HomeMy WebLinkAboutWD-47-84CORPORATION OF THE TOWN OF NEWCASTLE
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 MAY 7, 1984.
REPORT NO.: WD -47 -84
SUBJECT: ONE -FOOT RESERVES
SUCEE SUBDIVISION
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and,
2. That a by -law be passed authorizing the Mayor and
Clerk to execute on behalf of the Town, quit claim
deeds or any other documentation necessary for the
removal of the one -foot reserves on Darlington Street
and Tanglewood Court in the Sucee Subdivision, as
required for each lot being sold; and,
3. That Mr. Sucee and his lawyer be advised that in the
offers of purchase and sale for Lots 5, 6, 7, 8, 9,
and 10, in the Sucee Subdivision and subsequent
finalization of the transactions, appropriate
transfers of the one -foot Town -owned reserves should
be prepared for execution by the Town.
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REPORT NO. WD -47 -84
REPORT:
The attached plan illustrates a situation which exists in
the Sucee Subdivision in Burketon. Lots 5, 6, 7, 8, 9, and
10, are created through the Sucee plan of subdivision.
Tanglewood Court and Darlington Street are dedicated as road
allowance through registration of the plan. Blocks 14, 15,
16, 17, 18, 19, 20, and 21, are reserves in the name of the
Town of Newcastle. Until completion of Tanglewood Court and
Darlington Street, and their acceptance by the Town, they
remain as unassumed roads which creates a problem. As
individual lots are being purchased, the lawyers are finding
a one -foot strip of land owned by the Town between their
client's lots and the road allowance. Thus, their client's
lots are land locked and in many cases mortgage companies
will not advance funds.
The reserves were put in place to ensure that all conditions
of the subdivision agreement would be satisfied prior to
sale of lots and erection of buildings. This assumed that
all of the works, i.e., the street, etc., would be in place
and accepted by the Town prior to the sale of lots.
Unfortunately, for reasons of cash flow, the developer finds
it necessary to sell lots prior to acceptance of the road as
a "public" road.
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Page 3
REPORT NO. WD -47 -84
To take this fact into account, it is felt that the best
method of dealing with the problem is for the Town to quit
claim the reserves to the lot purchaser at the time the
transaction is being processed. Such quit claim will not
take place until Town departments are confident that the
subdivision agreement is being satisfactorily addressed. To
avoid the necessity of a report such as this each time a lot
is sold, it is being recommended that authorization be given
to the appropriate municipal officials to process the
necessary documents, as required.
It is expected that preparation of legal documents and their
registration will be the responsibility of the developer's
lawyer.
Respectfully submitted,
V
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:jco
April 27, 1984.
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