The URL can be used to link to this page

Home My WebLink AboutWD-1-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of January 20, 1981. ITEM: WD-1-81. DATE: January 5, 1981. SUBJECT: Unclaimed Road - Hamlet of Tyrone. Resolution 11 W-249-80 (September 30, 1980) . BACKGROUND: Report WD-128-80 (September 22, 1980) was endorsed by the Public Works Committee, by Resolution # W-249-80, as follows: "THAT the ucommendation in Repotut 128-80 be endorsed and, due to the Zange encAoachment o4 a pkopekty on the subject .land, and in accokdance with the ptko poZ ed Devet o pment Ptan 4on the Hamlet o4 Tyune, the Town o4 Newc"tte grant a tenet to Mn. McAA i t D. Shown, 0►titan i.o Lund Sunveyo&, stating that this Muni.cipatity has no interest on T.1 tee to the hand, situated in Pa,Lt o4 Lot 9, Concession 7, 4mmet Township of Dan?,ington, mane paA ,i,cutajr.2y desembed ass Pants 2 8 3 o� Ptan l OR-1174". Some concern had been expressed, by members of the Public Works.. Committee, that the lend in question may be part of the access and right of way to the Tyrone Community Centre; this assumption, however, is incorrect. REPORT: It would appear that there can now be no further reason to not implement the terms of Resolution # W-249-80; however, this was not included in the relevant Report to Council and, therefore, requires further endorsement. All prior reports and documentation are attached for reference. RECOMMENDATION: THAT Resolution # W-249-80 be recommended to Council and that the Town grant to Mr. Merrill D. Brown a letter stating that this Municipality has no interest in, nor Title to, the lands t � situated in Part of Lot 9, Concession 7, former Township of K l'f Darlington, more particularly described as Parts 2 & 3 of Plan 1OR-1174. 1 Hovod by Con. Holliday, seconded by Con Prout Street THAT Report WD- .1.21--80 be referred to the � for - Lighting � t3 forwarding to tire. Petitioners Clerk forte Mitchell'', t t{ tanners for their further direction Corners advise them of Town Po11cy regnrding the instollntton of street lighting. "CARRIED'' ReM;o.lution //W-249-Ho Noved by Con. Clarke, seconded by Con. Prout THAT the recommendation in Report 128-80 be endorsed and, due to the large encroachment of a property on the subject land , and in accordance with the proposed Dr.ve.lopment Plan for the Hamlet of Tyrone, the Town of Hamlet. of Works Conualt t ,cr - f _ SvP teeth<'r 30, 1980 Newcastle grant a letter to Mr. Merrill D. Unclaimed Road Ontario Land Surveyor, Brown, stat{n Hamlet of has no interest or Title to thetlandst1 situated iinlity Tyrone Part of Lot 9, Concession 7, former Darlington, more particularly described nas h P of arid 3 of Plan 10K--117 +. Parts 2 Resolution AW--250-80 Moved by Con. Prout, seconded by Con. Holliday i THAT Report WD-129-80 be tabled for further information. I "CARRIED" Resolution /1W-251-80 ?loved by Con. Prout, seconded by Con, Holliday y � Summerfield THAT the Town rectify the situation of drainage at Court `3unnner.field Court, Bowmanvil.l.e, by i in It up and make an agreement P P g and cicleaning I, w{C17 the property owners for an easement. i i "LOST" Ilc'solution //W-252-80 Moved by Con. Holliday, seconded by Mayor Rickard TRAT Report WD-130-80 be tabled for further report "M the Director addressed to this resolution easOmancS r�_ �_3Yid C'31 F"-AA.- y;. t rc-� .r her , TGv-N OF NEWCASTLE PUBLIC WORKS DEPAR7] ' DE actor's Report to Public Works Carndttee of September 30, 1980. ITN: WD-128-80, DAZE: September 22, 1980. KIMECT: Unclaimed Road - Hamlet of Tyrone. BACKGROUND: In August, 1580, correspondence was received from Mr. Merrill D. Brown, Ontario Land Surveyor, requested a letter from the Municip- ality stati.r,; that the Town had no interest in, nor claim to, a strip of lanai in Tyrone, which is used for access to various properties. It: would. apps r that in the mid - 1800s, a Mr. William Clemens owned ar.d subdivided most of the Hamlet of Tyrone and it was his rltentica to have the lands in question (shorn as Parts 2 & 3, of Plan 10R-117,+, attached) used as a roadway. To many of the residents in the i.ranediate vicinity of the land, is has always been consid- ered to ''De a roadway and has been cmxxmly referred to as "Silver S txee t". REPORT: From ext>_nsive research at the Registry Office there is no evidence, from 186) to the present day, that the lands were ever dedicated or transfer-nad to the Municipality, nor has the Municipality ever main- tained or spent public money on the subject lands. Together with Staff from the Planning Department a review of the Developme-it Plan for the Hamlet of Tyrone was undertaken and it is f:!lt boat, even if the lands under discussion were to be used as a roa&ray, they would be of little use for future development due to the: width (approximately 40 ftt) . , and also the extensive encrC achmuant of a house onto same. SectiDn 3.5.2. , Subsection 1 of the proposed Development Plan for the H.9Imlet of 'Drone states: '°No new lots shall be created except. . . . . . . shall intersect any exist-' road and no new road ii width", which is less that 66 feet I I WD-128-80 (2) . RECOMMENDATION: 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. Merrill D. Brown, Ontario Land Surveyor, stating that this Municipality has no interest or Title to the lands situated in Pert of Lot 9, Concession 7, former Township of Darlington, more particularly described as Parts 2 & 3 of Plan 1OR-1174. i i i M, D, BROWN. P.ENG.. 0,L.S. 416.623-7251 M ` RILL D. BROWN LIMITED Istilve yin y wed &yin4:r_,an9 121 QUEEN STREET BOWMANVILLE. ONTARIO LIC 1M7 19 August 29, 1980, Mr. John Ferguson, Y11 I o A Deputy Director of Public Works, Town of Newcastle Municipal Offices, HAMPTON , Ontario. 15 i9 0 RE: Unclaimed Land Pt. of Lot 91 Conc. Hamlet of Tyrone. Dear Sir: I have recently completed a survey of lands approximately 350 feet West 0:11" 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 acce:7,s or load, 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/o: :supply Registry Office information to the Committee or the Town Solicitor so that this matter may be resolved. Yours V�- 1-1_11y MDB/mjb M. Brown, Ontario Land Surveyor. coc� Miss Helen Terry Solicitor. TIt taci-itoNum [V-- �f) Pic)(1 1 8.30-1195 To,4�01N[TN,0) 111111M - NVIII'MY-0811ANVA 683.1143 DAIMISTER, SOLIM'OH, NOTARY RONAM) A. RUBINOM B.A.. LL.P. V01,11mg lial, SIJrRII)AN MALL PICKERING, ONTARIO L1 1118 In reply refer to File No. P9982 December 11, 1980 Town of Newcastle, Municipal Offices, Hampton, Ontario Attention: Mr. Dunham Dear Sir: Re: Unclaimed Land Pt. Lot 9 , Conc. 7, Hamlet of Tyrone Further to my telephone conversation I am enclosing COPY of Merrill D. Brown' s letter of August 29th to Mr. Ferguson with respect to this matter. I would appreciate a reply as soon as this matter has been resolved. Thank you for your co-operation. You r!a very truly, / L V-A L RAR/vp RON LD A. RUBINOFF . I L Encl . F RECEIVE r, ' '" C, E, I i�DEC 23 1980 V� ToWN 0i - A GROWN, P.Et-jr- O L.S 416. ;S•7;"r i ME-PRII_,L D. BROWN! LIMITED Y(M-d <:S«7�,Ey«nq anerl CJJC)i7teF-'[b2g 121 QUEEN STREET HOWMANVII,LE ONN'TARIO LIC IM7 August 29 , 1980. 14r. John Ferguson, Deputy Director of Public Works, To�,ni of I owrcast-10, Mw'iicipal Office,-,, I-11J11'TON , tantario. RE: Unclaimed Land? Pt. of Lot 9, Conc. 7, Hamlet of Tyrone. Dear Sirs I have recently completed a survey of lands approximately 350 fleet West of Lyam' s General store on thy: North vide of Regional Road ;` 14 in the IlaiTftct of Tyrone and have discovered throu h an c1 tensive search of the Land Registry Office records, that ,a strip of land approximately 40 feet wide between the Johnson Property and the I-lcming Property does not appear to be incorporated into an existing deed. Our search reveals that this strip was left Lui- conveyed by one William Clemens who sold most of the parcels =%T comer isini; the present, "Village lots" in Tyrone, Although it u y have been the intention of the late Willi= Clemens to retain this strip for access or road, no recoN of transfer to the Municipality can bo :found. It would appear that this strip of land has boon uso( exclusively by the adjacent ojnero for many years and no evidence of maintenance by the Municipality is evident. The adjacent owners, through their solicitors, are nlannin- to claim this land as appurtenant to their properties„ Miss Ilelen Terry, solicitor for IV,. Johnston, has requested me to obtain a 1p�lop JJI from the 1.1unicipality to the offect that they have no interest or; title in the subject lands. ( See Parts 2 and 3 , Plan 10 R 1174) , As x pVosumo that this matter will be brought to the attention of a, V-tture Committee of %,'orks r.:ccting, I would be plea sccl to attend aftd16V RUpply Registry Office information to the C•o1i:;wCt• ,, or the ToM-i ;dal_vitor• so that this Mtcr may be resolved, C Your- vci•7-t- %ily, N. . Dro,.an, I�IDi3/mob Ontario Land Surveyor. Q. c. Melon Terry Solicitor.