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 .
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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.
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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
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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,
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