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Home My WebLink About84-70 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-70 being a by-law to authorize execution of quit claim deeds and other documents relating to the removal of one-foot reserves on Darlington Street and Tanglewood Court in the Sucee Subdivision THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, quit claim deeds and other documents relating to the removal of one-foot reserves on Darlington Street and Tanglewood Court, in the Sucee Subdivision, more particularly identified as being Lots 5, 6, 7, 8, 9 and 10, in the Sucee Subdivision. By-law read a first and second time this 14th day of May 1984. By-law read a third time and finally passed this 14th day of May 1984. .~~~~/' Mayor / f [lL'~:Y(r:-~d.IJ~. erk I File No.(oQ-,..~~_:JLL_._] --.-.-.-' _C1!a;i;'g";;n ONTARIO .. April 19, 2000 -,.: ., , .. )' Mr. Irwin Hamilton Hamilton & Mutton 1 Division Street P,O. Box 39 Bowmanville, Ontario LIC 3K8 -~-------n--DeaI-Mr..HamiltQlJ.=--~,~__, RE: QUIT CLAIM OF 0.3 M RESERVE, BLOCK 17, PLAN 10M.;748 6 TANGLEWOOD COURT, BURKETON Enclosed please find the above noted Transfer/Deed of Land documents duly signed by the Mayor and Municipal Clerk. Please have the attached documents registered at your earliest convenience and provide us with an original copy. Thank you for your cooperation in this matter. Yours truly, Heather Jones, A.M.C.T. Confidential Secretary to the Clerk, cc: A.S, Cannella, Manager of Engineering , CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE . ONTARIO' L1C 3A6 ' (905) 623-3379 ' FAX 623-4169 WE BS I T E: www.municlpalily.claringlon.on.ca i~:, ~"--' \ ~ Sc1- 70 --~---~~ . @ RECYCLED PAP(R THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 'OOAPR13 Pi1 4;19:~j7 Memorandum To: Patti Barrie, Municipal Clerk From: A,S, Cannella, Manager of Engineering, Public Works Date: April!!, 2000 Subject: QUIT CLAIM OF O.3M RESERVE, BLOCK 17, PLAN 10M~748, 6 TANGLEWOOD COURT, BURKETON In accordance with the subdivision agreement for the above noted project, and subsequent Report WD-47-84 (attached), please have the enclosed document executed by the Mayor and Clerk. The document provides for the transfer of O.3m reserve Block 17 on Plan 10M -7 48 from the Municipality to the abutting lot owner (Lot 7). In accordance with report WD-47-84, authorization to release this block has been granted by By-law 84-70. As such, please execute the attached documents and forward them to Irwin Hamilton's office for registration. Dennis Hefferon has reviewed the documentation and is satisfied with its content. Please advise me when this has been completed, Should you require further infonnation, please contact the undersigned. otg-rRiBu"nON (;'l ERK ~i ....,1>6 l..at UJIlll ,H-:''''''~''~'''''' lACK. BY -' ". ,"''''''.>'' I I I nD1GmAl. 11)0__,_". ~ Uftf . ' r-~ -ciifES tot ' .....' A,S. Cannella, Manager of Engineering ASC/wc attachment <- ....... -~ ---1 I I '.:,..' _,.,_. _& l' ,...':' -~- '""'",,:':=--~ .....,""~,"(_... -~ t,. ,.,.,~""'-""""''''H_'''''r' ...<< "''''-1 .,..,......_~.,..,'1:.....,.."".--..'1 <."",,.,., . .'.'~""":,:",,,,'L:._,,_;....,...}j,;h' \ ~ ~ Province of Ontario Transfer/Deed of Land Form 1 - Land Registration Reform Act Do Process Software Ltd. . (416) 322-6111 (1) Registry 0 (3) Property Identifier(s) Land Titles IX! (2) Page 1 of 2 pages Block 26742 Property 0177 (LT) Additional: See D Schedule (4) Consideration >- ....J Z o W CJ) ::> w o u:: LL o 0:: New Property Identifiers o TWO----------------------------------------------- Dollars $ 2.00 (5) Description This is a: Property D Property Division Consolidation 0 Additional: See Schedule Block 17, Plan M-748 Municipality of Clarington D Regional Municipality of Durham Executions Additional: See D Schedule (6) This (a) Redescription (b) Schedule for: Docu~ent New Easement Contams Plan/Sketch 0 Description 0 (7) Interest/Estate Transferred Additional Fee Simple Parties 0 Other D (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that Date of Signature Signature(s) y ~ M 1 D .................................................................................1...............)"......!....... (10) Transferor(s) Address 40 Temperance Street for Service Bowmanville Ontario LIC 3A6 (11) Transferee(s) Date of Birth : Y : M : D GEBHARDT David James i 1967 109 ill ..........................~............................................................................................................................................................................T..............r...'.r...... .........................................................................................................................................................................................................r-......---....-r-...'.J"....... ......,..,.................................. ............................... ..... ..... .......................................... .................. ......,... .... ........ .............. ............. '''''''r'' ...........r..... t... ... (12) Transferee(s) Address for Service 6 Tanglewood Court, Blackstock (Burketon), Ontario LOB IBO (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y iMiDi Y iMiD Signature ........ ..... ............................ ..... ...............1.... ..........1....... L... ..1 Signature ., .............. ............. .......... ............. ...............L........... ...1.......1....... ;i Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made Inquiries of the transferor to determine 5 that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief, this transfer ~ does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature a. Name and , Y ,M, D o Address of . : :: I Solicitor Signature ................. ............ .......... ............ ........... .....1. ...............1..... ..1....... ~ Cll (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal .~ <ii" no contravention as set out in subclause 50 (22) (c) (Ii) of the Planning Act and that to the best of my knowledge and belief this transfer does not E ~I ~ contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing, (1l -.!ill! a: ~~gJ El!!u .!!t-~ ~2'" .l;~e ~:s.!~ '0 (j) Name and Address of Solicitor Date of Signature . i Y 1 MiD Signature ................. ............. ........ ......... ................ ....J.. ..............i.......L...... (15) Assessment Roll Number of Property (16) Municipal Address of Property i 01. i Mun.: Map : Sub. Par. 118117 I 010 ! 150 27025 not assigned (17) Document Prepared by: IRWIN A, HAMILTON HAMIL TON & MUTTON 1 Division Street P,O Box 39 Bowmanville, Ontario LIC 3K8 FILE:2I605 ~ z o Registration Fee w rn ::l w () u::: lL o cr o Fees and Tax Land Transfer Tax 6 Tanglewood Court Blackstock (Burketon), Ontario LOB IBO Total Document prepared using The Conveyancer Do Process Software Ltd, . (416) 322-6111 Page 2 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act (Insert brief description of/and) Block 17, Plan M-748, Municipality of Clarington, Regional ReIer to all instructions on reverse side. IN THE MATTER OF THE CONVEYANCE OF Municipality of Durham BY (print names of all transferors In full) The Corporation Of The Municipality Of Clarington TO (." In.truetlon 1 ,nd print n,mes of,1I trllnsferees In full) David James Gebhardt I, (see Instruction 2 and print name(s) In full) IRWIN HAMIL TON MAKE OATH AND SAY THAT: 1 . I am (placflll clear mark wIthin the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (sefl/nstructlon 2) ~ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; X (d) The authorized agent or solicitor acting in this transaction for (lnsertname(s) ofprlnclpal(s)) David James Gebhardt described in paragraph(s) ~, 00, (c) above; (strike out references to Inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director or Treasurer (Insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to Inapplicable paragraphs) D (f) A transferee described in paragraph ( (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (Insert name of spouse) who is my spouse described in parawaph ( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to, 2, (To be completed where the value of the consideration for the conveyance exceeds $400,000), I have read and considered the definition of "single family residence" set out in clause 1(1)Oa) of the Act. The land conveyed in the above-described conveyance ~ contains at least one and not more than two single family residences. Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per does not contain a single family residence, cent upon the value of consideration In excess of $400,000 where the conveyance contains more than two single fam i1y residences. (...Instruction 3) contains at least one and not more than two single family residences. 3, I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see Instructions 4 and 5) None 4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION is ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash , . . . , , , . . , . . . . , . . . . . . (b) Mortgages (I) Assumed (show principal and Interest to be credited against purchase prIce) (ii) Given back to vendor . . . , . , (c) Property transferred in exchange (detail below) . . . . . . . . . . . . . . (d) Securities transferred to the value of (detail below) .,.......... (e) Liens. legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) . . . . (g) VALUE OF L,AND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) . , , . . . , . . . . (h) VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax Is payable on the value of all chattels unless exempt under the provisions of the "Retail Sales Tax Act", R,S.O, 1980, c,454, as amended) . $ (i) Other consideration for transaction not included in (g) or (h) above . $ (j) TOTAL CONSiDERATION. . . , , . . . , . . . . . . . . . $ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see InstructIon 6) see no, 7 below 6. If the consideration is nominal, is the land subject to any encumbrance? n/a 7. Other remarks and explanations, if nec~ssary. This conveyance is given to remove the one foot reserve. .$ .$ .$ .$ . $ .$ .$ 2.00 Nil Nil Nil Nil Nil Nil All Blanks Must Be Filled In. Insert "Nil" Where , , . . . $ 2.00$ 2.00 Applicable Nil Nil 2,00 Sworn before me at the Municipality of Clarington in the Regional Municipality of Durham this day of February 2000 YVONNE WIllY BURGESS, a CommissIoner, Regional Municipality of Dumam, for . Mutton Barristers and Solicitors. Expires September 6, 2 Property Information Record A. Describe nature of instrument: Transfer/Deed of Land B, (i) Address of property being conveyed (If available) 6 Tanglewood Court, Blackstock (Burketon), Ontario, LOB IBO (Ii) Assessment Roll No, (davailable) 18 17010 15027025 C. Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (see Instruction 7) 6 Tanglewood Court, Blackstock, Ontario LOB IBO D. (i) Registration number for last conveyance of property being conveyed (lfaval/able) (ii) Legal description of property conveyed: Same as in 0.(1) above. Yes 0 E. Name(s) and address(es) of each transferee's solicitor IRWIN A. HAMIL TON, HAMIL TON & MUTTON 1 Division Street, P,O Box 39, Bowmanville, Ontario, LIC 3K8 FILE:21605 For Land Registry Office Use Only Registration No. Registration Date Land Registry OffIce No. NoD Not known D School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes 0 No 0 (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes D No D (c) Do all individual transferees have French Language Education Rights? Yes D No 0 (d) If Yes, do all individual transferees wish to support the French Language School Board (where established) ? Yes 0 No 0 NOTE: As to Ic) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed In (a) and (b). 04490 (90-09) 1(j1-~ ,/ . . a -':<D-I D CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1 JO R. DUPUIS, p, ENQ" DIRECTOR TEL. (416) 263-2231 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 7,1984. REPORT NO.: WD-47-84 .y SUBJECT: ONE-FOOT RESERVES SUCEE SUBDIVISION RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That a by-law be passed authorizing the Mayor and Clerk to execute on behalf of the Town, quit claim deeds or any other documentation necessary for the removal of the one-foot reserves on Darlington Street and Tanglewood Court in the Sucee Subdivision, as required for each lot being sold; and, 3. That Mr. Sucee and his lawyer be advised that in the offers of purchase and sale for Lots 5, 6, 7, 8, 9, and 10, in the Sucee Subdivision and subsequent finalization of the transactions, appropriate transfers of the one-foot Town-owned reserves should be prepared for execution by the Town. ...2 .. . . Page 2 REPORT NO. WD-47-84 REPORT: The attached plan illustrates a situation which exists in the Sucee Subdivision in Burketon. Lots 5,6,7,8,9, and 10, are created through the Sucee plan of subdivision. Tanglewood Court and Darlington Street are dedicated as road allowance through registration of the plan. Blocks 14, 15, 16, 17, 18, 19, 20, and 21, are reserves in the name of the Town of Newcastle. Until completion of Tanglewood Court and Darlington Street, and their acceptance by the Town, they remain as unassumed roads which creates a problem. As individual lots are being purchased, the lawyers are finding a one-foot strip of land owned by the Town between their client1s lots and the road allowance. Thus, their client's lots are land locked and in many cases mortgage companies will not advance funds. The reserves were put in place to ensure that all conditions of the subdivision agreement would be satisfied prior to sale of lots and erection of buildings. This assumed that all of the works, i.e., the street, etc., would be in place and accepted by the Town prior to the sale of lots. Unfortunately, for reasons of cash flow, the developer finds it necessary to sell lots prior to acceptance of the road as a "public" road. ...3 / / . . Page 3 REPORT NO. WD-47-84 To take this fact into account, it is felt that the best method of dea 1 in 9 with the prob 1 em is for the Town to qu..~_~,,_, claim the reserves to the lot purchaser at the time the .....___~~.,~~_c..._._.~_....<~...."..,_.~r_....~""~"...'.N.."_~'_'~ transaction is being processed. Such quit claim will not take place until Town departments are confident that the subdivision agreement is being satisfactorily addressed. To avoid the necessity of a report such as this each time a lot is sold, it is being recommended that authorization be given to the appropriate municipal officials to process the necessary documents, as required. ...... ..~_........ ......."."."._ ..".........--'00. .,,_-=--_,,_.__~. It is expected that preparation of legal documents and their registration will be the responsibility of the developer's 1 awyer. Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. RGO: jco Apri127, 1984. I, r" r :; I I ;v - , I . p.~ F?~' \O~.322 ~~ ~ 1,'t~.t &::"0 , () R - ../.f-' I / t~. ;;-b~~~!~\' ,: .,: ~ ""'" 8 .. __~~.545 N 73 0 0 ~oo~E--- 7 68!l80 /. #.--;:-t. '!I" .\\ . '!IO \ 0 1.1 ../~ ..1. /' -=> /~ R r -'-.-\ 1'4720 43'00"E 147. .43 2.27.~97 \\8736 N!l90 \!l' 40"E 9 : ":::";;1;;;>~., . o '0 P~<T c. o~\, ... . 1-". .0 o !P. .#~ it . \ $0 \ o. ~ ~B ~~\ ~r' ,\ -/"", -;. t.~OoS'..~.i~ 0\ ....ell ~.-;~~i 'b,CS' '. .f. Q ~ o~o'- , L..- /j (') C '-./ ., ~~ zi -:ID _10 .....;0 o I!!' o. .' 5 6 .. I'" 9 f ,_I, , I -, ~c.J3 \' '(,-1'-'. :...1- O. ,~',. -r~SI80 , ; ~6~\ ~...~ _'=-_~ ~ ~'''"c'<' ... .;.~.. . -z . '0'" e. , ,,-:' C'~ \ ..' . &8.580 ~- ~ \\ 1) .._ . ',,0.'. ~ ~ -. N72043'OO"E 0.330 .-. " ,\ ......... 18.5'0 N720 43' 00. gg.lS37 E I' ". .,'.i" :-,-.,. -,.......,.. :;,:~,~ '>,""i<~,~:.; .'~.:::.""~.-:.---- _._--. -- . ~;; THE CORPORATI ON OF THE TOWN OF NEWC~lLE BY-LAW 84-70 / being a by-law to authorize execution of quit claim deeds and other documents relating to the removal of one-foot reserves on Darlington Street and Tanglewood Court in the Sucee Subdivision THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, quit clai.m deeds and other documents relating to the removal of one-foot reserves on Darlington Street and Tanglewood Court, in the. Sucee Subdivision, more particularly identified as being Lots 5, 6, 7, 8, 9 and 10, in the Sucee Subdivision. By-law read a first and second time this 14th day of May 1984. By-law read a third time and finally passed this 14th day of May 1984. ,:::~/ /~ ......-C,/ _;>..-"-~ /) /.' _ / ~ .;:.:..--.. --", ,.., L: '~,,",-,'c::'__/_... ~L-<--e: .r.~ ~. c.. Mayor / ,j, / //'"~, r J '- - ( .( ( Clerk (\ , '/ ). (yt ~:,-.