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HomeMy WebLinkAbout93-23 . f ~' THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 93-23 being a by-law to authorize the making of an Extension Agreement between the Town of Newcastle and Thomas Gus Annis pursuant to the provisions of section 8 of the Municipal Tax Sales Act WHEREAS at its meeting on January 25, 1993, Council passed Resolution #C-86-93 approving Addendum No.2 to Report #TR-6-93 which recommended the making of an Extension Agreement between the Town of Newcastle and Thomas Gus Annis pursuant to section 8 of the Municipal Tax Sales Act, R.S.O. 1990 c. M-60: NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE: 1. That the Mayor and Clerk are authorized to execute on behalf of The Corporation of the Town of Newcastle an Extension Agreement substantially in the form of the Extension Agreement referred to in Addendum No.2 to Report #TR-6-93, provided that the Extension Agreement is executed by all parties thereto on or before February 25, 1993. By-Law read a rust and second time this 25th day of January, 1993 By-Law read a third time and rmaIly passed this 25th day of January, 1993. ~~#pf--eJ Mayor Hi THE CORPORATION OF THE TOWN OF NEWCASTLE Memorandum /~ ~ 7i q - To: From: Patti Barrie, Clerk Ruth Swan, Ta:{ Collector Date: March 10, 1993 EXTENSION AGREEKEN'rS Subject: Attachedp1easefind a copy of the Extension Agreements for the following people; 1) Carolyn Mosier and 2) Thomas Annis, which were .not.executed by the deadline of February 25, 1993. These agreements are therefore null and void. The 'Dreasury Department now plans to take the necessary steps to sell these two properties for arrears of taxes by public tender. '~~ * RS/ges cc: Marie Marano, Treasurer \ .I THIS EXTENSION AGREEMENT made as of this 25th day of February, 1993. BElWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - CAROLYN GAIL MOSIER (hereinafter called the "Ratepayers") OF THE SECOND PART WHEREAS: A. The lands and premises affected by this Extension Agreement which are described in Schedule "A" hereto are hereinafter called the "Lands". B. The Ratepayers are the owners of the Lands and at all material times has been and are shown as such on the assessment roll of the Town. C. A tax arrears certificate was registered against the title to the Lands in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Instrument No. 0382163 on February 26, 1992. A copy of the tax arrears certificate is contained in Schedule "B" hereto. D. The Ratepayers have agreed that the amount of the tax arrears shown in the tax arrears certificate referred to in Recital e is correct E. The Town has not received payment of the "cancellation price" as provided for by the Municipal Tax Sales Act, R.S.O. 1990 c. M-60 (the "Act"). F. The Town Council has approved the making of this Extension Agreement at its meeting held on February 24, 1993. G. This Extension Agreement is made pursuant to the provisions of section 8 of the Act and is authorized by By-law No. 93-34 passed on February 24, 1993, a copy of which is contained in Schedule "e" hereto. (To be annexed when enacted) Page 2 NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the other, (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. In this Extension Agreement the term "cancellation price" has the same meaning as it has in the Act. 2. The Ratepayers represent and warrant to the Town that each of Recitals A to E of this Extension Agreement is correct 3. The Ratepayers acknowledge and agree that the amount of the tax arrears shown on the Tax Arrears Certificate contained in Schedule B is correct. 4. The period of time in which the cancellation price is to be paid is extended for the period during which this Extension Agreement subsists. This Extension Agreement shall subsist so long as each of the payments set out below is made to the Town in accordance with this Extension Agreement on or before the dates set out below opposite the respective amounts to be paid: $ Amount $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 The amount which is equal to the balance of the cancellation price required to be paid pursuant to the Act Date February 25, 1993 March 25, 1993 April 25, 1993 May 25, 1993 June 25, 1993 July 25, 1993 August 25, 1993 September 25, 1993 October 25, 1993 November 25, 1993 December 25, 1993 December 31, 1993 , -i Page 3 All payments shall be made by certified cheque, money order or cash delivered to the Town's Treasurer at the Town's Administrative Centre, 40 Temperance Street, Bowmanville, Ontario during the Town's regular business hours. 5. In the event that any of the payments referred to in paragraph 4 of this Extension Agreement is not made in accordance with paragraph 4, thereupon this Extension Agreement shall cease to subsist for the purposes of the Act 6. The Parties acknowledge that any person may pay the cancellation price at any time. 7. This Extension Agreement shall terminate upon payment of the cancellation price by any person. 8. The Ratepayers shall not assign this Extension Agreement to any person and shall not register this Extension Agreement against the title to the Lands. 9. Time shall be of the essence of this Extension Agreement IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal by the hands of its proper officers duly authorized in that behalf and the Ratepayers have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF NEWCASTLE /PUA'4d?/A.L-/ Mayor: Di e H In the presence of: CAROLYN GAIL MOSIER (seal) SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 93-34 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of February, 1993. LEGAL DESCRIPTION OF LANDS Lot 4, Plan 688, Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham as last described in Instrument No. 152853: ~ .' SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 93-34 the Corporation of the Town of Newcastle, enacted and passed the 24th day of February, 1993. TAX ARREARS CERTIFICATE M"'f\tCIDI' WOIIO. - tQfm ;tVI '/11,. T.N. fA c_ NWlicif41 w..w I... ltj"- .....,...~""".. "0"" , - Mvn..... 1.. a;.1.. Act.. ,..... Document General ,_ 4 - ~~...... "-_ AcI, It14 o III "......,. IX) ~T_ 0 I (2) Pogo 1 011 ~~, I - (~) Pr-'Y 8_ "'-'Y AMO_ 14IoNIIlO<(0) Z - s- o ,..,~ 0 .::r - '-0 ff - ! (4 - ~ a. ~ i\; ," . Tax An.." Certlfl"'- I" ~ ,ii'" Form 1 - Munlclp.1 r.x S.I., Act. '984 CO ,,' ,. ..D : :~ : t ,..,...j .. 0 N , fY 0, ,,' a:> ()oIaIo . i ~i ..... ~ f ..... I' g t.,1 ~ iE : ... ~\ Lot 4, Plan 688 ~ Fo~~ly Town.hiP. of Da~linston g Town of Nawcaatla ... Resional Municipality of Du~h.. Now!:,~ ld4nIIfiols ,.. laat ducribad 1D lnatn.ant 152853 - s- O -- _. IT)1:.:- (al~ II (II) ScNduIa lor: -, -~ MdillonaI ... 0 ~ ~ o ~o ...- 0 Otho< 0 -- II)'" o.c-N...-..-: Tho parson 11.,111\I In BOIl 10 ha..bV etr1lllaldlaull or part of &ax ."MtIIn dlumountof $10,321.54 wert OWIIl\l on 1M 311tdIVof Declmblf. 11191 Iftd at least pen of IUCh ernount pi... an'( tddltlOMl real ptOpart'( &ax1lS and -" 1& still owlll\l to dl. municipality 01 board l'IIlMCIln BOIl 10 and dl.c 1M land descrlbad In dlll docurnant will be .&OId by public IlIe " 1M _"atlon price 11 not PIlei wldlln one vat followlll\l1M II.,. of reglaVa1Ion of dlb clocumen\, No~" "'- Tho \lm4 period fOf Plying 1M _lIo\lon price may be ."",n<McIlf 1M mu~lty or board aultlorlJ.. 11\ "'~Nlon ae.........t wlltI "" ownor of "" land ""or. "" tllplry of ltI. one-y... ptflod. B. Tho _lIwon price will ... ctlculattd . of "" ~It INt ltI. .mount of ltI. &ax ....an ... PlId to "" municipality or board and will ... hlahtr \hMIltI. amount lit out tbovt. C. If ltIirt Is no IUCCtIlNI purch...r at "" public: "It. ltI. land. upon reelstr.tlon of a notlct of _lng, will YIlt In dl. munlcl~lIty or board. O. AIIV Inqulrlel ..Ia\lll\l to ltIl& mantr mtV be dl_ud to ltI. munlclptllty or botrd l'IIlMCIln BOIl 10 at 11M tdd... shown In BOIl 11, Continutll on ScNduIa 0 (I)TNo ~....... 11I...._ ...-r(1) (10) ,t/1rl"') (St! ~ Sta... 01 ~ Namt(11 Slgnalurt(1/ De" 01 &~ Y U D .,. W.:~~~ .~~.~.~.......... .I"!.I.. .. ~~"l-r.., ................. .1.1~~?-.19?-.. ~?- lWth an I I . . : . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T~. ~:J.~'\=~9f. . . , . . . . :. . . . . . ... . . . .,. .. , . j . . . . . . ,.................,.......................... . .... "T~;';'A:.~k.do.;..;.;"'" ..I..... .. . .. . (11)_ 40 T.-per_ca Streat. ao-vl11e, Oourio Lle 3A6 Attellt1otl: Tr...ura~ Itr ...- <(2) ,t/1rllM) ($tl OUI SIa.... 01 -I 0:" 01 &.1"'''': HMit(1) SIgntIIlrt(II ............................................. .........,.........................f.... .,. .-1-.. ............................................. ...'....'.'.....'.'..........'..'.!.....j...f... ............................................. ..................................,.....1...1... I I I (U)_ lor ...- (14) ........ _ 01 P~ (11) ~ ........... by. I!li "-.....T... ~. lS30 Na.h load Tr...u~er g lItQlIllalloft Fee Cou~tic.. Ontario Town of llevc:utle ~. L1E 2K8 40 T.-peraACe Street lIova&nv1lle, Oourio i' LIe 3A6 ~ Tol8l : " SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 93-34 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of February, 1993. . BY-LAW NO. 93-34 [ATTACHED] . . '!, THIS EXTENSION AGREEMENT made as of this 29th day of January, 1993. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the 'Town") OF THE FIRST PART - and - THOMAS GUS ANNIS (hereinafter called the "Ratepayer") OF THE SECOND PART WHEREAS: 'I A. The lands and premises affected by this Extension Agreement which are described in Schedule "A" hereto are hereinafter called the "Lands". B. The Ratepayer is the owner of the Lands and at all material times has been and is shown as such on the assessment roll of the Town. C. A tax arrears certificate was registered against the title to the Lands in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Instrument No. 0382168 on February 26, 1992. A copy of the tax arrears certificate is contained in Schedule "B" hereto. D. The Ratepayer has agreed that the amount of the tax arrears shown in the tax arrears certificate referred to in Recital C is correct. E. The Town has not received payment of the "cancellation price" as provided for by the Municipal Tax Sales Act, R.S.O. 1990 c. M-60 (the "Act") except for payment of the amount of two thousand dollars ($2,000.00) by the Ratepayer to the Town on execution of this Agreement. , < "I Page 2 F. By letter dated December 29, 1992 a copy of which is contained in Schedule "e' hereto, the Ratepayer has requested that the Town enter into this Extension Agreement pursuant to section 8 of the Act. G. The Town Council has approved the making of this Extension Agreement at its meeting held on January 25, 1993. H. This Extension Agreement is made pursuant to the provisions of section 8 of the Act and is authorized by By-law No. 93-23 passed on January 25, 1993, a copy of which is contained in Schedule "D" hereto. (To be annexed when enacted) NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the other, (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. In this Extension Agreement the term "cancellation price" has the same meaning as it has in the Act. 2. The Ratepayer represents and warrants to the Town that each of Recitals A to F of this Extension Agreement is correct. 3. The Ratepayer acknowledges and agrees that the amount of the tax arrears shown on the Tax Arrears Certificate contained in Schedule B is correct. 4. The period of time in which the cancellation price is to be paid is extended for the period during which this Extension Agreement subsists. This Extension Agreement shall subsist so long as each of the payments set out below is made to the Town in accordance with this Extension Agreement on or before the dates set out below opposite the respective amounts to be paid: S Amount $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 ~ February 15, 1993 March 15, 1993 April 15, 1993 May 15, 1993 June 15, 1993 July 15, 1993 August 15, 1993 ... Page 3 $2,000.00 $2,000.00 $2,000.00 $2,000.00 The amount which is equal to the balance of the cancellation price required to be paid pursuant to the Act September 15, 1993 October 15, 1993 November 15, 1993 December 15, 1993 December 31, 1993 All payments shall be made by certified cheque, money order or cash delivered to the Town's Treasurer at the Town's Administrative Centre, 40 Temperance Street, Bowmanville, Ontario during the Town's regular business hours. 5. In the event that any of the payments referred to in paragraph 4 of this Extension Agreement is not made in accordance with paragraph 4, thereupon this Extension Agreement shall cease to subsist for the purposes of the Act. 6. The Parties acknowledge that any person may pay the cancellation price at any time. 7. This Extension Agreement shall terminate upon payment of the cancellation price by any person. 8. " The Ratepayer shall not assign this Extension Agreement to any person and shall not register this Extension Agreement against the title to the Lands. 9. Time shall be of the essence of this Extension Agreement. IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal by the hands of Its proper officers duly authorized in that behalf and the Ratepayer has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF NEWCASTLE i!tj;Af/56;~L / Mayor: Dia Ham~ In the presence of: THOMAS GUS ANNIS (seal) SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 93-23 of the Corporation of the Town of Newcastle, enacted and passed the 25th day of January, 1993. LEGAL DESCRIPTION OF LANDS Part Lot 16 in Block 'T', Plan Hanning, formerly Town of Bowmanville, Town of Bowmanville, Town of Newcastle, Regional Municipality of Durham as last described in Instrument No. N37255 and more particularly described as follows: ALL and Singular that certain parcel or tract of land and premises, situate, lying and being in the Town of Bowmanville in the County of Durham and Province of Ontario, and being composed of part of town lot number 16 in Block 'T' situate on the south side of King Street and west side of Division Street in the said Town of Bowmanville and which is more particularly known and described as follows, that is to say: COMMENCING at the north east comer of the said lot number 16 and at a point where the south limit of King Street in the said Town of Bowmanville is intersected by the west limit of Division Street; THENCE in a westerly direction along the south limit of King.Street 20 feet and 4 inches to a brick building; THENCE in a southerly direction parallel with the said Division Street 165 feet to the northern boundary of lot number 107 in the aforesaid Block 'T'; THENCE in an easterly direction along the northern boundary of the said lot number 107, 20 feet and 4 inches to the west limit of Division Street; THENCE in a northerly direction along such westerly limit of said Division Street 165 feet more or less to the place of beginning containing by admeasurement twelve perches more or less, according to a plan of the Village of Bowmanville in the Registry Office for the Registry Division of the West Riding of the County of Durham which plan was made by John Grant P.L.S. and was registered on the 20th day of April, 1852. SUBJECf to a right-of-way over the southerly 15 feet from East to West of the lands hereinbefore described. SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 93-23 the Corporation of the Town of Newcastle, enacted and passed the 25th day of January, 1993. TAX ARREARS CERTlFICA~ [ATTACHED] SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 93-23 of the Corporation of the Town of Newcastle, enacted and passed the 25th day of January, 1993. LETTER DATED DECEMBER 29. 199~ [ATIACHED] -.. .' ~ ~.,; dLLd\lCU'lJ:.UJ. "4 .' .~' . . ,."".,p .O.Box J, Bowmanv1:}.le, Ontar-lo.. LIC JK8 "~HAim DELIVERED: . . December 29,1992 Ruth Swan,. '. Ta)t Collector,. The COl""Oorat10n of the TOh~ of~Newcastla, .. ....40 Temperance Rt., Bowmanv111e';Ontarlo. I.IC)KG . . . i ..,., . "','>..-' . ~ ." ~ ~ . ~9 r . Ms<Slii.en:. , '. ,.. ..... " .,.... '. .., .'. . . ., ,~~,.::.'~~~/";..':i~ (, RS: \.;:-~... .F~r.8l'!~ot-fc'e' att.ached her~to Int:!t.!'um~r.t,",.NO.t0?255 .. . "''''-~'''~''~ ." . j "~"'~"~"."~1 ., j""',,:",.~~t~.. ':'.~~.':...) .:..~'I"".. .':,..: ..-.~ ......-..: ?urs'uant tu our tel~phone conver8a.t~on of D~cemberI7, }'S92,r>le~se be 2ov1sec 88 follOWS: I. That 1972 was the lest yeer of 2 7.ero bF.lance of tpxes o\-l1r.g here1n. 2. That you agreea to provide a br-p.e.kc OKn of the c.11egeo tax 8r-rears consist1ng of oebits E-11(. crecits for the years ::L972 to I992. 3. The.t commencing Janu~'ry 15,1193 i -will pay the sum of t.2,00C.OO monthly on the uncetermilJec t8X er!"'eFrs 2r:c. to do this I will re;Ju1ra an extension c.g~ement 21lm'11ng same. 4. Me.~y years agoLrB~uestec this iLfol~ation but I receivec only apartiol accounting in writing of the.elleged t2X e.r~?rs. 5~' I believe ths.t there 1s an er~r of your brought fowworci bE:tlence between the ye'ers 1972 to 1992S1.s your acco~nting . \':8S mixed lArith other reE-.l estc:te properties in thE: est&te ." and also with the business .texes levied on threeclfferent busine5ses O~ the subject property, 60 I have commenced my own accounting for the period 1972 to 1992 and. I trust thet our calculations will coincideo 7 . Thc.nklng you 1n a.cvBDce for your anticlpatec co-operation, 1 r0~aln,Yo~~struly, .../'../~.""~'/'7 ~ . /. ~~V' '.. UT~. . ..~~.:'~..:..?>.. .., ,.::~~:\~.; ~ --;~t{!r~f::~::!.' . .~ ;:",;';:".. .r~i~":;'''.: .tr;~t~:;~f" .--..' ..... : \, ~ ~. : <;i~.~t~';~)...:::.. .. . ;', 0.' ~:.',) .ZJ;:t;,;./~ .;~$;;;j~t:~~i.~i~i;~:;~: ":"';;'!i~;'i)..'~'r;:, , . . ; . . ,. SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 93-23 of the Corporation of the Town of Newcastle, enacted and passed the 25th day of January, 1993. BY-LAW NO. 93-23 [AITACHED] "