Loading...
HomeMy WebLinkAboutWD-12-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of January 20, 1981. ITEM: WD-12-81. DATE: January 12, 1981. SUBJECT: Part of Lots 30 & 31, Concession 9, and part of the Road Allowance between Lots 30 & 31, Concession 9, former Township of Darlington. BACKGROUND: The attached correspondence has been received and is requesting the conveyance of the subject road allowance. It is indicated that the road allowance was closed by By-Law 198 on March 3, 1866 but was never conveyed to the property owner. As a result it is now requested that By-Law 198 be registered and a Deed be prepared conveying the lands. REPORT: On the provision that a copy of By-Law 198 can be obtained, it could be registered; failing this it would be advisable to seek the comments of the Town Solicitor. RECOMMENDATION: 1. THAT, upon the acquisition of By-Law 198 dated March 3, 1866, the same be registered and the necessary Deed be prepared conveying the relevant portion of the road allowance and, further, that any associated costs be borne by the Applicant. 2. WHEREAS By-Law 198 may not be on record then comments from the Town Solicitor be obtained prior to a new by-law being submitted to Council for consideration. b JOSEPH P. MANGAN, 0. C. 1-4 KING STREET EAST TELEPHONES - OFFICE 72H-.232 C' Cvf RES. - 72S-3405 O STIAM-A, ONTARIO LIH IA9 January 8th, 1981. The Corporation of the Town of Newcastle Public Works Department HAMPTON, Ontario LOB 1JO Re: MacKay/Brock Sale to Keast et al Part of Lots 30 and 31, Concession 9 and part of Road Allowance Between Lots 30 and 31, Concession 9, ormerly Darlington, now Town of Newcastle. Attention Mr. J. Dunham Director Dear Sir: We acknowledge receipt in this morning' s mail of your letter of January 7th. We prepared and we enclose a photostatic copy of Reference Plan 1OR-1222 . We trust the same shall be of some assistance to you in the above matter. Thanking you for your early advice in the premises, I am, Yours sincerely, JPM:VR /t6 Encl. d RRECEIVED L,IA'J 12 1981 i�If►fJ O,r NEVV&STL E COR R,ATION OF THE TOWN OF NEWCASTLE PUBLIC%VORV.0©CPARYMaN° J.W.Dunham,Director HAMPTON,ONTARIO LOB 1 JO TEL.Dunham,,Director Mr. Joseph P. Mangan, Q.C. , 1411 King Street East, OSHAWA. Ontario. L1H 1A9. January 7, 1981. Dear Sir: Re: MacKay/Drocke sale to Keast et al. Part of Lots 30 & 31, Concession 9 and Part of Road Allowance between Lots 30 & 31, Concession 9, former Darlington Town of Newcastle. Further to your letter of November 25, 1980, addressed to the Town Manager, the subject matter has been referred to my office for a report to the Public Works Committee. You have indicated that there is a reference plan of the area and it would be of considerable assistance if you could provide this prior to the preparation and presentation of the report. I look forward to hearing from you in the above regard in the very near future. Yours truly, J. Dunham Director. JD:vh MI=RANDUM M-TM-125-80 J. Dunham, Director of Public Works F M: A. C.Guiler, Town Manager DATE: November 27th, 1980 SUBJECT= Attached Letter from Jose h Mangan I would request that you bring this matter forward to the Public Works Ccxmnittee in January 1981. A. C. Gu'ler. NOV 2? 1980 WORKS De MOWN OF NEWC..STI.r 'l ��®��$ �• d �1'L.lV, 1".KING STREET CAST . �+ -'�+•+. TELEPHONES - OFFICE 728-8232 RE S. - 725-3405 y O SH&WA, �V ED ONTARIO LIH tA9 410V November 25th, 1980 X19 A. C. Guiler, Esq. , A.M.C.T. , C.I,f.C. , Town Manager, Town of Newcastle , 40 Temperance Street, BOWMANVILLE, Ontario. L1C 3A6 Re: MacKay and Brock Sale to Keast et al Pts. of Lots 30 & 31, 9th Conc . and Pt. of Road Allowance Between Lots 30 & 31, 9th Conc. , Town of Newcastle Dear Sire The writer is acting for Eldon MacKay and Eric Brock in the pending sale of their above property with closing to take place on January 23rd, 1981 . We recently received requisitions upon the title of that property and one of which is the followings- "Instrument No. 5020 is a Deed dated December 14th, 1885, and registered February 5th, 1886 , from the Executors of the Estate of George McCullough to John Stark of the North half of Lot. 31 in the 9th Concession and part of Lot 30 and part of the original road allowance between Lots 3,0 and 31 in the said 9th Concession Of the Township of Darlington (now Newcastle) . Although a copy of a subsequent reference plan indicates that the said road allowance was closed by By-law No. 198 , dated March 3rd, 1866, a search _ of title fails to reveal a conveyance of the land to George McCullough. " The accompanying requisition requires registration on title of a copy of By-law No. 198 and also of a Deed from the Corporation of the Town of Newcastle conveying the relevant portion of the said road allowance . From the information received it would appear that the said George McCullough and his successors in title have used his farm property from in or about the year 1885 with that portion of the above road allowance closed at that time, and accordingly our clients , the vendors, have possessory title of the subject property. The solicitors for the purchaser indicate that they shall require a conveyance vesting in the vendors the above lands . We accordingly request that you turn this matter over to the appropriate official of the Corporation of the Town of Newcastle and also that you arrange for him to contact the writer at the earliest possible moment that this matter may receive early attention. Thanking you for your cooperation herein, I am, Yours sincerely, JPM:mg J c � AN � JOSEP$ Pj'�N_k `G.,A `) Q. C. 14Vz KING STREET EAST TELEPHONES - OFFICE 728-8232 RES.- 725-3405 O SHASTA, ONTARIO L1H 1A9 January 12th, 1981 The Corporation of the Town of Newcastle, Public Works Department, HAMPTON, Ontario. LOB 1JO Re: MacKay/Brock Sale to Keast et al Part of Lots 30 and 31, Concession 9 and Part of Road Allowance between RE C I : Lots 30 & 31, Concession 9 , formerly Darlington, now Newcastle Attention Mr. Dunham, JAN 13 I Director � + Dear Sir: aww Following a phone call from Mr. Mingay of Markham this morning, solicitor for the purchaser, Keast, the writer at once phoned your office but was advised that the application, previously fixed for hearing today, would not proceed today probably by reason of your not having received to date the photostatic copy of Reference Plan No. 1OR-1222 , forwarded with our letter of January 8th last. Shortly after that information had been received your secretary phoned the writer advising that our letter of January 8th, with the above registered plan enclosed, had come to hand. As previously advised the writer acts for the vendors, Eldon MacKay and wife, and his father-in-law, Eric Brock, in selling the above property to Keast et al, who are represented in this transaction by Mingay and Associates, Barristers and Solicitors, 81 Main Street, North, Markham. The following is Requisition No. 1 appearing in the Requisitions upon title of Mingay and Associates in its letter dated November 19th, 1980:- "1. Instrument 5020 is a deed dated December 14th, 1885, and registered February 5th, 1886 , from the executors of George McCullough to John Stark. The property which is conveyed by this deed is described as being the North Half of Lot No. 31, in the 9th Concession, and part of Lot No. 30, and part of the original road allowance between Lots 30 and 31. - 2 - l1 Although a copy of a subsequent reference plan indicates that this road allowance was closed by By-law No. 198, dated March 3rd, 1866 , our search of title fails to reveal a conveyance of this land to George McCulloch. REQUIRED: Production and registration on or before closing of a copy of By-law 198, closing the said road allowance, together with a deed from the Corporation of the Township of Darlington, conveying that part of the road allowance which has been closed to George McCulloch, and a copy of a By-law authorizing this conveyance. " The problem appears to be that though the road allowance between Lots 30 and 31, shown near the East limit of the lands described in the survey as having been closed by By-law No. 198 nearly 100 years ago, the said lands therein had never been conveyed by the Municipality of the Township of Darlington to the owners of the lands, or to the owners of the adjoining lands at that time. You will note in the said requisition No. 1 reference is made to a Deed dated December 14th, 1885 , and registered February 5th, 1886, as No. 5020 , from the executors of George McCulloch to John Stark. That Deed is said to be a Deed of the North parts of Lots 30 and 31, Concession 9 , Township of Darlington. From that fact it would appear that upon the said portion of the road allowance between Lots 30 and 31 having been closed by By-law No. 198, the lands comrsising the said road allowance should have been conveyed to the executors of the estate of the said George McCulloch, or to John Stark, or the westerly half of the said road allowance should have been conveyed to the adjoining property owner, and the Easterly half of the said road allowance should have been conveyed to the owner of the Easterly half of the said road allowance. Further, that conveyance has never been made to date, and the said closed road allowance has been, at least since 1886, used as part of .the farm premises of the successors in interest of the said John Stark to the present time, and the records will show that the present owners and present vendors are Eldon MacKay, Karen MacKay and Eric Brock, all of the Town of Newcastle in the Regional Municipality of Durham, formerly of the Township of Darlington, in the County of Durham. We might further advise that Eric Brock is presently the registered owner of an undivided one-third interest in the said lands, Eldon MacKay is presently the registered owner of an undivided one-third interest in the said lands, and the said Eldon MacKay together with his wife, Karen MacKay, are the joint regis- tered owners of the remaining undivided one-third interest in the said lands . We might add that in the pending conveyance the three above-named parties or vendors are showing their respective interests as in the immediately preceding paragraph. The writer might add that when speaking to one of your secretaries this morning she advised us that the disposition of the application of Mingay and Associates for the purchasers, 3 submitted by the writer to Mr. Guiler under date of November 25th, 1980, shall come up for hearing before the Public Works Committee (of the Corporation of the Town of Newcastle) at 9:30 A.M. on Tuesday, January 20th, in the Bell Building opposite the Town Hall in the Town of Bowmanville. The writer proposes to attend upon that application and he is most desirous that Mr. Mingay for the purchasers, shall be satisfied that in purchasing the subject property, his clients shall obtain good title of all lands to which title shall be received upon closing the trans- action. Thanking you and the officers of the Municipality of the Corporation of the Town of Newcastle for any assistance you may be able to give in this matter, I remain, Yours sincerely, JPM:mg DELIVERED January 13th, 1981 JOSEPg P. MaWGJN) Q. C. W/.KING STREET EAST Cai`1.Ql l-I-LL.Q.r TELEPHONES - OFFICE 728-8232 RES.- 725-3405 O S$AWA, ONTARIO L1 H IA9 February 2nd, 1981 The Corporation of the Town of Newcastle Office of the Town Clerk 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Part of Township Lots 30 and 31 Concession 9, and Part of Road Allowance between Lots 30 and 31 Concession 9, Former Township of Darlington. Attention Mrs. Gertrude E. Gray Dear Sirs : We acknowledge receipt this morning of your letter of January 28th re the above. The request to your council in the writer' s letter of November 25th, last, was for the registration on title of a copy of Bylaw No.. 198 of the Township of Darlington which authorized the closing of the road allowance between Lots 30 and 31 in the Ninth Concession of the Township of Darlington, also for the enactment and registration of a bylaw authorizing the conveyance by the corporation of the Town of Newcastle to the persons entitled thereto, and also for the execution and delivery of the said conveyance. We are informed that the said bylaw No. 198 cannot be located. The grantees named in the conveyance from the recent owners of the above property are: Walter John Keast of the Town of Newcastle in the Regional Municipality of Durham, and Nevada Susan _ Keast, his spouse, of the same place, as joint --zmY tenants and not as tenants in common. " Reed Ann f � o 2 It would appear that to comply with the above requisi- tion the requirements shall be: 1. The enactment and registration of a new bylaw re- placing Bylaw No. 198, authorizing the closing of. the above road allowance; 2. The enactment and registration of a bylaw authorizing the sale and conveyance of the same lands to Mr. and Mrs. Keast, and 3. A conveyance for registration from the Corporation of the Town of Newcastle to Mr. and Mrs. Keast of the said closed road allowance. Trusting the foregoing is the information you requested, I am, Yours sincerely, 0 - JPM:VR `� ° January 23, 1981 Mr. David J.D.Sims, Q.C. - Sims Morton McInerney & Brady Barristers and Solicitors 117 King Street Fox 353 Whitby, Ontario Dear Sir:- Re: Part of Lots 30 and 31, Concession 9 Part of Road. Allowance between Lots 30 and 31, Concession 9, former Township .of Darlington The recommendation in report WD-;-i2-81, attached, was endorsed - by Council on January 26, 1981. It would appear that By-law 198 of the Township of Darlington is not on record. Could we have your comments please. Yours very trimly, Gertrude E. Gray Deputy Clerk/Committee Secretary 99 C.C. Mr. J. Mangan, Q.C. 141 King Street East Oshawa, Ontario L1H lA9 PAL OF STEEL TOWER LINE 3� N72030 E 1400 K 3 CD S F33 In y p3 2 z P 2 : �5z Z W = a �` LI PL h m �4 a:, 1 `J\II'I E SVI 0N ✓ p v NOTES. Fr< J BEARINGS ARE ASTRONOMIC AND ARE REFERRED I ; TO THE N 17038'W OF THE WEST LIMIT OF 1+ PART I , PLAN IOR-331. ° �j -0--DENOTES STANDARD IRON BAR 48°LONG SSIB DENOTES SHORT STANDARDIR(XV BAR 24'LONG � DENOTES IRON BAR 518"square 24*LONG FD. DENOTES, FOUND FL. DENOTES PLANTED PART " CSM DENOTES CUT STONE MONUMENT r �< AREA — 58-IM ACRES 57 +� i � 1 fi• d SURVEYOR'S CERTIFICATE. r Stu PL. 1 CERTIFY THAT +' Frome # I► 1• THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE Iv:=; Sam Y $i 65' ?; WITH THE SURVEtS ACT AND THE REGISTRY ACT AND THE n 36cl;l, REGULATIONS MADE THEREUNDER. Sam �• 2. THE SURVEY WAS COMPLETED ON THE 13th DAY OF NOVEmm, 1980 s• y 14- � o NOVEMBER 14 , 1980 ONTARIO LAND SURE" , I H.F. GRANDER ch t FENCE MARKING EXISTING LIMIT BETWEEN ME N1128 S1 12 OF LOTS } H,F, GRANDER Co. Ltd. "- 6 ONTARIO LAND SURVEYOR PL POST 8 PL WIRE FENCE RAIL FENCE PL 6d FD(IO05I FENCE 30.8 WATER STREET SOUTH N73039'E 44930 N7g000Ea 1) - W (1391` INST. NQ N2e85T) LAKEVIEIY PLAZA bI PART PERRY, ONTARIO.INST. NQ N2855r PROJECT NE 40399 �j. I REQUIRE THIS PLAN TO PLAN '®R /�J �.. A (PAR76, PLAN R.D-65) (FART4rPLAN R.a-w) (PART 5,PLAN RD 65) 8E DEPOSITED UNDER THE �i. INSLNQ47773 Mr.N9 47773 INST.Ng47773 REGISTRY ACT. RECEIVED AND DEPOSITED I — —ROAD /�y{LLOWANCE BETWEEN 90NCESSIONS 9 .{ /g Nov /9� Af FD(1106) FD(1106J" Aro6 DATE �', t rtF• FD csM a DATE r u�5 +r' , r 268.4'3 N7V4950 E 810 00 FD(Iw61 AT�i9 ? 4 4 Y� i # r N7V2740 E � JAV �1 (PART 3,PLAN R.D.-47) INST.NQ 47773 rDS' aWIRE FENCE ON LIM; SIGNATURE SOUTH LIMIT OF ROAD ALLOWANCE AS WIDENED yr 4 LAND REGISTRAR FO(PART 2 Eis NW ANGLE OF INST I71 NAME AV PRINT (VISION OF NEWCASTLE(N9 10J,' Its. LOT 31,CON.9 'Red n FD(1106). 6d (I)Dal CAUTION THIS PLAN IS NOT A PLAN OF SU®OIVISlON WI7iIIN ''4 i �£ s THE MEANING,OF TY+IE PL MN ACT. Y�k ti s�; MEDtJtt • x 7 � t PART LOtCATION 1,00106) M Cr } 1,29Z` A } _L,OTS J0&3!,CON;9 AN2 929 6 1E 4, ' �;, a 'fix ti OI ¢- AW ROAD.ALI.O1 VXE BETWEEN `ONTARIO HYDRO EASEA19r)T IN � LOTS.30 8 31,CON,9 INST. '20E46 a PART Thy s �a Exh�bi,t "All to the Declar(�t�on o� Eldon MacKay. and Eric Brock,. declared 561' k,.shr AREA = 53-789 ACRES L before me thin day of 198 Commissioner etc• a' y d3'. I i 1 H s z ea L C)l 3 J i CL ' j Z FD(I II PLAN OF SURVEY FENCE .I�+ � h7 y i OF PART OF LOTS 30 8 31, CONCESSION 9 AND OF,'.- - i" a PART OF THE ROAD ALLOWANCE BETWEEN LOTS 30 AND 31 IN CONCESSION 9 TOWN OF NEWCASTLE AREA = 4.841 ACRES REGIONAL MUNICIPALITY OF DURHAM! ' ' (FORMERLY TOWNSHIP OF DARLINGTON, COUNTY OF DURHAM L r PAIRT 2 s SCALE 1" = 200.' ry b z N72*30'E I4 FDnoos! H. F. GRANDER O.L.S. 1980. �4 t" elrn •r „, r n eft �r AYST. NQ 203 FLWrT l%IV i ItJN 1 1_i���I (_rvl - — — VAT - PL. s ld .4 •. -- `g NiY°SOLE (N7F°07� IIIPI' INST Np Y03®6) _ t