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HomeMy WebLinkAboutWD-28-93 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JULY 5, 1993 Res. #Ial A Report#: WD-28-93 File#: _02.0 1 By-Law# __ Subject: REQUEST FOR CLOSURE AND CONVEYANCE OF UNOPENED ROAD ALLOWANCE BETWEEN LOTS 2 AND 3, CONCESSION 8, FORMER TOWNSHIP OF CLARKE, TO MARIO VELTRI Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-28-93 be received; 2 . THAT the request to stop-up, close and convey the subject unopened road allowance be denied; and 3 . THAT Sam L. Cureatz, Barrister and Solicitor, be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2 : Correspondence, dated April 7, 1993, from Sam Cureatz, Solicitor for Mario Veltri 2.0 BACKGROUND 2 . 1 Correspondence, dated April 7, 1993, was received by the Public Works Department from Sam Cureatz, Solicitor for Mario u34 11 �Z71 REPORT NO. : WD-28-93 PAGE 2 Veltri, requesting the subject road allowance be closed and conveyed to Mr. Veltri (Attachment No. 2) . 2 .2 A preliminary review has been completed by the Public Works Department with respect to the Town's approved Policy for Closure and Conveyance of Public Road Allowances and we have reviewed the site to determine if the road allowance may be required in future or if there is a compelling reason to close and convey it. 2 . 3 The Policy for Closure and Conveyance of Public Road Allowances Council, at its meeting of October 26, 1992, amended the Policy for Closure and Conveyance of Public Road Allowances by adding Clause 5 .4 as follows: "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. " To the best of our knowledge, there is no compelling reason to close the unopened road allowance and there is currently no proposed development of the abutting lands . 2 .4 Site Investigation The subject portion of the unopened road allowance runs parallel to the Forced Road (Attachment No. 1) . There is a very steep embankment between the existing Forced Road and the unopened road allowance. Although 'it is unlikely that a road would be constructed on the actual unopened portion, 1 o35 REPORT NO. : WD-28-93 PAGE 3 improvements to the Forced Road may require the use of the granular fill material from the unopened road allowance and, due to the ground elevations, may require encroachment onto the unopened road allowance to achieve desired slopes . 3.0 CONCLUSION AND RECOMMENDATIONS 3 . 1 Since the road allowance in question is located in the rural area of the Town and there is no compelling reason to close and convey the road allowance; and since future road construction in the area may require fill from the subject road allowance, it is recommended that the request for closure and conveyance of the subject road allowance be denied. Respectfully submitted, Recommended for presentation to the Committee, z._ Walter A. Evans, P.Eng. , Lawrence E. Ko ff, Director of Public Works Chief Administrative Officer JCO*ph June 231 1993 Attachments pc: Sam L. Cureatz, Q.C. Barrister and Solicitor 21 King St. East, Suite 101 Newcastle, Ontario L1B 1H3 i SUBJECT PORTION OF UNOPENED THERTELL ROAD ROAD ALLOWANCE (FORCED ROAD) LOT 2 CON 8 w z Q LOT 3 0 CON 8 Q THERTELL ROAD (FORCED ROAD) 0 Q 0 o w - w w 0 z 75 113511 x 10 f° A 7 4� 1 T a 1 9 K D _1��_1 �_t"L• C:\ATTACHS\DARE\THERTELL I [DRAWN BY: JM 1993 AR VI L ATTACHMENT N0, 1 1 �� KEY MAP WD 28-93 Sari Lo Cureatz, Q.C. Barrister and Solicitor Former-Minister of the Crown for the Government of Ontario Professional Building PHONE (416).987-3500 21 King St. East, Suite 101 FAX (416) 987-3503 Newcastle, Ontario 1_113 1H3 HOME (416).983'54,33 April 7, 1993 Town of Newcastle Works Department 40 Temperance Street Bowma-nvi.11e, Ontario L1C 3A6 Dear Sirs: Re: Veltri - Baptie R6ad' 4llowance Please find enclosed a sketch of' a part of 'a survey pertaining to 'Lot 2 and Lot 3, Concession 8, To-unship 'of "Clarke. My client, Mario Veltri owns approxmately 150 acres. Thdrtell Road- travels. from the west and then due south into a forced. road as I have circled in red. The road continues due east. There is presently.an existing road allowa' nc'e that runs due north from the forced road. This road allowance climbs an extremely high hill and the Works Department upon examination would confirm that it would never be opened. As a result, would the Works Department review this and make a recommendation about closing the road allowance and deeding half or all as required under the appropriate act to my client at fair market value; You;ve truly, ATTACHMENT NO. 2 52 ATZ W D-,28-93 SLC:jh Encl.. cc. (4ari_o Veltri I l� 3 , U