HomeMy WebLinkAbout97-142 r
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97- 142
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and Bruce James
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
Agreement is executed by all parties thereto on or before June 30, 1997.
By-Law read a first and second time this 23rd day of June, 1997.
By-Law read a third and finally passed this 23rd day of June, 1997.
Mayor
erk
Appendix "A"
THIS EXTENSION AGREEMENT made as of this 23rd day of June 1997.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the Municipality)
OF THE FIRST PART
- and
BRUCE JAMES
(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. D490716
on April 7, 1997. 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.Q. 1990 c. M-60 (the "Act") except for payment of the
amount of one thousand ($1,000.00) by the ratepayer to the Municipality of Clarington on
execution of this Agreement.
F. By letter dated June 12, 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 June 23, 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.
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.
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 each of the payments set out below is made to the Municipality in accordance
with this Extension Agreement on or before the dates set out below opposite the respective
amounts to be paid:
:..:.r..:...:......:.....................
Arad
<:>::<::>::<::::::::::::::>:><<
$1,000.00 June 30, 1997
300.00 The 4th day of each month
commencing on the 4th day of
August 1997 and ending on the
earlier of (i) July 4, 1999 and
(ii) the date upon which the
lands are transferred by the
Ratepayer.
The amount which is equal to the cancellation The earlier of (i) July 4, 1999
price required to be paid pursuant to the Act. and (ii) the date which the lands
are transferred by the Ratepayer.
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.
Page - 3 -
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
Maor:
y Diane Hamre
eputy Clerk: Marie P. Knight
BRUCE JAMES
Name
SCHEDULE "N'
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 23rd day of June 1997.
LEGAL DESCRIPTION OF LANDS
Part of Lots 23 and 24, Concession S
Geographic Township of Darlington
Municipality of Clarington
Regional Municipality of Durham
as described in Instrument No. D409393
(see attachment)
Or
Jciieume
V� Onlorlp
Form S —Land Replstrallon Reform Act, 1984
^Rae ?.^o f
Jtoperty ldentiller13) and/or Other Information
=RIPTION: ( 5 ) continued
��aaa3ssaaa..a====saasaaan as
All and Singular that certaiti parcel or tract of lane/ rind preilliso-,
situate, lying and being in the 'Town of Newcastle:, formerly
of Darlington, in the County of Durham, now the Regional Municipality
of Durham, and being composed of those parts of lots 23 and 24 in the
fifth concession described as follows:
PREMISING the southern limit of said Lot 24 to have a bear.itig or Nc�rUl 7l
degrees 45 minutes 30 seconds East and relating all bearings hercLn
thereto; then;
COMI•IENCING in the western limit of said Lot 24 at the point thurei.n
which is 27 .43 feet from the south-western corner of the lot;
THENCE north 18, degrees 7 minutes 30 seconds west, 632 ' 7" ill Lhe wr. :;I.vrrl
limit of the lot to the intersection with the line of a fence rurrrtirlg
easterly;
THENCE on a general bearing of north 71 degrees 34 mirluto:; 30 :;cccllulr;
east in the line of the said fence 1,979 feet 10 inches to the centre
line of said lot 23 as marked by a fence;
TIIENCE on a general bearing of south 17 de(reas 411 ini rrut•es
line of the last mentioned fence 65U feet 2 3/4 illches to the nori:horn
limit of the lands expropriated for the widening of the read hvi.wcen ;;n icl
Concession 5 and Concession 4 as shown on tile 01111 rft t:nchcd t:o I hu
Instrument registered on the 11th day of December, 19!io; as number 7697 .
THENCE South 71 degrees 44 minutes. 40 seconds west along said �torl•Itern
limit 394 .97 feet;
TIIENCE north 18 degrees 11 minutes 50 seconds west 214 feet to an irolt
pipe planted;
TUENCE south 71 degrees 44 minutes 40 seconds west 19t] feet to an iron
pipe planted;
TIIENCE south 71 degrees 45 minutes 30 seconds west: 198 feet;
THENCE south 18 degrees east 212.91 feet to the northern limit of said
expropriated lands;
THENCE south 72 degrees 12 minutes 40 seconds west along said northern
limit 1, 185 .34 feet to the place of conuneucement;
SAVE A14U EXCEPT Parts 1 and 2 on licference t'lan 101t-1035
for the 'Town of Newcastle, Regional Municipality of Uurila,n
SAVE AND EXCEPT Part of Lot 24 , Concossion 5 , in the 'vows of N*,,wc;asl:lc,
formerly Township of Darlington, in the County of Durham, rrow Itegioltal
Municipality of Durham, more particularly described as follows :
PREMISING that the south limit of Lot 24 has a bearing of Nortir 71
degrees 41 minutes 30 seconds East and relating all bearings herein
thereto, then;
COMMENCING at an iron bar planted in the interior of the said Lot, which
iron bar may be located as follows:
Beginning at the South West angle of said Lot 24 ;
THENCE North 18 degrees 7 minutes 30 seconds t4est, along tllc Wr ,l J ilni t: <,!
said Lot a distance of 27 feet 5 1/8 inches to the north limit of 'Taunton
Road as widened;
cont'd ----
i
+
M
bdiedufe
Form S—.Lend Re9184e1e0n Reform Act, 1984 r
V
Pl9e
.onal Properly Identilterlsl enddor o11Kr Intormatlon
DESCIZIPTION continued
aa�s_-aaossose�oa=on„_o..
Thence North 72 degrees 12 ininut.es 40 seconds l:rlst 111uncl Lhr• slid r1nr1.1)
limit of Taunton Itond as widened rt c1.1st,.111c:e oC 1, 035 teat: 4 1,/II i nc llc:s
to an iron bar planted being the Poistt of Couunencoment of Lhu heru tti
described parcel of land;
T(JI:NCJ: continuing NurLh 10 degrees 10 nliltuLus hlusL u�"d1sLutic;e of 2';U
feet to a point;
T11LNCE North 72 degrees 12 minutes 40 secollds CiIiiL a di:;t.,lnc:c: c,r I 'i()
feet 0 inches, to a point;
TIJCNC.'C South 18 degrees 10 minutes Last a distance of 250 feet U illchr.s,
to an iron bar planted;
TIMNCC south 72 degrees 12 minutes 40 secclnd:� 'wt'st a distallen 01
150 feet 0 inches, to the Point of Commencement.
TOGETHER WITH RIGHT OF WAY OVER THAT PART OF SAID LOT 24, NOW DESIGNATED AS PART 2,
PLAN IOR-1835 as set out in Instrument Number 117349,
1
.�` l
SCHEDULE "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 23rd day of June 1997.
TAX ARREARS CERTIFICATE
Document General if D.A.+.-rsr—U4
on��rw F 4—Land RellistfaldOn Reform Aot 18.17-010.130.19000.0000
(1) n.gl,ar ® ty,dTttw C3 (2) Page 1 a 3 psgek
(3) Property siook Property
Identlffer(e) Ido+aonsi;
to no a$cr»auw
6.; (4) Nature of Dooumem
ZR
r TAX ARREARS CERTIFICATE FORM 1-•MUNICIPAL TAX
CD SALES ACT
> o) a (a) ConaWeatlon
° Partt of of 23 and 24
W 4• C
►- Concession$
rnGeographic Township of Darlington
lMunicipality of Clarington
Regional Municipality of Durham
as described In Instrument No.D409393
New Property IdenU"ens
N7dtbrW:
S�e+wdDe ❑
Executlona
M This W f9edaroriptlon (b)Schedule for:
Dooumerk
a�4s ❑ conWnk �/Skelch ❑ Description ® Pvtlsse ❑ 01hK ❑
(s) This Dooument provides w followes
The person signing In Box 10 hereby certifies that all or part of tax arrears In the amount of$12,869.52 were
owing on the 331st ay of December,1996 and at least part of such amount plus any additional real property
taxes and costs is still owing to the municipality or board named In Bog 10 and that the land described in
this document will be sold by public sale if the cancellation price is not paid within one year following the
date of the registration of this document.
Notes:
A. The time period for paying the cancellation price may be extended it the municipality or board authorizes
an extension agreement with the owner of the land before the expiry of the one-year period.
B. The cancellation price will be calculated as of the date that the amount of the tax arrears are paid to the
municipality or board and will be higher than the amount set out above.
C. If there is no successful purchaser at the public sale,the land,upon registration of a notice of vesting,
will vest in the municipality or board.
D. Any inquiries relating to this matter may be directed to the municipality or board named in Box 10 at the
address shown In Box 11.
Continued on Schedule ❑
(9) This Document relates b Instnwnorrt nurnbar(s)
(10) P"Ves)(Set out astue or hwest)
Slonature(s)�- -, Dew Of Signature
TIIE..CQRORAT10N.QE.T1'iE11 MCII'ALL ..X......... .............` ......:: J L1C G�`l ` 199 I
j>.. . ..7......i..03
0E CLARINGTGN........................................................................................... RUTH SWAN TAX COLLECTOR.....!. ...,.... . .. ! ......
............................................................................................................................................. ..................................................................................................
,�, ............ .. ..... ....�.........�... ..
11) Address
for$Or""40 Temperance Street Bowmanvill Ontario L1C 3A6 Attention:Treasurer
(12) Partypw)(Set out Status or Interest)
Names) Signature($) DatYof sic nsturep
...........
.......................................................................................................................................... ...................................................................................... ` i ..
.............................................................................................................................................. .N/.A........................................................................................
1 ream
f«Service. .»..»».....jv A........._..........»».....»......»....-..»».....................
(14) Municipal Address or Property (15) Document Prepared byr. Fees and Tax 1970 Taunton Road Treasurer fa.gisaaeDn Hampton,Ontario Municipality of Clarington
LOB 1J0 40 Temperance Street
Bowmanville,Ontario
jj��
LIC 3A6 0
ToW
1a rdPiO. sr'..,....a•.�•I.�M.
SCHEDULE "C"
'PHIS 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 23rd day of June 1997.
LETTER DATED Turn 12 1997
June 12, 1997
The Corporation of The
Municipality of Clarington
Tax Collector,
Ruth Swan .
Re; Tax arrears
1970 Taunton Rd. E.
Clarington
T would like to propose the following in order to clear tip the arrears on the above
property;
$1,000.00 upon acceptance of this proposal,
300.00 per month to be paid on the 4th of each month.
T would deposit with you a series of post dated cheques, or what ever arrangements
You would require
Thank you
Accepted by;
for T1ie Municipality of Clarington
s
TOTAL. P.02
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 23rd day of June 1997.
BY-LAW NO. 97-
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and Bruce James
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
Agreement is executed by all parties thereto on or before June 30, 1997.
By-Law read a first and second time this 23rd day of June, 1997.
By-Law read a third and finally passed this 23rd day of June, 1997.
Mayor
Clerk