HomeMy WebLinkAboutWD-76-84PUBLIC WORKS DEPARTMENT
HAMPTON, ONTARIO
LOB 1J0
R. DUPUIS, P. ENO., DIRECTOR
TEL. (416) 263.2231
987.5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 17, 1984.
REPORT NO.: WD -76 -84
SUBJECT: WALKWAY BETWEEN LIBERTY PLACE AND
CARLISLE STREET IN BOWMANVILLE.
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and,
2. That where property owners adjacent to the walkway
between Liberty Place and Carlisle Street in
Bowmanville request the Town to perform works on said
walkway they be advised that the Town has no
jurisdiction or responsibility in the matter.
REPORT:
There has been a request for the Town to construct a fence
along one residential lot's frontage on the subject walkway.
Assessment maps were examined and it was found that there is
no defined walkway under municipal jurisdiction. This would
support the fact that since the formation of the Town of
Newcastle in 1974, neither summer nor winter maintenance has
been performed on the walkway.
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REPORT NO. WD -76 -84
The deed to one of the properties abutting the walkway has
been examined, and it was found that there is a mutual
right -of -way entitlement to all properties over which the
walkway traverses. Thus, each abutting property owner has
the right to use the walkway even though it is located on
another person's property by virtue of a legal right -of -way
on title.
It has been stated that the former Town of Bowmanville paved
the walkway and provided lumber for a fence along one
property adjacent to the walkway. This may have occured but
has no bearing upon how the Town must deal with this matter.
Since the walkway is not on municipal lands the Town has no
jurisdiction or obligation to provide any services or
maintenance on it.
Respectfully submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
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