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WD-80-92
UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE �J REPORT _2 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: OCTOBER 19, 1992 Res. # By-La Report#: File #: _T3_-_1_0_,42, C. 01. 33 . 01, C. 6 .32 . 04 w# 1. AMENDMENT TO POLICY AND PROCEDURE FOR ROAD CLOSURES Subject: 2. APPLICATION FROM RIDGE PINE PARK INC., FOR THE CLOSURE AND CONVEYANCE OF THE DARLINGTON/CLARKE TOWNLINE IN BROKEN FRONT CONCESSION 3. APPLICATION FROM KIDDICORP INVESTMENTS LIMITED FOR THE CLOSURE AND CONVEYANCE OF A PORTION OF THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 32 AND 33, CONCESSION 6, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-2-91 be lifted from the table and received; 2 . THAT Report WD-80-92 be received; 3 . THAT the Town of Newcastle Policy and Procedure for Road closures, dated January 31, 1991, be amended by: a) Deleting the word "closure" from Clause 5 . 3 so that Clause 5 .3 now reads: "No right-of-way will be closed and/or conveyed if the closure would: b) Re-numbering Clause 5 .4 to Clause 5 .5. c) Adding a new Clause 5 .4: 5 .4 Unless there is a compelling reason, rights-of- way which give access to Lake Ontario or to a stream or which are located in the rural area of the Town will not be closed and conveyed except where the right-of-way is within or abuts a proposed development, then such road closure application will be considered in conjunction with the development application. /2 REPORT NO. : WD-80-92 PAGE 2 4 . THAT the application by Ridge Pine Park Inc . , to close and convey the unopened road allowance between the former Clarke and Darlington Townships in Broken Front Concession be DENIED; 5. THAT the application from Kiddicorp Investments Limited for the closure and conveyance of a portion of the road allowance between Lots 32 and 33, Concession 6, former Township of Clarke be DENIED; i 6 . THAT Ridge Pine Park Inc. , Wilmot Creek Homeowners Association, Kiddicorp Investments Inc. , and Roy Forrester be advised of Council's decision and be provided with a copy of Report WD-80-92 . ---------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Report WD-2-91 Addendum dated June 17, 1992 No. 2: Correspondence dated September 2, 1992, from Rice Capital Group No. 3: Policy and Procedure for Road Closures No. 4: Figure 1 from Recreation/Leisure Services Master Plan No. 5: Request for Road Closure and Conveyance of a i Portion of the Unopened Road Allowance Between Lots 32 & 33 in Concession 6, former Township of Clarke, Town of Newcastle - Kiddicorp Investments Ltd. 2.0 BACKGROUND 2 . 1 At a meeting held on January 14, 1991, Council passed Resolution #C-30-91: i " i . . ./3 I REPORT NO. : WD-80-92 PAGE 3 "THAT Report WD-2-91 be tabled until such time as the Crombie Report can be discussed with the applicant, Ridge Pine Park, and a representative of the Crombie Commission; and THAT David Rice and Mrs . Ruth Hinkley, Wilmot Creek Homeowners Association, be advised of Council's decision and of the date that Report WD-2-91 will be considered by the General Purpose and Adminstration Committee. " 2 .2 At a meeting held on June 24, 1991, Council approved recommendation #GPA-436-92 : "THAT Report WD-2-91 remain tabled until such time as the Town of Newcastle Planning and Development Department and the Crombie Commission have reviewed the options available to provide a route through the Wilmot Creek Development as part of the shoreline link referred to in the Crombie Commission Report and have reported their findings to the General Purpose and Adminstration Committee and; THAT Mr. Roger Howard, Ridge Pine Park and Mrs . Ruth Hinkley, Wilmot Creek Homeowners Association, be advised of Council's decision. " 2 . 3 At a meeting held on September 14, 1992, Council passed Resolution #C-587-92 : "THAT the correspondence dated August 24, 1992, from David W. Rice, Rice Capital Group, requesting that the Town proceed with the road closure application submitted by Rice Capital Group be received; I . . . /4 1� 3 i REPORT NO. : WD-80-92 PAGE 4 THAT the correspondence be referred to the Director of Public Works for processing in accordance with the Town of Newcastle's Road Closure Policy; and THAT David Rice be advised of Council's decision. " 2 .4 At a meeting held on September 28, 1992, Council approved Resolution #GPA-614-92 : "THAT the delegation of Roy Forrester pertaining to road closings be acknowledged; THAT Mr. Forrester's comments be referred to the Director of Works and the Director of Planning for the preparation of a report, in conjunction with the Crombie Report, to the General Purpose and Administration Committee, FORTHWITH; and THAT Roy Forrester be advised of Council's decision. 3.0 REVIEW AND COMMENT 3.1 Master Plan - Recreation/Leisure Services In August, 1991, consultants, Hugh Stansbury Woodland Limited and Jack B. Ellis and Associates Limited prepared a "Town of Newcastle Recreation/Leisure Services Master Plan. " Recommendation 5 of the Plan states : "The principles and guidelines contained within the open space system concept should be utilized as the framework for the development of a planned Town-wide open space system for the Town of Newcastle. " i i Figure 1 of the Report (Attachment No. 4) gives a schematic of a proposed Regional and Town Trail System. . . . /5 i 10,0 4- REPORT NO. : WD-80-92 PAGE 5 3.2 The Town of Newcastle Waterfront Studv On October 5, 1992, a presentation was made to the General Purpose and Administration Committee of the "Background Information and Options Report" prepared by Bird and Hale Limited and other consultants . This report, dated August 1992, is a very comprehensive report which deals with many issues and provides various options for land use, a Regional Trail, a Beach Trail and trail linkages . The proposed Regional Trail is shown as being located on the shore of Lake Ontario wherever possible. The issue of "trail linkages" is directly related to the issue of policies regarding road closures in that the linkages are in a north south direction and could be via existing north- south roads, both open and unopened. 3.3 Royal Commission on the Future of the Toronto Waterfront In December, 1991, the Royal Commission on the Future of the Toronto Waterfront issued its final report "Regeneration. " This report is very comprehensive and has far reaching implications regarding planning in Newcastle and the other municipalities which border on Lake Ontario. Of particular interest to the issue of road closure policies are the recommendations concerning "greenways . " One of the recommendations (page 448 of the Report) is that "Agreements should be closely linked to preparation and implementation of the regional waterfront plan, and should include: a regional greenway and trail strategy consistent with recommendations in Chapter 5 . This regional greenway and trail system should extend from the Oak Ridges Moraine south to Lake Ontario and north to Lake Simcoe and Lake Scugog. " 3.4 The Municipal Act Section 298(3) of the Municipal Act requires the approval of the Minister of Municipal Affairs before a road which leads to the shore of any lake or other water. . . . /6 0 i REPORT NO. : WD-80-92 PAGE 6 3.5 Delegation by Roy Forrester On September 21, 1992, Roy Forrester appeared as a delegation before Council to express his opposition to stopping up and closing and authorizing the sale of part of the unopened road allowance between Lots 32 and 33, Concession 6, former Township of Clarke (proposed By-law 92-198) . He also advised of his opposition to any closing of the unopened road allowances in the Town of Newcastle in view of the Crombie report which encourages the use of the waterfront. He urged members of the Committee to "look ahead and not give away what we may need down the road. " 4.0 CONCLUSIONS 4 . 1 In light of the Crombie Commission Report, the Town of Newcastle Waterfront Study, the Town of Newcastle Master Plan- Recreation/Leisure Services, the requirements of the Municipal Act and the points raised by Mr. Forrester it is concluded that unless there is a compelling reason, the Town should not close and convey road allowances and rights-of-way in the Town's rural areas or any road or right-of-way which gives access to Lake Ontario or a stream. However, the Town should continue to consider the closing and conveying of unopened road allowances and rights-of-way when the subject road or right-of-way is located in a proposed plan of subdivision or other development. I i i i i � n REPORT NO. : WD-80-92 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. K t8eff, Director of Public Works Chief Administr'atttve Officer 0 ------------------------ Franklin Wu, M.C. I .P. Director of Planning and Development WAE*hj October 7, 1992 Attachment pc: Mr. Roger Howard, M.C. I .P. Ridge Pine Park Inc . 17 Dean Street Brampton, ON L6W 1M7 Mrs . Phyllis Baker Wilmot Creek Homeowners Association 11 Cabot Court Newcastle, ON L1B 1A7 Mr. Hannu Halminen Kiddicorp Investments Inc . 1748 Baseline Road West Courtice, ON LlE 2T1 Mr. Roy Forrester Main Street P.O. Box 209 Orono, ON LOB 1M0 i POLICY AND PROCEDURE FOR ROAD CLOSURES' THE TOWN OF ew�as� � ONTARIO Public Works Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 (416) 623-3379 ATTACHMENT N0. 3 January 31 , 1991 "D-S0_92 Page i TABLE OF CONTENTS POLICY PAGE General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Preliminary Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Report to General Purpose and Administration Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Formal Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Terms of Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ti Appraisal as it Relates to Draft Plan Approval . . . . . . . . . . 5 Consent of Abutting Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Disputes or Differences Involving Applicant And/Or Abutting Owner . . . . . . . . . . . . . . . . . . . . . . . . . 5 In the Event of Petitioner's Death . . . . . . . . . . . . . . . . . . . . . . 5 Original Shore Road Closing Policy . . . . . . . . . . . . . . . . . . . . . . 6 Passage of By-Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Return of Payment For the Land . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Registration of By-law and Preparation ofLegal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 f t Page ii TABLE OF CONTENTS PROCEDURES PAGE Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Preliminary Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Circulation of the Application to all Appropriate Parties and Agencies . . . . . . . . . . . . . . . . . . . . 8 Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Report to the General Purpose and Administration Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Applicants Wanting to Make a Deputation to the General Purpose and Administration Committee . . . . . . 9 Applicant to Advise if Still Willing to Proceed . . . . . . . . . 9 z Payment For Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Proposed By-law to be Advertised . . . . . . . . . . . . . . . . . . . . . . . . 9 Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Passing of the By-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Clerk Will Advise the Applicant of Council's Decision . . . 10 The Town Solicitor to Take All Necessary Steps to Complete the Transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 0 L'2~._, Page iii TABLE OF CONTENTS FORMS PAGE Application for Road Closure and Conveyance . . . . . . . . . . . . . 11 Application By Petition for Road Closure and Conveyance . . 13 By-Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Statement of Estimated Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Indemnity Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 OTHER PAGE Circulation List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Sample Letter to Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 List of Contact Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Source of Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Page I CORPORATION OF THE TOWN OF NEWCASTLE POLICY FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES 1. GENERAL 1. 1 There are, within the Municipal Area of the Town of Newcastle, numerous road allowances and right-of-ways which are unopen to traffic by reason of their being either unmaintained, impassable or abandoned. 1.2 The road allowances and right-of-ways to which reference is made may be either an original allowance for a road, an opened road allowance, a road allowance closed by by-law but retained by the Municipality, or, simply, a right-of-way width which may be discovered or determined only by survey. 1.3 Periodically the Town of Newcastle is requested to close, or close and convey to abutting property owners, a road allowance or other right-of-way and, in such instances where it is deemed of benefit to the Municipality to dispose of such lands, the inherent terms and conditions under which the transfer of, ownership takes place are those stipulated in the Municipal Act, Chapter 302, Section 316, R.S.O. 1980. 1.4 In order to accurately define the limits of the right-of-way or road allowance, it is necessary to acquire a plan of survey and determine the abutting owners' entitlement to the lands proposed for disposal. 1.5 The intent of the Policy is to establish the guidelines and procedure to be followed pursuant to a request or requirement to close or close and convey, a Municipal road allowance or right- of-way. 2. DEFINITIONS For the purpose of this Policy the following definitions are applicable: 2 . 1 COUNCIL means the Council of the Corporation of the Town of Newcastle. 2 . 2 COMMITTEE means the General Purpose and Administration Committee. 2 . 3 DIRECTOR means the Director of Public Works or his designated representative. Page 2 CORPORATION OF THE TOWN OF NEWCASTLE POLICY FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES 2 .4 ROAD ALLOWANCE OR RIGHT-OF-WAY means any Municipal land comprising a road allowance, opened or unopened, maintained or unmaintained, or any highway, street, lane, walk or path, common, or other right- of-way. 2 .5 CLOSURE means closure by By-law of the Corporation of the Town of Newcastle. 2 .6 APPLICANT means the individual or party originating a request for the closure, or closure and conveyance, of any Municipal right- of-way. The Applicant shall be deemed to be the spokesman and representative of any petitioners. 2 .7 AGENCY means any authority other than the Town of Newcastle and may include, but is not restricted to, Ontario Hydro, Bell Canada, Canadian Pacific Railway, Canadian National Railway, TransCanada Pipelines, Interprovincial Pipelines, Consumers Gas, the local area Conservation Authority, Cable T.V. , neighbouring Municipality, the Regional Municipality of Durham, the Province of Ontario, the Government of Canada. 2 . 8 SURVEY means a Plan of Survey or Reference Plan, prepared by a registered Ontario Land Surveyor. 2 .9 APPRAISAL means the Appraisal of Land Value, prepared by an accredited member of the Appraisal Institute of Canada and A.A.C. I. and submitted, with a comprehensive report, to the Director of Public Works . 3. FORM OF APPLICATION 3 . 1 The road closure and conveyance procedure will only be initiated in cases in which the applicant executes a form of application provided by the Town in which he acknowledges that title to the road allowance in question is vested in the Town of Newcastle. 4. PRELIMINARY APPLICATION 4 . 1 The Director of Public Works (the "Director" ) will make a preliminary determination of whether the road allowance in question is likely to be required for public highway purposes or other municipal purposes . This will be done after the application for the closure and conveyance is executed by the applicant, but before the application fee, appraisal fee and draft Reference Plan are j required to be submitted to him in support of the application. ��0_ Page 3 CORPORATION OF THE TOWN OF NEWCASTLE POLICY FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES 5. REPORT TO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 5 . 1 If the Director concludes that the road allowance is likely to be required for public highway or other municipal purposes, he shall report receipt of the application and his preliminary determination to the General Purpose and Administration Committee. He will also advise the applicant who can then make a deputation to the Committee. The Director will not process the application in question further unless Council instructs him otherwise. 5.2 The Director shall retain the option to recommend against the closure, or closure and conveyance, of a Municipal right-of-way, in the event of the following: a) It can be demonstrated that the disposal of the lands is not in the best interests of the Municipality, of area residents, of other agencies, or of the public at large. b) The original applicant has not complied with the terms and conditions of this Policy within six (6) months of the date of the earliest request for the closure, or closure and conveyance, of Municipal right-of-way. c) There has been a lapse of six (6) months in the proceedings, due to the failure of others to comply with the Policy. 5 . 3 No right-of-way will be closed and/or conveyed if the closure would: a) Create a parcel of land which would be without frontage onto a legal right-of-way. b) Generate an excessive burden of traffic on other alternate access roads and right-of-ways . c) Prohibit or restrict the safe passage of vehicles and/or pedestrians into recreational parks or other facilities . d) Obstruct or restrict the access into lands which have enjoyed the convenience of the right-of-way for access purposes, whether this be in respect of residential or agricultural lands . i I I Page 4 CORPORATION OF THE TOWN OF NEWCASTLE POLICY FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES ---------------------------------------------------------------------- ---------------------------------------------------------------------- 5 .4 If easements, widenings, pipeline or plant crossings, etc. , are required or involved and there is an objection to the closure based on utility requirements, the closure will not proceed. 6. FORMAL APPLICATION 6 . 1 If the Director makes the preliminary determination that the road allowance in question is not required for public highway or other municipal purposes, the applicant will be so advised. In order to proceed further the applicant must execute a form of application, provided by the Town, which will not be processed until the required payments and supporting material have been provided to the Director. 6 .2 In all cases where applications for road closure and conveyance are to be processed, the Director will report to the General Purpose and Administration Committee for its information, indicating the applicant, the road allowance in question, and the date of receipt of the application. 7. TERMS OF APPRAISAL 7 . 1 The applicant must agree to pay the cost of the appraisal, which is to be commissioned by the Town, of the value of the road allowance in question. He shall make to the Town an non- refundable payment of the estimated (by the Director) cost of the appraisal in support of the application. The application for closure and conveyance shall not be processed until this payment has been received. B. APPRAISER 8 . 1 The Director shall retain a qualified independent appraiser and instruct the appraiser to determine the market value of the road allowance at the time at which the appraisal is made. The Director shall instruct the appraiser as to the assumptions that are to be made by the appraiser in preparing his appraisal of market value. 8 .2 The Director will proceed to retain an appraiser in accordance with the foregoing to determine market value before the application for closure and conveyance is considered by the General Purpose and Administration Committee. I i i i Page 5 CORPORATION OF THE TOWN OF NEWCASTLE POLICY FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES 9. APPRAISAL AS IT RELATES TO DRAFT PLAN APPROVAL 9 . 1 In an area in which the applicant has made an application for approval of a draft plan of subdivision which shows different alignments for future streets, road allowances which are closed shall be conveyed to the applicant for a consideration equal to the market value of the land in question. The market value will be determined at the date on which the appraisal is made. 9 .2 In the case of any right-of-way which is required as part of a development plan, a plan of subdivision, or other similar enterprise, the Director shall provide any input and recommendations appropriate, prior to Town approval being given to such plan. 10. CONSENT OF ABUTTING OWNERS 10 . 1 Together with the executed application form, the applicant is required to file consents of abutting owners of the road allowance in question. 10.2 If, at any point during the road closing procedure, a petitioner disagrees or objects to the proceedings, he may withdraw his interest in the lands comprising the Municipal right-of-way, by writing to the Director and, if said petitioner has no objection to the land being offered to another party, the Town may dispose of his portion to another; or, in such an instance of non-interest by a petitioner, the Director may recommend that no further actions be taken in the matter of closure and conveyance of the lands. 11. DISPUTES OR DIFFERENCES INVOLVING APPLICANT AND/OR ABUTTING OWNER 11. 1 At no time during road closing procedure shall the Town of Newcastle, the Director or his representatives become involved in disputes or differences between neighbouring property owners. 12 . IN THE EVENT OF PETITIONER'S DEATH 12 . 1 In the event that one of the petitioners pre-deceases the completion of the above-mentioned procedure, the proceedings shall be held in abeyance for a maximum period of six ( 6 ) months in order to permit an heir, successor, assignee or subsequent owner of the property abutting, to be made aware of the proposal to close and convey the right-of-way. Page 6 CORPORATION OF THE TOWN OF NEWCASTLE .POLICY FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES 13. ORIGINAL SHORE ROAD CLOSING POLICY 13 . 1 Pursuant to Section 298 or 306 of the Municipal Act, applications for closure of road allowances leading to original shoreline will be circulated to the Ministries of Natural Resources, Transportation, Gas Companies, Public Works Canada, Bell Canada and Ontario Hydro for comment (List attached - Page 24) . By-laws passed by Council, closing road allowances leading to original shoreline must be submitted to the Minister of Municipal Affairs accompanied with statements of approval from the specified Ministries and the Region. 14. PASSAGE OF BY-LAW 14 . 1 If Council decides to close and convey a road allowance, passage of the necessary by-law shall be deferred until the full consideration is paid to the Town and the applicant executes an indemnity agreement in a form which is satisfactory to the Town's Solicitor. 15. RETURN OF PAYMENT FOR THE LAND 15 . 1 If the by-law for the closure and conveyance is not passed by Council, the payment received for the land will be returned to the applicant. 16. REGISTRATION OF BY-LAW AND PREPARATION OF LEGAL DOCUMENTS 16 . 1 Registration of the by-law and preparation of Transfer/Deed of land will be prepared and processed by the Town's Solicitor. i ii `402 9 Page 7 THE CORPORATION OF THE TOWN OF NEWCASTLE PROCEDURE FOR THE CLOSURE AND CONVEYANCE OF' MUNICIPAL ROAD ALLOWANCES 1. APPLICATION 1. 1 An application to close and convey a road allowance shall be made on a form provided by the Town (Page 11) . 2. PRELIMINARY DETERMINATION 2. 1 The Director will make a preliminary determination of whether the road allowance in question is likely to be required for public highway purposes or other municipal purposes . This will be done after the applicant has signed and submitted the application, but before the applicant is required to submit the application fee, appraisal fee and draft reference plan. 2 .2 If Road Allowance is Likely to be Required for Municipal Purposes 2 .2 . 1 If the Director has determined that the road allowance is likely to be required for public highway purposes or other municipal purposes, he will report receipt of the application and his preliminary determination to the General Purpose and Administration Committee. 2 .2 .2 The applicant will be advised of the Director's preliminary determination and will be given a copy of the report. The applicant will also be advised that if he wishes to appear as a delegation to speak to the Committee about the matter that a request must be submitted to the Town Clerk not later than noon on the Wednesday before the Committee meeting. 2 . 3 If Road Allowance is not Likely to be Required for Municipal ,Purposes 2 . 3 . 1 If the Director has made a preliminary determination that the road allowance is not likely to be required for public highway purposes or other municipal purposes, the applicant will be so advised. The applicant will also be advised that in order to proceed with the application the following will be required: a) Payment of anon-refundable application fee of $250. 00 . Page 8 THE CORPORATION OF THE TOWN OF NEWCASTLE PROCEDURE FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES --------------------------------------------------------------------- --------------------------------------------------------------------- b) A draft reference plan which had been prepared within the period of not more than twelve ( 12) months of the date of application. c) Non-refundable payment of all of the estimated costs to the Town for land appraisal, advertising cost and legal fees . d) Consents from all abutting property owners . 3. CIRCULATION OF THE APPLICATION TO ALL APPROPRIATE PARTIES AND AGENCIES 3 . 1 Upon receipt of the items required in Clause 2, the Director will circulate the application to all appropriate parties and agencies (Page 20 and 21) . 3 .2 If no requirements and concerns are submitted, processing of the application will proceed. If requirements are noted, the Agency/Utility requirements must be addressed prior to proceeding. 4. APPRAISAL 4 . 1 The Director will obtain an appraisal from a qualified independent land appraiser to determine the market value of the road to be closed and conveyed. 5. REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 5 . 1 Upon being satisfied with the appraised value of the road allowance and that there are no hindrances for closure and conveyance, the Director will submit a written report to the General Purpose and Administration Committee, with recommendations . 5 .2 Applicant to be Given a Copy of the Report 5 .2 . 1 The applicant will be given a copy of the report (including the appraisal) at least one week prior to the meeting of the General Purpose and Administration Committee. Page 9 THE CORPORATION OF THE TOWN OF NEWCASTLE PROCEDURE FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES 6. APPLICANTS WANTING TO MAKE A DEPUTATION To THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 6 . 1 The applicant will be advised that if he wishes to make a deputation to the General Purpose and Administration Committee, Council policy requires that a request be made to the Town Clerk to appear as a delegation not later than noon on the Wednesday prior to the General Purpose and Administration Committee meeting. 7. APPLICANT TO ADVISE IF STILL WILLING To PROCEED 7 .1 Upon receiving Council's approval to close and convey, the applicant will be required to advise the Director if he still wishes to proceed with the closure and conveyance. 8. PAYMENT FOR LAND 8 . 1 Payment, by certified cheque, will be made to the Town prior to the advertising of the proposed by-law. 8 .2 If the applicant, is applying to close a road laid out on a registered plan and is proposing to develop the lands under subdivision agreement, the applicant must pay for only that portion of the road that will be closed and used for the development of marketable Property. 9. PROPOSED BY-LAW TO BE ADVERTISED 9 . 1 Section 301 ( 1) of the Municipal Act requires that: "Before passing a by-law for selling a highway, notice of the proposed by-law shall be published at least once a week for four successive weeks and the council shall hear anyone who claims that his land will be prejudicially affected by the by-law and who applies to be heard. " 1-0-32- Page 10 THE CORPORATION OF THE TOWN OF NEWCASTLE PROCEDURE FOR THE CLOSURE AND CONVEYANCE OF MUNICIPAL ROAD ALLOWANCES --------------------------------------------------------------------- --------------------------------------------------------------------- 10. PUBLIC HEARING 10. 1 It shall be the Town's practice to have the public hearing at the first Council meeting following the completion of the advertising period and the advertisement shall include a statement giving the time and place of the public hearing. 11. PASSING OF THE BY-LAW 11. 1 The proposed by-law will be presented on the Council agenda for the date of the public hearing. 11.2 The Director will advise the Clerk and Members of Council if there is any reason the by-law should not be passed. 12. CLERK WILL ADVISE APPLICANT OF COUNCIL'S DECISION I - 12 . 1 The Clerk will advise the applicant of the decision of Council. 13. THE TOWN SOLICITOR TO TAKE ALL NECESSARY STEPS TO COMPLETE THE TRANSACTION 13 . 1 The Director will forward to the solicitor all documents necessary to complete the registration of the by-law, and when land is to be conveyed, all documents required to proceed with the conveyance of the lands . The required documents are as follows: For Closure: 1) Two (2) certified copies of the by-law, duly executed. 2) A copy of the registered reference plan. For Closure and ConveVance:. 1) In addition to the above, the solicitor will be requested to prepare a Transfer/Deed of Land and the names and addresses of those to whom the land is to be conveyed. 2 ) The proponents representing the applicant, if applicable. .41 Page 11 APPLICATION FOR ROAD CLOSURE AND CONVEYANCE PART A - APPLICANT INFORMATION APPLICANT: DATE: STREET CITY/TOWN: PROVINCE: POSTAL CODE: TELEPHONE NO. : PART B - DESCRIPTION OF LANDS (petitioners: Use separate sheet) RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS: Town/Township: Concession : Being Lot(s) Between Concession(s) Or Block(s) According To Original Plan 1 , PART C - APPLICATION TO CLOSE OR CLOSE AND CONVEY I/We , being the owner/owners of property abutting the Municipal Road Allowance/Right-of-way as described above, do hereby request to have said road allowance closed and/or closed and conveyed in accordance with the Town's Policy for Road Closures and according to the Municipal Act, Section 301, Chapter 302, R.S.O. 1980. PART D - CONFIRMATION OF OWNERSHIP i) I/We, the undersigned, being the owner/owners of property abutting the municipal lands described above, acknowledge and. agree that ownership of the lands described in Part B is vested- soiely in the Town of Newcastle. ii) I/We, the undersigned, do hereby confirm that I/We, have undisputed ownership of the lands abutting the Road Allowance/Right-of-way described in Part B. I . . .2 i Page 12 2 - APPLICATION FOR ROAD CLOSURE AND CONVEYANCE PART E - APPLICANT'S AGREEMENT TO PAY COSTS I/We, the undersigned, agree to pay all costs associated with the closure and/or closure and conveyance prior to the passing of the by- law and in accordance with the Town's Policy for Road Closure and Conveyance. PART F - LIST OF PROPERTY OWNERS ABUTTING ROAD ALLOWANCE/RIGHT-OF-WAY DESCRIBED IN PART B NAME: NAME: ADDRESS: ADDRESS: ROLL NUMBER: ROLL NUMBER: ABUTTING PART(S) ABUTTING PART(S) ***************************************************************** NAME: NAME: ADDRESS: ADDRESS: ROLL NUMBER: ROLL NUMBER: ABUTTING PART(S) ABUTTING PARTS) SIGNATURE OF APPLICANT: DATE: TELEPHONE: `W 5 Page 13 APPLICATION BY PETITION FOR ROAD CLOSURE AND CONVEYANCE PART A - APPLICATION BY PETITION DESCRIPTION OF LANDS RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS: Town/Township: Concession Being Lot(s) Between Concession(s) Or Block(s) According To Original Plan s I/We , being the owner/owners of property abutting the Municipal Road Allowance/Right-of-way as described above, do hereby request to have said road allowance closed and/or closed and conveyed in accordance with the Town's Policy of Road Closures and according to the Municipal Act, Section 301, Chapter 302, R.S.O. 1980 . PART B - APPLICANT(S) INFORMATION 1) NAME: ADDRESS: POSTAL CODE: TELEPHONE: . . .2 Page 14 2 _ PART B - APPLICANT(S) INFORMATION 2) NAME: ADDRESS: POSTAL CODE: TELEPHONE: 3) NAME: ADDRESS: POSTAL CODE: TELEPHONE: 4) NAME: ADDRESS: POSTAL CODE: TELEPHONE: 5) NAME: ADDRESS: POSTAL CODE: TELEPHONE: I i I Page 15 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- Being a by-law to stop-up and close and to authorize the sale of part of the unopened road allowance to described as Part of Reference Plan 1OR- in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to pass this by-law; WHEREAS notice of the intention of Council to pass this by-law was sent to the Regional Municipality of Durham on the day of 1991, and the Regional Municipality of Durham granted approval of the proposed by- law by letter dated the NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS: 1. Part of that portion of the unopened road allowance described as , former Township of , now in the Town of Newcastle, according to , more particularly described as Part on Plan 1OR- , hereinafter described is hereby stopped up and closed; ALL AND SINGULAR THAT certain parcel and tract of land and premises, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, Province of Ontario, and being composed of the unopened road allowance described as Part being part of Lot , Concession , formerly the Township of more specifically described as Part on Plan 1OR- deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) on 2 . All those portions of the unopened road allowances hereinbefore described shall be conveyed to by the Corporation of the Town of Newcastle. BY-LAW read a first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK i i i i Page 16 CORPORATION OF THE TOWN OF NEWCASTLE NOTICE OF HIGHWAY CLOSING TARE NOTICE THAT the Council of the Corporation of the Town of Newcastle, at the meeting to be held in the Council Chambers, 40 Temperance Street, Bowmanville, Ontario, on at the hour of propose to pass a by-law to stop-up and close and to authorize the sale of parts of the unopened road allowance(s) described as , former Township of , now in the Town of Newcastle, according to Plan, more particularly described as Part on Plan 1OR- , and described as follows: AND FURTHER TARE NOTICE THAT before passing the said by-law, Council or a Committee of Council shall hear in person, or by his Counsel, Solicitor or Agent, any person who claims that his land will be prejudicially affected by this by-law, and who applies to be heard. , Dated at the Town of Newcastle, the �I Patti L. Barrie, A.M.C.T. Town Clerk 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dates to be Published: i Page 17 STATEMENT OF COSTS CLOSURE AND CONVEYANCE OF (as of 1991) Estimated Actual Cost costs Cost of Services: Administration $ $ Advertising Legal Fees: Registration and Disbursements (Estimate) Appraisal z Land Cost: Estimated Cost of Land $ $ Total Costs: $ $ Paid on Account Administration Fee $ Advertising Costs $ Paid on Account $ $ Total Amount Owing: $ $ ---------- ---------- ---------- ---------- Payment Received: $ I i i I Page 18 INDEMNITY AGREEMENT In order to induce the Corporation of the Town of Newcastle (the "TOWN" ) to complete the closure and conveyance of Part of , being part of Lots , Concession _, in the former Township Regional Municipality of Durham, now designated as Part _ of Plan 1OR- (the "Road" ) to (the "Indemnifier" ) and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Indemnifier hereby covenants and agrees with and in favour of the Town to defend the Town and hold the Town harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Town in connection with the transfer of the Road to the Indemnifier and that the Indemnifier shall continue to remai4 liable . on this indemnity, covenant and agreement notwithstanding any arrangements respecting any liabilities, indebtedness, agreements or obligations hereby indemnified. i No modification of this indemnity shall be effective unless the same is in writing and is executed by both the Indemnifier and the Town. DATED this day of 1990 . BY: C/S AND BY: I i Page 19 WAIVER TO: Walter A. Evans, P. Eng. Director of Public Works Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 FROM: RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AS AND DESCRIBED AS PART(S) REGISTERED PLAN NUMBER SITUATED AS FOLLOWS: BETWEEN/BEING LOT(S) BETWEEN CON(S) OR`BLOCK(S) ACCORDING TO (ORIGINAL PLAN) OF FORMER TOWNSHIP OF We, the undersigned, being the owners of property abutting the road allowance/right-of-way as described above, do hereby waive all rights to title to: PART S) PLAN 1OR- to which we would be entitled, according to the Municipal Act, Section 301, Chapter 302, R.S.O. 1980 . We hereby affirm that we are in agreement with the closure, and subsequent transfer into private ownership, of the subject road allowance/right-of-way, and understand that, upon such action being completed, the persons acquiring the lands will be fully and legally entitled to fence same. Dated this day of , 199 and signed: abutting Part(s) abutting Part(s) abutting Part(s ) Signed: �r I Page 20 CIRCULATION LIST FOR ROAD CLOSURES Inside Circulation List: Mayor - Marie Hubbard Chief Administrative Officer - Larry Rotseff Clerk - Patti Barrie Community Services - James D. Cameron, Operations Superintendent Fire Chief - Mike Creighton Planning & Development Department - Frank Wu, Director Development Review Branch - Larry Taylor, Manager, Treasurer - Marie Marano Outside Circulation List: Rogers Cable TV - Pine Ridge 301 Marwood Drive Oshawa, Ontario L1H 1J4 Attention: Mr. D. R. Brown Planning Technician Consumers Gas 101 Consumer Drive Whitby, Ontario L1N 1C4 Attention: Mr. C. Clark Planning Technician Ganaraska Region Conservation Authority P.O. Box 328 Port Hope, Ontario LlA 3W4 Attention: Mr. Wm. Hancock Chief Administrative Officer Bell Canada O.P. Facilities F2, 55 Athol Street East Oshawa, Ontario L1H 7M3 Attention: Ms . W. E. Martin Manager O.P. Facilities Oshawa Suburban i I C l 4:3 i Page 21 CIRCULATION LIST FOR ROAD CLOSURES Newcastle Hydro Box 130 Bowmanville, Ontario L1C 3R9 Attention: Mr. A. M. Moore Manager Ontario Hydro Box 98 Scugog Road Bowmanville, Ontario L1C 3R8 Attention: Mr. J. F. Coffey Customer Service Supervisor The Regional Municipality of Durham Works Department 105 Consumers Drive Whitby, Ontario L1N 1C4 Attention: Mr. R. W. Price, P. Eng. , Manager of Design and Construction The Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Attention: Mr. Wm. Campbell Chief Administrative Officer Page 22 SAMPLE LETTER TO SOLICITOR Date Shibley Righton & McCutcheon Box 32 401 Bay Street Toronto, Ontario M5H 2Z1 Attention: Mr. Dennis Hefferon Dear Sir: RE: CLOSURE AND CONVEYANCE OF PART OF IN PART OF LOT , CONCESSION , FORMER TOWNSHIP OF , NOW IN THE TOWN OF NEWCASTLE, PARTS _ AND _, PLAN 10R- Attached is information relating to the above, which action was approved by Council by By-law 91- at its meeting of 1991. Would you please take the necessary action to finalize the closure and conveyance of the lands as follows: Parts _ and , Plan 1OR- (Development Name) The following is provided for your use: i) Two certified copies of By-law 91- ii) A copy of Registered Plan 1OR- t iii) The proponents are represented by: Name of Law Firm Street City Postal Code I have also attached a copy of the account statement relative to this closure and conveyance. . . .2 Page 23 SAMPLE LETTER TO SOLICITOR . . .2 Please advise me of your fee for completing this transaction in order that the account can be adjusted accordingly. I would appreciate your earliest attention to the registration of the by-law and preparation of the necessary documents. Yours truly Janet C. O'Neill, A.M.C.T. (A) Administrative Assistant to the Director of Public Works JCO*llv pc: W. A. Evans, P. Eng. , Director of Public Works P. Barrie, Town Clerk L. Gordon, Accountant, Treasury Attachments Page 24 LIST OF CONTACT AGENCIES William P. Lawson, Manager Right of Way Bell Canada 212 Steeles Avenue West Thornhill, Ontario L3T 1A6 G. Ashby, Manager Planning and Technical Services Consumers Gas 500 Elin Mills Road East Richmond Hll, Ontario L4C 5C1 Mr. C. I. Goddard, Manager Maple District Ministry of Natural Resources 10410 Dufferin Street Maple, Ontario LOJ 1E0 s Ms. Heather Doyle Ministry of Transportation 1201 Wilson Avenue Room 226 Downsview, Ontario M3M 1J8 Mr. Dan Markovic Ontario Hydro Route and Site Division 700 University Avenue Toronto, Ontario M5G 1X7 Mr. Peter Pavulin Ontario Region Public Works Department 4900 Yonge Street Willowdale, Ontario M2N 6A6 i Page 25 SOURCE OF POLICY Municipal Act, Chapter 302, Section 316, R.S.O. 1980 Policy for the Closure and Conveyance Report of Municipal Road Allowances Report: WD-55-82 Resolution: #C-585-82 Date: July 19, 1982 Amendment to the Policy for the Closure and Conveyance of Municipal Road Allowances Report: PD-287-87 Resolution: #C-942-87 Date: November 23,1987 Amendment to the Policy for the Closure and Conveyance of Municipal Road Allowances Report: WD-3-90 Resolution: #C-66-90 Date: February 5, 1990 /L — tPn The OakRidges Moraine LIT _ ,n.•„ nne nn,.•on,„.,,tni n,n..n�I�J _ _ 111ll1J1'Cl . t,roe���n�nn.nunrnnnt.nn�nnnn 1 IIf .,vot oniE�•on,„nm rl,mm� n� 1 I �:' l I i•. ��I(I�I7 �y • Trans SO- .:.\ } � f' �.'n..�� • � I,• The Iroquois Shoreline +colgjiglintmpnt � _---_ �(I1?rr: .nnaiwPnn.g�analtrmt•auo-.vntl n en•I ti M1Pnnnmnnn.ernnc a,«t nte•nnt�� � H � '.(.�/ II ��� � � / r n.,pn.n,u„•nt po�nu a. M I�+nn co.M 1 p�� .snnt,.n,nm rnan,� •' V VV �r '�r I•�1r�. r::. KEY Oln I �,. .S�• ��"" ENVIRORMEHiAL PROTECTK)N AREAII :' i` I.. `;`� — t � �t� �i r•••"'(�`1�/n�yl' !•.•'. �I ITS FIM�.ONMEHTAIPMICT AREAS T' y ��\ � I t �~'` •Q `� —_i 'Ll�.IL� ••�r IL/`iw\I�I� •..'."A.••+«n.+.a.ema. '' � •• -�, "�••� I .�� REOIOS1At RECREATION ......... �� .A"•,mw.ss ..• •.� LANOSPARK� The Lake Onl:lrio Walerrronl er•, .r .. ^�•""''�' -- _ — L �•,' I . RFOgRAL TRAI > L SYSTEM xnnx4nn. H,ant nn�tra em.v v e 4nn ...y.,. •'',• C•.....w.•ti.. ( '. Y • • TO TRAR SYST 'iM1r Lnke Pon History Tnemo snapnp n••n inOVmry. I � i �,�t � Ql.yy � � EM I,M1 I Bowmnm.le Gee• \ \ :,•• Vp H OnrhnglPn P•ownanl PnA I Wml BeM,Mn•sn W�Imet Gee1 — - C. On•ungton Nvcbn•Genmenng Stolen RPnO HnM 8hres �yf�� . O 0 1 '�' __ �Ro,a,•ee N Lzj z H Rgure 1 11© � do NswcasUE� X-1 4 ' TOWN OF NEWCASTLE REPORT File 1 , 44 2 Res. # By-Law # (STING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JANUARY 7, 1991 REPORT #: WD-2-91 FILE #: C.01.33.01 SLR_ECj: REQUEST TO CLOSE AND CONVEY THE UNOPENED ROAD ALLOWANCE BETWEEN THE FORMER CLARKE AND DARLINGTON TOWNSHIPS IN BROKEN FRONT CONCESSION - RIDGE PINE PARR RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-2-91 be received; 2 . THAT the request by Ridge Pine Park to close and convey the unopened road allowance between the former Clarke and Darlington Townships in the Broken Front Concession, be denied; and 3. THAT Mr. Roger Howard, Ridge Pine Park, be .advised of Council's decision. REPORT 1.0 ATTACHMENTS No. l: Rey Map No.2 : Correspondence dated November 19, 1990, from Roger Howard, M.C. I.P. , Ridge Pine Park Inc. �, �. . . . 2 Y REPORT NO. : WD-2-91 2.0 BACKGROUND 2 . 1 In his letter dated November 19, 1990 (Attac Howard provides some background information development agreement between Ridge Pine Paj Ridge Pine Park's position is that it has a' that the Darlington/Clarke Townline in the I Concession be closed and conveyed to Ridge I 2 .2 The road allowance between Lots 2 and 3, Brc was closed by By-law 84-54 (Part 25, IOR-13; allowance between Lots 34 and 35, Concessior law 84-55 (Part 21, 1OR-1330) . Both road a] conveyed to Ridge Pine Park. 2 . 3 Ridge Pine Park applied for closure and conN Darlington/Clarke Boundary in 1983 . The apl circulated to various agencies and abutt 3 (Attachment No. l) . The abutting property ov Lovekin, objected to the proposed closure ar Resolution #C-464-85 on September 9, 1985 . i "THAT the Rice Group be advised that tl not prepared to consider Closure and Cc Part 22, Plan IOR-1330 being the road the former Clarke/Darlington Townline Wilmot Creek Mobile Home Park until suc the abutting property owner to the ease concurrence with same; and THAT the deposit cheque in the amount < provided to the Town by the Rice Group to them. " I I REPORT NO. : WD-2-91 PAGE 2 2.0 BACKGROUND 2 . 1 In his letter dated November 19, 1990 (Attachment No.2) , Roger Howard provides some background information with regard to the development agreement between Ridge Pine Park and the Town. Ridge Pine Park's position is that it has always been the intent that the Darlington/Clarke Townline in the Broken Front Concession be closed and conveyed to Ridge Pine Park. 2 .2 The road allowance between Lots 2 and 3, Broken Front Concession, was closed by By-law 84-54 (Part 25, 1OR-1330) . The road allowance between Lots 34 and 35, Concession 1, was closed by By- law 84-55 (Part 21, 1OR-1330) . Both road allowances were conveyed to Ridge Pine Park. 2 .3 Ridge Pine Park applied for closure and conveyance of the Darlington/Clarke Boundary in 1983. The application was circulated to various agencies and abutting landowners (Attachment No. l) . The abutting property owner, Professor Lovekin, objected to the proposed closure and Council passed Resolution #C-464-85 on September 9, 1985. "THAT the Rice Group be advised that the Town is not prepared to consider Closure and Conveyance of Part 22, Plan 1OR-1330 being the road allowance on the former Clarke/Darlington Townline in the Wilmot Creek Mobile Home Park until such time as the abutting property owner to the east indicates concurrence with same; and THAT the deposit cheque in the amount of $250 . 00 provided to the Town by the Rice Group be returned to them. " . . . 3 i REPORT NO. : WD-2-91 PAGE 3 2.4 Recently Ridge Pine Park acquired `lands previously owned by Professor Lovekin (Attachment No. l) and Professor Lovekin has written a letter to the Town stating that he has no objection to the proposed closure. 2 .5 On November 20, 1989, Ridge Pine Park re-submitted an application for closure of the road allowance. . Circulation is complete and no objections were received. An appraisal has been *completed and the Market Value determined is $308,000. 2 .6 Any by-law to close and convey a road allowance leading to waterfront must be approved by the Ministry of Municipal Affairs . 3 .0 REVIEW AND COMMENT 3 . 1 The Royal Commission on the Future of the Toronto Waterfront "A Green Strategy for the Greater Toronto Waterfront, Background Paper 199011 , deals with accesses to shoreline lands. Two of the issues discussed in the Paper are directly related to Wilmot Creek. i) Creating Links to Overcome Barriers and ii) Specific Issues and Opportunities in Waterfront Municipalities . The, Paper states that in other municipalities such as Oakville, Etobicoke and Scarborough, there is a loss of public waterfront development. It says, in the majority of cases, these residential neighbourhoods are stable and will not soon offer opportunities for developing new waterfront links . It further states that Wilmot Creek retirement community in Newcastle, residential development was permitted relatively recently, without provision for shoreline access . One of the possible waterfront opportunities and solutions listed in the Paper specific to Newcastle is "Develop a trail link through Wilmot Creek retirement community" . . . .4 REPORT NO. : WD-2-91 PAGE 4 3 .2 The Town of Newcastle is currently undertaking a Waterfront Study. Although the Waterfront Study does not include Wilmot Creek, it has become apparent that closing road allowances leading to shoreline properties is not in the best interest of the municipality. 3. 3 In view of the above, it is recommended that the application by Ridge Pine Park to close and convey the unopened road allowance between the former Clarke and Darlington Townships in the Broken Front Concession, be denied. Respectfully submitted, Recommended for presentation to the Committee, ------- -- --- ---------------- Walter A. Evans, P.Eng. , Lawrence Kotseff, Director of Public Works Chief Ad istrative Officer JCO*WAE*llv December 13, 1990 Mr. Roger Howard, M.C. I .P. Ridge Pine Park P. O. Box 60, Group 1 R.R. #1 Newcastle, Ontario LOA 1H0 j PART 1 , I 0 R -3536 ( ROAD ALLOWANCE BETWEEN DARLINGTON AND CLARKE TOWNSHIPS ) DARLINGTON CLARKE LOT I LOT 35 CON. B. F. CON . I SUBJECT LANDS FORMERLY OWNED BY PROFESSOR LOVEKIN. SLAKE O NTARIO a 4 Z o I?W co Y z YZ INN i:l p m y� Wil U J _ C IU. B.F. N. I DRAWN J .M. DATE : Nov. 1990 SUBJECT SITE A T TACK i'lEIT NO. 1 KEY MAP ' PY ' coo, November 19, 1990 Cp .. Mr. W. A. Evans, P. Eng . Director of Public Works The Corporation of the Town of Newcastle 40 Temperence Street Bowmanville, Ontario L1C 3A6 Dear Mr. Evans: Re: Application for Closure of Road Allowance Between Former Townships of Clarke and Darlington Part 1, Plan 1OR-3536 Ridge Pine Park Inc Further to our meeting of November 12, 1990, and in order to aid you in the finalization of your report on this matter, we enclose copies of the following documents: 1. ' The Development Agreement between Ridge Pine Park Inc . and the Municipality dated November 2, 1981; and 2'. An amending agreement to the 1981 agreement between Ridge Pine Park and the Municipality dated April 5, 1984 incorporating a revised site plan schedule . With reference to the 1981 agreement, we would draw your attention to paragraph 8 - "Dedication of Road Allowances" , wherein the words "The Municipality shall—close the road allowances" have purpose- fully been placed , indicating clear intent, understanding and agreement by both parties that the allowances would be closed . We also draw your attention to the attached copy of Schedule "C" of the Agreement, which by its approval and inclusion in the Agreement clearly indicates the Municipality 's acknowledgement of a layout and design that necessitates closure of these road allowances in order for the development to function in a good and proper manner . As you are aware, the concept of Wilmot Creek envisioned a single community, focused around central recreational and social facilities that tied that community together . All parties involved in the planning , design and execution of Wilmot Creek were aware of this philosophy, that in effect dictated that Wilmot Creek be designed as though the road allowances did not I �.. - ATTAC*-1s 1E;1T N-2 f._ 1�6 � .. WD-2- 1 RICE CONSTRUCTION CO., LIMITED k t Mr . W. A. Evans, P . Eng . November 19, 1990 Page 2 exist, and clearly there was no need for them to exist. Should there have been contemplation that the road allowances remain in the ownership of the Town and be opened for public use, there is no doubt from a planning perspective that the generation of a vastly different plan would have been required . - As noted, we have also enclosed for your review a copy of the 1984 amending agreement which substitutes a revised site plan for the Schedule "C" site plan referred to above, and which reflects the layout in existence today on site. We would note that the approval of this updated plan further solidifies and strengthens the position of the closure of the road allowances and illustrates that there was no intention by any party to maintain these allowances as public access routes to the lakefront. We would respectfully suggest that we have performed all activities in conformity with the applicable Development Agreement and site plan schedule. In accordance with the intent and obligation of the Development Agreement, we have applied for the closure of the remaining unopened road allowance that will allow completion of the development in this area as originally envisioned . We trust that with the attached information the appropriate report can be prepared for the consideration of Council recommending closure of the allowance . Yours truly, RIDGE PINE PARK INC . �2z� Roger Howard , M.C . I .P . RH/s a Encls . cc : Air . Lawrence E. Kotseff, Chief Administrative Officer Mr . Franklin Wu , Director of Planning %94-7_ I SEP-02-1992 14:42 FRCiP9 RICECAPITALINVEST TO P.02 C A P I T A L O R a U P 2 September 1992 Mr. Larry Taylor Planning and Development Department THE CWPMTICN OF THE TOWN OF NEWCASTLE 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Larry: RE: M(l( ST TO CLOSE AND CONVEY THE UNOPENED ROAD ALLOWANCE BETWE N THE poRMER CLARKE AND DARLINGTON TO SHIPS IN BROKEN FRONT CONCESSION RIDGE PINE PART( -iNC. WILMOT CRE. K M=TEZ FILE N0, T09.1194.RI As you are aware, we have been speaking to Warren Munro regarding the re- activation of the above--referenced application. We appreciate the fax warren forwarded to us on September 1, 1992, updating us on your Department's position. We wanted to take this opportunity, however, to perhaps provide you with some additional information as well as the rationale behind our desire to see this matter being resolved. In regard to the excerpt of the January 14, 1991 Council Minutes enclosed in the fax, a meeting was held at the offices of the Crombie Commission on January 24, 1991 along with Frank Wu, Walter Evans, and Larry Kotseff to discuss how the matter may best be handled. It was agreed that the application would be deferred until the Crombie Report had progressed and reviewed the options for providing a route through the Wilmot Creek community. In support of that, the attached Recommendation from the June 24, 1991 Council Meeting was adopted. Since June 1991, the Crombie Commission has produced its final report entitled ifRegeneration", which indicates general philosophies regarding the implementation of an ecosystem approach to shoreline planning. Concurrently . with the finalization of the Commission's work, the Town has undertaken a Waterfront Study to ensure a comprehensive plan, is in place to guide shoreline development in the future. While we understand that the Study is not complete at this point in time, the attached portion of a recent handout to the public does indicate proposed trail locations throughout the Newcastle waterfront area south of Highway 401. We note that neither Regional nor gown trails are proposed either along the Wilmot Creek shoreline area or within the r d allowance subject of our j current application. ATTACHMENT N0. 2 - - ,. WD-80-92 �;FPL02-1992 14:42 FROM RICFCAPITALINUFST TO P.ci Mr. Larry Taylor 2 September, 1992 Page 2 For this reason, we are respectfully suggesting that it would now be appropriate to deal with the application and for it to be given approval so that development may be completed in this portion of the community in accordance with the approved site plan. In our view, there would appear no reason from a planning perspective to keep the allowance open. As you are pzobably aware, our argument all along has been that the Wilmot Creek community was designed and implemented as a single, private community. The three unopened road allowances originally crossing the development were all sheduled for closure and conveyance to us as indicated both on the site Plan and within the development agreement for the lands. In fact, as you are aware, the site layout was designed as though the allowances did not exist. Two of the allowances were closed and conveyed, however, as we did not own the land on both sides of the third allowance, approval could not be given for the third allowance at that time. We have since purchased that land. Therefore, we are requesting that the application be activated again and in accordance with the latest Waterfront Study proposal, that due to no trail being proposed along the Wilmot Creek shoreline area or within the subject allowance, that the closure and conveyance of the allowance to Ridge Pine Park Inc. be recommended. We believe the meeting suggested in the Council Minutes of January 14, 1991 has taken place and that it is now time to Heal with the issue. We note from the Waterfront Study handout that there are a number of supplementary options for discussion under Area 7 and would appreciate an opportunity to discuss these with you at your earliest convenience, although we feel that the road closure issue can be dealt with outside of these matters. Yours truly, RIDGE PINE PARK INC. Roger Howard, MCIP encls_ i I `l I UNFINISHED BUSINESS "` y"• TOWN OF NEWCASTLE REPORT t -���. •� C� File �'f'bq -11Q�1- •Q� Res. # By-Law # rMING. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ATE. JUNE 17 , 1991 REPORT #: WD-2-91 ADDENDUM FILE # D.BF. 03 . 04 UCT• REQUEST TO CLOSE AND CONVEY THE UNOPENED ROAD ALLOWANCE BETWEEN THE FORMER CLARKE AND DARLINGTON TOWNSHIPS IN BROKEN FRONT CONCESSION - RIDGE PINE PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-2-91 ADDENDUM be received; 2 . THAT Report WD-2-91 remain tabled until such time as the Town of Newcastle Planning and Development Department and the Crombie Commission have reviewed the options available to provide a route through the Wilmot Creek Development as part of the shoreline link referred to in the Crombie Commission Report and have reported their findings to the General Purpose and Administration Committee; and 3 . THAT Mr. Roger Howard, Ridge Pine Park and Mrs. Ruth Hinkley, Wilmot Creek Homeowners Association, be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. l: Report WD-2=91 dated January 7, 1991 ATTACHMENT N0. 1 C� WD-80-92 . . .2 REPORT NO. : WD-2-91 ADDENDUM PAGE 2 2.0 BACKGROUND 2. 1 At a regular meeting held on January 14, 1991, Council passed Resolution #C-30-91: "THAT Report WD-2-91 be tabled until such time as 4 the Crombie Report can be discussed with the applicant, Ridge Pine Park, and a representative of the Crombie Commission; and THAT Mr. David Rice and Mrs . Ruth Hinkley, Wilmot Creek Homeowners Association, be advised of Council's decision and of the date that Report WD- 2-91 will be considered by the General Purpose and Administration Committee. " 3.0 REVIEW AND COMMENT 3 . 1 On January 24, 1991, a meeting was held with ztaff of the Crombie Commission and Ridge Pine Park Inc . to discuss the Commissi_on's viewpoint on obtaining a shoreline link through the Wilmot Creek Development. 3 .2 It was agreed that the Town of Newcastle Planning Department and the Crombie Commission would work together to explore the various alternatives and that the Director of Planning would submit a report to the General Purpose and Administration Committee. 3 . 3 It was also noted that the Town will be ..conducting a Waterfront Study and it is anticipated that the waterfront trail will be more clearly defined and hence the issue of closure of the Town's road allowance can be better addressed at that time. 09 . . . 3 I REPORT NO. : WD-2-9- ADDENDUM PAGE 3 Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrenc Kotseff, Director of Public Works Chief Adm nistrative Officer WAE*llv - June 6, 1991 Attachment pc: Mr. Roger Howard Ridge Pine Park P.O. Box 60, Group 1 Newcastle, Ontario LOA 1H0 Mrs . Ruth Hinkley Wilmot Creek Homeowners Association Box 42, Group 1 R.R. #1 Newcastle, Ontario LOA 1HO ' UNFINISHED BUSINESS #2 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JULY 6, 1992 Res. Report#: WD-56-92 File#: _C.06,3904 By-Law# Subject: REQUEST FOR ROAD CLOSURE AND CONVEYANCE OF A PORTION OF THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 32 & 33 IN CONCESSION 6, FORMER TOWNSHIP OF CLARKE, TOWN OF NEWCASTLE KIDDICORP INVESTMENTS LTD. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-56-92 be received; 2 . THAT staff be authorized to advertise a public hearing required by the Municipal Act for the closure and conveyance of part of the unopened road allowance between Lots 32 and 33., Concession 6, former Clarke Township, Parts 2 and 3, Plan 40R- 14061; 3 . THAT, if following such Hearing Council decides to close and authorize the conveyance of the subject road allowance to Kiddicorp Investments Inc. , the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; 4 . THAT Council defer the passing of the necessary by-law until the Town has received compensation for the conveyance established at $13,500, plus all associated costs; X44 5• THAT the applicant execute an Indemnity Agreement with the Town satisfactory to the Towns solicitor prior to the passing of the necessary by-law; 4, ATTACHMENT N0. 5 1`204 WD-80-92 PAPEgD®REC Y'C lE i*6PRrt DENREE UDPAPER REPORT NO. : WD-56-92 PAGE 2 6 . THAT the Town's solicitor be directed to take all actions necessary to complete the transactions; and 7 . THAT Mr. George Smith, Lawyer, be advised of Council's decision. ---------------------------------------------------------------- REPORT 1:0 ATTACHMENTS No. 1: Key Map 2.0 BACKGROUND 2 . 1 Kiddicorp Investments Ltd. submitted an application to the Public Works Department to close and convey the north part of the unopened road allowance between Lots 32 and 33,. Concession 6, former Clarke Township, specifically described as Parts 2 and 3, Plan 40R-14061 (Attachment No. 1) . Kiddicorp Investments owns the property on both sides of the subject road allowance. 3.0 CIRCULATION 3. 1 The application was circulated to all departments, agencies and authorities. No objections have been received with respect to this application. Although Kiddicorp owns the property abutting the proposed road closure, property owners in close proximity will be advised by letter of the proposed closure and of the public hearing when it is scheduled. 4.0 APPRAISAL 4 . 1 Durham Appraisal Services Inc. completed an Appraisal Report on the subject property and determined Market Value at $13,500 . . . . /3 REPORT NO. : WD-56-92 PAGE 3 5.0 COMPENSATION 5. 1 The subject property is 66. 02 feet x 3,393 .96 feet. The site area is 5. 14 acres . The abutting property is zoned Agricultural, A. The value of the land was established by Direct Comparison Approach as follows: $2,617 .95/acre X 5. 14 acres = $13,456 .26 Rounded to $13,500.00 6.0 RECOMMENDATIONS That the north half of the unopened road allowance between Lots 32 and 33, Concession 6, former Township of Clarke, be closed and conveyed to Kiddicorp Investments Inc. at the selling price of $13,500 and all associated costs, in accordance with Town Policy, provided the applicant satisfies all conditions of the road closing procedure. Respectfully submitted, Recommended for presentation -to the Committee, p � Walter A. Evans, P.Eng. , La na Director of Public Works Chief Ad tiv e' Officer JCO*ph June 18, 1992 Attachment Pc: George L. Smith Lawyer 226 Queen Street P.O. Box 5243 Port Perry, Ontario L9L 1B9 i I CONCESSION ROAD 7 PART 2 PART 3 PLAN 40R-/406/ LOT 33 LOT 32 CON 6 4 O � W O O I� Q j REGIONAL ROAD 4 R31 o 35 3/ 33 32 j2l �27 n 74 23 22 2 v ?0 �9 is � 16 0 e A D h J 3 x$ o J U U W Y o C RO ,7 r �i t ° m i 2 Y OQ o S z r DRAWN J .M. DATE : FEB. 1990 S 4 T- ATTACHMENT N0, 1 KEY MAP WD-56-92 L I ..._0