Evans proposed that a town road instead of the easement should be provided which would allow Church access. He is _prepared to recommend to the Town Council for such provision at no cost to the Town. (3) Mr. Hamm agreed to Mr. Sen's suggestion that the Church provide. Church lands behind Nolan property to construct an entrance from the back road to the Nolan property in exchange of ministry land. Mr. Hamm indicated that Nolan's septic system was located on his back yard and also encroaches onto the Church property. Mr. Segodnia agreed to consider the above exchange provided Nolan's existing entrance was deemed hazardous and was closed off. (5) Mr. Sen indicated that he would review and consider the above proposals and for the ministry to assume all reasonable construction and other legal costs provided they are cost effective on the assumption that the Nolan's front entrance would be closed off. Summary of actions: (1) Mr. Evans will prepare a report for the above designated access road construction by the Town for ministry's comments prior to its submission for Town Council's approval. Mr. Evans will provide proposed construction details and cost estimate to Mr. Sen for his evaluation. (2) Mr. Hamm and the trustees shall obtain United Church's agreement to the above proposal including the exchange of lands. (3) After receiving Mr. Sen's confirmation, Mr. Segodnia will process the above property exchange and disposal and take appropriate actions for the provision of the back entrance to the Nolan property and close off the existing entrance to the.highway. (4) All parties are requested to act as expeditiously as possible. prepared by: . Encl: plan cc: E. Ellard Attendees 1058 l I I , I CONCESSION ROAD 7-C TOWN OF N"EIC-A-STLE PROPERTY CD o + o NOLAN 'm ? m PROPERTY + C> CHURCH °z PROPERTY 4y MT0 PROPERTY = z l \ WF WAY 115 OVERPASS `1 I EXISTING PROPERTY OWNERSHIP CONCESSION ROAD 6 S lJ B Jai C T Sl E KIRB CONCESSION ROAD 7 CIARKE , TAUNTON ROAD ROAD 6 DRAWN BY: J. M DATE: MAY 1992 i aRaNQ ATTACHMENT NO.2 059 WD-81-92 CONCESSION ROAD 7-CLA — 0 PROPOSED 0' ROAD ALW"N TOWN OF NEWCASTLE _ : BACK ACCESS PROPOSED DRIVEN'A� m � ROAD N� z CHURCH s s` s HIGHWAY 115 OVERPASS PROPOSED PROPERTY OWNERSHIP CONCESSION ROAD 8 /J SUBJECT SITE K1RB Y CONCESSION ROAD 7 CLARKE �h TAUNTON ROAD CONCESSION ROAD 6 DRAWN BY: J. M DATE: MAY 1992 ORONO I 0 ATTACHMENT NO.3 WD-81-92 I THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- Being a By-law to authorize the entering into of an agreement with the Ministry of Transportation to permit the Town to establish and lay out a road in Concession 5, Lot 25, in the former Township of Clarke, and to permit the Ministry to build the road to the Town's standard at no cost to the Town. NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between the Ministry of Transportation and the said Corporation to provide for the improvement and the assumption and dedication by the Town of the road as a public road. BY-LAW read a first and second time this day of , 1992 . BY-LAW read a third time and finally passed this day of 1992 . MAYOR CLERK ATTACHMENT N0. 4 `±1 WD-81-92 I of des Transportation Transports Ontario Phone: (416) 235-4955 Property Section Central. Region 1201 Wilson Avenue 3rd Floor, Atrium Tower DOWnsvi ew, Ontario M3M 1J8 Walter A. Evans, P. Eng. October 7, 1992 Director off Public -Works Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Evans Re: Your File C.07.25.01 Highway 35/115 at 7th Line Kirby United church and Nolan Property PropoSced A00099 R*ad and'Entranc* This will confirm that the Ministry agrees in principal with the proposals for land transfers/exchanges and construction of the access roan and private entrance referred to above, as outlined ::n the minutes of the meeting held on April 24, 1992, and as furthE>.r documented in your letters of May 25 and July 29, 1992 to Mr. td. Sore. Mr. sen has approved your cost estimates for the proposE,d access road and entrance construction on the basis of the material provided. We would anticipate repaying the Town on the basis of receipts a:: other accounting records documenting your actual cosL•s to a maXimum amount of the $30, 000. estimated. As discussed, the transactions cannot be finalized until agreements are executed involving the Town, the Kirby United Church, Peter Nolan and this Ministry and, because of the legal survey and conveyancing work required, a time frame extending beyond the current construction season will likely result. In this regard, we would request that provision be made to construct the entrance from the existing rear access road to the Nolan property this year if the Church and Mr. Nolan concur. I i We will anticipate further word from you as to council. is -ATTACHMENT NO . 5 �4D-81092 Mado from recovered materials Felt de mat6rlaux(kv4r¢s 7,00 ' 39Hd 666rS-66 2J 3MOi wn I Jiu bdOd 3 I ?, c 0 1 F,6 , Z i00 1 • decision relative to the foregoing. In the interim, if clarIfication or additional information is required, please let me know. The Town s cooperation and assistance are certainly appreciated. Yours truly Lorne G poste Head, Property section bco N Sen R Tedford T Armstrong 1063 i