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Home My WebLink AboutWD-53-81 TOWN OF NEWCASTLE PUBLIC WORKS ULIARfhlL'NT DlrucLur's RUPO rL to Public Works Committee of April 14, 1981. Item: WD-53-81. Date: April 2 , 1981 . Subject: Resolution 11 W-52--80 Closure and conveyance of the road allowance between Lots 4 & 5, Concession 4 , former Clarke. Recommendation: THAT, in the matter OF the closure and conveyance of the road allowance between Lots 4 & 5, Concession 4, former Township of Clarke, whereas not all of the affected abutting property owners are in agreement with Resolution # W-52-80, no further action be taken and , further, that Resolution 1l W-52-80 be rescinded . Reso.tution Y W-52-80 Pu.btic QUA Committee M(LItch 5, 1980 "THAT the kecommeadaAon in Report WO-35-80 be endmzed and, conditi.oriat upon .the AppLican,t coriCU&',ing wZth Town PoUcy Istative to the CWule and Conveyance o6 Road Attowances, a Re 6eAence P.tan and Legal' De sc,,,i,pti.on be obtained, 6of'f owing which aft abutting p.hope/tty otlnnm4s May be consulted Aega4dulg the pAoposed cicrsuAe and possible conveyance and, 6uA thvL (hat, eondRiona£ upon the majotZty o6 owners cOncuA ing with such CtOst to and conveyance, the Aoad atlowance in Lots 3 & 4, Conced,40n 4, 604)neh Townskip o6 C.lcAke, be closed and con- veyed and whereas an abu.ttin owneA may concur [(fiat the etos,ing but has no in.tenes.t in the acqu.i0tion o6 same, then that portion be closed but not conveyed". i The terms of rho foregoing Resolution were carried out, and the Reference Plan and Legal Description was acquired, at a cost of $2,045. 00 (Ito Thousand and Forty-Five Dollars) . The Plan showed that there were eight (8) Parts, of which four were owned by Individual familfes and two other abutting owners abutted two Parts each, making a total of ;-six parties to be contacted in regard to Resolution 11 W-52-80. , I i I it transpired that , of the six owners ni'Forted , three indirand their concurrence with the proposed closure and conveyance and the three others were against same. Two of the owners who objected to the proposed closure and conveyance did so on the grounds that, at some future time , they may wish to build a dwelling on their abutting property and would require the presently unmaintained road allowance for access purposes. It has been indicated to the abovementioned two owners that the road allowance would need to be constructed to Town Standards prior to the consideration of Access or Building Permits, but they are adamant in their opposition to the closure and conveyance. As this matter is, obviously, stalemated, and rather than expend any more funds on same, the wisest course would be that no further action be taken, and that the affected property owners be so addised. RRILL D. Bf-,',OWN LIMI-�D INVOICE LAND SUAVL YiN(-, AN() ENGINI Fl,'ING 121 QUEEN SI., 1-,�(JWMAI`I WILLE, ONT. 3739 No' A LIC IM7 ig 80 Works Department.. , 'tlt:N.1----,-------------,.------ Municipal Of Cic(is , -------------------- INTERrST OF 1% PER MONTH CHARGED ON OVIROUG ACCOUNTS RE: Road Allowance Between Lots 4 and 5 , Concession 1�, ( Clarke) Town of Newcastle. (Westheu,,;cr Road Closing) Registry Office Search & Fees Field Work — Nov. 6 , 7, ll , 13 17 , 1980. Mileage Iron Bars Calculations Preparation of ':)eCerence Plan )n Linen Deposit of Plan 10 R 1230 & Feas Copies of Plan 10 R 1230 Description RECEIVED TOTAL $2045.00 DEC :3 1980 L.!TO&N OF NEWC TL� .r'NG.. O.L.S. 416-623-72 51 MLR-RILL D. BROWN LIMITED Yand <S- itivEying and EnyinEF-,an 9 121 QUEEN STREET BOWMANVILLE, ONTARIO LIC 1M7 December 2 , 1980. Mr. Jack Dunham, Director of Public Works, Town of Newcastle, Municipal Offices, HAMPTON, Ontario. RE: Road Allowance Between Lots 4 & 5 , Conc. 4, ( Clarke ) Town of Newcastle. (Westheuser RoadClosing) Dear Sir: Further to your letter of November 25 , 1930, I wish to report that we have deposited the required plan as Plan 10 R 1230, seven copies of which are enclosed for your use. As discussions with Mr. Westheuser indicated that the McNamara' s might not take title CD to the Road Allowance when closed, an additional Part 7 was added to provide for the ;extension of the Robert Westheuser property to the West limit of the road allowance. However, the McNamara' s should have the first right of refusal on both parts 3 and 7. The suggested description for the Notice of Hisghway Closing is as follows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, Regional Municipality of Durham, Province of Ontario , and being composed of all of the original side line road allowance between Township Lots Four (4) and Five ( 5) in the Fourth Concession of the Geographic Township of Clarke , former County of Durham, more particularly designated as Parts One (1) , Two (2) , Three ( 3 ) , Four (4) , Five ( 5 ) , Six (6) , Seven ( 7) and Eight ( 8) , according to Plan 10 R 1230, deposited in the Land Registry Office for the Registry Division of Newcastle on November 27, 1980. As you will note from the Schedule , the total acreage of this road allowance is 11.019 acres, resulting from the excess depth over the standard 6600 feet for a Township Lot. I 'trust that you will I find the enclose(] statement of account reasonable considering the extensive amount, -1-' 1-ine throughout the length of the road allowance which had to be slashed out. Your q--v-ery--t;ru1 y, M (1). Broin-i . j b Ontario Land Surveyor. MD13/m ENCLS : TOWN OF NE'WCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee. Item: WD-35-80. Date: March 4, 1980. Subject: Road Allowance between Lots 3 & 4, Concession 4, former Township of Clarke. Background: The attached correspondence is requesting that the writer be allowed to purchase se all, or a portion of, the road allowance between Lots 3 & 4, Concession 4, former Clarke. Report: The road allowance is an original allowance for road, and the current status of same is 'unopened' . It -cannot be travelled due to overgrowth, and swamp areas; however, the road allowance has never been closed by by-law. A Legal Description and Reference Plan are necessary in order to determine the number of abutting property owners, and whether all, or parts of, the road allow- ance could be closed. Recommendation: THAT, conditional upon the Applicant concurring with Town Policy relative to the Closure and Conveyance of Road Allowances, a Reference Plan and Legal. Description be obtained, following which all abutting property owners may be consulted regarding the proposed closure and possible conveyance and, further, that conditional upon the majority of owners concurring with such closure and conveyance, it be recommended that the road allow- ance in Lots 3 & 4, Concession 4, former Township of Clarke, be closed and conveyed and, whereas an abutting owner may concur with the closing but has no interest in the acquisition of same, then that portion be closed but not conveyed. R.R. # 1. NEWTONVILLE Ontario February 7, 1980. LOA lio. Dear Mr. Dunham: Re: Road Allowance (unopened and untravelled) between Lots 3 & 4, Concession 4, former Clarke Approximately two and a half years ago I made a request to Council that I be allowed to buy all, or a portion of, the road allowance which abuts my property. At that time, I understand, there was no formal policy to govern these matters, and I was advised that I would be informed at a later date when a policy was established. I have never received any advice from the Town and am again asking that consideration be given to the convey- ance of the road allowance. It is completely impassable and the southern section is totally overgrown. I am also concerned that a neighbouring property owner, whose land does not adjoin the road allowance, has been cutting and removing wood from the area; he insists he has permission to do this, but it is a matter which I feel should be investigated. I understand that you will check into the status and condition of the road allowance and will report on the matter to the Public Works Committee. I would be very pleased to attend the next Meeting of the Committee, which I understand is on Tuesday, March 4, 1980. Thanking you in advance for your attention and assistance. Yours very truly, FED Ga�A l i �cle$�v i•o''9 'i r��a. el rvelK ;ff.'s. ;;•�• ��<<;�' _�.� rROAD ry�t 3 � A J o V ' BHILOH CHURCH ®TARKVILLQ tt A P� 4 t e, �o rC,A..( � ANc\�� X (p. � N � N.�Li lYW.uIN A:ISmk>t y 1 O CIn7 � o. I7� ^��4i•.NE Cti Afru / __v 'f'V��Vpf COlJ1FSf _./ r y ttN rnf xsrrsw.my y Now *S BAS WNN .• CC M7,,"A( 401 TAT I O N the \' `� \_- "i"•-J..-v_.•.�3:"54''1+.5 "-PAy/lC -.- •+— yr xAt Mt ♦�� _. •�s... �110• CENfl RP � 1 EI Ot NO C ._J AND W" N17LY MFACIt171(5 �//)�/°'°°°^'• �\ fR[E MAY A- �_. M-OtA 1 ��&& 1 51.Ii 1101 �� fNOV MlC1AL NpN7MAY RPCKtNAL ROAD M "M iP NY I • y SC AIC IN MrLI 5 ({{'. EeAJOR 771"x5, CDNV RVAi KIN y "1�•�4,«�.. 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