HomeMy WebLinkAboutWD-53-85 F77;- ' 7
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS,P.ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 11,10 987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 3, 1985.
REPORT NO. : WD-53-85
SUBJECT: CLOSURE AND CONVEYANCE OF THE ROAD
ALLOWANCE LYING ON THE FORMER
CLARKE/DARLINGTON TOWNLINE IN THE
WILMOT CREEK MOBILE HOME PARK,
MORE PARTICULARLY, PART 22,
PLAN IOR-1330
RECOMMENDATION:
i
It is respectfully recommended:
1. That this report be received; and,
2. That the Rice Group be advised that the Town is not
prepared to consider Closure and Conveyance of Part
i
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,
3. That the deposit cheque in the amount of $250.00
provided to the Town by the Rice Group be returned to
them.
. . . .2
Page 2
REPORT NO. WD-53-85
REPORT
The attached plan illustrates lands to be developed in the
Wilmot Creek Mobile Home Park. The plan also shows original
road allowances within the area of the development which
should be closed. Parts 21 and 25, Plan 1OR-1330, were to
be closed as part of a site plan agreement between Ridge
Pine and the Town. Arrangements for Part 22 were to be made
at a later date. Ridge Pine has now, in the attached
letter, requested Closure and Conveyance of Part 22;
however, the abutting owner to the east, Professor Lovekin,
has indicated through his solicitor, objection to the
Closure. In view of the history of this matter and the
potential of the Town becoming embroiled in a difficult
legal situation, Closure and Conveyance should not be
considered until the two abutting property owners resolve
their differences.
Respectfully submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:crm
August 22, 1985.
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August '15 , 1985
Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville , Ontario
L1C 3A6
Attention : Mr . R . G. Dupuis , P . Eng . ,
^Director _of-Public Works_
Dear Sir :
( RE : WILMOT CREEK MOBILE HOME PARK - APPLICATION TO CLOSE
UNOPENED MUNICIPAL ROAD ALLOWANCE WITHIN THE CORPORATION
OF THE TOWN OF NEWCASTLE
Further to our earlier applications to close the previous unopened
road allowances within our, project , we are hereby applying to have
closed Part 22 of Reference Plan 1OR-1330 . We are the owners of
Part 4 of Reference Plan 1OR-1330, and Professor James Loveki.n is
the owner of the fee simple of Part 8 of Reference Plan 1OR-1330 .
We have a sublease from Ontario Hydro with respect to this Part ,
and based on this interest , we are hereby making application to the
Municipality to have Part 22 closed .
In accordance with your policy with respect to such closures , we
are also enclosing a cheque made payable to the Corporation of the
Town of Newcastle in the amount of $250 . 00 , representing the
I
required fee for the above-captioned application .
We understand from our previous correspondence from you that you
are prepared to accept the land appraisal conducted with respect to
the previous unopened road allowances which were closed by the
Municipality last year and we trust that this is still acceptable
to you .
We would , however , advise at this time that we have been contacted
by the solicitor for Professor .James Lovekin , Mr . Phillip L .
Sanford , of McCarthy & McCarthy , who has indicated to us that his
client is not in the best of health at this time , but nevertheless
. . . . /2
A MEMBER OF THE RICE GROUP
17 Dean St Brampton Ont L6W 1 M7 Tel (416) 461 0443
U
2 —
we would like to have the Municipality proceed with the processing
of this application as soon as possible . We have written to Mr .
Sanford advising him of our application , and we assume that you
will also contact him yourselves.
We trust that everything is in order , and if there are any
questions, please feel free to contact the undersigned .
Yours very truly,
RID E PINE PARK INC.
rew Orr
AO/smr
Enc1s .
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MCCARTIIY MCCARTIIY
BARRISTERS SOLICITORS I 1 ��It`_�5
P.o. Box 48 PATENT G TRADE MARK AGENTSQt�i. ;µ€(y,Ex�b�(l"s-z'n�13 J
TORONTO DOMINION BANK TOWER
fUQrfli064'.'T 34{9•JO j,ONLY S1
TORONTO-DOMINION CENTRE
TORONTO, CANADA _TELscew _441;1_'Xaa i 1812
M5K IE6 RAPICOM (410) 8c6-0o73
CABLE CARTAN, TORONTO
TELEPHONE (416) 362-1812 OUR REFERENCE:
August 7 , 1985
Mr. Andrew Orr
J AUG
Ridge Pine Park Inc.
17 Dean Street
Brampton, Ontario
L6W 1147
Dear Mr. Orr:
Re: Proposed Closing of the Road Allowance to the
West of Lot 35, Concession 1, Town of Newcastle
I have now received instructions from my client with
respect to this matter.
At this time my client does not support the proposed
road closing. I do not believe that there is any legal or
operational necessity for the closing of the road insofar as
your company is concerned and I would therefore suggest that no
approach be made to the Town to change the present situation.
Yours very truly,
McCARTHY & McCARTHY
Per:
-P S
Phillip L. Sanford -----
D)S`Ir2iSLITION
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LANDS TO BE DEVELOPED BY RIDGE PINE PARK INC. (WILMOT CREEK MOBILE HOME PARK)
LOTS 1 , 2, 3 , BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF DARLINGTON &
LOTS 34 & 35, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE.
SCHEDULE A
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ART 25 PART 21 =
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PLAN 1OR-1330
SECTIONS OF ROA • ALLOWANCES TO BE -CLOSED AS PER AGREEMENT NOVEMBER 2, 1980.