HomeMy WebLinkAboutWD-55-91 TOWN OF NEWCASTLE
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REPORT File # , 165 -0)r
Res. #
By-Law #
NESTING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JULY 8, 1991
REPORT #: WD-55-91
FILE #. D . 0 43 1 D�
APPLICATION BY 591415 ONTARIO INC. (J. RUPERT) FOR THE CLOSURE
SI1&JECT: AND CONVEYANCE OF THE PORTION OF STROHL ROAD WHICH COMPRISES
PARTS 2 TO 7, REFERENCE PLAN 1OR-2957, TOWN OF NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-55-91 be received;
2 . THAT Council approve the by-law attached to Report WD-55-91; and
2 . THAT Resolution #GPA-494-90 be amended to read:
THAT the road allowance known as Strohl Road in
Concession 4, part Lot 31, former Darlington, shown
as Parts 2 through 7 on Plan 1OR-2957 be closed and
conveyed to the owners of the lands abutting parts
2 through 7 on Plan 1OM-808, conditional on the
execution of the necessary easement with Ontario
Hydro (see Attachment No. 1) , and that the Mayor and
Clerk be authorized to execute the necessary
documents to complete the transaction.
4 . THAT the Town's solicitor be directed to prepare the necessary
documents to complete the transaction.
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REPORT NO. : WD-55-91 PAGE 2
REPORT
1.0 ATTACHMENT
No. l: Report WD-54-90
No.2 : Correspondence dated June 14, 1991, from Michael
Armstrong
No. 3: Correspondence dated June 21, 1991, from Michael
Armstrong
No.4 : By-law 91-
2.0 BACKGROUND
2 . 1 At a regular meeting held on June 18, 1990, the General Purpose and
Administration Committee passed Resolution #GPA-494-90 approving
the recommendations in Report WD-54-90 (Attachment No. l) .
Public Works proceeded to advertise the proposed by-law in
accordance with the requirements of the Municipal Act.
Mr. Aleksandr Bolotenko, solicitor for Mr. Wasik, appeared before
Council and strongly opposed the road closing on behalf of his
client.
2 .2 Council considered By-Law 90-154 on September 10, 1990, and passed
the following resolution:
"THAT By-law 90-154, being a by-law to stop up and
close and to authorize the sale of part of the
opened road allowance described as Strohl Road be
referred to the Town solicitor for clarification;
and
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THAT Mr. Aleksandr Bolotenko and Mr. Michael
Armstrong be advised of Council's decision. "
. . . 3
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REPORT NO. : WD-55-91 PAGE 3
3.0 REVIEW AND COMMENT
3 . 1 The Town's solicitor commented and set out the following
conditions:
"In these circumstances, I advise that Council
should not pass By-law No. 90-154 to authorize both
the closure and the conveyance of the portion of
Strohl Road in accordance with Report WD-54-90
either until a Court of competent jurisdiction at
the instance of 591415 Ontario Inc. requires Mr.
Wasik to consent to the conveyance of the portion
of Strohl Road in question to the owner(s) of Lots
29 to 33 on the 10 M Plan in performance of the
Agreement of December 11, 1986, or 591415 Ontario
Inc. files with the Town Mr. Wasik's consent to such
conveyance(s) being made by the Town. "
3 .2 On June 14, 1991, Mr. Michael Armstrong, solicitor for the
applicant, Mr. Rupert, forwarded a letter from Mr. Aleksandr
Bolotenko, solicitor for Mr. Wasik, stating that Mr. Wasik
withdraws his objection to the Application for Road Closure
(Attachment No.2) . This consent was discussed with Mr. Hefferon
who is satisfied that the letter satisfies the conditions he
imposed, provided that Mr. Rupert is in agreement.
3 . 3 Confirmation that Mr. Rupert is in agreement was received from Mr.
Rupert's solicitor, Michael Armstrong on Friday, June 21, 1991
(Attachment No.3) .
3 .4 Recommendation No.2 in Report WD-54-90 recommended that Parts 1
through 7 be closed and conveyed to the abutting property owners.
Part 1 is to be retained by the Town for road widening. It is
therefore necessary to amend the resolution passed by Council on
June 25, 1990. The by-law reflects this change.
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REPORT NO. : WD-55-91 PAGE 4
4.0 CONCLUSION
4 . 1 The applicant, 591415 Ontario Inc. (J. Rupert) has satisfied the
requirements and conditions for road closure and conveyance and it
is, therefore, recommended that Council pass the by-law attached
to Report WD-55-9111 authorizing the closure and conveyance of
Strohl Road.
Respectfully submitted, Recommended for presentation
to the Committee,
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Walter A. Evans, P.Eng. , Lawren Kotseff,
Director of Public Works Chief A istrative Officer
JCO*WAE*llv
June 27, 1991
Attachments
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TOWN OF NEWCASTLE �ONEIDEIVII
REPORT File
P�
Res. #
--- _ - By-Law #
STING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE {� -
DATE: JUNE 18, 1990
REPORT #: WD-54-90 - FILE #:
SUB,ECT: APPLICATION FOR ROAD CLOSURE AND CONVEYANCE
PART LOT 31, CONCESSION ROAD 4 (STROHL'S ROAD) , PARTS 1 TO 7
PLAN 1OR-2957
APPLICANT: 591415 ONTARIO INC. (J. RUPERT)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Confidential Report WD-54-90 be received "In Camera" ;
2 . THAT the road allowance known as Strohl Road in Concession 4, part
Lot 31, former Darlington, shown as Parts 1 through 7 on Plan
1OR-2957 be closed and conveyed to the owners of the lands abutting
Parts 1 - 7 on Plan 1OM-808, conditional on the execution of the
necessary easement with Ontario Hydro (see Attachment No. 1) , and
that the Mayor and Clerk be authorized to execute the necessary
documents to complete the transaction;
3. THAT the appraisal and compensation requirements of the Road
Closing Policy be waived;
4 . THAT the applicant pay all estimated costs for legal,
administration, survey and advertising, etc. associated with the
road closure and conveyance prior to the passing of the by-law.
. . .2
ATTACHMENT NO, 1
E WD-55-91
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REPORT NO. : WD-54-90 PAGE 2
5. THAT the applicant execute an Indemnity Agreement with the Town of
Newcastle satisfactory to the Town's solicitor prior to the passing
of the by-law.
6. THAT the proposed by-law be advertised and executed in accordance
with the Municipal Act.
7 . THAT Mr. Mike Armstrong, Solicitor for the applicant and Mr.
Aleksandr G. Bolotenko, Solicitor for Wasik Films be advised of
Council's decision.
1.0 ATTACHMENTS SHOWING ALL LANDS
No. l: Rey Map
No.2: Retained Lands (LD 445/85)
No.3: Lands, to be conveyed (10R-2957)
No.4: Agreement Between 591145 Ontario Ltd. and Walter
Wasik
No.5: Schedule 'N' to Subdivision Agreement
2.0 BACKGROUND
2 .1 Land Severance Application LD 445/85 was proposed to sever a 2 .88
ha portion of lands from a 69 ha farm, owned by W. Wasik; 2.88 ha
to be retained by W. Wasik and the balance of the farm to be
developed through Plan of Subdivision.
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2 .2 On December 16, 1985 an Application for Consent to sever(LD 445/85)
the 2.88 ha parcel of land from a 69 ha farm was approved as
applied for, subject to:
1) That the applicant satisfy the Town of Newcastle,
financially and otherwise (disposition of the road
allowance Strohl Road be considered) .
2) That the applicant satisfy all the requirements of the
Regional Municipality of Durham concerning the provision
of Regional services, financial and otherwise.
REPORT NO. : WD-54-90 PAGE 3
3) That the applicant submit two copies of a registered
reference plan on the subject parcel for the clearance
of documents .
3.0 DISPOSITION OF STROHL ROAD
3. 1 Problem
Disposition of Strohl Road meant that ingress and egress to the
retained lands (Attachment No.2) would have to be resolved.
Planning Department staff advised Mr. Bolotenko that
consideration would be given to the disposition of Strohl's
Road through road closure and conveyance and recommended that
acce.ss be obtained through development of the severed lands
to the south.
3.2 STATUS OF STROHL ROAD
The geometrics of the Strohl Road intersection with Trulls Road
exhibited limited safe stopping sight distance. Any additional
traffic at this location would increase the potential for conflicts
and therefore was an undesirable option for a permanent access to
Townline Estates .
3.3 Agreement (Attachment No 4 1
December 11, 1986 - 591145 Ontario Inc. and Walter Wasik agreement
was registered February 9, 1987.
3.3. 1 Summary of Agreement
Mr. Wasik agreed to ingress and egress via Strohl's Road until the
development to the south proceeded and that he would relinquish
interest in the disposition of Strohl's Road when the Plan of
Subdivision was implemented.
REPORT NO. : WD-54-90 PAGE 4
4.0 DEVELOPMENT OF LANDS TO THE SOUTH - 591145 ONTARIO INC. (RUPERT)
4.1 Subdivision Agreement - Schedule 'N' - Lands Unsuitable for
Building. (Attachment No.S) .
In compliance with the conditions of Land Severance, Schedule 'N'
was included in the Subdivision Agreement. The Subdivision
Agreement was approved by By-law 88-29, dated March. 14, 1988.
4.2 Summary of Schedule 'N' - Lands Unsuitable for Building
Block 70 as shown on Plan 18T-85018 shown as Block 53, Plan
1OM-808 is to provide access to part 1 of Plan IOR-2422 (retained
lands) (see Attachment No.3) when Strohl Road is closed and
conveyed to adjoining lots; and,
Prior to the issuance of a Building permit, Part 2 on 1OR-2422,
(see Attachment No.3) being a "Forced Road" is to be closed and
conveyed at the owner's expense, to each abutting lot.
5.0 APPLICATION FOR ROAD CLOSING AND CONVEYANCE
Application for Road Closure and Conveyance was submitted June 5,
1989, by Mr. Mike Armstrong, Solicitor for the applicant (Mr.
Rupert) .
5 .1 Circulation of Road Closing Application
The circulation process was completed and Ontario Hydro requested
an easement for hydro line which serves Mr. Wasik.
No other requirements were noted as a result of the circulation.
6.0 COMPENSATION
Recommendation #3 of this Report recommends that the appraisal and
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compensation requirements of the Town's Policy be waived.
6 . 1 Reasons For Exception to Policy
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1) Strohl road was considered an unimproved Forced Road which
served as a laneway to the Wasik property. Strohl Road was
maintained by the Municipality.
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REPORT NO. : WD-54-90 PAGE 5
2) Public Works requested that Strohl Road be closed and conveyed
and that a new road, Prince Rupert Drive, be constructed for
the following reasons:
i) Strohl Road intersection at Trulls Road was unsafe.
Increased traffic volume and insufficient sight distance
at that location would create a hazard. -
ii) The application for road closure and conveyance was initiated
at the request of Public Works to correct the existing
hazardous intersection. The closing and conveyance of Strohl
Road was dealt with in Clause 4.7 (6)
"The owner agrees furthermore, that Lots
29 to 33 (inclusive) as shown on the 10M
Plan are not to be sold until such time
that the forced road known as Strohl's
Road (Part 2 on Plan 1OR-2422) has been
closed and conveyed, at the Owner's
expense, to each abutting lot. "
Better land use could be achieved from a Planning viewpoint.
Since the closure and conveyance was initiated by Town Staff
and supported by Council in the passing of By-law 88-29
enacted March 14, 1988, and the applicant has fulfilled his
obligation to construct an alternate access to the Wasik
property (Block 53,shown on Attachment No.3) , it is therefore
recommended that the requirement for an appraisal and
compensation be waived.
7.0 CONCLUSION
7. 1 The purpose of the road closing application is to satisfy the
condition of land severance to close and convey Strohl Road in
exchange for an alternate access.
7 .2 No objections were received in response to the circulation.
. . . .6
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REPORT NO. : WD-54-90 PAGE 6
7 .3 Ontario Hydro requires an easement.
7 .4 It is appropriate that the requirement for appraisal and
compensation be waived since the closure and conveyance was
initiated by staff to eliminate a dangerous intersection.
7.5 Mr. Rupert and Mr. Wasik are negotiating an agreement with respect
to the maintenance of the access (Block 53) , to the Wasik property.
Mr. Wasik agreed to relinquish his interest in the disposition of
Strohl Road when the Plan of Subdivision was implemented.
8.0 RECOMMENDATIONS
8. 1 THAT the road allowance known as Strohl Road in Concession 4, part
Lot 31, former Darlington, shown as Parts 1 through 7 on Plan 1OR-
2957 be closed and conveyed to the owners of the lands abutting
Parts 1 - 7 on Plan 1OM-808, conditional on the execution of the
necessary easement with Ontario Hydro, at the applicant's expense.
8.2 THAT the appraisal and - compensation requirements of the Road
Closing Policy be waived;
8 .3 THAT the applicant pay all estimated costs for legal,
administration, survey and advertising, etc. associated with the
road closure and conveyance prior to the passing of the by-law.
8.4 THAT the applicant execute an Indemnity Agreement with the Town of j
Newcastle satisfactory to the Town's solicitor prior to the passing
of the by-law.
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8 .5 THAT the proposed by-law be advertised and executed in accordance
with the Municipal Act.
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REPORT NO. : WD-54-90 PAGE 7
Respectfully submitted, Recommended for presentation
to the Committee,
- - -----------------
Walter A. .Evans, P.Eng. , awrenc Kotseff,
Director of Public Works Chief istrative Officer
JCO*WAE*llv
May 25, 1990
Attachments
Aitchison, Starzynski, Evans & Bolotenko Mr. Michael Armstrong
Barristers & Solicitors 32 Simcoe Street S.
, 115 Simcoe Street South Oshawa, Ontario
P.O. Box 978 L1H 4G1
Oshawa, Ontario
L1H 7N2
Attention: A. G. Bolotenko
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/OR - 2957
PART 7 PART PART I
6 PART 5 PART 4 PART 3 PART 2
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vuUL41iW1111, tcltctUr
v Onuri° Form 4—Lend Registration Reform Act,198. U
(1) Registry Land Titles [J (2) Pago 1 of 7 pages
(3)Properly Block Property
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FC0 AGREEMENT
tiEWCASTL£ (5)Consideration
No.10
60WvWANYtLIa L1N0 REGISTRlR/• TWO DOLLARS Dollars s 2.00
(6)Description
Part of Lots 31 and 32, Concession 4,
Township of Darlington, now Town of W wcastle
i in the Regional Municipality of Durham now
,II
New Property identifiers Additional: designated as Parts 1 and 3, Plan IOR-2422
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iSonedute ❑ Aporx. 2.9 ha of land with house and biq barn as
Executions severed in 1985 by Durham Land Committee.
(7)This (a) Redescrlption (b)Schedule for:
Additional: Document Now Easement Additional
See ❑ Contains: Plan/Sketch (� Descrlpllof. 0 Parties ❑ Other
Schedule
(8)This Document provides as follows:
See Schedule Attached
Continued on Schedule
(9)This Document relates to Instrument number(s)
(10) Party(les)(Set out Status or Interest)
Name(s) i u s) Date of Signatur
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.591.1A.5. Dn.tar.io. Inc.. . . . . . . . . . . . . . . . . ;1987 !O1
by its solicitors W• Michael Armstrong 1
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(t1)orservice c/o McGibbon,Rastedo,Arms tronq&Armstronq,P.O.Box 2396,Oshawa,Ont.L1H 7V6
(12)Party(les)(Set out Status or Interest)
Name(s) Signature(s) Date of Signa
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4Wal.te.r. Was.ik. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . .. i
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(17)Addre
for Service 293 Blue Heron Dr. , DShdwd,Ontdrio. L1G 6X7
Tf�('`(,fr p�o s (14) Municipal Address of Properly (15) Document Prepared by: ' r Fees and Tax
1/ll.11l'9 I` �{ A{tCh{son Sta rZyns k{ EvansE Z Rogistralion Fee cr
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115 Simcoe St. S. , Box 978, 0
Oshawa, Ontario. L1H 7N2 W
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% THIS AGREEMENT made this eleventh day of December,1986
BETWEEN:
591145 Ontario Inc.
Hereinafter called the "Owner"
OF THE FIRST PART
- and -
WALTER WASIK, of the City of
Oshawa, in the Regional Municipality
of Durham,
Hereinafter called "Wasik" -
OF THE SECOND PART
WHEREAS Wasik has obtained the consent to sever certain
lands which lands are identified in Schedule "A" attached hereto and in a decision
of the Durham Land Division Committee attached hereto as Schedule "B";
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
-.of the sum of TWO-----------------(52.00)-----------------------DOLLARS and such
other good and valuable ccnsideratioi, Nzi�d by the party of the second part to the
party of the first part, the Parties hereto hereby agree-as'Jollows:-
1. The Owner hereby covenants and agrees that any
ingress and egress to the severed lands(more particularly
set out in Schedule "A") shall continue through the use
of Strohl 's Road until such time as the development of
the lands immediately to the south have,through the
implementation of the Plan of Subdivision,been obtained
by the proper authorities.
2. The Owner and Wasik. as their interests may be hereby
agree to relinquish their interests in the disoosition of
Strohl's Road when the Plan of Subdivision has been
implemented.
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3. The Owner and Wasik hereby agree that for purposes of
clarification reference shall be made to corresoondence
dated October 30,1986, received from the Corporation of
the Town of Newcastle and attached hereto as Schedule
' a
2 _
4, This Agreement shall enure to the benefit of and W
binding upon the parties hereto and their respective
heirs, successors and assigns.
IN WITNESS WHEREOF the Darty.of the first part has hereunto
Placed its hand and seal , this III-,Y day of December,1986.
591145 ONTARIO
per:
I have the authority to bind the
Corporation.
WITNESS WHEREOF the party of the secohd -Dart has hereunto
Placed his hand a ) seal , this (�� day of December,1986,
Witness:
Wad asik
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l I(eo 53 166 rues
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SCHEDULE "B" 5
JAN 2 1 1986
M I N U T E S s D E C I S I O N
DURHAM LANG 01yISION COMM[ TTEE
As per The Planning Act 1983
The Durham Act and in accordance with the
Provincial Rules of Procedure
CONSENT APPLICATION
LD 445/85 Submission 8439/85 16th December 1985
59 14 15 Ontario Inc.
Part South half of Lots 31
and 32 , Concession 4
Town of Newcastle (Darlington)
THIS APPLICATION IS FOR CONSENT to sever a 2 .88 ha parcel supporting
a film studio and dwelling from a 69 ha farm.
Mr. A. Bolotenko, Solicitor, accompanied by Mr. W. Wasik , was
present on behalf of this application. No further repre'se'ntation
was present in favour of or opposed to the application .
Mr. Bolotenko advised the Committee that the application was to
separate 7 acres containing a house and a film studio from 170
acres , the southerly portion being the subjection of a draft
plan of subdivision 18T-85018. Mr. Bolotenko advised that the
film studio had been operated since 1962 and Mr. Wasik had film
committments to fulfill . The Town of Newcastle staff had indicated
that an application to recognize this parcel as a legal non-conforming
use would not be inappropriate.
The question of Stroh] Road was a matter of discussion , the Town
indicated by report and telephone that the disposition of this road
allowance cou.ld be settled at the time o.f the approval of the
..subdivision . The Town of Newcastle maintains a portion of the road
but the ownership of thc 'a] lowance was nQ-t, clear.
The Committee felt that the approval of this application would recognize
an existing situation .
The Committee had for information purposes reports received from the
Regional Planning Department, the Regional Works Department , the
Central Lake Ontario Conservation Authority and. the Corporation of
the Town of Newcastle Planning and Development Department.
DECISION OF THE COMMITTEE
MOVED: G. Wandless SECONOEO: D. Gibson
THAT application LO 445/85 be approved as applied for, subject to :
1. That the applicant satisfy. the Town of
Newcastle , financially and otherwise
(disposition of the road allowed Strohl
Road be considered) .
2. That the applicant satisfy all the
requirements of the Regional Municipality
of Durham concerning the provision of
Regional services , financially and
o:..1er-Ni 5a .
C o n t' d. . . . .
2/
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LO 445/85 (Continued) 16th December 1985
591415 Ontario Inc .
Town of Newcastle (Darlington)
3, That the applicant submit two copies of
a registered reference plan on the
subject parcel for the clearance of
documents ,
4 . The above conditions must be fulfilled
by 25th December 1986 or this consent
shall thereupon be deemed to be refused.
5 . This consent shall expire on 25th. January
1987 .
6 . That prior to the signing of the certificate
given by the Secretary/Treasurer that the
consent has been given , the Secretary/Treasurer
is to be advised in writing by the Town of
Newcastle that condition 41 has been carried
out to its satisfaction.
7 . That prior to the signing of the certificate
given by the Secretary/Treasurer that the
consent has been given , the Secretary/Treasurer
is to be advised in writing by the Regional
Municipality of Durham Work-Department that
condition N2 has. been carried out to its
satisfaction .
CARRIED UNANIMOUSLY
Signed this 16th day of
December, 1985 by all
members present and con-
curring in this Decision
W , Al 1 in -
A t �� 1'�`",---G. Johnson
+Chairman -j Vice Chairman
Smith SAT-, '_ --I � K: Rynard
��_ -A. Gifford
andless -- /
_ - -� --D. Gibson
og.1 81akeIock
Last Date of Appeal of this Decision
Parker , Sec ./Trea
or any of the conditions contained therein 14th January 1986
tas*_ Oa _e for fulfilling Conditions 25th December 1936
Expiry Date of Application
25th January 1987
. i h-r-Cy ccrtlfy that lids Is a Uu^cc•
of the d•.:ic,on of the o::r-vm Land Di v:•
y+ sign Clmmittcc and this de:is an•Ha;
<C�K J•rh; •n U,• a mat-r.ty ;1 the
_r:WN., 11,
)RPORATION OF THE TOWN OF cWCASTLE
b TEMPERANCE STREET
BOWMANVILLE, ONTARIO
((( LIC3" TELEPHONE 030371
October 30, 1986
Aitchison, Starzynski , Evans A Bolotenko
Barristers A Solicitors
*_4 115 Simcoe Street South
;.? P.O. Box 978
i OSRAWA, Ontario
= , L1H 7N2
4.1
~ ATTENTION: Mr. A.G. Bolotenko
Dear Sir:
RE: WALTER WASIK - PART LOT 31/32, CONCESSION••t,
DARLINGTON - LAND DIYISION APPLICATION 445/85
Staff acknowledges receipt of your letter dated October 24, 1986 in
consideration of the above-noted Land Division application. Furthermore,
Staff acknowledges that the Land Division Committee, at their meeting of
December 16, 1985, approved said application subject to the applicant
satisfying the Town of Newcastle, financially and otherwise. This approval
included that consideration be given to the disposition of the road allowance
- Strohl 's Road.
In consideration of the above, Staff would request that a clause is
registered on title for the "severed lands", to the effect that the Owner
covenants and agrees that any ingress and egress to the "severed lands" shall
continue through the use of "Strohl 's Road" u0til such time the development
of the lands, inrlx.,diately to south, have, through the implementation of a
_ Plan o.f Subdivision, been obtained from the proper authorities. Furthermore,
at such time any interests in the'disposition of Strohl 's Road will be
relinquished by means of a Quit Claim.
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Staff would note that the ingress and egress—to the severed lands will be
obtained through the development of the lands to the south. This provision
would be included within the list of draft conditions of approval for the
Plan of Subdivision immediately to the south if approval is recommended by
Staff for Committee and Council 's consideration.
In consideration of the above comments, Staff would request that a draft of
the proposed deed be submitted for our review and concurrence.
1 trust the above information will be of assistance.
Your j f;rulyn ,
�' u1
L.D. Tay l r .
Deputy Director of Planning j
LDT*j ip
CC; D. Gray, Deputy Director, Public Works
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THIS IS SCHEDULE "N" to the Agreement which has been authorized and approved by
•By-law No. 88-29 of the Town of Newcastle, enacted and passed the 14th day of
March, 1988.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on the said lands listed in the following table, until
the conditions listed in the following table have been satisfied to the approval of
the Directors of Planning and Public Works and/or any other Authorities having
jurisdiction.
LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED
Blocks 52 to 67 inclusive To be conveyed to adjacent lots for restricted
(as shown on Draft Plan land use. . . . , no buildings or structures other
18T-85018 and on the draft than those necessary for flood and/or erosion
lOR Plan as Parts 1 to 16 control.
inclusive)
(j Block 70 as shown on Plan To' provide access to Part 1 on IOR-2422 when
18T-85018 (shown as Block Strohl Road (Part 2 on 1OR-2422) is closed
53 on 10M Plan) and conveyed to adjoining lots.
Block 52 on 10M Plan Appropriate approvals obtained from Region of
Durham, Town of Newcastle and other appropriate
agencies to permit any development on said
lands.
Lots 29, 30,31,32 and 33 Prior to the issuance of a Building Permit,
(on draft Plan 18T-85018 Part 2 on lOR-2422; being a "Forced Road", is
and 1OM-Plan) to be closed and conveyed, at the Owner's
Expense, to each abutting lot.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers di auth
in that behalf, u orized
SIGNED, SEALED AND DELIVERED ) THE CORPORATION O' THE TOWN OF NEh'CAST. E'
MAYOR
CLERK'
591415 ONTARIO INC. _
TITL _
V/P,
TITL V
CANUKR FILM PRODUCTION LIMITED
TITLE:
TITLE:
L.R. : 22.2.88
ATTACHTUIT 110, 5
MCGLBBON, BASTEDO, ARMSTRONG & ARMSTRONG
BARRISTERS AND SOLICITORS
32 SIMCOE STREET SOUTH
MAILING ADDRESS:
OSHAWA, ONTARIO P.O.BOX 2396
EDGAR F. BASTEDO,O.C. L1H 4G2 OSHAWA,ONTARIO
GRANT H.ARMSTRONG L1H 7V6
W. MICHAEL ARMSTRONG
TELEPHONE (416)728-7335
FACSIMILE (416)432-2348
June 14th, 1991
The Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Attention: Jan O 'Neill
Dear Mrs. O 'Neill :
RE: Wasik and 591415 Ontario Inc . , Block 53, Part Lot 13 ,
Concession 4 , Parts 1 to 7 , Plan 10R-9257 , By-Law 90-154
Enclosed please find copy of letter which we assume you have
now received.
Would you kindly have this matter put before Council as soon
as possible, so that we might finalize all matters prior to
the summer recess.
B
Very truly yours ,
McGIBBON -BASTEDO, ARMSTRONG & ARMSTRONG
Per : /
W. Michael Armstron
WMA/do
Encl .
ATTACHMENT NO, 2
WD-55-91
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AITCHISON & BOLOTENKO
BARRISTERS&SOLICITORS
�Ir),. .CO I
JAMES N.AITCHISON.B.A.,LL.B. L\ ANDR'G G. KO,LL.B. DAVID R. SNIOER,B.A. (HoNs.). LL.B.
�Fo a ,
June 7, 1991 SUN 4 1991 9 �
bon,
The Corporation of the
\
of Newcastle
Clerk' s Office
40 Temperance Street
BOWMANVILLE, ONTARIO
LlC 3A6
ATTENTION: MS. PATTIE BARRIE
Dear Ms. Barrie:
RE: 591415 ONTARIO INC. - WASIK
BLOCK LOT 53, BY-LAW 90-154
PART LOT 13, CONC. 4, - PARTS 1-7, PLAN 1OR-9257
Please be advised we are the solicitors for Walter Wasik, who is
the owner of the land being approximately 7 acres abutting
directly northerly on the above-noted reference plan. In
addition, our client is now the owner of Block 53, on Plan
1OM-808 .
In accordance with discussions with Mr. Michael Armstrong of
McGibbon, Bastedo, Armstrong and Armstrong, I would confer that
our client hereby withdraws his objection dated July 24 , 1990 to
the Application for Road Closure as submitted by Mr. Armstrong' s
client 591415 Ontario Inc.. (Rupert) . It is my understanding that
in accordance with Town policy our client being owner of Block 53
and the lands immediately to the north will receive from the Town
a conveyance of Part 6, Plan 1OR-2957 . Additionally I would
confirm that on the basis of the foregoing our client will not
object or appeal the passing of the pro-Dosed road closure by-law.
I would appreciate receiving confirmation of the foregoing at
your earliest convenience . I thank you and I remain,
Yours very truly,
AITCHISON 7 B LOTENKO
�I-
_ t
ALEKSANDR BOLOTENYO
./sms ff
CC : 'fr . tmstronq b M i
h'_ li G_33
MCGIBBON, BASTEDO, ARMSTRONG & ARMSTRONG
BARRISTERS AND SOLICITORS
32 SIMCOE STREET SOUTH
MAILING ADDRESS
O S H AWA, ONTARIO P.O. Box 2396
EDGAR F. BASTEDO,Q.C. L1H 4G2 OSHAWA,ONTARIO
GRANT H.ARMSTRONG L1H 7V6
W. MICHAEL ARMSTRONG
TELEPHONE (416)728-7335
FACSIMILE (416) 432-2348
June 21st, 1991
Corporation of the Town of Newcastle
Public Works
40 Temperance Street
Bowmanville, Ontario
MC C 3A6
Attention: Jan O'Neill M
Dear Jan: '
RE: Wasik and 591415 Ontario Inc.
Further to our telephone call of June 21st, we wish to confirm the
following:
1. We are the solicitor for 591415 Ontario Inc.
2. We are in receipt of a copy of a letter dated June 7th from Aitchison
and Bolotenko and wish to advise that our client concurs with the
contents of same.
We trust this letter of concurrence will allow you to put the matter before
the Committee on July 8th.
We will conduct updated searches to ascertain the present owners of Lots 29
through to Lot 33 including Block 53 arx1 will provide you with those
details early next week.
Very truly yours,
McGIBBON, BASTEDO, ARMSTRONG & ARMSTRONG
Per:
W. Michael Armstrong
WMA/do j
ATTACHMENT NO, 35
WD-55-91
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 91-
Being a by-law to stop-up and close and to authorize the
conveyance of the described as Strohl Road, in Part Lot 31,
Concession 4, former Township of Darlington, now in the
Town of Newcastle, more particularly described as Parts 2
through 7 on Plan 1OR-2957.
WHEREAS the Corporation of the Town of Newcastle deems it desirable to
stop up and close the road known as Strohl Road and authorizes the
conveyance of said road described as Parts 2 through 7 on Plan 1OR-2957 to
the owners of the lands abutting Parts 2 through 7, Plan 1OM-808, in
accordance with the Municipal Act, R.S.O. 1980, c.302 s.316.
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 Strohl Road comprising 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 road described as Part Strohl Road,
being Part of Lot 31, Concession 4, Town of Newcastle, former Township
of Darlington, now shown as Parts 2 through 7 on Plan 1OR-2957 deposited
in the Land Registry Office for the Registry Division of Newcastle
(No.10) on July 8, 1988, is hereby stopped up and closed.
2. All those portions of the closed road referred to in Section 1, are
hereby authorized to be conveyed to the owners of the lands abutting
Parts 2 through 7 on Plan 1OR-2957. Conveyances of Parts 2 through 7,
Plan 10R-2957 are hereby authorized to be made as follows:
Part 2 to the owner of Lot 33, Plan 1OM-808
Part 3 to the owner of Lot 32, Plan 1OM-808
Part 4 to the o;gner of Lot 31, Plan 1OM-808
Part 5 to the owner of Lot 30, Plan 1OM-808
Part 6 to the owner of Block 53, Plan 1OM-808
Part 7 to the owner of Block 29, Plan 1OM-808
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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
I
CLERK ATTACHPIENT N9 4
WD-55-91
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