HomeMy WebLinkAboutWD-48-90 TOWN OF NEWCASTLE
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REPORT File #7,V, I /I--/-
Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JUNE 4, 1990
REPORT #: WD-48-90 FILE #:
SUBJECT: DEDICATION OF PUBLIC HIGHWAY
PART 2, PLAN 1OR-1724
LOT 19, CONCESSION 5 - FORMER DARLINGTON TOWNSHIP
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report WD-48-90 be received;
2 . THAT a By-law be passed to dedicate Part 2 of Plan 1OR-1724 as
Public Road Allowance and that the Mayor and Clerk be authorized
to execute said By-law; and
3 . THAT a copy of this report be forwarded to Mr. R. Paul McCormick.
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REPORT
1.0 ATTACHMENTS
No. l: Correspondence dated November 2, 1988 from Mr. R.
Paul McCormick
No.2 : Key Map
No. 3: Report WD-42-84
No.4: By-Law
2.0 BACKGROUND
2 . 1 Attached is a copy of a letter from Mr. R. Paul McCormick,
Barrister, (Attachment No. 1) requesting that the road widening
described as Part 2 of Plan 1OR-1724 be dedicated as public- road
allowance.
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REPORT NO. : WD-48-90 PAGE 2
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2 .2 The purpose of Mr. McCormick's request is to provide clear and
unobstructed access to his client's property.
2 .3 The subject property is located in the Hamlet of Hampton, north of
McCallum Street and on the west side of King Street (Attachment
No.2) .
2 .4 The purpose of this road widening was to rectify the existance of
the travelled road across privately owned land as described in
Report WD-42-84 (Attachment No. 3) .
2 .5 This road widening was acquired by the Town on December 21, 1983
by Instrument #119276 .
3.0 RECOMMENDATION
3 . 1 It is, therefore, recommended that the road widening being Part 2
of Plan 1OR-1724 be dedicated as public road allowance and that the
Mayor and Clerk be authorized to execute said by-law.
Respectfully submitted, Recommended for presentation
to the Committee,
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Walter A. Evans, P.Eng. , Lawre c IE. Kotseff,
Director of Public Works . Chief inistrative Officer.
JRM*WAE*llv
April 24, 1990
Attachments
cc: Mr. R. Paul McCormick
Scott & McCormick
Barristers and Solictors
1050 Simcoe Street North
Suite 109
Oshawa, Ontario
L1G 4W5
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JAMES A.SCOTT,B.A..LL.B.
SCOT gc MCCoRmick j
R.PAUL MCCORM ICK.B.A..(HONS.).LL B. BARRISTERS&SOLICITORS
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1050 SIMCOE ST. NORTH. SUITE 109 • OSHAWA. ONTARIO LIG 4W5 • TELEPHONE (416) 728-5069 OR 571-2001
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November 2, 1988
I
Our File No. 1/156/88
THE CORPORATION OF THE
TOWN OF NEWCASTLE
Public Works Department
40 Temperance Street
Rn,"TTP vi 1 l P Ontario
L1C 3A6
Dear Sir or Madam:
Re: FREEEBURN Sale to FITZGERAL.D
RR#1, Hampton
Further to our conversation with Jan O'Neal on October 25, 1988,
we request that a By-law be passed dedicating Part 2 on Plan 1OR-1724 as a Public
Highway we have enclosed a copy of 1OR-1724 for your convenience.
Yours very truly,
t
R. Paul McCormick
RPM:im
Enclosure
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PUBLIC WORKS DETAR I MENI
RECEIVED g ;
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ATTACHMENT 110. 1
LOT 19
CONCESSION 5 5.59m ROAD
WIDENING
PART I =_
IOR-1724
PART 2
EXISTING
HAMLET OF HAMPTON PAVEMENT
✓O��P�Y SUBJECT
SITE Y
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A NTON ROAD
WD-4$ —go '
KEY MAP ATTACHMENT NO. 2
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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263.2231
LOB 1J0
987-5039
REPORT TO T-iE GENERAL, PURPOSE AND ADMINISTRATION ODMMITTEE
MEETING OF APRIL 16, 1984.
REPORT NO. : WD-42-84
SUBJECT: ACQUISITION OF THE LANDS UPON MLIai
KING STREET IS SITUATE IN NOjMjWEST HAMP`ION.
RECOMMENDATION:
It is respectfully recomtlended:
1. That this report be received; and,
2. That the Town acquire title to Part 2, Plan 1OR1724
for the sum of $2.00, and pay costs for plan
preparation aryl legal fees of $950.00, associated with
same provided that the owners substantiate such
costs; and,
3. That the Mayor and Clerk be authorized to execute the
necessary documents to finalize the transaction.
. . . .2
ATTACHMENT N0,3
M-48-90
1030
Wage 2
REPORT NO. : WD-42-84
REPORT:
Through the purchase ar-d sale of Part 1, Plan lOR 1724, it
was found that the travelled road, King Street west of the
Hampton Mill Pord is located on lards which formed part of
the transaction. Part 2, Plan 1OR1724 is privately owned
but has the road located upon it. Solicitors for the
purchaser have contacted the Works Department towards
rectifying the situation, and have indicated costs of
$950.00. broken dawn as $450.00 for plan preparation and
$500.00 for legal fees. Provided that such costs can be
substantiated, it is in the Town's best interest to acquire
the lands in question, a parcel of about 1800 square feet.
The attached plan depicts the situation and shows the
travelled road as a heavy dark line.
Respectfull submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:jco
April 10, 1984.
Enclosure
1031
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90-
Being a by-law to dedicate certain lands as a public
highway in the Town of Newcastle, (Concession 5, Lot
19, Hamlet of Hampton)
BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION
OF THE TOWN OF NEWCASTLE BY THE COUNCIL THEREOF AS FOLLOWS:
The following land is hereby established as a Public Highway known as
King Street, in the Hamlet of Hampton, now in the Town of Newcastle.
The said land hereby established as a Public Highway is described as
follows:
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, located in part Lot 19, Concession 5, of the
former Township of Darlington, now within the limits
of the Town of Newcastle, Regional Municipality of
Durham, more particularly described as Part 2 on
Registered Reference Plan 1OR-1724, deposited in
the Land Registry Office of the Registry Division
of Newcastle (No.10) , on November 2, 1983.
BY-LAW read a first time this day of 1990.
BY-LAW read a second time this day of 1990.
BY-LAW read a third time and finally passed this day of 1990.
MAYOR
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CLERK
ATTACHPIENT NO.4