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HomeMy WebLinkAboutWD-73-90 TOWN OF NEWCASTLE REPORT File # Res. # �x _ -�• By-Law # NESTING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JULY 23, 19 9 0 REPORT #: WD-73-90 FILE #: SIJUCT: CONVEYANCE OF LAND TO MR. WILLIAM A. HOOEY, STATION STREET, ORONO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-73-90 be received; 2 . THAT the Town quit claim, to Mr. William A. Hooey, the parcel of land identified as BCEF on Attachment No. 1 to Report WD-73-90, for a fee of $2 . 00 and that Mr. William A. Hooey quit claim to the Town, the parcel of land identified as ADCB on Attachment No. 1 to Report WD-73-90 for a fee of $2 .00, all as further described in the letter from Merrill Brown (Attachment No. 3) ; 3. THAT the Mayor and Clerk be authorized to execute all documents required to complete the transaction; 4 . THAT the Town Solicitor be directed to take all necessary actions to complete the transaction; and 5 . THAT Mr. A. Strike and Mr. William A. Hooey be advised of Council's decision and be provided with a copy of Report WD-73-90 . --------------------------------------------------------------------- . . .2 REPORT NO. : WD-73-90 PAGE 2 REPORT 1.0 ATTACHMENTS No. 1: Plan Showing the Property to be Quit Claimed No. 2: Correspondence Dated April 11, 1979 from J. Dunham to Merrill D. Brown. No. 3: Correspondence Dated July 19, 1990 from Merrill Brown to Don Bourne 2.0 BACKGROUND 2.1 At a regular meeting held on June 11, 1990, Council passed Resolution #C-419-90; "THAT the delegation of Mr. A. Strike be acknowledged and, accordingly, the matter be referred to the Director of Public Works for a report and recommendation as a conveyance of the forty foot strip of land to Mr. Hooey as surplus land at a nominal cost, i.e. , $2 .00. " 3.0 REVIEW AND COMMENTS 3.1 The right-of-way limits of Station Street are, in some cases not clearly defined. Correspondence dated April 11, 1979 (Attachment No. 2) indicates that Town Council made a decision in 1979 to acquire land to provide a 50 feet wide road allowance on Station Street. 3.2 In order to ensure that the Town retain sufficient land from the parcel of land described by Instrument 80753 (identified as ADCEFB on Attachment No. 1) to provide for a 50 feet wide road allowance and to meet the needs of Mr. William A. Hooey, a meeting was held in the field with Merrill Brown, O.S.L. , Don Bourne from Totten Sims Hubicki Associates and Mr. William A. Hooey. . . .3 i I REPORT NO. : WD-73-90 PAGE 3 3.3 The land required to provide for the 50 feet wide road allowance was identified in the field and it was agreed that Mr. Hooey would quit claim parcel ADCB (Attachment No. 1) to the town and the Town would quit claim parcel BCEF to Mr. Hooey. 4.0 RECOMMENDATIONS 4.1 It is recommended that the Town quit claim, to Mr. William A. Hooey, the parcel of land identified as BCEF on Attachment No. 1 to Report WD-73-90, for a fee of $2 .00 and that Mr. William A. Hooey quit claim to the Town, the parcel of land identified as ADCB on Attachment No. 1 to Report WD-73-90 for a fee of $2 . 00, all as further described in the letter from Merrill Brown (Attachment No. 3) . Respectfully submitted, Recommended for presentation to the Committee, ------------------------ 1 --==------------ - -`===----- Walter A. Evans, P.Eng. , ,Lawrence E. Kotseff, Director of Public Works Chief Administrative Officer WAE*kmd July 23, 1990 Attachments Mr. William A. Hooey R. R. #2 Orono, Ontario LOB 1M0 Mr. A. Strike 38 King Street West Bowmanville, Ontario L1C 1R3 BROWN a COGGAN LTD. SKETCH ILLUSTRATIN ,ONTARIO LAND SURVEYORS I DIVISION STREET , SUITE B BOWMANVILLE , ONTARIO PART OF LOT 28, CONCESSION.'5, LIC 2Z2 416.623-7251 FORMER VILLAGE OF ORONO STATION STREET NOW WITHIN THE LIMITS OF THE \ SCALE 1"=50' JULY 19, 1 990 Town of Newcastle \ REGIONAL MUNICIPALITY OF DURI-AM SCALE I inch = 50 feet qti r \ O 120. q(sO `. l 21 'yo n� `%d ,y LY`n •� y / tr � .. 1 Oar o l c•�c\ �/ J 00 C4 0 PAIR I f� m i m_ ro <e, �O 3 �` \ W d <� Qyi Z fn e LL, Z o I w Sr° Air<oti y< • I O '�? C1 1 n I i ' Q 1 lr �•'� 1\ 1 OR — 1 0 4 L uj S b 1 f j o rJ P A CONCESSION 5 AREA 1.91Rs}���. ,C `'�d/ ii 393.3 r 48 5.3 ° COBBLEDICIK STREET ATTACHi- E IT 'lQ' 1 I7 4 � CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT J.W.Dunham,Director HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231 Mr. Merrill D. Brown, Merrill D. Brown Limited, 121 Queen Street, BOWMANVILLE. Ontario. L1C 1M7. April 11, 1979. Dear Sir: Re: Station Street, Village of Orono, Town of Newcastle. At the April 3, 1979, Meeting of the Public Works Committee, relative to the realignment of Station Street, Orono, the foll- owing Resolution # W-71-79 was passed, and subsequently adopted by Council:- "THAT the delegation be acknowledged and the presentation be referred to Staff and be examined during Road Inspection, and Staff initiate acquisition of Station Street, in total,' to a width of 50 ft. where possible". It should be understood that the portion of Station Street in question is that between Highway 35/115 and Regional Road # 17. According to the above it is now in order to proceed with the acquisition of Station Street and, therefore, it would be much appreciated if you would prepare the necessary documentation required for the Municipality to complete this acquisition. Thanking you for your prompt attention to this matter. Yours truly, J. Dunham. WD-7-3-90 cc: 2 Director. D-7- 90 cc: G. Gray. L�L J.M. McIlroy. JD:vh BROWN & l_.OGGAN LTD. ONTARIO LAND SURVEYOR-, YLEt:-.E REPLY TO: PLEASE REPLY TO: ❑ M. D. BROWN, P.ENG., O.L.S. o�pNTARto, G. DOUGLAS COGGAN, O.L.S. 1 DIVISION ST.,SUITE'B' 187 KING ST.,EAST BOWMANVILLE,ONT.,L1C 2Z2 ° OSHAWA,ONT.,L1H IC2 (416)623-7251 u < (416)579-7280 O Y b C� MEMBER Totten Sims Hubic}; : Assr_c; &41 Consulting Engineer-., 1A King Street East, COBOURG, Ontario . K9A 4L1 O� Attention : L . R . Bourne Projects Manacer Re : William Hooey Property North side f Station Street - Orono Town of 'Nev;castle Dear Sir; Further to our recent attendance on the site to review the existing conditions, I wish to report that I have further researched my files for additional information . To assist in illustrating various points, I enclose herewith various copies of plans of survey, sketches and correspondence, including a letter dated February 8, 1990, directed to the Director of Public Works from Strike, Salmers & Furlong, Barristers & Solicitors, which has obviously precipitated your retention as Consultants to the Municipality on this specific matter . It is noteworthy to emphasize the history of "Station Street" indicated in Mr . Strike ' s letter, i . e . that the "Street" results from the Municipality constructing a road within the abandoned Canadian Northern Ontario Railway right-of-way, supposedly within the 40 foot width strip of land conveyed (but obviously mis-described ) to the former Township of Clarke by Inst . No . 15038, in March of 1945 . Although the attached sketch ( Schedule "C" ) illustrates this strip as a Road Diversion, there is no additional documentary evidence in the records of the Registry Office to indicate the designation of this strip as a public road or its present name as "Station Street" . As the Schedule "C" sketch clearly illustrates, the theoretical position of this 40 foot strip is related to the "centre line of the ( old ) railway right-of-way", being radially distant northerly 50 feet and 75 feet therefrom for the two portions of the "road diversion" between Main & Church and Church & Cobbledick respectively. As a visit to the site will reveal , there is no jog in the existing pavement of the travelled street now known as Station Street where it crosses Princess Street . Therefore , the "Street" as now established simply has not been constructed within the limits of the 40 foot strip described in Inst . No . 15038, in the proximity of the Hooey property, but considerably farther south as indicated Gil the enclosed sketch ( Schedule "B" ) . ATTACH'i-IDT 110. ` . 1:00Q 4P The old survey s! goed by B . F . Grander , (j . �. . 3 . , (SrhedoI* x�\x ) wh o was then employed hy my suzveying oompanl, waa completed in 1974, prior to the 1� the centze line of the Railway right-ot by PIau 54 . It is this plan from which the �escziptioos � // �otb i)�� Hoce� deed uuU the Miller deed aze ���w. �uz fi �] d :otsc io�ica�e that th� "existing 0orthezll ctatic�n Street " was established b , setting the £zontags n± the Cwo parcelo 20 feet the plan width of tbe "ot,zeet, by Inst . 0o . 15030 = 40 fsct ) onztb of the existing centre line, of pavement . Cnperimposiug the Hooey and Miller propertie-s on our sketch ( Schedule «B" ) would now suggest that perhaps as much as the south 12 to 11 feet of the Hooey parcel may now contain Station Street amenities, i . e . , Hydro poles , Bell Canada �Iant/ etc . . RECOMMENDATION It is suggested that a new two-part Reference Plan of survey be prepared , designating the front strip of lands described in Inst . 0n . 80753' as a part to be quit-claimed to the Municipality ( outlined in yellow on Schedule "8x ) . The remaining "part" , representing the remainder of the lands described in Inst . 0o . 80753/ over v/biob the Municipality has no posses-sion or occupation, can subsequently be "quit-claimed" to remove the cloud of paper title of the lands described in Inst . 0o . 15038, shaded in pink on Schedule xB" . This new line, representing the North limit of a fifty foot wide Station Street, is consistent with the line from existing iron bars shown to you and the Bnoel/s on July 5tb/ and the April lI, 1979 / letter by J . Dunham, enclosed as Schedule "Dx / acknowledging the Municipalities agreement to a 50 foot wide ( net ) street allowance . It is important to note that Station Street is not a Street created by a Plan of Subdivision . It is my position that the status of Station Street is different from Streets laid out by Registered Plans of Subdivision, i . e . , C . G . Hauniog / a Plan of Orono, nz Crown Road Allowances . Normally "ownership" of roads consists of two features, dedication (or title acquisition) AND assumption , Assumption can be documented by b�7-la* and/or occupation, often evidenced by use of public funds in road or street maintenance . Maul' of the travelled roads within the Municipality are travelled or " forced" roads to which no deed or document vesting paper title to the Municipality' can be f000d . I am sure the Municipality has established "ownership" of these roads through continued public use and maintenance . in the case of "Station Street" , we have a municipal deed to certain lands but the Municipality has not exercised their right of possession or use of the lands and therefore the best a\/ldeuoe of the true limits of Station Street must be determined from evidence no the ground . i . e . , occupational limits . Therefore, it is my contention that any lands contained within the deed limits of "Station Street" that are not occupied by the road or accompanying utilities, cannot be claimed to be "owned" by the Municipality and hence do not require a "stopping up or closing" by-law, appraisal or "sale", simply a quit-claim deed with no consideration, to clear up a paper title conflict and to permanently fix the North limit of Station Street with respect to the Hooey property. I would be pleased to further discuss the issues raised in this report with any of the parties concerned . Please advise if I can be of further assistance in this matter . Yours very truly, M. D. Brown . P . Eng . , Ontario Land Surveyor . MDB/* ebcls . c .c . Strike, Salmers & Furlong, Barristers & Solicitors . c. c . Mr . William A. Hooey, I I -Page 3-