HomeMy WebLinkAboutWD-74-844
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PUBLIC WORKS DEPARTMENT
HAMPTON, ONTARIO
LOB 1JO
R. DUPUIS, P. ENG., DIRECTOR
TEL. (416) 263 -2231
987 -5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 17, 1984.
REPORT NO.: WD -74 -84
SUBJECT: CLOSURE AND CONVEYANCE OF A PORTION OF THE
UNOPENED ROAD ROAD ALLOWANCE LYING BETWEEN
LOTS 22 & 23 IN CONCESSION 10, OF THE FORMER �}
TOWNSHIP OF CLARKE, PARTS 1 & 2, PLAN 1OR1894. j
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and,
2. That the portion of the unopened road allowance lying
between Lots 22 & 23 in Concession 10 of the former
Township of Clarke, more particularly described as
Parts 1 & 2, Plan IOR1894, be closed by by -law and
conveyed to the abutting owners; and,
3. That as the subject road allowance would fall into the
category of one covered by Section 317 of the
Municipal Act, no value be placed on the said lands;
and,
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Page 2
REPORT NO. WD -74 -84
4. That staff be authorized to complete the procedure for
closure and conveyance of this road allowance in
accordance with Town Policy.
REPORT:
As part of the transaction for the sale of a property in Lot
23 of Concession 10, in the former Township of Clarke, it
was found that the house had been sited partially on the
owner's lot, and partially on the unopened road allowance
between Lots 22 & 23. Accordingly, g y, a request for closure
and conveyance was initiated.
There are two aspects of this particular closure and
conveyance which require further explanation. Firstly, the
entire road allowance in Concession 10 is not being closed
but only the southerly portion which is affected by the
applicant's property. Whereas we would normally require
that the entire road allowance be closed and disposed of,
the owners abutting the northerly section are not interested
in the matter and, closure of the southerly portion is
necessary to clear titles to the applicant's land. Thus, in
these circumstances, it is not unreasonable to close only
the southerly section.
Secondly, the matter of the value of the road allowance
appears to be treated differently than in past situations.
However, the applicant's lawyer has pointed out, that the
abutting owners are the successors in title to the original
owner of the lands of the site of the highway laid out (Hwy.
35) and opened in place of the original road allowance, and
would therefore, as a matter of statutory right, be entitled
to a conveyance of the original road allowance without
payment of any appraised price or value in pursuance of
Section 317 of the Municipal Act.
Page 3
REPORT NO. WD -74 -84
This position and relevant backup material has been provided
to the Town's solicitor who has verified that it is indeed
the case. It therefore becomes a case where the applicant
is legally entitled to conveyance of the original road
allowance for costs only.
The road allowance is of no value to the Town and is
required to allow the sale of the applicant's land. It is,
therefore, recommended that closure and conveyance proceed
in accordance with Town Policy but without payment of an
appraised price. All survey, legal, advertising and
administrative costs will, however, be paid by the
applicant.
Respectfully submitted,
6f/
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD: jco
PETITION
For the closure or closure and conveyance of the
Municipal Road Allowance or Right -of -Way located:
Xx/Between LOT(S) 22 & 23 In /Betwcxm CONCESSION(S) 10 in the (former)
Township of Clarke now in the Town of Newcastle.
4xW S_Y--------------------- If t/*_ b+ reen-- BHK- K*Y---------------- iir- ttn=- (rtarmer )
wn` �-Of ,=w- i1T-ttre--
T-own-of - Newe-a9t4e -, and more particularly described as
PART(S) 2 PLAN NO: 1OR -1894
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 29th day of August 1984 and signed by:
Owner in Title of Property Location Abutting Parts of Plan
Francis James Harvey and Part Lot 23, Part 3
Ruth Louise Harvey Conc. 10, Clarke,
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Francis ames arvey an
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ORIGINAL APPLICANT: Ruth Louise Harvey (Please print)
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