HomeMy WebLinkAboutWD-47-94
THE XXR1.X7~X~~~RX~7CX~~CXXR~~7TE'~~~~~3~9{XXGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING File #
Res.# C~PA'Se~-99
Date: SSPTEMBSR 6, 1994 q,~ ~ ~~
BY-Law # 1~Z ~
Report #: ~*- n~~ File #: n~~~ ~ 16
Subject: ROAD WIDENING - 73 WAVSRLY ROAD, BOWMANVILLS -
CONVEYANCE FROM MR. JOHN MSACHIN TO
THS MUNICIPALITY OF CLARINGTON
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-47-94 be received;
2. THAT Mr. Meachin's offer to pay one-half the cost of the
reference plan up to a maxium of $1,000 be accepted;
3. THAT the proposed By-law attached to Report WD-47-94
(Attachment No. 4) be passed authorizing the Mayor and Clerk
to execute the necessary documents to acquire from Mr. John
Meachin the road widening as shown on Attachment No. 1; and
4. .THAT Mr. Robert A. Alexander, solicitor for Mr. Meachin, be
advised of Council's decision.
REPORT
1.0 ATTACHMBNTS
No. 1: Key Map
No. 2: Correspondence from Robert A. Alexander of
Creighton, Victor, Alexander, Haward & Morison,
dated July 19, 1994
No. 3: Offer to Sell, registered as Instrument No. 54754
No. 4: Proposed By-law authorizing the Mayor and Clerk to
execute the necessary documents
1003
o.oE ~®aP~.~.E
RBPORT NO.: WD-47-94 Paae 2
2.0 BACRGROIIND
2.1 At a meeting held on May 23, 1972, Council passed Resolution
#C-472-72:
"THAT the following Offers to sell road widenings to the
Town at a price of one dollar be accepted, and the Mayor
and Clerk be authorized to sign the deed of acceptance.
Waverly Road
From Martin Goldfarb Consultants Ltd. 10' x 66'
and York River Heights Ltd. 10' x 99.50'
J. H. Meachin 10' x 115 "'
2.2 Correspondence dated July 19, 1994, from Robert A. Alexander
of Creighton, Victor, Alexander, Hayward & Morison, stated
that the transaction with Mr. John Meachin was not completed
(Attachment No. 2). Mr. Meachin's solicitor is requesting
that the transaction proceed and Mr. Meachin has agreed to pay.
one-half the cost of the preparation of the necessary
reference plan.
3.0 REVIEW AND COMI48NT
3.1 Offer to Sell
An Offer to Sell was executed and registered as Instrument No.
54754 (Attachment No. 3); however, the following condition was
not satisfied:
"This offer is irrevocable by the Vendor and the
transaction shall be closed upon receipt of fifteen days
(15) written notice by Vendor from Purchaser."
1004
REPORT NO.: WD-47-94 Page 3
3.2 Sidewalk Constructed on Subiect Property
Although the transaction was not completed, a sidewalk was
constructed on the subject property when Waverly Road was
reconstructed.
3.3 Sale of Property by Mr. Meachin
Mr. Meachin is selling the property and must resolve the
property matter. Be is prepared to convey the land to the
Municipality, as in the original agreement, and pay one-half
the cost of the preparation of the required reference plan up
to $1,000.
4.0 RECOMMENDATION
4.1 It is recommended that the proposed By-law (Attachment No. 4)
be passed authorizing the Mayor and Clerk to execute the
necessary documents to complete the transaction.
Respectfully submitted,
Walter A. Evans, P.Eng.
Director of Public Works
JCO:ph
August 29, 1994
Reviewed by,
~.
W. H. Stockwell
Chief Administrative Officer
Attachments
Robert A. Alexander
Creighton, Victor, Alexander,
Hayward & Morison
Barristers & Solicitors
Postal Station 206 King Street East
P.O. Box 26010
Oshawa, Ontario.
L1H 8R4
1005
N'I' tiY:Shibley Kighton 8- 5-54 11:LL : Shibley Kighton~ 905 623 8l8la 2/
CREIGHTON. VICTOR, At,EXANDER. 1"1AYWgRD & MORISON
BARRISTERS & SOLICITORS
T. KFL60 CREIGHTON, q.C. (189]-1]T]I
JOSEPH C. VICTOR. B.A.. LLB.. O.C. ROBERT A. ALE%ANRER, a. A.. LLB.
RONALD J. NAYN•ARR. &P:. LLB. G. CHARLII6 B. HOB190H. 8.8.. LL.B.
TELEPHONE 190ef Hague
rAX 19081 ea;.ii9s
43a a3a3
VIA FAX
Shibley Righton,
Barristers & Solicitors,
Boa 32, Suite 1800,
401 Bay Street,
The Simpson Tower,
Toronto, Ontario.
M5>7 2Z1
Attentior~ Mr. Nicholas m~ Macos
Dear Mr. Macos:
OIR3CE LOCAYIO N, 235 KING STREET EggT
OSHAWA, ONTARIO Llit ICS
MAILING ADDRE95: PSTL. CTN. 20g KING CTR6Ei uCT
P.O, 6pX 2g01p
OSNAWA. ONTARIO L[H ARA
July 19, 1994.
Re: 73 Waverly 12oad, Bowmanville,
Part Lot 14, Conc. 1, $owmanville
Our Client._ - Mr John Mr+achin
Further to our telephone conversation of today's date,
we would appreciate some response to our letters of November
3, 1993, January 20, 1994 and April 18, 1994. As stated to
you, we are fast approaching one year since our respective
clients agreed to settle this matter by splitting the cost of.
a Reference Plan (maximum limit for our client of $1,000.00).
.Our client firLds that he is now unable to continue to
live in the house and is currently li.st;iny the property for
sale. Obviously the Reference Plan is necessary to complete
the sale.
Accordingly, we must insi.rtt that the Reference Plan be
completed immediately. In the event that we do not hear from
you within the next f.ift.een (15) days, we shall have to advi>ie
our Client to formally rescind his Offer of Settlement an3
proceed with the sale of•his land on his own and uitimat.ely
hold your client responsible for all costs and damages
.'incurred by him as a result of your client's inaction and
ult.i.mate breaoh of agreement.
1 ATTACHMENT N0. 2
!~ ~ 7 WD-47-94 ........2
1VT BY:Shlbley Righton 8- 5-94 11:23 Shibley Rlghton-+ 905 623 9282;# 3/ 3
- 2 -
Please advise us of your client's position forthwith.
Yours truly,
RAA:ch
cr_: Mr. John Mear_hin
CREIGHTON, VICTOR, ALEXANDER,
HAYWARD & MORISON
Per : C~/ ,\y
-~r~'.
Robert A. Alexander.
1008
S LL
O1'I'EI? '1'O )..T~I1;JC7X'w9~
.7 ohn uubcrt !!eaciein of. the Town of ]}ox~na nvillc, '
in the County of Durham, I:ereby agrees to and with $he -
CorporaCicn of thu 1'oirn of Rornnanvillc to sell-all and ".. .
singular the premises situate on the west side of Navcrly
Road in the 'Pa::n of Ro~:~nanville, being more particu)"arly
described in Schedule "A" attached hereto, a ten (10} foot ;
wide strip of lane fronting on t•7averly Road for the sum of ~._-'
one dollar ($1.00). ~-~~
Provided the title is good and free from all ~-~
encumbrances, except local rates, and except as aforesaid; ~_
said title to he e::amined ~by Town of ]iocmianville at its ocan
expense, and the lbcrn of Goniaanville is not to call for
the production of any title deeds or abstract of title,
proof or evidence of title, or to have furnished any copy
thereof, other than those in the vendor.'s possession or
under it's control.. The Purchaser accepts the property
subject to the restrictions and covenants that run with
theland providing that same have ~Aen complied with.
This offer is irrevocable by the Vendor and
transaction shall be closed upon receipt of fifteen days
(15)-written notice by Vendor from Purchaser. On closing
date, possession of. said premises 'is to be given to the
Purchaser. This offer when accepted, shall constitute a
binding contract of Purchase and Sale and time in all respects
shall be the essence of this Agreement. It is agreed
that there is ne representation, warranty, collateral
agreement or condition affecting this Agreement.
Taxes and all local improvements to be apportioned
and allowed to date of completion of sale; deed to Ue
prepared at the erpense of the Vendor and,each party is to
pay the costs for registration and taxes on their own
respective documents.
-Dated at .HRezmn~wy~~iis:Z3 day of May, 1972.
~~ ~~ /~ J,o n Hu crt Meac in - ~s
`. J\ ~ iiri~ir.s
we hereby accept the above t~ffer and is terms.
Dated at Oowmanvillc this•J- day of }~° 19.72.
COF.PORATION OF THE TORN OF SOS4MAWILLE
Fcr: /:
Pure asers ~ I-FL'Flor
~L~ti~
// -01 e~
l
ATTACHMENT NO
WD-47-94
1009
sclusouLe ^A^
' ALL AND SI;7GUf.A.^, that ccrta i.n parcel. or tract of land and •-
premises .^.i Cuatc lying and being in the Town of iocnna nville,
Country of Durham, Province of. Ontario, and being composed
of p:,rt o[ the South one-half of Lot 14, Piro Concession
of C.hc Trnonr.h ip of. Darlington, now within the limits of the
sa i.d 'i'osm of.' Do;wnanville, the boundaries of said parcel
bring more partieul ar l.y described as Poll.ows:
eta:!;I SIi:G Chat the casCCr ly limit of said Lot .4 has an
astronomic bearing of North 18 degrc=s, O1 minutes~F7est,
derived from Deposited Plan .lumber ?137884, and reldtinq
all bearings herein thereto;
PI1:STf.1':
Commencing aC an iron bar planted in the westerly limit of -
Navcrly ]bad, being the easterly limit of said Lot 1S,
distant 2,992.56 feet measured on a course of North 16
degrees, 0 minutes Hest therein from the southeasterly
angle o£ said Lot 14;
T11E;1CE North 18 degrees, O1 Dtinutes Hest along the westerly
limit of 7lavcrl.y P.oad and the easterly limit of said Lo L- 14
a distance of 115.00 feet to an iron bar planted;
Ti1DNC13 South 72 degrees, 53 Minutes, 10 Seconds hest, a
distance of 10 feet.
T;iENCIi South 18 degrees, O1 Minutes t•Jest, a distance of 115.00
feet.
TIi3;:CE ;: oc pit 72 degrees, 53 idinutes, i0 Seconds East a
Cistal:ce :,_ 10 feet more or less to the I?Dint of commencement.
1010
\..~n.n .. ..I..., N. r~~rn.. .
.arrwarfT of RsEatnos of uoct:hlRnrs ..: '.:
PROVINCE OF ONTARIO \ ~ DAYID JEFFRbY ATRISISON
COU:+TY OF DIIRFiAti ~ of the Town o~Oltu• 8IIVi17-e ~ ~ . .
in the i:OtIIlty °~n't+~
Tn ll'it: ~ Solicitor make oath and say:
]. TIiAT 1 was p°rsonalh~ pmcent aml did ~ the trithin Incfrument and a duplicate duly signed, .
<t;dtvl and rxecuted b>' JO:~ HUHIItT MEACffiN _ . .
one of the parties thereto.
?. THAT the slid Instrtment :md duplicate wore .xecuted be the said party
:G the Town °f BOtt'>08IlVille
in Lhc COtmty °f Dttrham.
:. TIlAT I know' the slid (mrt y.
A. TIiAT 1 am a adxarihing n'itne:c to the c~id InRtvmenl and duplicnte.
~l\'ORN before me at th< Tewn i
,,. Bow+;+anville, .~ -.
in the Cotmty ~„ t"~~( / ///lva~i:"
.,r Durhnm '
,hia ls~ daYnr Jt~m./e ~~~t~/•7.
• taui G/Pra>lllLJ4lAa. .LK~C^JJ J~~~/IS
A Cammilleioncr for taking AF~dvrib, etc.
A Ffl11AVIT AS TO I.F.CAI. ACE A\fl DfARITAL sTATt15
1 N rgovlscE of o~rARlo JOHId ~~ MEACffiN
• ~`~~::::•t COUSITY OF DURiLlt4 ~ t: \~ of
>;.....`_,,,,. nr Ole Toxn Bowmtanville
~ '"' Ta tCit ~ in the COIIIIty Of Durham
.•~~ in lire within inntrvmrnt nanml, mxka oath vnd va7 tlmt vt the time of the oxttutioa of iho within
i,~xtn~m.,.t. ~e~ig~h,~t~e,,en
;;~~.~ 1: 1 u'an of tla• fldl acc .•f 'gprycara;
«.ui.
Ir wr.:..a ~•~"~•
..,. n_.,,....
R. i w'ux i.•aanq mam.xl
~r
SIPnI[] Ixdore me n: the Town
a: Dowmanville ~ ~~ ~~ .
;n Ise Cotmty ~ ~!/~f, .~///LGrsc.~/ci_
. Durh^n ' 5&FfML'~Cffi~
u,i, 1st .k.r ~r June 1^72. !
,\ i..i ~.. ,.t .
:\ <'•nami.xinner for lokinn d~.:nritx, eta.
yl rl'r;: If ALL.mu1q~, xuhailun• in xnare pnmid~xl, "1 mw ALLOmeY for ... (Stile nnmel - - .
. ~f tlr 1ti rliex n~nnd th.o-rln and hehhc was o[ the full ngc of Mentyone acara of the tlmc
Vf • x•. uti•~n ..f Ow t•• . r .•f x« onu•r"
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- THH CORPORATION OP THB MONICIPALITY OF t~raurx~pp.
BY-LAW 94-
Being a By-law authorizing the Mayor and Clerk
to execute the necessary documents to acquire
a road widening from John Meachin
THB CORPORATION OF THE MONICIPALITY.OP CLARIN(~ON HHREBY ENACTS AS
FOLLOWS:
1. TRAT the Mayor and the Clerk are hereby authorized to execute,
on behalf of The Corpozation of the Municipality of
Clarington, and seal with the Corporate Seal, the necessary
documents to acquire a road widening from Mr. John Meachia.
BY-LAW read a first and second time this 12th day of September,
1994.
BY-LAW read a third time and finally passed this 12th day of
September, 1994.
MAYOR
CLERR
ATTACHMENT N0. 4
WD-47-94
1013