HomeMy WebLinkAbout97-109 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-109
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and 579276 Ontario Ltd.
pursuant to the provisions of Section 8 of the Municipal Tax Sales Act.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT the Mayor and Clerk are authorized to execute on behalf of the Corporation of the
Municipality of Clarington an Extension Agreement referenced by Report TR-38-97 and
authorized by the confirming By-Law #97-105 provided that the Extension Agreement is
executed by all parties thereto on or before May 15, 1997.
By-Law read a first and second time this 26th day of May, 1997.
By-Law read a third and finally passed this 26th day of May, 1997.
Mayor
Clerk
r `
THIS EXTENSION AGREEMENT made as of this 12th day of May 1997.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the Municipality)
OF THE FIRST PART
- and
579276 ONTARIO LTD.
(hereinafter called the "Ratepayer")
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 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 municipality.
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. D470604
on May 16, 1996. 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 Municipality 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. By letter dated (by facsimile) May 7, 1997 a copy of which is contained in
Schedule "C" hereto, the Ratepayer has requested that the Municipality enter into this Extension
Agreement pursuant to Section 8 of the Act.
G. This Extension Agreement is made pursuant to the provisions of Section 8 of the
Act and is authorized by By-Law No. #97- passed on May 12, 1997 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 dollars
($2.00) of lawful money of Canada, now paid by each Party to the other, (the receipt of 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 Municipality that each of Recitals A
to F of this Extension Agreement is correct.
s
Page 2
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 the amount which is equal to the cancellation price required to be paid
pursuant to the Act is paid to the Municipality on or before September 12, 1997.
All payments shall be made by certified cheque, money order or cash delivered to
the Municipality's Treasurer at the Municipal Administrative Centre, 40 Temperance Street,
Bowmanville, Ontario during the Municipality'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 acknowledges that each provision of this Agreement and its recitals
is authorized by law and that this Agreement is executed by the Municipality in reliance on the
Ratepayer's acknowledgement in this regard.
9. The Ratepayer shall not assign this Extension Agreement to any person and shall
not register this Extension Agreement against the title to the Lands.
10. Time shall be of the essence of this Extension Agreement.
IN WITNESS WHEREOF the Municipality 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 THE CORPORATION OF THE
DELIVERED MUNICIPALITY OF CLARINGTON
Mayors Diane Hamre
LI-Z 777 Clerk: Patti Barrie
57927 N O LTD.
a
I y Name
ti
s
SCI E-RULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
LEGAL DESCRIPTION OF LANDS
THOSE ter&and premises located in the following municipality, namely, in the Town of
Newcastle,in the Regional Municipaiity of Durham,formerly in the Towitshlp of Clorke;'in
Ili 0ai ty of Durham
and being composed of Part of Lot 23 in the eighth 0000 slon of the said Town of Newcastle,
formerly Township of Clarke,being more parttculnrly descrlbod as follows:
Un Y.
COMMEf1CiNO at a point in the westerly bourxbry of said lot 23, dlstmt 893.64 feel
rriae9iire�north 17 deg e'es 27 mfnu'tes 50 seconds west along the west arty boundary of:mid
Lot 23 from a alandard iron bar marking the with west corner of.said Lot 23;
THENCE north westerly 287.43 feet on a curve left of 1960.08 feet radius, the chord
equivetent being 287.17 feet measured north 13 degrees iS minutes 27 seconds west to a
Deportment of Highways Monument;
TH E Ka north 17 ekes 27 minutes 30 sew west 218.95 feet to a Department of
Hig,`iways Monument;
THENCE north 17 aVees 32 minutes west 331.84 feel In a point;
THENCE north 72&Tees 18 minutes east along a line of fence 50 feet to a point being the
POINT OF COMMENCEMENT of the dcxription of the lerxb being dum.eribed;
THENCE north 17 degrees 32 minutes west along the easterly limit of the Proyirrlal
Highwe;/250 feel;
THENCE north 72 degrees 18 minutes east 200 feel;
THENCE south 17 dogrees 32 minutes cast 250 feet;
THENCE south 72 degrees 18 minutes west 200 feet to the Owe of beginnlra
SECONDLY:
BEGIN at o point In the westerly bounoory of Lot 23,distant 893.60 feel,measured north
f 7 degrees 27 minutes SO seconds west along tho westerly boundary of said Lot 23'fra,i o
ctwndard Iron bar mark Ing lho south wool oornor of Lot 231
THENCE north westerly 287.43 feet on o curve left of 1960.08 feel radius, the chord
equivelent being 287,17 feel measured north 13 degrees 15 minutes 27 s=nds west to e
Department of Highways Monumont.
THENCE north 17 degrees 27 minutes 30 =. nds west 218.95 feet to a Deportment of
HiVmysys Monument.
THENCE north 17 degree 32 minute wrest 331.84 feel to a point;
THENCE north 72=rces 18 m Inutes cost along o line of fence SO feel;
THENCE north 17 degrees 32 minutes west olong the easterly limit of Provincial Highway
250(ecl TO THE POINT CF COMMENCEMENT.
THENCE north 17 degrees 32 minutes west along said essterly limit of Provincial Highway
25D feel;
T,fENCE xrth 72 deg''-ts 18 minutes esst 200 feet;
THE�a:mouth 17 des ees 32 minutes east 2SO feet;
TtifN^.r cnilh 77 roc tr,min o wnri''?nr)fW TO THE Pr)MT of ryY!MMe'lMrWT
SCIIEDULI� "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
TAX ARRE LIIS CERTIFICATE
r� Pr°�^00 Document General
O narlo
Form 1—Municipal Tax Salo&Act,R.S.O.1990.C.M.60.R.R.O. 1990,Rog.024
Form 4—Land Rogistrolion Reform Act,R.S.O. 1990,c,L.4,R•R,O. 1990,Rog.680
(1) Registry Land Titles [3 (2) Pops t of pages
;3
(3) Property Btock Property
Idontillor(s) Additional:
So° ❑• `=' �-� Schodulo
(4) Nnluro of Document
=' c= 7 Tax Arrears Certificate Form 1 — Munlc/pal Tax Sales Act
cv r-1
O to `�, (5) Consideration
Cy_ s ...
i w`y C10 `` z NIA Dollars$ ` -- N/A
0 G .—t y (6)Description
Part of Lot 23, Concession 8
Ce P_
Geographic Township of Clarke
:') Mtlrlicipnlily or Clarington
" liegi"nal Municiprtlity of Utu•Itnn1
Now Property Identifiers as "lore particularly deseribcd in Inatr•unlent Nu, 147875
Additional: {
Soo ❑Schedule
Executions
Additional; (7) This (°)Rodoscription (b) Schodulo tor;
Son Document Now Ennomonl Additional
Schodulo ❑ Conlnlns; plan/Skolch
❑ Description Parties ❑ Othor ❑
(e) This Document provides as lollows;
The person signing In Box 10 hereby certifie6eat all or part of lax arrears in the amount of .,••,
owing on the 31st day of December, 19 ,, 5 S43,95431 additional real••••••••• .. were
costs is still owing tot a municipality or board named In Box 0 and ahatt part
the land described Plus
n this document will be sold byypublic Salo
If the cancellation price Is not paid within one year following the date of registration of this document.
Notes:
A. The time period for paying the cancellation price may be extended if the municipality or board authorizes an extension agreement
with the owner of the land before the expiry of the one-year period.
B. The cancellation price will be calculated as of the data that the amount of the tax arrears are paid to the municipality or board and
will be higher than Cie amount sot out above.
C.
It there Is no successful purchaser at the public sale,the land,upon registration of a notice of vesting,will vest in the municipality
or board.
D. Any Inquiries relating to this matter may be directed to the municipality or board named In Box 10 at the address shown in Box 11.
Continued on Schedule ❑
(0) This Document relates to Instrument number($)
NIA
(10) Perty(los)(Sol out Status or Interest)
Name(s) l Y of SigMa ur D
�/�
Date 1 °
.... VVV
,•,Signatures).
Tl11" C01t1)01OV1'ION 0F TlIL 13Y; RUTH SW N 1906 04 17
h1UN1�11'�L1:I'X.Ai',�4,AIt,)NC1'QN............. TAX COLLECTOR
Treasurer or Authorized Officer
(11) Address 4.0 TEMPERANCE STREET,BOWMAN VILLE,
for Service
(12) Porty(1 03)(Sot out Status or Interest)
Dais of Signature
Name(s) Signature(s) Y M D
..... WA.
(11) Address
I.,Sorvlcd N/A
(14) Municipal Address of Property (15) Document Prepared by! Fees and Tax
8271 Highway #35/115 Treasurer Registration Foe 7
Orono,Ontario Municipality or Clarington
4.0 Teulper•nnc"Struct
Bowmanville, Ontario
L1C 3AG $
Tolol
Municip,d world —Fam 2o1 lr+9j�
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
LETTER DATED (by facsimile) May 7 1997
14 E:D 1 4
K.3 T B R O C _ -
R _ V C E IJ T H E
579276 Ontario Ltd.
x' ,2.'.' P.O. Box 292 '
4 Sunderland,
Ontario
f
LOC 1HO
i
t7{Cation• Ruth Swan
i'"-;ipality of Clarington
r' emperance St.
ii :• �,�S.,ranvi lle, ON
fl. i
$fit ROLL # 18-17-030-070-06700-0000 f
4:..;. "•�s��r:•Ruth, �• .
.A.,
T= �.spectfully request that arrangements be made for me to ,
, 01hd the Council meeting on May 12 at 7:OOpm. I wisii 'r,<i `
Less council concernin
9 the
taxes on the above said pr"'4'.ty,
#�
0 are aware from our recent telephone conversation;;,:th 's
t .
Rrgperty has been tied• up in a litigation matter.
f e contact me if you wish, at the following #,(905)
'L n'=-You.
f fkd Haight
??,
All it.
�j�i%''�i r� ,rl'.,. GG+� �.•. CrY'�r`�°i�d-!' r
G!• {� o r
''
4.
HF
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
BY-LAW NO. 97-
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and 579276 Ontario Ltd.
pursuant to the provisions of Section 8 of the Municipal Tax Sales Act.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT the Mayor and Clerk are authorized to execute on behalf of the Corporation of the
Municipality of Clarington an Extension Agreement provided that the Extension
Agreenietif is excei.ited by all parties hereto on or before May 1.5, 1997.
By-Law read a first and second time this 12th day of May, 1997.
By-Law read a third and finally passed this 12th day of May, 1997.
Mayor
Clerk
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and 579276 Ontario Ltd.
pursuant to the provisions of Section 8 of the Municipal Tax Sales Act.
NOW THEREFORE BE IT ENACTED BY TIDE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT the Mayor and Clerk are authorized to execute on behalf of the Corporation of the
Municipality of Clarington an Extension Agreement provided that the Extension
Agreement is executed by all parties thereto on or before May 15, 1997.
By-Law read a first and second time this 12th day of May, 1997.
By-Law read a third and finally passed this 12th day of May, 1997.
Mayor
Clerk