HomeMy WebLinkAboutWD-32-94
- THE CORPORATION Of THE MUNICIPALITY OF CLARINGTON
~~~~~~~
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Ld ~
Dater JUNE 20, 1994 Res. # r~ PVC - X11 Z ~~
By-Law # ~
Report#: *en~~_on File#:
Subject:. REQUEST FOR QUIT CLAIM - PAUL DONALD STAPLES AND MARY
CATHERINE STAPLES, PART 1, PLAN 40R-15350 INCLUDING PART
OF THE ROAD ALLOWANCE BETWEEN LOTS 20 AND 21, CONCESSION
4, FORMER CLARRE TOWNSHIP
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-32-94 be received;
2. THAT the by-law attached to report WD-32-94 be passed
authorizing the Mayor and Clerk to execute a Quit Claim Deed
to Paul Donald Staples and Mary Catherine Staples for Part 1,
Plan 40R-15350 including part of the road allowance between
Lots 20 and 21, Concession 4, former Clarke Township;
3. THAT. the applicants pay all costs associated with this
transaction;
4. THAT the applicants execute an Indemnity Agreement in favour
of the Municipality of Clarington satisfactory to the
Municipality's solicitor; and
5. THAT Paul Donald Staples, Mary Catherine Staples and Dan M.
Strike, Solicitor, be advised of Council's decision.
REPORT
1.0 A'
No. 1: Rey Map
No. 2: Correspondence dated April 19, 1994 from Dan
Strike, Solicitor, Strike Salmers & Furlong
No. 3: Proposed By-law
1011
.;,E ~®° r~,E
REPORT NO.: WD-32-94 PAGE 2
No. 4: Quit Claim (Harris)
No. 5: Solicitor's Declaration (Dan Strike)
2.0 BACKGROUND
Z.1 Mr. & Mrs. Staples have applied to sever a retirement lot from
the north west corner of their farm located in Lot 20,
Concession 4, formerly Clarke Township (LD 94 012).
2.2 The westerly boundary of the proposed retirement lot includes
the north easterly quarter of the original road allowance.
There is a fence which is located to the west of the middle of
the original road allowance which the Staples thought. was the
westerly boundary of their property.
2.3 The description in the original deed from the former Clarke
Township reads, "the northerly quarter of the original-road
allowance". Since the fence has been in place, probably since
the original conveyance, the Staples believed they owned the
property to the fence line.
3.0 REVIEW AND COMMENT
3.1 Dan Strike, Solicitor, searched the records at the Land
Registry Office (Durham 40) to examine title to Lots 20 and
21, Concession 4, former Clarke. The search revealed that the
.Township of Clarke conveyed the north east quarter of the road
allowance between Lots 20 and 21, Concession 4, Clarke
Township, to George Fisher who then owned the north half of
Lot 20, on May 21, 1865.. The by-law authorizing the
conveyance could not be located, and more likely, a by-law
doesn't exist.
3.2 Surveys completed in 1973 and 1994 indicate that the fence
marking the western boundary of the farm in the north half of
Lot 20 is not in the middle of the road allowance where the
fence meets the northern limit of Concession 4
2
R$PORT NO.: WD-32-94 PAG$ 3
(Attachment No. 1 ). The fence is approximately 3.3 metres
(10 feet) west of the middle of the road allowance. It is
obvious that the fence has been in place for a very long time.
3.3 Solicitor's Declaration
The Ontario•Land Surveyor, according to Mr. Strike, believes
that the fence was thought to be in the middle of the road
allowance between the two lots until the surveys revealed that.
the fence was situated west of the middle of the .road
allowance at the northerly limit at Concession Road 5. The
solicitor proposes that the former Township of Clarke intended
to convey and George Fisher intended to purchase all the road
allowance lying east of the fence.
3.4 Zoning Requirements
The Staples, when submitting their application .for land
severance for a retirement lot believed the westerly boundary
of their property to be the fence line. In order to comply
with the zoning requirements, the land between the middle of
the load allowance and the fence is required.
3.5 The Municipal Act
Section 315(2)(a) - Sale of Closed Highway, states that where,.
"there are parcels of land abutting on opposite sides of the
land to be sold, the owner of each parcel has the right of
first refusal to purchase the land to its middle line."
The Land Registry Office records indicate that only the north
east quarter of the road allowance was conveyed.
In view of the fact there is no evidence that a formal
procedure for road closure was followed as required by the
Municipal Act, the Public Works Department recommended that
the Staples obtain a Quit Claim from the abutting property
owner to the west of the road allowance (Attachment No. 4).
tUl3
REPORT NO.: WD-32-94 PAGE 4
In order that the Staples have clear title to the property to
the existing fence line, they are requesting that the
Municipality also execute a Quit Claim to Part 1,
Plan 40R-15350 which includes the portion of the road
allowance between the middle of the road allowance and the
fence.
4.0
4.1 Since the conveyance of the road allowance occurred in 1865
and records are incomplete, and since the. abutting property
owners have executed a Quit Claim, it is recommended that .the
proposed by-law be passed authorizing the execution of the
Quit .Claim provided that the applicants satisfy the
requirements of the Public Works Department, financial and
otherwise.
Respectfully submitted,
" Z/
Walter A. Evans, P. Eng.,
Director of Public Works.
Reviewed by,
W.H. Stockwell,
Chief Administrative Officer.
:jco
May 11, 1994
pc: Mr. & Mrs. Paul Staples
R.R: # 1,
Orono, Ontario
LOB 1M0
Mr. Dan Strike, Solicitor
Strike, Salmers & Furlong
Box 7
Bowmanville, Ontario
L1C 3K8
1 i.t 14
LOT 21
CON 5
CONCESSION ROAD 5
3.33 m I-
I
LOCATION OF I
EXISTING WIRE/RAIL FENCE I
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HARRIS I~
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CENTRELINE OF ROAD `~'
ALLOWANCE 'I~
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LOT 21 III
CON 4 { IQ
to
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LOT 20
CON 5
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PART 1 OF
PLAN 40R-15350
STAPLES
LOT 20
CON 4
to
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I I I I I C: ATiACHS CLARK 40R1
cNCS o n
I = i i i I l i I I I I I° 13 I ATTACHMENT N0. ~
DRAWN BY: JM DATE: JUNE 1994
~JD-32-94
I V k
Strike, Salmers and Furlong
' Barristers & Solicitors
Zenovi T. Salmers, Q.C
Altan W. Furlong
Ronald R. M. Strike
Caffierine L. Salmers
A. Alan H. Strike, Q.C
David W. E. Salmers
Dan M. Strike
W. Ross Strike (1895 -1987)
The Corporation of the
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
~i)~6
April 19, 1994
ATTENTION: Jan O'Neil
RE: Staples Retirement Lot
Donald Staples and Mary Catherine Staples from Shirley Joyce Harris the adjoining
land owner of the east half of the north half of lot 21 which abuts the road allowance
between lots 20 and 21. Mrs. Harris is quit claiming any interest she may have in Part
1, Plan 4DR-15350.
{b) Three copies of a Quit Claim Deed for Part 1 Plan 40R-153550 to Paul
Donald Staples and Mary Catherine Staples from the Municipality of Clarington of
which two are to be duly executed and returned.
(c} The Statutory Declaration of Dan M. Strike as to the ownership of that
portion of the road allowance between Lots 20 and 21., Concession 5, which lies to
the east of the established fence.
4Je hereby undertake tc register the C!~it Claim Deeds of Mrs. Harris and the
Municipality upon the receipt of copies executed by the Town. Please provide me a
copy of the report to Council recommending the completion of the Quit Claim Deed
and advise me of when it come before Council so that I may speak to a councillor
before hand to confirm that Council understands what we are doing.
Further to my attendance at the Municipal office and our subsequent telephone
discussions of last week enclosed herein are the following;
{a} A photo-copy of a Quit Claim Deed for Part 1 Plan 40R-15350 to Paul
Yours Very Truly,
STRIKE, SALMERS &
EURtvi~i"
PER: ~ F
Dan M. Strike
Enclosures...4.
38 King Street West,
EO. Box 7, Bowmanville, Ontario, L1C 3K8
905-623-5791 Fax 905-623-8336
to:
ATTACHMENT N0. 2
WD-32-94
i55 William Street East, McLaughlin Square,
P.O. Box 2096, Oshawa, Ontario, L1H 7V4
9t1.S-77.3-11(11 905-793-4684 Fax 905-723-11 F7
~~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-
. Being a by-law to authorize the execution of a
Quit Claim between The Corporation of the
Municipality of Clarington and Paul Donald
Staples and Mary Catherine Staples.
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, s.297 (1)(d),
- authorizes the Council of every corporation to pass by-laws for
leasing or selling the soil and freehold of a stopped up highway or
part of a highway.
WHEREAS the Former Clarke Township conveyed the north quarter of
the road allowance between Lota 20 and 21, Concession 4, to George
_ Fisher in 1868 (Instrument No. 92).
AND WHEREAS The Corporation of the Municipality of Clarington
wishes to authorize the execution of a Quit-Claim in favour of Paul
- Donald Staples and Mary Catherine Staples for all that part of the
road allowance between Lots 20 and 21, Concession 4 being
designated as Part 1, Plan 40R-15350, Township of Clarke,
Municipality of Clarington, Regional Municipality of Durham.
THEREFORE HE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE
CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. THAT the Mayor and Clerk be authorized to execute on behalf of
The Corporation of the Municipality of Clarington, and seal
with the Corporate Seal, a Quit Claim in favour of Paul Donald
Staples and Mary Catherine Staples attached as Schedule "A"
and forming part of this By-law.
BY-LAW read a first and second time this day of 1994.
BY-LAW read a third time and finally passed this day of 1994.
/.
MAYOR
CLERK
ATTACHMENT N0. 3
REPORT N0. WD-32-94
lull
r~ ~ „an~lerit~eea of ~anq ~ ~-°-
ontedo SCHEDULE "A"
Fdrm 1 -Land aepletnllon aelorm Acl, 19tl{
f7) Rep41ry ^j Lsnd Tltles ^ (9) Pepa 1 0l 2 papas
Adelllonel: I
sea ^ 1
scneeaie
New Property Itlenllllen
Adtllllonel:
9 Meal. ^
f VIII Aeeltbnel:
U sea
Schaeals
. ----- oonem 5 2.00
laecrlpllon Thh Is e: PropenY Property
Divlelon ^ ConeOlldelion ^
All that part of the road allowance between
Lots 20 and 21, Concession 4 being designated
as Part 1, Plan 90R-1535D, Township of Clarke,
Municipality of Clarington, Regional Municipality
of Durham
°°° `°°°"'°"' I Atltlltlonal ~ Fee Simple--- ~'_.._.
Connlne pleNSketch ^ Dexripllon ^ Penles
i ^ omer ^ Qvit Claim
fs) Trensferogs) The Irensleror hereby tranalere the 4n01a the Irenahree end teNgea that the Ireneleror la el least eighteen years old end Ihel
Neme(a)~~~~~~~~""""'""""""" Dele a/Slgnelure
THII CORPORATION OF THE • ~ ~ • ~ ~sip~xlure(aj ~""""""""""' •" Y M o
Mf1.N~ClPAG)~Y O$. CF.A$INGTQN ............. 11994
Diane Hemre; Mayor ~ • ~ I ~ • ~ ~! ~ I "
. .......................... - .1994 :
,.. ......................... Patti L. Barrie, Clerk. ... ... .... .I...
........................ :.........I...
5 na re z Dete 1 Signature
M
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I (79) 7 nel o OAdd e I I
\ ror servo. 91 Temperance St., Bowmanville, L1C 3A6
InIT t O
Da[e of Birth
Y M D
. $'~'APLE $, ,Paul .Donald , , , , , , , , 7 ~ (956 ,~.05 j ,],Q
. ..... ...... ...... 7
STAPLIIS, Mary Catherine '
............................... ..... X1956 111 103
.:... ........
1 ;...
as joint tenants
• (72)Trsl.lmee(e)Aaeress R. R. N1, Orono, Ontario, LOB iM0 I ~-
lor 8ervlea
_ (13) Tnnsleror(a) The Innsleror varllles that to the beat of the tremleror'a krgw4dge end bellel, Ihls Iranaler does not conlrevene section 49 0l the
Planning Acl, 7993. Data of Signature
~. y M e Data of Signature
++ I Y ! M O
~ Sbneture.. L .....L . , I . I Slgnelure, ,
Solleltor for TranNaror(a)I haw ezplelned the eflecl of aecllon49 of the Planning ACl, 199310 the lremlerorendlhave made lnqulden of the lrensleror
¢~¢ to detannlna that ihle Irerefar does not conlrevene ihet aedion end based on the Inlormellon supplied by the Ireneleroq la the bast of my knowledge
Z and bellel, Ihis Irenafer daea not conVevane that eecllon. I em en Onlerlo edbNOr in good elan ing.
O Neme an0 Dale of Slgnelure
h000 AAdresa of Y I M D
Soncltor Slgnetme .. .... ...... .... .. .. .. .. .. ~..... J.
~ .. I. ...
(ae) Sotlalltt for Trenalaree(e) 1 have Invealipeted the title to Ihla lend entl to abutting land where relevant and I em eallsliad Ihal 1ha Lille records
~ 3~~x~ reveal rq eonlreventlon ea set out In subclauee 4g (21e) (c) (IN of the Planning Act, 1993 end Ihet to the beat of my knowledge end bellel this
~ ag Iransler does not contravene eadlon 49 of Ina Planning Act 1993.1 ed Independently of Ina Dolkltar (or the Transferor(s) end I em en Onlerlo
E~ eoncnor In good elenamg.
yE ~ Neme end Dele of Slgnelure
3Q Addreae of
~jE' 3911c1tor Y M 'o
'
y '
Sl9netan ...... ...... ... ...... .. ~,
rCUmenl Prepared bY: O Registration Fee
Dan M. Strike rWn Land Trenslar Tex
Strike, Salmers ~ Furlong. m
Box 7, o
Dowmanville, ON. , LIC 3K8 0
(995-623-5791) I¢
i Su e rural
. Form 1-Lend RpIrInlAln peform Aet.1BB/
(1) Ragltlry ~ Lend Tllee ^ (2) Pe9e 1 OI 2 papas
(3) Property Block PraPeny
IdsnllBer(e) AddltbneF.
See ^
Schetlnle
(/) ContiderellOn
TWO-------------------------- DOimra S 2.00
p
m tva usecnpnan rma Ia e: rroppaany Property
DWlelon ^ Consolidetlon ^
J
~ Part of Lot 20, Concession 9 and Part of the Rond
Allowance between Lote 20 A 21, Concession 9,
O New Property ltlentlllue former Township Df Ciar]ce, now port of the
o B~ubnel: Municipality of Clarington, Reglonnl Munlcipa]Ity
salwlWe ^ oP Durham and being designated ^s Part 1,
Eaewllone Plnn 90R-15350.
Atltlllbnel:
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(8) Thle ~ (a) Redeacrlpllon fi(b) Schedule lor.
Documena New Eaeemenl (7) In1sroVEtlele Tremferred
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Conlslns plaNSkelch ^ Desalpllon ^ Addlllonal
Perllee Olher
^ ^ Fee Slmpla
Quit Claim
(B) Trenelaror(e) The Imnaleror hereby Irenalem Iha lend to the Irenafaree and eertlllea Ihel Iho ireneleror la el least elphteen yaere old and Ihel
I am a spouse. The
erson
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.
p .
onsent
ng below is my spouse
. . ........................... Dale o1519nature
. ..........
Neme(e)
Shirley
Joyce
HARRIS ......... ... ~...... .. .. .......... Y M D
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Y: ~L-a/3n~.A ........... , ' 1909 109
............................... ................::................... l:: ::
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(U1 Neme e(') of Tranalaror(e) I hereby conaenl to Ihla Ireneacllon Dalo nl Signature
() Sl9nalura(a)
Y M D
.N.A$RJS,.Richard.tyilliam .......... .......... ~-~L.~. ,----~.........i.J884.~84.(18..
i I
°~f fo~earvmi'r ~°°`°" R.R. N 1, ORONO, Ontario, LOB 1M0
,,¢'~~PLESa,Peul ,Donald,,,,,,,,,,;,,,, 1956 05 14
STAPLH9, Mery Catherine .....
1956
...
it 03
ae joint tenants
~~
(1 4);r
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f $
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R. R. R1, Orono, Ontario, LOB 1M0
(13) Trenebror(a) Tha Ireneleror verlllee Ihal to the heal al the tranaleror'a knowledge entl beliel, Ibis Irensler tloea not comrevene aeclion 19 0l the
Planning Acl
1983
,
. Dale of Slgnuure Dslo of Slenanue
Y M D Y M a
SI neturo.. .. .... .... I......I... I...I filgnelure.. ..I......~
~
9
i
Z . ..
..
6o
1ellor for T
aneferor(s) I have eeplelned the ellecl of section 49 of the Planning Act, /88310 Ina Irenaleror end I have made Inquiries of the transferor
to dstarmine thel Ihle Ireneler tloea not comrevene that aecllon end based on the In/ormellon suppPlied W the irensleror, to the neat of my knowledge
entl ballet, Ihla trenaler tloea. not comrevene final sacllon. 1 sin en Ontsrio aolicllar In pond standing.
O Dale of Signelure
Neme entl
Y
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I
AOJrena of
I
Sollcllor Slpnelure ................... ... ... ..... ..1... ~....
g (14) 9olldllor IarTnnslanHe) I nova Irweatigaled the Illle to Ims lend end to abulling Iand where relevant entl I em aetlalled Ihel Ina Illls records
g' $ reveal rw conlreventlon ea NI mtl In subcltuae 49 (21 e) (c) (II) of the Planning Act, 1989 end Ihat fo Ina beat of my knowledge entl ballet Ihla
Irenakr dose net contravene section 49 0l me Planning Ad 1883. I act Independently of the eolldlor for the Iransleror(s) end I em an Ontedo
2 ~ eollcltor In good elendlnq.
a
~ag
EE Neme end
Addroae al Oele of Slgnelure
Y M D
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s~ Sleneture . .. ......... .............. ..I... !....
(1 6) Anao' P app yl Number , b.
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B Sub. Pu. J Faes end Tnx
(1B) Munlcipsl Addreee al Propedy (17) Documanl Prsperad by.
O fleglelrollon Fee
not aeslgned Dan M. Strike y Lentl Tranalar Tee
i
Str
ke, Selmere a Furlong. w
Hox 7, o
Howmanville, ON., LIC 31f8 '~
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Solicitor's Declaration
PROVINCE OF ONTARIO ) In the Natter o!
Road Allowance between Lots 20
and 21, Concession 5,
Clarington, (Formerly Clarke)
I, Dan M. Strike, a solicitor of the Supreme Court of Ontario have
caused the records of the Land Registry Office (Durham 40) to be
searched and have examined the title to Lots 20 and 21,
Concession 4, Clarington (formerly Clarke) and the road allowance
lying there between and hereby solemnly declare:
(1) On May 21, 1865, the Township of Clarke conveyed the
north quarter of the road allowance between Lots 20 and 21,
Concession 4, Clarke to George Fisher who then owned the north
• half of Lot 20, said document being registered as Instrument No.
92 (1868).
(2) In 1973 a survey was completed of the north half of Lot
21, Concession 4, Clarke by Merrill Brown, Ontario Land Surveyor
and more recently in 1994 a survey was completed by Douglas
Coggan, Ontario Land Surveyor, for a retirement lot from the
north west corner of Lot 20, Concession 4, Clarington (formerly
Clarke). The surveys are registered as lOR-312 and 40R-15350
respectively, and are the only registered surveys showing lands
making up the northern half of lots 20 and 21 and the road
allowance there between.( Both surveys indicate that the fence
marking the western boundary of the farm in the north half of Lot
20 is not in the middle of the road allowance where the fence
meets the northern limit of Concession 4.
(3) Z have spoken to Douglas Coggan, Ontario Land Surveyor,
who believes that the existing fence represents the first running
. of the line between Lots 20 and 21 and thus the line which was
believed to be the middle of the road allowance between these two
lots.
- (4) Since it was believed that the fence was situated in
the middle of the Road Allowance until these aforesaid surveys
revealed it not to be the case, it is my opinion that the
Township of Clarke intended to convey and George Fisher intended
to purchase all the road allowance lying east of the fence, and
not just that portion thereof described as the north east quarter
.. of the road allowance.
(5) I MAKE this solemn Declaration conscientiously believing
' it to be true, for the purpose of rectifying this mutual mistake
in description and in support of a request for the Municipality
to execute a Quit Claim Deed releasing any interest it may have
to part of the road allowance lying east of the fence and
contained in Part 1, Plan 40R-15350.
Decla~r+el/d before me at the Nta„.c:p, L1~ )
of C14rin~~"^ )
)
in the Rn. 9tan )
~~//~~ II )
of LJUrY~+w j 1
this Zdl Y {~,r~~994 j
~~fiLC
_ A Commissioner, etc.
El1EN td1R(Cp, t
~nninl'~'~'a`"Rpm ATTACHMENT N0. 5
of Durham, f¢ SniY.o, Selmer d FYflpp,
eer,,_ ,;, S.r,, wo-sz-e4
E.Po-e: ~,.,,d , . m, lase. ~ ,1