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HomeMy WebLinkAboutWD-34-80 V/ TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director' s Report to Public Works Committee. Item: WD-34-80. Date: March 3, 1980. Subject : Road Allowance between Lots 32 & 33, Concession 2, former Darlington. Background: The attached correspondence was referred by the Town Clerk for a report and recommendation to the Committee and is relevant to the closure of the subject road allowance. Report: At some time prior to 1917 the road on the west side of Lot 33, Concession 2 (Darlington) was constructed, presumably in lieu of the road allowance between Lots 32 & 33, Concession 2. In 1923, the Minister of Highways acquired the land, and/or road, and in 1942 disposed of same to the abutting owners. It would appear that extensive research has been conducted but this failed to establish that the former Township of Darlington at any time closed the road allowance in question, and there is no record of a by-law to that effect. Recommendation: WHEREAS no pr:i.or records indicate that the 'road allowance in Lots 32 & 33, Concession 2, former Darlington, as defined on Plan No. 1OR-1036, has been stopped up, it is therefore recommended that the necessary by-law be passed effecting the closure. e,r,,uu^a iii �s ,., CORPORATION OF THE TOWN OF NEWCASTLE 10 TFMP(-RANCF STRUT BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623.3379 I'ebruary 29 1980 Mr. Ronald I . W01-boy, B.A. , LL.B. P. 0. Box 21 153 Si.mcoe Street North Oshawa, Ontal'io L1H 7K8 Deax Sir: Re: Proposed subdivision - D. R. Agencies (Oshawa) Limited, Part of Lots 32 and 33, Concession 2, and road allowance between Lot 32 and 33, Concession 2, Geographic Township of Darlington, now Newcastle ThMIk you for your letter dated Pebruary 26 1980. Your letter has been referred to the Director of Public Works for a Report and recalmenditi.on to the Public Works Committee and Council. We shall advise you of action taken in due course. Yours v ry Lruly,, JMAI:not J se}'h M. 11tcIlroy, A.M.C.T. owrl Clerk cc: ll.irector of Public 1'lorks,,--'�,'/ Director of' Planning w b TELEPHONE (416)723-2288 1-fONALD T. �VORBO'Y", n,n.,r,r.,t3. Vttrriutrr, �,liril��r 4 P.O.BOX 21 153 SIMCOE STREET NORTH OSHAWA, ONTARIO UH 7K8 February 26th, 1980 . Corporation of the Town of Newcastle , 40 Temperance Street , Bowmanville , Ontario . Dear Sirs : Re . Proposed Subdivision - D. R. Agencies (Oshawa) Limited - Part of Lots 32 and 33 , Concession 2 , and road allowance between Lot 32 and 33 , Concession 2 , Geographic Township of Darlington, now Newcastle Please be advised that I am the solicitor for D. R. Agencies (Oshawa) Limited . As you are aware , a re-zoning application has been submitted to the Town of Newcastle for the above described property . The proposed subdivision has received draft plan approval and has been endorsed by the Minister of Housing . The writer is in the process. of completing the Land Titles Application and it appears that even though my client has acquired good title to the road allowance between Lots 32 and 33 , Concession 2 , Geographic Township of Darlington, there are no. public records which definitely indicate the road allowance has been stopped up . I draw to your attention that since His Majesty the King purchased the real property pursuant to instrument number 13305 , registered August 16 , 1923 , it was the understanding of His Majesty the King represented by the Minister of Public Works and Highways , now the Minister of Highways , that the Minister of Highways owned the road allowance . The Minister of Highways subsequently sold the real property including the road allowance to Steve H . Heney and Maria H . Heney on May 13 , 1942 . The real property was subsequently sold to Gerrard A. LaHaye and Ann LaHaye and my client purchased same from Ann LaHayp. La.y- -iris rument number 70014 on December 16 , 1974 . . . . . . 2 t i 2 It is the submission of the Department of Highways and the writer that my client does own the road allowance . In view of data submitted to the Land Titles office by the writer , the Land Titles Office for the Province of Ontario accepts the ownership of the road allowance by D. R. Agencies (Oshawa) Limited but still desires that the road allowance be stopped up. I stress that they do not require a conveyance . In our efforts to ascertain if the road allowance has been stopped up, the writer and his client attended the archives for the Province of Ontario and read the council minutes for the Township of Darlington from approximately 1897 to 1939 and I advise that there is no record in the minutes as to the road allowance being stopped up. I further searched in the Registry Office in Bowmanville , Ontario and even though the road allowance south of Highway #2 . has been stopped up at various places , there is no public record of the road allowance north of Highway #2 being stopped up. I further attended the Ministry of Highways and the Ministry of Iliqhways further did research with the Ministry of Natural Resources and the followinq was ascertained : 1 . The municipal survey in 1866 confirmed the existence of the road allowance and its position on the ground was established by cut stone monuments on all four corners ; 2 . At some time between 1866 and 1917 a road was constructed within Lot 33 on the west side of the lot and it is presumed that this was constructed in lieu of the road allowance between Lots 32 and 33 , Concession 2 , which was unsuitable for road; 3 . As early as 1-819 , historical records indicate that the magistrates of quarter-session courts for the District of Newcastle laid out a road on the west side of Lot 33 from the lake to the main road in the rear of Concession 1 . This new road between Lots 33 and 34 was intended to replace the road between Lots 32 and 33 . However , even in 1866 , the date that the municipal survey of Lots 25 to 35 , Concession 2 was made 5y C . G . Hanning , PLS , the existence of the road allowance between Lots 32 and 33 , Concession 2 is confirmed . 4 . In 1917 , the Minister of Highways registered a preliminary route plan of the provincial highway in the County of Durham. This plan shows existing roads . . . . . . . . . . 3 3 in the area and a road is not shown running north of the Toronto to I<inciston Road between Lots 32 and 330 and yet a road is shown south of the Toronto to Kingston Road between Lots .32 and 33 . The road allowance is now shown on the west side of Lot 33 , Concession 2 , runnincl north of the Toronto to Kingston Road . 5 . Again, July 20 , 1923 , a land plan number 1444 was deposited . It does not indicate that there is a road allowance north of the Toronto to Kingston Road but again , -there is a road shown running south of the Toronto to Kingston Road . 6 . On July 25 , 1923 , the Minister of Highways acquired land shown on said Plan 1444 by instrument number 13305 and the fences and existing limits of the Edmondson (vendor) were used to establish the property limits and include the road allowance between Lots 32' and 33 . In other words , the easterly boundary of the subject property was a fence . The writer has confirmed by declaration with Maria H. Heney who owned the subject property and purchased same from the Minister of Highways in 1942 , that this is the same fence as always that formed the easterly boundary and you will note pursuant to the survey drawn by Horton and Wallace, OLS in Whitby , Ontario which survey was done for the expressed purpose of the application , the fence is actually located within Lot 32 , Concession 2 , and encloses a narrow strip of land in Lot 32 , Concession 2 . A Mary E . Phair was the owner of the paper title to Lot 32 , and fully acknowledges that she did not own west of the fence or have an interest in the real property west of the fence . In view of the fact that the Minister of Highways owned subject land as of 1923 , and legal descriptions of subject lands since 1942 , would confirm that the road allowance has not been considered as a separate piece of land but has been dealt with as closed and owned by the various sequence of owners . Again , in 1949 , P-1680-8 land plan confirms the new road allowance and shows stone monuments on the west limit of Given Road on the west boundary of Lot 33 . Accordingly, I am writing to request that the council for the P,Iunicipality of Newcastle stop up the road allowance between Lots 32 and 33 , Concession 2 , Geographic Township' of Darlington to confirm that the road allowance is actually stopped up and accordingly permit the Application to Land Titles of the subject property to proceed . . . . . . . . . . . 4 In the writer ' s estimation and the estimation of my client, research supports the fact that the road allowancd'• has already beeii stopped up but the lack of Darlington records prior to 1897 and between 1939 and 1960 make it impossible to conclude that the road allowance has been stopped up. Would you kindly indicate when a submission could be made further to this letter as to the stopping up of the road allowance . Further , I understand that the re-zoning application was submitted on August 3 , 1979 and Mr. Roy would appreciate that same be concluded at your earliest convenience. Within the next week, I shall forward draft subdivision agreement . The following enclosures are made to substantiate the road allowance situation : 1 . Copy of hydro survey showing real property purchased from T. E . Edmondson (no reference what.soovor to road allowance) 2 . copy of Plan 1OR-1036 (applicant has established ownership to Part 4 and 5 , Plan 1OR-1036) ; 3 . Print of Plan A-6-1 being a preliminary route of plan of Provincial Highway in the County of Durham, dated July 24th , 1917 (only Given Road along west of lot 33 is shown and no road allowance is shown between Lots 32 and 33 , Concession 2 north of the Toronto to Kingston Road (Highway Jf2) ) ; 4 . Preliminary route plan of provincial highway in the County of Durham (note Given Road but again no reference to road allowance north of Toronto to Kingston Road between Lots 33 and 32) ; 5 . Plan of Department of Public Highways - January 31st , 1929 - Again no reference to road allowance north of Highway #2 ; 6 . Department of Highways P-1680 '8 dated August 6 , 1949 (no reference shown to road allowance between Lots 32 and 33 , Concession 2) ; . . . . . . . . . . 5 J - I trust you will find the foregoing satisfactory , and I remain , Yours very truly, ko/ RONALD F. WORBOY RFW/nvs Encl .