HomeMy WebLinkAboutPW Memo 11-76 Feb 3OV)
MEMORANDUM _- No. 11
TO: Chairman and Members of the Public Works Committee
FROM: Secretary , H. R. Best,
SUBJECT: Bersei sale to Gattellaro
DATE: February 3, 1976.
At the regular meeting on January 23, 1976, this matter
was referred to the Director and Secretary for further
action.
Pursuant to same, we are attaching hereto the draft of
a By-law reciting the error and making clear the land
that was intended to be exchanged (i.e. those l ands as
described in Schedule A to By-la:a No. 2084, passed by
the Township of Darlington on the 16th day of December,
1957).
At this time, we note that By-law No. 20+4 authorized
an exchange of lands, owned by the Township of Darlington
and described in Schedule A, for the lands owned by
Hillcrest Heights Estates Ltd. and described in Schedule
B, more particularly as Bloc: B according to registered
Plan No. 648.
At the time we undertook the title search of the lands
described in Schedule A, we also searched the title to
the lands described in Schedule B (i.e. Block B of Plan
No. 648)
This search indicates as follows.
1) Instrument No. 5254, conveyed Block IB' of plan No.648
to the Township of Darlington from Hillcrest Heights
Estates Limited.
2) At this time we note that lot 23 of Plan No. 648 abuts
to the immediate west of Bloc7. B.
3) Instrument No. 6242, dated March 20, 1958, conveyed said lot
23 to The Director, The Veterans Land Act, from Hillcrest
Heights Estates Limited. The legal description of the lands
conveyed included 100 feet of the westerly portion of
Block B.
Y
- 2
It would appear that an error e2ists in the 6th and 7th
line of page two in the aforenoted legal description. In
our opinion the description should read 115 feet easterly
instead of 215 feet.
SUMMOY
While this discrepancy may not affect ownership�of Block B
it nevertheless constitutes a cloud on title to same.
We request direction from the Committee regarding any further
action in this matter.
We recommend that the By-law to correct the omission in the
description of the lands described in Schedule A of By-law
No. 2081, be approved by this Committee and recommended to
Council for adoption.
Respectfully submitted,
.P.9.
I
Mr -law No. 76-
A By -lav to correct the desoription of certain lands
as described in Schedule A to ley -law 2084 of the
former Township of Darlington.
Whereas By-law No. 20649 pied by the Council of the foisaer
Township of Darlington on the 16th day of December, 19$7#
conveyed laude, situate in the south part of lot 30, Concession
5 of the said Municipality, to Hillorest Height Satates and
Whereas Schedule A, attached to by -low No. 2084 described the
lands so conveyed and
Whereas the description of the lends referred to in Schedule
"A" is not complete and
Whereas the ovners of Us lands so conveyed. here Petitioned the
Council of The Tova of Hnv"tle to pass a by-law mo correct the
description of the said lands
Now T6srefore the Council of the Corporation of !Che Toon of
Newcastle Enacts as follows -
1) That schedule A of ar-lar No. 2034 br amended by adding
after the 10th line thereof the following
"Thane vesterly and parallel with the mouth limit of the
said lot a distance of 576 feet 6 inches".
Read a first and second time this .......day of.........••
Clerk
Riad a third time and passed this... -.day of .............
Clerk