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Home My WebLink AboutWD-39-82 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1J0 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 17, 1982. REPORT NO. WD-39-82. SUBJECT: ESTATE OF LUELLA IRENE FOUND AND THE LATE CHARLES R. FOUND. PART OF LOTS 32 & 33, CONCESSION 1 , (FORMER) TOWNSHIP OF DARLINGTON. RECOMMENDATION: It is respectfully recommended: 1 . That Council authorize Public Works Department Staff to take the necessary actions to arrange for the exchange of an unopened road allowance through the Found Estate, for a forced road allowance at the west limit of the Found Estate in Lots 32 & 33, Concession 1 , former Township of Darlington, wherein the existing road lies, and: 2. That, assuming the appropriate arrangements can be made, the necessary legal documents be pre- pared and presented to Council for approval and execution at a later date, and: 3• That a copy of this report be forwarded to Messrs. Greer, Seiler & Brown, Solicitors for the Found Estate. BACKGROUND: The attached letter from the Solicitors for the Found Estate, Messrs. Greer, Seiler & Brown, details their arrangements for the final disposition of the Estate and the general situation with WD-39-82 - 2 - respect to road allowances in the area. The original road allowance (which is unopened) passes through the Found Estate and divides into two parts; the actual travelled road (which is the southerly extension of Prestonvale Road) is located on the western periphery of the Estate. The Solicitors have suggested two possible alternatives to solve the matter of the unopened road allowance dividing the single parcel of land: firstly closure of the road allowance by by-law, and conveyance to the abutting owners in the amount of $2,000. 00 (Two Thousand Dollars per acre) , and secondly, a land exchange wherein the Found Estate would convey Title to the forced road allowance to the Town in exchange for Title to the original road allowance. COMMENT: Before entertaining either of the Solicitors ' proposals, it is recommended that the Town Solicitor investigate this matter and determine the Town's rights to Title to the forced road. If the Town has full rights to the forced road allowance, the exchange possibility is nullified, and the requested road closure will be processed in accordance with Town Policy. If, however, the Town does not have rights to the road allowance upon which the road is situated, then the exchange alternative could be pursued with the Town' s Solicitor. The Town should take the position that all costs associated with either alternative must be borne by the Found Estate. Respectfully submitted, R.G. Dupuis, P. Eng. , 1` Director of Public Works. �'ay 11 , 1982. RGD:vh ovIra CORPORATION OF THE TOWN OF NEWCASTU PUBLIC WORKS DEPARTMENT R. DUPUIS,P. ENO., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1JO 987.5039 Mr. Thomas H. Greer, Greer, Seiler, Brown, Richmond Centre, 54B Centre Street North, P.O. Box 917, OSHAWA. Ontario. L1H 7N1 . April 28, 1982. Dear Sir: Re: Estate of Luella Irene Found and the late Charles R. Found. Part Lots 32 & 33, Concession 1 , (former) Township of.Darlington. Further to previous correspondence on this matter and my recent discussion with your Secretary, I would advise you that your proposal of a land exchange appears to be quite interesting. Notwithstanding the Town's current Policy for the Closure/Con- veyance of Road Allowances, I am prepared to recommend to Council that we proceed as per your suggestion. Unfortunately this will result in some delay and Council 's decision will not likely be available until late May. However, in the long term, this could result in a substantial saving in time over the Policy procedure. I I trust that you will bear with us on this matter and would be pleased to discuss any queries or concerns you may have in this regard. I Yours truly, R.G. Dupuis, P. Eng. , Director of Public Works. cc: D.W. Oakes , A.M.C.T. , Clerk. RGD:vh i CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK TELEPHONE 623.3379 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LIC3A6 DISTRIBUTION Apk g PXD......... J 6 N(,�.......1.1......... ACK. BY:................................... ORIGINAL TO:....................... CO April 22, 1982. PIES TO: DATE Greer, Seiler, Brown, Barristers & Solicitors, FILE.................................... Richmond Centre, 54B Centre Street North, P,O, Box 917,, Oshawa$' Ontario, UK 7N1, Attentibh.4 ' 'Mr, Thomas 'H,' 'Greer Dear Sir: Re: Proposed Exchange of Lands, Found Estate and Town of Newcastle, Parts of Lots 32 and 33, Concession 1,, former Darlington, now Town of Newcastle Our File: 60.2.99. Your letter dated April 20th 1982, is acknowledged. The matter has been referred to the Director of Public Works for review and a report to the General Purpose and Administration Committee, Any decision will be reported to you in due course. Yours truly, 'Dav d W. Oakes, A.M.C.T. Town Clerk. ........................ --------------------------- ............... DWO/ms cc: Public Works / ........ ............ IZ -------------........... ........ ........—.......... ........ ......... ......................I....... ........... .. ° r A / i l c`) TH1M 6Z GREER, SFILCR, BROWN APR �1 1992 RO ERTF. s �� ,�1�� N •�. (CIVIL LITIGATION) r, BARRISTERS&SOLICITORS C��,,; mom_. ,JEFF EY G. WAN,B:A:,Lt•.B--�LJ Richmond Centre (F M(LYr1,d�W&DIVORCE) j 54B Centre Street North P.O.Box 917 �� k�+ il�,'�,;;1Itl'�T ( IM1NAt LAW) Oshawa,Ontario,Canada LIH 7N1 ,.-.INAL T0: .......... Telephone(416)576-5153 �--- �•.21S TO: � April 20th, 1982 Clerk Town of Newcastle - 40 Temperance Street Bowmanville, Ontario Dear Sir: FILE ._._..,............. Re: Estate of Luella Irene Found and re the Estate of t e Late Charles R. Found and re Parts of Lots 32 and 33, Conc. 1, Geographic Township of Darlington, now Town of Newcastle The writer acts on behalf of the Estate of the late Luella Irene Found who along with her late husband, Charles R. Found, farmed the above property for many years prior to his death. In any event, we are now in the process of making distribution of the Estate of the late Mrs. Found, and in order to do so, it is necessary that an ,R-Plan be registered. Upon making the necessary searches at the Registry Office, it has come to the writer' s attention that there is no record of any by-law officially closing the lands designated as Parts 3, 4 and 5 on the R-Plan, a copy of which is enclosed for your convenience. These parts, of course, refer to the road allowance between the two lots in question. Similarly, I might indicate to you that the municipality in its own right does not have title to Parts 8, 9 and 10 which form the travelled road lying and abutting the property to the west. Since I understand that the municipality has a policy of assessing a value of $2, 000. 00 per acre for any road allowance lands closed and conveyed to abutting property owners, under the circumstances of this particular case, perhaps the municipality would like to give consideration to an exchange of title between the respective parties concerning the two parcels of land in question. I would appreciate hearing from you in connection with this matter after you have had an opportunity to consider this letter. Yo#ER ly, GR B OWN I THTH En t' cc. Mrs. Muriel Miller f. v. lb`tiM7µp 4 i . ! Fly._a:j t♦ CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON;ONTARIO TEL.(416)263.2231 LOB 11,10 987.5039 r' y ri f Mr. Thomas H reer, Greer, Seil r, Brown, Ri chmond,%G`entre, 54B Centre Street North, P.0 6o 917, . r OSHAWA. Ontario. 1 H 7N1 . April 28 1982. Dear Sir: Re: Estate of Luella Irene Found and the late Charles R. Found. Part Lots 32 & 33, Concession 1 , (former) Township of Darlin ton. Further to previous correspondence on this matter and my recent discussion with your Secretary, I would advise you that your proposal of a land exchange appears to be quite interesting. Notwithstanding the Town's current Policy for the Closure/Con----, veyance of Road Allowances, I am prepa-red-to recommend to Council that we proceed as per your suggestion. Unfortunately this will result in some delay and Council 's decision will not likely be available until late May. However, in the long term, this could result in' a substantial saving in time over the Policy procedure. I trust that you will bear with us on this matter and would be pleased to discuss any queries or concerns you may have in this regard. i Yours truly, R.G. Dupuis, P. Eng. , Director of Public Works. cc: D.W. Oakes, A.M.C.T. , Clerk. RGD:vh