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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 1JO 987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 12, 1982.
REPORT NO. WD-83-82.
SUBJECT: ONE-FOOT RESERVE, EAST OF TYLER STREET,
MITCHELL'S CORNERS, TOWN OF NEWCASTLE.
RECOMMENDATION:
It is respectfully recommended:
1 . That this report be received, and,
2. That the Director of Public Works be instructed
to issue an Entrance Permit to Mr. Ross A.
McMaster, allowing him to cross over the Town-
owned One-Foot Reserve, between his lands, and
the east end of Tyler Street, Mitchell 's Corners,
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with conditions as follows:
(a) Mr. McMaster will be permitted to traverse the
One-Foot Reserve on foot, or by private car or
light truck, for as long as he is the owner of
the lands abutting the One-Foot Reserve.
(b) Mr. McMaster will not obtain additional access
to Taunton Road.
(c) Mr. McMaster will pay the standard fee of $30
in respect of the issuance of the Entrance Permit.
3. That a copy of this report be forwarded to Mr.
McMaster accompanied by the request that he contact
the Public Works Department to arrange for the Permit.
WD-83-82. - 2 -
BACKGROUND:
In February, 1981, Council passed a resolution which directed that
a licence be issued to Mr. R.A. McMaster granting him permission to
cross over the one-foot reserve between his property and the east
end of Tyler Street, Mitchell 's Corners. The matter was subsequently
referred to the Town Solicitor for preparation of the appropriate
documents. However, due to the death of one of the partners of the
law firm, the file was misplaced and has only recently surfaced.
The Solicitor duly prepared a licence, and this was forwarded to
Mr. McMaster for his consideration. Mr. McMaster questioned the
contents of the document, and costs associated with it's preparation
and even, in fact, the need for a legal licence. His contention is
that he has a Council resolution granting the permission required,
and no additional formalities are necessary.
As a result of the above, there was further correspondence with
Mr. McMaster indicating the need for legal documentation, as well
as correcting some of the items which caused him concern. However,
Mr. McMaster has yet to respond and resolution of this matter is
desirable.
REPORT:
In order to finalize this matter, and deal with Mr. McMaster's
concerns relative to conditions and costs, it is possible to meet
all requirements through the issuance of an Entrance Permit, app-
ropriately worded. A Schedule of Conditions of Issue can be attached
to the Entrance Permit.
The above solution will not recover the legal fees already spent on
this item, however there is no evident method of such recovery and
it is, therefore, recommended that those fees be written off and
that the Entrance Permit, with conditions, be pursued.
Respectfully submitted,
I
R.G. Dupuis, P. Eng. ,
Director of Public Works.
October 4, 1982.
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