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Home My WebLink AboutWD-71-83F. 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 SEPTEMBER 6, 1983. REPORT NO.: WD -71 -83 SUBJECT: DEDICATION OF A PORTION OF LAKESHORE ROAD, PART LOT 16, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE, AS PUBLIC ROAD ALLOWANCE RECOMMENDATION: It is respectfully recommended: 1. That a by -law be passed dedicating Part 3, Plan 1OR -137, as public road allowance; and, 2. That the Town solicitor be instructed to register a Quit Claim Deed by Douglas M. Dixon for Part 3, Plan 1OR -137; and, 3. That the law firm of Beard, Winter, Gordon be advised of Council's actions in this matter. The attached correspondence explains the background to the matter of dedication of a portion of Lakeshore Road in Lot 16 of the Broken Front Concession of the former Township of Clarke, as road allowance. Basically, through the sale of a parcel of land it was found that the forced road allowance was still shown as belonging to the land owner since it had never been dedicated. This is not uncommon with forced f n Page 2 REPORT ® WD-71-83 road allowances and only in instances where dedication is specifically requested is the status of the road allowance formally established. Due to the fact that such road allowances have been used for countless years as roads, and public funds have been expended on their construction and maintenance, the original owners and their successors lose any right to the property by virtue of adverse possession. In this particular instance, through the sale of land, the solicitors wish to formalize the status of the road allowance. Accordingly, they are having their client issue a Quit Dlaim Deed to any interest they might have in the road and are requesting the Town to formally assume the road. It is, therefore, appropriate for the Town to follow through with this request. Respectfully submitted, .G. "Dupuis, P. Eng., Director of Public Works. RGD: jco August 16, 1983. Attachments BEARD, WINTER, GORDON BARRISTERS AND SOLICITORS DAVID L. D. BEARD, O.C. JOHN A. B. MACDONALD, O.C. JOHN A. OLAH J. PAUL WEARING PETER K. GUSELLE RICHARD I. R. WINTER, O.C. DONALD K. ROBINSON, O.0 JOHN C. F. HUNT THOMAS A. STEFANIK CAROLYN J. HORKINS COUNSEL: EDWARD A. SABOL, Q.C. Town of Newcastle Municipal Offices 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attn: Mr. Oakes Town Clerk Dear Sir: MICHAEL GORDON KENNETH J. BIALKOWSKI JOY MCGRATH LEILAH EDROOS RUI M. FERNANDES REFER TO FILE: 28 June 1983 200 UNIVERSITY AVENUE TORONTO, ONTARIO MSH 2K4 RE: Dixon sale to Holmes Part of Lot 16, Broken Front Concession, Township of Clarke Lakeshore Road, Newcastle We the solicitors for Douglas M. Dixon, the registered owner of the above - mentioned property, and the vendor herein. Our client owns the property between the Lakeshore Road and Lake Ontario, being the southern most portion of Lot 16, and comprising approximately 20 acres. We enclose a copy of a Sketch of the subject property, dated 18 July 1980, and prepared by Merrill D. Brown Limited. We also enclose a copy of Reference Plan 1OR -137, which shows the northerly portion of Lot 16. You wild note that the travelled road known as Lakeshore Road is shown as Part 3 on the reference plan. The deed to our client conveys all those lands in Lot 16 situated south of the northerly border of Part 3 of the reference plan. That is, our client is, at least on paper, the registered owner of the lands on which the road is situated. Obviously, since, as we are given to understand, the road has been used for over 150 years, our client and his predecessors would long ago have lost any right to the property, by reason of adverse possession. Nevertheless, since the lands upon which the road is situated have never been dedicated as a public highway, there is no indication in the Land Registry Office records that RIL TEL. HONE (416) 593 -5555 CABLE ADDRESS `DUCARTOR' L %► .:.'• i!.I"i ?; I :'i' =;i I TELEX 06 -23377 MICHAEL GORDON KENNETH J. BIALKOWSKI JOY MCGRATH LEILAH EDROOS RUI M. FERNANDES REFER TO FILE: 28 June 1983 200 UNIVERSITY AVENUE TORONTO, ONTARIO MSH 2K4 RE: Dixon sale to Holmes Part of Lot 16, Broken Front Concession, Township of Clarke Lakeshore Road, Newcastle We the solicitors for Douglas M. Dixon, the registered owner of the above - mentioned property, and the vendor herein. Our client owns the property between the Lakeshore Road and Lake Ontario, being the southern most portion of Lot 16, and comprising approximately 20 acres. We enclose a copy of a Sketch of the subject property, dated 18 July 1980, and prepared by Merrill D. Brown Limited. We also enclose a copy of Reference Plan 1OR -137, which shows the northerly portion of Lot 16. You wild note that the travelled road known as Lakeshore Road is shown as Part 3 on the reference plan. The deed to our client conveys all those lands in Lot 16 situated south of the northerly border of Part 3 of the reference plan. That is, our client is, at least on paper, the registered owner of the lands on which the road is situated. Obviously, since, as we are given to understand, the road has been used for over 150 years, our client and his predecessors would long ago have lost any right to the property, by reason of adverse possession. Nevertheless, since the lands upon which the road is situated have never been dedicated as a public highway, there is no indication in the Land Registry Office records that 28 June 1983 - 2 - ,cbi -:Yr-5 BEARD, WINTER, GORDON ownership of those lands rests with the Town of Newcastle. Our client has now entered into an Agreement of Purchase and Sale to sell the subject property. In order to reflect the true ownership situation, and in order to avoid any Planning Act problems, we should like to arrange to have our client execute a quit claim deed of Part 3 on Plan 1OR -137, in favour of The Town of Newcastle, after which time that portion of the road can be dedicated as a public highway. We should be very much obliged if you were to confirm with us that the Town would be agreeable to such an arrangement. We enclose a draft quit claim deed, as to which we should be pleased to receive your comments. Further, we should like to be able to demonstrate to the solicitors for the purchaser that our client and his predecessors in title have indeed lost any ownership rights to Part 3 on the reference plan, by reason of adverse possession, with the result that he cannot be considered to retain the fee with respect to land abutting the land conveyed. We should therefore be obliged if the Town were to provide us with a letter indicating that the road has been maintained by the Town, that all grading and plowing have been done, and information in a similar vein. Please contact your writer, should you wish to discuss this matter further. Thank you for your anticipated assistance in this matter. Yours very truly, BEARD, WINTER, GORDON Donald B. Willmer DBW /bs c.c. Messrs. Weatherhead and Weatherhead c.c. Messrs. Angus, Peace, Marshall CLE ;K..... I`7..0 ......: A.CK. BY:..... ........ i ORIGINAL. TO: C44. COPIES TO: �4 �D.q it t r. LOT 16 11l �0 j N l 0 t t T, . 1 I i BROKEN FRONT ,I J R PART 2 1 �I .i X14 tl L PART 7 °'•�� e� ..tlAtt11.,.11)1 REFERENCE PLAN OF PART OF LOT 16, BROKEN FRONT CONCESSION TOWNSHIP OF CLARKE COUNTY OF DURHAM SCALE ; I Inch - 200 feet M.O. BROWN O.L.S. 19T3 CONCESSION �spvEvats CERT Fl ATE BfN7 REFERENCE GVTION: n.R raw w wm R Km a wRO�+ww wTNM M WI d wort �. pgR,y, O SR-N L TE . ar y,.•..y .r uw•r RECEIVED AUG 1 2 1983 1 (0 BEARD, WINTER, GORDON BARRISTERS AND SOLICITORS DAVID L. D. BEARD, 0. C. RICHARD 1. R. WINTER, Q.C. MICHAEL GORDON JOHN A. B, MACDONALD, Q.C. DONALD K. ROBINSON, O.C. KENNETH J. BIALKOWSKI JOHN A. OLAH JOHN C. F. HUNT JOY MCGRATH J. PAUL WEARING THOMAS A. STEFANIK LEILAH EDROOS PETER K. GUSELLE CAROLYN J. HORKINS RUI M. FERNANDES DONALD B. WILLMER COUNSEL: EDWARD A.SABOL,Q.C. REFER TO FILE: 11829 -003 10 August 1983 Corporation of the Town of Newcastle Public Works Department Hampton, Ontario LOB 1JO Attention: R. G. Dupuis, P.Eng., Director of Public Works Dear Sirs: TELEPHONE (416) 593 -5555 CABLE ADDRESS �DUCARTOR4 TELEX 06-23377 Re: Dixon Sale to Holmes Part of Lot 16, B.F.C., former Township of Clarke Lakeshore Road, Newcastle 200 UNIVERSITY AVENUE TORONTO, ONTARIO MSH 2K4 Thank you very much for your letter of 13 July 1983. We have made the suggested amendment to the Quit Claim Deed, and have had the Deed executed by Mr. Dixon, in duplicate. We are taking this opportunity to enclose the two executed copies, although we suppose that you will not want to register the Quit Claim Deed until the Town Council has taken the appropriate actions. We are also taking this opportunity to enclose a draft Statutory Declaration, and three copies thereof. The contents are as discussed in our telephone conversation of 8 August 1983 and 10 August 1983. If you are in agreement with the contents of the Declaration, we should be very much obliged if you were to arrange to have the Declarations sworn before a Commissioner for taking oaths, and two copies returned to our office in order that they may be deposited in the Land Registry Office. The third copy is for your files. 10 August 1983 _ 2 - BEARD, WINTER, GORDON Thank you again for your much appreciated co- operation in this matter. Yours very truly, BEARD WINTER, GORDON Donald B. Willmer DBW :ss Enclosures cc: David B. Weatherhead, Esq. cc: Ms. Lauren Marshall, cc: David W. Oakes, Esq. cc: David J. D. Sims, Esq., Q.C. STATUTORY DECLARATION IN THE MATTER OF Part 3 according to a Reference Plan deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) as No. lOR -137, being Part of Lot 16, Broken Front Concession, in the former Township of Clarke; AND IN THE MATTER OF the use thereof as a public highway; I, RONALD GEORGE DUPUIS, of the City of Oshawa, in the Regional Municipality of Durham, solemnly declare as follows; 1. That I am the Director of Public Works for the Corporation of the Town of Newcastle, and, as such, have knowledge of the matters as to which I make this solemn declaration; 2. The lands designated as Part 3 according to a Reference Plan deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) as No. IOR -137 have, according to records, been used as a public highway over at least the past ten (10) years; 3. The Corporation of the Town of Newcastle, has expended public monies on the maintenance of the said lands, in the form of grading, treatment of the road surface for prevention of dust, roadside weed cutting, and snowplowing and removal, over at least the past ten (10) years. AND I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the Town ) of Newcastle, in the Regional ) Municipality of Durham, this ) day of August, 1983. ) j Qmn c �C A Co ssioner, . ',dariorie Edith Beat, a Commissioner, etc., Ju:ficl;a District of Durham, for The Corp:n•ation of the Town of Newcastle. Expires July 6, 1935. Ronald 4orgeDupui � &; r -) Dr. + Dvr�ow i 11w;"d T.—I., gonads ism No. 18-20 Quit Claim Deed. ��ts Jrt��enfvrre made in duplicate the 30th day of June; one thousand nine hundred and eighty-three, �3ettneen DOUGLAS M. DIXON, of the City of Toronto, in the Municipality of Metropolitan Toronto (hereinafter called the "Party ") - and - of the First Part THE CORPORATION OF THE TOWN OF NEWCASTLE, (hereinafter called the "Party ") of the Second Part Z M5e ttb that the said party of the first part for and in considera- tionof ------------------- TWO --------------------------------- ------------------------ ($2.00 ---- ----------- - - - - -- Dollars of lawful money of Canada, to him in hand paid by the said party of the second part, at or before the sealing and delivery of these presents (the receipt whereof is hereby by him acknowledged) has granted, released and quitted claim and by these presents Do e s Grant, Release and Ouit Vaim unto the said party of the second part , its successors and assigns for ever. All the estate, right, title, interest, claim and demand whatsoever both at law and in equity or otherwise howsoever and whether in possession or expectancy of him, the said party of the first part of, in, to, or out of All and Singular that certain parcel or tract of land and premises situate, lying and being, in the Town of Newcastle, in the Regional Municipality of Durham, and being composed ofpart of Lot 16, Broken Front Concession, in the former Township of Clarke, which part is designated as Part 3 on a reference plan deposited in the Land Registry Office for the Registry Division of Newcastle (No.10) as No. 1OR -137. 19 —Quit Chim Deed P. 2 _ D� L IN,f_ Sagetbtr Wtb the appurtenances thereunto belonging or appertaining TO HAVE and TO HOLD the aforesaid lands and premises with All and Singular the ap- purtenances thereto belonging or appertaining unto and to the use of the said part y of the second part , its successors and assigns forever, subject nevertheless to the reservations, limitations, provisoes and conditions expressed in the original Grant thereof from the Crown. In MItneg� Wbereaf rands and seals. -*igneb, bealtb anb Oelibcreb IN THE PRESENCE OF the said parties hereto have hereunto set their Douglas M. Dixon I Fnr v nder Land Tnk. AO A L U Kell it) AcN Dye • DURHAM CO. LIMITCD JVLI' m FORM N0. 611 PLANNING ACT AFFIDAVIT IN THE MATTER OF THE PLANNING ACT (as amended) ; AND IN THE MA17ER OFTHE TITLE TO Part of Lot 16, Broken Front Concession, Clarke; Deed. 7-0,l, AND IN THE MATTER OF A Quit Claim Dee d Nrrlpape. ��ar,e. THEREOF,FROM DOUGLAS M. DIXON TO THE CORPORATION OF THE TOWN OF NEWCASTLE, DATED July .r— 19 83 1, DOUGLAS M. DIXON, ofthe City of Toronto Municipality of Metropolitan Toronto in the MAKE OATH AND SAY AS FOLLOWS: I. I am the Grantor n^M„kma�e named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. ne nan n ni,.ollcnpr 2. A consent under section 29 of the Planning Act, as amended, in respect of the said Instrument is not required because Del— Iai I — anrl�ame Se..nn .n an, xpa)C cs�DZx�ttv�ca� �x i�akgcacdsc�ali»8xuv�'aak r ®viaas�idc3cttarttneanr�ubepv�cx �cectdx xh�c ��'QA�x�f �prvanc icgc mx t¢ p�oaevxxx�amXxmaiga mA �ne,¢ae�� xodaornelvx xdtk x�psa xa xrxroc i=d>Q:bUMbVg %J;MkaaE MCI inrb EV�g�coravxeo�d bx nsdnecnsasec Xdaalx suit$ the land in the said Instrument, or any use of or right therein, is being acquired by a municipality. SWORN before me at the City of Toronto, in the Municipality of Metropolitan Toronto, this I/ day of July, 19 83 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. Douglas . Dixon y 1 'Ol1 'Ill ♦VOI //V OwIYV{ YO/ Y+w DIIIIww Oi Y 61 C ro 6. c. 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