HomeMy WebLinkAboutCD-8-82 CORPORATION OF THE TOWN OF NEWCASTLE
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OFFICE OF THE TOWN CLERK
' 40 TEMPERANCE STREET TELEPHONE 623-3379
, s BOWMAN ILLE, ONTARIO
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF
JANUARY 25, 1982
CLERK'S REPORT CD-8-82
SUBJECT: CONVEYANCE OF A CLOSED ROAD ALLOWANCE BETWEEN
LOTS 24 AND 25, CONCESSION 4, FORMER TOWNSHIP
OF CLARKE TO MR. DONALD C. EVANS
OUR FILE: 77.44. 116
RECOMMENDATION:
For the consideration of the General Purpose and
Administration Committee
BACKGROUND:
On September 16, 1981, Mr. W. Kay Lycett, Solicitor for Mr. William Colville
Evans, wrote requesting that the Town of Newcastle execute a deed conveying part
of a closed road allowance between Lots 24 and 25, Concession 4, of the former
Township of Clarke, to his client, Mr. Evans. In support of the request, he
enclosed copies of correspondence from the Clerk of Clarke Township to E. R.
Lovekin, dated October 25, 1967 and from E.R. Lovekin to Colville Evans dated
June 12, 1969. Briefly, these letters dealt with Mr. Evans entitlement to one
half of the closed road allowance abutting his property. (33' x 165' ) Mr. Lycett
was advised that the documents would be referred to the Public Works Department
and if found to be in order the documents would be executed.
The Public Works Department reviewed the documents and reported that they could
not confirm entitlement to the land as there was no documentation which indicated
that the intention was to do more than stop up and close the road allowance.
None of the subsequent documentation added significantly to the facts. Indeed
there was a noteable absence of documentation attesting to the fact that the
lands were to be conveyed. There were documents and commentary alluding to the
fact that the property had been, or ought to be conveyed. However, the act of
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conveyance, or a directive authorizing a conveyance was never undertaken.
Continued V /2
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CLERK' S REPORT CD-8-82 - 2 - JANUARY 25, 1982
During the intervening weeks , this office communicated its concerns to Mr. Lycett
and finally on January 8, 1982, advised him that we could not comply with his request,
but would deal with it as an application to convey Town owned land in accordance
with Town policy. Accordingly, Mr. Lycett was asked to forward a $500.00 deposit
following which the Public Works Department would review the request and prepare a
report for the General Purpose and Administration Committee's consideration.
COMMENT:
In the absence of any formal documentation authorizing the conveyance of the
subject parcel , staff are unable to make a recommendation to the Committee with
respect to Mr. Lycett's request. However, if the Committee is satisfied that the
intent throughout was to convey the parcel to Mr. Evans without cost, it would be
appropriate to pass the following Resolution:-
"WHEREAS it was not the practice in the former Township of Clarke
to stop up and close an unopened road allowance unless it was to
be conveyed;
AND WHEREAS certain documents submitted in support of the subject
application support this hypothesis;
AND WHEREAS the practice has been confirmed by
the former Reeve of the former Township of Clarke, Mr. J.W. Stone
and former Township of Clarke, Councillor Woodyard;
BE IT RESOLVED that the Mayor and Clerk be authorized to execute
a deed in favour of Mr. Donald C. Evans, conveying to him the
northerly 165 feet of the westerly half of the unopened road
allowance between Lots 24 and 25, Concession 4 of the former
Township of Clarke, now legally closed;
BE IT FURTHER RESOLVED that the balance of the said closed road
allowance be appraised and offered to the other abutting property
owners in accordance with Town policy; and to facilitate the process,
that a reference plan be acquired and the costs associated with the
preparation of the reference plan be charged to the Reserve Fund -
Sale of Road Allowances Account 5001-003-006. "
Respectfully submitted
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David W. Oakes , A.M.C.T.
Town Clerk.
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cc: D. Smith, Chief Administrative Officer
Public Works Department
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