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HomeMy WebLinkAboutWD-81-82 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1 J 0 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 12, 1982. REPORT NO. WD-81-82. SUBJECT: "SHERRY LANE" , BEING A RIGHT-OF-WAY LOCATED IN PART OF LOT 31 , CONCESSION 3, (FORMER) TOWNSHIP OF DARLINGTON. RECOMMENDATION: It is respectfully recommended: 1 . That this report be received, and; 2. That a letter be sent to each of the owners of property on "Sherry Lane" , located in Part of Lot 31 , Concession 3, former Township of Darlington, requesting that each of them Quit Claim any interest they may have in the lands comprising the right-of-way. BACKGROUND: It has been brought to the attention of the Town that there is a right-of-way in the Courtice Area which has been thought of as a private road, but which has been maintained by the Town for many years. Access to an abutting property has recently been questioned, thereby necessitating resolution of the ownership of the right-of- way. The attached sketch illustrates the. situation, and the neigh- bouring properties involved. WD-81-82 - 2 - REPORT: 1 . "Sherry Lane" is a 66 ft. right-of-way, 660 ft. in length, running westerly off Trull 's Road, across part of Lot 31 , Concession 3, Darlington. It is bordered on the south by six individual lots, on the north by a single lot, and dead- ends at the westerly extremity abutting a 49.64 acre parcel of land. 2. "Sherry Lane" is identified in the 1975 edition of the Town of Newcastle Needs Study, and has received year-round maintenance for several years. 3. Deeds to the properties abutting the south limit of the private road specify that each owner has a right-of-way over a 66 ft. strip across each and every other property comprising the roadway. It was felt that there were several problems to resolve in this matter, and that the entire status of "Sherry Lane" would require very careful consideration before the Town took any position or action. Accordingly the relevant information was forwarded to the Town Solicitor for his opinion and input. The results of his review may be summarized as follows: (i) There is a need, on the part of the individual property owners, to provide evidence of an intention to have the right-of-way dedicated as a Public Road. (ii) There is a need, on the part of the Town, to accept such dedication, and, (iii) The facts associated with this situation would, probably, lead to a decision that "Sherry Lane" is a Public Road, if tested through the Courts. WD-81-82 - 3 - There is little question as to the Town's position, as defined in Item (ii) above, since maintenance has been carried out on "Sherry Lane" for a number of years; however, there is considerable un- certainty as to whether the individual property owners are, or will be, of the same opinion. As a result of the foregoing, and the urgent need to resolve this problem before the onset of the winter season (and the resulting need for maintenance operations by the Town) , it is suggested that each property owner be contacted through the attached letter, have the situation explained (with the indication that the Town may not be in a position to provide maintenance) and be requested to execute a Quit Claim on the right-of-way known as "Sherry Lane". Respectfully submitted, R.G. Dupuis, P. Eng. , Director of Public Works. o tober 1, 1982. RGD:vh d d CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENO., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1J0 987-5039 Dear Property Owner: Re: Status of "Sherry Lane" as a Public Road. It has recently been brought to the attention of the Town of Newcastle that "Sherry Lane" , abutting your property, is not a Public Road; rather, each of the abutting property owners on the south side has a right-of-way over a 66 ft. strip across each and every other property comprising the road. The owners to the north and west do not have such rights. There is a complicating issue in that the Municipality has been maintaining "Sherry Lane" for very many years, and has been expending public funds by so doing. The question which arises, therefore, is whether the Town should be maintaining a 'private' road. In order that the affected residents may continue to enjoy the use of the road, with Town of Newcastle services provided, it is essential that "Sherry Lane" becomes a Public Road, otherwise the Municipality may be forced to cease maintaining same. The Town, therefore, is requesting you to relinquish your interest in the right-of-way to facilitate the legal formalities necessary to clarify the status of the road. Attached are two forms which are presented for your consideration. As will be seen, it is necessary that the owners of property abutting "Sherry Lane" Quit Claim their interest in the right-of- way in order that the Town continue to provide services to the road. Your concurrence in signing the Agreement to Quit Claim-will be of considerable assistance in expediting the resolution of this issue. If, however, you are in opposition to the proposal , you are asked to so indicate by signing the Refusal to Quit Claim. Your co-operation in this matter is vital ; the Town of Newcastle will undertake all of the necessary legal work involved in the formalities of the assumption of "Sherry Lane" into the Municipal Road System, and will absorb any costs incurred. It is imperative that the existing situation be resolved prior to the onset of the winter season, thus the Town is earnestly requesting that you complete one of the attached Declaration of Intent forms and return same to the office of the undersigned, at the earliest possible time. Should you have any queries or concerns, or require more information on this matter, please contact Mr. R.G. Dupuis, P. Eng. , Director of Public Works, Municipal Offices, Hampton (Telephone: 253-2231) . Thank you for your consideration and co-operation. Yours very truly, David W. Oakes, A.M.C.T. Town Clerk. cc: D.N. Smith, M.C. I.P. , Administrator. R.G. Dupuis, P. Eng. , Director of Public Works. RGD:vh CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK TELEPHONE 623-3379 AO TEMPERANCE STREET BOWMANVILLE, ONTARIO v"r Ll C 3A6 I Dear Property Owner: Re: Status of "Sherry Lane" as a Public Road. It has recently been brought to the attention of the Town of Newcastle that "Sherry Lane", abutting your property, is not a Public Road; rather, each of the abutting property owners on the south side has a right-of-way over a 66 ft. strip across each and every other property comprising the road. The owners to the north and west do not have such rights. There is a complicating issue in that the Municipality has been maintaining "Sherry Lane" for very many years, and has been expending public funds by so doing. The question which arises, therefore, is whether the Town should be maintaining a 'private' road. In order that the affected residents may continue to enjoy the use of the road, with Town of Newcastle services provided, it is essential that "Sherry Lane" becomes a Public Road, otherwise the Municipality may be forced to cease maintaining same. The Town, therefore, is requesting you to relinquish your interest in the right-of-way to facilitate the legal formalities necessary to clarify the status of the road. Attached are two forms which are presented for your consideration. As will be seen, it is necessary that the owners of property abutting "Sherry Lane" Quit Claim their interest in the right-of-way in order that the Town continue to provide services to the road. Your concurrence in signing the Agreement to Quit Claim will be of considerable assistance in expediting the resolution of this issue. If, however, you are in opposition to the proposal , you are asked to so indicate by signing the Refusal to Quit Claim. Your co-operation in this matter is vital ; the Town of Newcastle will undertake all- of the necessary legal work involved in the formalities of the assumption of "Sherry Lane" into the Municipal Road System, and will absorb any costs incurred. It is imperative that the existing situation be resolved prior to the onset of the winter season, thus the Town is earnestly requesting that you complete one of the attached Declaration of Intent forms and return same to the office of the undersigned, at the earliest possible time. Should you have any queries or concerns, or require more information on this matter, please contact Mr. R.G. Dupuis, P. Eng. , Director of Public Works, Municipal Offices, Hampton (Telephone: 263-2231) . Thank you for your consideration and co-operation. Yours very truly, David W. Oakes, A.M.C.T. Town Clerk CC: D.N. Smith, M.C.I .P. , Administrator R.G. Dupuis, P. Eng. , Director of Public Works RGD:jco DECLARATION OF INTENT AGREE-MENT TO 'QUIT CLAIM TO: THE CORPORATION OF THE TOWN OF NEWCASTLE I/WE, THE UNDERSIGNED, WISH TO WAIVE ANY PERSONAL INTEREST I/WE MAY HAVE IN THE RIGHT-OF-WAY KNOWN LOCALLY AS "SHERRY LANE`, LOCATED IN LOT 31, CONCESSION 3, IN THE FORMER TOWNSHIP OF DARLINGTON, NOW IN THE TOWN OF NEWCASTLE. IT IS UNDERSTOOD BY THE UNDERSIGNED THAT IF I/WE QUIT CLAIM THE INTEREST IN "SHERRY LANE", THE TOWN OF NEWCASTLE WILL ASSUME THE RIGHT-OF-WAY AS A PUBLIC ROAD WITHIN, AND FORMING PART OF, THE ,MUNICIPAL ROAD SYSTEM, AND THAT FULL MAINTENANCE AND SERVICES, IN KEEPING WITH THE REQUIREMENTS, WILL BE THE RESPONSIBILITY OF THE TOWN OF NEWCASTLE. DATED THIS DAY OF 1982. SIGNED: ADDRESS : ROLL N0 : ' 4I TNESS : y DECLARATION OF INTENT REFUSAL TO QUIT CLAIM TO: THE CORPORATION OF THE TOWN OF NEWCASTLE. I/WE, THE UNDERSIGNED, DO NOT WISH TO WAIVE ANY PERSONAL INTEREST I/WE MAY HAVE IN THE RIGHT-OF-WAY KNOWN LOCALLY AS "SHERRY LANE", LOCATED IN LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON, NOW IN THE TOWN OF NEWCASTLE. IT IS UNDERSTOOD BY THE UNDERSIGNED THAT IF I/WE DO NOT WISH TO SUIT CLAIM THE INTEREST IN "SHERRY LANE", THE TOWN OF NEWCASTLE WILL BE UNDER NO OBLIGATION TO PROVIDE ANY MAINTENANCE WORKS OR SERVICES IN RESPECT OF THE RIGHT- OF- WAY, DATED THIS DAY OF , 1982. SIGNED: ADDRESS: ROLL No: WITNESS : /VP 49.640 ACRES ...... '08c) z o (1-100-002) -Ti F, =T ---i OrRON IrAsri-Rtr Livlr AS PER MAJOR/Tr DEEDS EAsrFRLr ADJAcelvr; 1,7S1 a W r z C) 0 v k, GI N30 T56 !Z p M A c: Z_', _1% 0 so' dJ 2331,80' CP �11�00 1875-1 n LD C 005) ME 0 ZYO -4- Msf N9 485571 rn Z -t Insf /& IV25260 m m k, rw I I to at (1-100-007) < N9225M rn 3. (I-Iq0-008) 'ter hsrt No tv.012.35 W 411235, 009) (1-100-009) (-Z-100-60J) 0 )VII ly /078t. (1-100-010)_010) 30 and �TRjLL'S ROAD sl f