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HomeMy WebLinkAboutWD-128-80 TOWN OF NEWCASTLE PUBLIC WORKS DEPARU= Director's Report to Public Works Committee of September 30, 1980. ITEM: WD-128-80. DATE: September 22, 1980. SUBJECT: Unclaimed Road - Hamlet of Tyrone. BACKGROUND: In August, 1980, correspondence was received from Mr. Merrill D. Brown, Ontario Land Surveyor, requested a letter from the MLmicip- ality stating that the Town had no interest in, nor claim to, a strip of land in Tyrone, which is used for access to various properties. It would appear that, in the mid - 1800s, a Mr. William Clemens owned and subdivided most of the Hamlet of Tyrone and it was his intention to have the lands in question (shown. as Parts 2 & 3, of Plan 1OR-1174, attached) used as a roadway. To many of the residents in the immediate vicinity of the land, is has always been consid- ered to be a roadway and has been comonnly referred to as "Silver Street". REPORT: From extensive research at the Registry Office there is no evidence, from 1860 to the present day, that the lands were ever dedicated or transferred to the Mmi_cipality, nor has the M.micipality ever main- tained or spent public money on the subject lands. Together with Staff from the Planning Department a review of the Development Plan for the Hamlet of Tyrone was undertaken and it is felt that, even if the lands under discussion were to be used as a roadway, they would be of little use for future development due to the width (approximately 40 ftt) . , and also the extensive encroachment of a house onto same. Section 3.6.2. , Subsection 1 of the proposed Development Plan for the Hamlet of Tyrone states: "No new lots shall be created except. . . . . . . and no new road shall intersect any existing road which is less that 66 feet in width". WD-128-80 (2) . RECO114MATION: THAT, due to the large encroachment of a property on the subject land, and in accordance with the proposed Development Plan for the Hamlet of Tyrone, the Town of Newcastle grant a letter to Mr. Mearrill D. Brown, Ontario Land Surveyor, stating that this Mz cipality has no interest or Title to the lands situated in Part of Lot 9, Concession 7, former Township of Darlington, more particularly described as Parts 2 & 3 of Plan 1OR-1174. M. D. BROWN. P.ENC.. O.L.S. 416-623-7251 1AEJJ)%RIL1 L D. BROWN LIMITED Y and ZutuF-yin9 and En.9fna:F-tin9 121 OUEEN STREET BOWMANVILLE. ONTARIO L1C 1M7 19 August 29, 1980® Mr. John Ferguson, jg) r {� `� Deputy Director of Public Works, Town of Newcastle, Municipal Offices. HAMPTON, Ontario. SP j 19080 SUlLDff;�'; DEPART�,IEE U TDWN Q�r NEVICASTUE RE: Unclaimed Land Pt. of Lot 9, Conc© 7, Hamlet of Tyrone. Dear Sir: I have recently completed a survey of lands approximately' 350 feet West of Byam°s General store on the North side of Regional Road # 14 in the Hamlet of Tyrone and have discovered through an extensive search of the Land Registry Office records, that a strip of land approximately 40 feet wide between the Johnson Property and the Heming Property does not appear to be incorporated into an existing deed. Our search reveals that this strip was left un- conveyed by one William Clemens who sold most of the parcels now comprising the present "Village lots" in Tyrone. Although it may have been the- intention of the late William Clemens to retain this strip for access or road, no record of transfer to the Municipality can be found. It would appear that this strip of land has been used exclusively by the adjacent owners for many years and no evidence of maintenance by the Municipality is evident. The adjacent owners, through their solicitors, are planning to claim this land as appurtenant to their properties. Miss Helen Terry, solicitor for Mr. Johnston, has requested me to obtain a -letter from the Municipality to the effect that they have no interest or title in the subject lands. (See Parts 2 and 3 , Plan 10 R 1174). As I presume that this matter will be brought to the attention of a future Committee of Works meeting, I would be pleased to attend and/or supply Registry Office information to the Committee or the Town Solicitor so that this matter may be resolved. Yours ruly, Mo o Brown, MDB/mob Ontar io- Land Surveyor. c.c. Miss Helen Terry Solicitor. I AN U rERIAL ET-RIC: MEASUREMENTSSHOWN CAN THIS FLAN rpLAsTIC MATERIAL - M3'LAR ARC'IN METRES AND MAY RE CONVERTED TO GAUGE - 0.003 INCH FEET RY DIVIDING BY 0.3048 PROCEW - *PHo70GRAP a� tW - SPECIAL°T° °.iii- 90.73 INST.17916 69.99 Inst.98648 a set (N WE INSC N39982) (w 77034'8O*E RVSr98648) 0 �. nos) H71*44'E mew.ora&ard Fomc 28.24 0° WIRE PEACE 6.T7 6.771 aLD POST AIM PLSV9 (flab) . M Wit. 0 oc;t 27 13.28MT.N399828SET �l m �2) Q) rj c �F 1 v7 aL - w Qi Co LINK FENCE INS 1. 0 tt r aD — W O FART 1 �� <` HL 3 o° N 2 CL to o Q. 2 E � r� J FRAME � a m 11 �- p 1.1E GARAGE ( $ L7�d E— I �V2 STY. op co V INSUL - BRICK 0) JNWL - DWELL,FdG . C I c= r 4� tD -----1 Q to PL. PL.ssr® z a 15.90 a 6.78 6.78 _ rL nCS Fd.0 11067 N71049.'30'E 29.46 N7104 (H740E WST.t/39982) (1"1710484( �—'-- 110.64 Inst.N399i 14U��/ ��LLU1✓✓,'�,�rC 3L-;�'✓✓L-L°V° v�lrV°vL"JJIU1�°J NOTE:Farts 2 and 3 comprise lands unconveyed by Wm.Clemens between Inst.N21874(reg'd.1862)and Inst N91877(regd.1856). Remainder of lands in Inst N91661(reg'd.1852)devisedby will to Wesley Rosevear Clemens by Inst N°3457(reg'd.1879). E;zecufors of W R.Clemens estate omit lands in Ports 2 and 3 frrram description in InstN213553(1stly).Although reputed to be a Public Lone or'Silver Street, Na evidence of Municipal int'-rest was f-crud in Registry Office records. -