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TOWN OF NEWCASTLE
REPORT File # l{� • %�
Res. #-
By -Law #
THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
JANUARY 6, 1986.
WD- 6 -86 FILE #:
CONVEYANCE OF TOWN -OWNED LANDS EAST OF DURHAM ROAD 57 AND SOUTH OF THE
C.P.R. TO MARY McEWEN.
RECOMMENDATIONS:
It is respectfully recommended:
1. That this report be received; and,
2. That Council reaffirm former Council resolution ##W- 147 -78 approved on
June 19, 1978 which stated: "That we accept the appraisal and dispose
of the land in question at the appraised value "; and
3. That staff be directed to take all necessary steps to arrange for
completion of the transaction; and,
4. That a payment plan which would allow phasing of the land value as
appraised plus costs over a three year period be a component of the
transaction; and
5. That an easement in favour of the Newcastle Hydro Electric Commission
be included in the transaction.
....2
Page 2
Report No. WD- 6 -86
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In September, 1977, the Town received a request from solicitors acting on
behalf of Mc Ewen for disposal of the subject lands to them. Such lands are
shown on the attached plans. After considerable discussion and deliberation
an appraisal was secured and a price agreed upon. Resolution W- 147 -78
confirmed the arrangements to be made. In short the lands were to be
conveyed to Mc Ewen for an amount $ 3200.00 plus costs. The attached letter
indicates the owner's concurrence with same. For certain reasons the
matter was never concluded and has remained in abeyance until now. Mrs. Mc
Ewen is now anxious to resolve the matter. From the Town's perspective,
circumstances have not changed and it would be appropriate to proceed with
the transaction.
Mrs. Mc Ewen's husband has since passed away and as indicated through her
solicitor is desirous of phasing payment of the costs involved over a three
year period. This is possible and maybe accommodated through methods such
as suggested by the solicitor. Staff, through the Town's solicitor can make
the necessary arrangements to ensure that the Town's interests are
protected.
Finally, through the earlier discussions it was determined that a Hydro line
traversed the lands in question and therefore that an easement would be
required to allow for construction and maintenance. Final arrangments will
have to take this into account.
Having considered the history of this matter it is recommended that the
Town proceed as suggested.
RGD:mev
December 24, 1985
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Corporation of the Town of Newcastle
40 Temperance Street
Bowrnanvi lie, Ontario L I C 3A6
Attention: Garnet B. Rickard, C.M.
Dear Sir:
October 30 , 1965
LeL Marg McEwen purchase of road allowance
r,
I am in receipt of a letter dated October 2, 1985 addressed to Mrs. Mary McEwen with
respect to her property at 2 Martin Road in Bowmanville.
My client is desirous of purchasing the propertg for the sum of $3200.00 which I
understand is its appraised value.
Mrs, McEwen would purchase the property from the Town on the following terms and
conditions: the sum of $1000.00 being paid in year one, the sum of $1000.00 being paid in year t1elo
and a sum of $1200,00 being paid in year three. I would request that a Transfer of the Property be
prepared to be delivered to Mrs. McEwen in return for a mortgage against the lands in favour of the Town
of Newcastle or such other form of security as the Town may require.
I would appreciate receiving your comments.
rjh
Yours very truly,
Carrot A. Dizenbach
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CAUTI(r, 1111S PLAN IS PREPARED FROM REGISTRY OFFICE
°��� OFFICE RECORDS ONLY AND IS NOT TO BE
.�;14STRUED AS A PLAN OF SURVEY
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To the Corporation of the Town of Newcastle
Public Works Department,
October 24th 1978.
Hampton, Ontario.
Attention; Mr. J. Dunham
Director
Re• Old Hi hwa -No. 2- Mr. and Mrs. J. L. McEwen
Dear Sirs;
This serves to specifically confirm our
agreement to purchase from the Town of Newcastle
lands (on the north
side)
the lands immediately abutting our own
located on the east side of Martin Road, just south
of Highway 3'r2 -the said lands being so purchased
being the subject matter of Public works committee
resolution #W- 147 -78 (approved by Council June 19th
1978) for the sum of $3200.00 provided that
such transaction duly closes within a reasonable period
of time and provided that the title currently held
by the said Town is good and marketable with
no qualifications respecting title, and no liens or
V4,�,w�L
lei encumbrances of any type. The lands shall be at least
Martin Road and at least 170 feet
of depth.
60 feet of frontage on
We further agree to pay the Town its urvey
"in
costs of $99.50 "and appraisal costs of $233.25
connection with this transaction plus the legal
costs in connection with the tranaction provided
same are reasonable.
�,/
Dated at Newcastle (Bowmanville) this�j ��rJday of October
1978.
J
�',;r h L. McEwen
N 0 V 1 1978
Mary Annette McEwen
TOWN OF NCVi' ', .