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Home My WebLink AboutWD-68-85 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P.ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1JO 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 7 , 1985. REPORT NO. : WD-68-85 SUBJECT: CLOSURE & CONVEYANCE OF ROAD ALLOWANCE WITHIN THE ESTATE OF LUELLA IRENE FOUND AND THE LATE CHARLES R. FOUND, PART LOTS 32 & 33, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON. I . i RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That the unopened portion of the road allowance between Lots 32 & 33 in Concession 1 , of the former Township of Darlington, more particularly described as Parts 3, 4 & 5, Plan 1OR1451 , be closed by by-law and conveyed to the abutting owners; and, 3. That the lands be conveyed to the abutting owners for the consideration of a quit claim deed to the lands upon which the travelled portion is actually situate; and, 4. That staff be authorized to complete the procedure for closure and conveyance on the basis of the above and in accordance with Town Policy. Page 2 REPORT NO. WD-68-85 REPORT: In response to enquiries from a law firm attempting to resolve the final disposition of the Found Estate, a report was presented to Committee and Council in May of 1982, and the following recommendations were adopted: THAT Council authorize Public Works Department Staff to take the necessary actions to arrange for the exchange of an unopened road allowance through the Found Estate for a forced road allowance at the west limit of the Found Estate in Lots 32 and 33, Concession 1, former Township of Darlington, wherein the existing road lies; and, THAT, assuming the appropriate arrangements can be made, the necessary legal documents be prepared and presented to Council for approval and execution at a later date; and, THAT a copy of this report be forwarded to Messrs. Greer, Seiler & Brown, Solicitors for the Found Estate. .. . .3 Page 3 REPORT NO. WD-68-85 The matter has remained dormant for some time, however, we are now being requested by the proponent solicitors to proceed accordingly. The necessary deposit, petitions and plans have been placed with the Town and it is appropriate to proceed. For the information of Council , Parts 3,4 & 5 on the attached plan (the original unopened road allowance), will be closed and conveyed to the abutting owners and Parts 8, 9 & 10 (the travelled portion of Prestonvale Road), will be quit claimed in favour of the Town. It is, therefore, recommended that the matter be dealt with further in accordance with Town Policy. Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. RGD:jco October 1, 1985. G R E E R, S E I L E R THOMAS H. GREER, Q.C. cE� 1 J 195 ROBERT F. SEILER, B.A., LL.B. BARRISTERS&SOLICITORS toc'J Practice Restricted to Civil Litigation Richmond Centre pgBL1C ROBERT G. ZOCHODNE`��• • �. , LL.B. 54B Centre Street North P.O. Box 917 WORKS Dcpi. Oshawa, Ontario,Canada LIH 7N1 Telephone(416)576-5153 September 12th, 1985 The Corporation of the Town of Newcastle Public Works Department Hampton, Ontario LOB 1JO Attention: R. Dupuis- P. Engineer, Director of Public Works Dear Sir: Re: The Estate of Luella Irene and the late Charles R. Found, Part Lot 32 and 33, Concession 1, Former Township of Darlington Further to your letter of November 14th, 1984 , we are now prepared at this time to ask that the council of The Corporation of the Town of Newcastle stop up and close the road allowance between lots 32 and 33, Concession 1 . Further, we would ask that in exchange for a quit claim deed from my clients regarding Parts 8 , 9 and 10 on Plan 1OR1456, we would ask that Parts 3 and 5 of that Plan be deeded to our clients and that Part 5 be deeded to Canadian Pacific Limited. I enclose herewith a Petition of both Canadian Pacific Limited and Everett and Gary Groeneveld who are the other abutting land owners other than my client. I also enclose herewith a cheque in the amount of $250 .00 payable to your order. I understand that it is a requirement that a plan be deposited and such be not older than twelve months . Unfortunately, the only plan which we have of this area with a view to determining this matter was on March 24th, 1982 . We have contacted Mr. Brown and I enclose a photostatic copy of that letter regarding his views on the necessity of updating the plan of survey for the purposes of this application. I would ask for your indulgence to file the existing plan of survey notwith- standing that it is older than twelve months. 2 _ The Corporation of the Town of Newcastle September 12th, 1985 I trust that you will be contacting us with respect to this matter in the near future. Yours very ul G , 5 �V ROBERT G. ZOCHODNE RGZ:sb Encl s. 1 I P E T I T I O N c"P.t For the closure or closure and conveyance of the Municipal Road Allowance or Right-of-Way located : Between Lots 32 and 33 in Concession 1 in the former Township of Darlington, now in the Town of Newcastle . And being .Parts 3 , 4 and 5 , Plan Number 1OR-1451. We the undersigned, being lawful owners of property abutting the above road allowance , do hereby petition the Council of the Corporation of the Town of Newcastle to close same , by by-law, and convey the lands thus gained, in accordance with the terms and conditions of The Municipal Act, Section 301 , Chapter 302 , R.S .O. 1980 . We hereby agree that, upon Council approval of this petition, we will register the Plan of Survey and will accept the responsibility for any costs involved in finalizing any and all transactions , as apportioned by the Town in accordance with the size of the parcels of land to be gained. This Petition is accompanied by a cheque in the amount of $250 . 00 (Two Hundred & Fifty Dollars) (non-refundable) and we further agree to pay the sum of $250 .00 (Two Hundred & Fifty Dollars) to the Town of Newcastle upon completion of the transactions , for the administration of this petition. DATED this day of J k'� 1985 and signed by: Owner in Title of Property Location Abutting Parts of Plan CANADIAN PACIFIC LIMITED PART 4 ON PLAN 1OR-1451 APPLICANT: CANADIAN PACIFIC LIMITED APPROVED Per: _ F Per: ��/" (PleasE supt. ASSISTANT S$CR$TARY print 5 617 - 1 .9 PETITION N O G 281985 For the closure or closure and conveyance of the 00 A Municipal Road Allowance or Right-of-Nay located: In/Between LOTS) 32 & 33 In/Between CONCESSION(? 1 (one) in the (former) Township of Darlington now in the Town of Newcastle_ and/or being � �lxk �x�f ,��t�axxc d30KMX]fXXMC=XW and more particularly described as PART(S) _3., 4 & 5 PLAN NO: 1 O R-14 51 We the undersigned, being lawful owners of property abutting the above road allowance, do hereby petition the Council of the Corporation of the Town of Newcastle to close same, by by-law, and convey the lands thus gained, in accordance with the terms and conditions of The Municipal Act, Section 301 , Chapter 302, R.S_O. 1980. We hereby agree that, upon Council approval of this petition, we will register the Plan of Survey and will accept the responsibility for any costs involved in finalizing any and all transactions, as apportioned by the Town in accordance with the size of the parcels of land to be gained. This Petition is accompanied by a cheque in the amount of 5250. 00 (Two Hundred & Fifty Dollars) (non-refundable) and we further agree to pay the sum of $250. 00 (Two Hundred & Fifty Dollars) to the Town of Newcastle upon completion of the transactions, for the administration of this petition. 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