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Home My WebLink AboutPD-255-88 DN: 255-88 -11DU TOWN OF NEWCASTLE REPORT File Res. # By-Law # NESTING: General Purpose and Administration Committee DATE: November 21, 1988 REPORT #: TD-255-88 FILE SUB,JECT: RELEASE OF COVENANTS ON TITLE ALLIN CABLE REELS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-255-88 be received; and 2. THAT the Mayor and Clerk be authorized to execute a release of covenant on title with respect to the Allin Cable Reels Limited property located on Part of Lot 9, Broken Front Concession, former Town of Bowmanville. REPORT: 1. On January 24, 1973, the Town conveyed a 6.64 acre parcel of land to Allin Cable Reels Limited located on part of Lot 9, Broken Front Concession in Bowmanville. The deed contains covenants to the effect that if a building is not constructed within one (1) year of the conveyance, then Allin Cable Reels Limited is obliged to convey the land back to the Town of Bowmanville. 2 . ` . . . . ' REPORT NO. : DD-255-88 PAGE 2 _______________ ________ 3. Mr. Alan Strike, Solicitor on behalf of Allin Cable Reels Limited is in the process of placing amortgage on the property and upon title searching, has uncovered the aforementioned oonmenaota, and therefore requested the Town to release the covenants. 3. In order to ensure that the building was in effect constructed one (l) year after the conveyance, Mc. Strike has provided Town Staff an Affidavit to such effect. 4. Based on the information provided by Mr. Strike, Staff is satisfied that the covenant on title is redundant and should be removed. RmopeotfulIl, submitted, Recommended for presentation to the Committee � --------------- / FcmokIiu Wu, M.C.I.D. rence otseff ! Director of Planning & Development Chief Ad atcmtive officer *IW*jig November 18, 1988 ` � � TELEPHONE(416) 623-5791 STRIKE 7& STRIKE joo. � . BARRISTERS & SOLICITORS A.ALAN H.STRIKE,B.A.,O.C. R O.BOX 7 RONALD R.M.STRIKE,B.A.,LL.B. 38 KING ST.W. BOWMANVILLE, ONT. LIC 3K8 November 11th, 1988 Mrs. Patti Barrie, Clerk % Town of Newcastle 40 Temperence Street BOWMANVILLE, Ontario NOV L1C 3A6 _ Dear Mrs. Barrie: f T.,l�'u D�PARTrcr€( ;�` Re: Allin Cable Reels - William M. Allin Investments Inc. Property Further to the writer's recent telephone con- versation with you, we confirm that we are acting for William M. Allin In- vestments Inc. formerly Allin Cable Reels Limited in connection with the placing of a mortgage on their factory property at 179 Baseline Road East in Bowmanville, and find that on {•<:u,:aination of the deed to their lands registered in January of 1972 from the Town, there was a reversion clause to the effect that the property reverted to the then Town of Bowmanville if a building suitable to the carrying on of the business operations of Allin Cable Reels was not constructed within one year from the closing of the transaction. The building was constructed shortly after the deed from the Town but nothing was done to obtain a release from the Town pursuant to the deed which did provide that an acknowledgment confirming the said building had been constructed signed by the Mayor and Clerk of the Grantor with a corporate seal attached would be sufficient evidence that the covenants and restructions of the deed had been complied with and that the title of the Grantee became absolute. Please find enclosed the following: 1. Survey of Merrill D. Brown Limited dated February 28th, 1973 showing the building 120 feet by 201 feet constructed on the subject lands. 2. Photo copy of deed No. 57982 from The Gbrporation of the Town of Bowmanville to Allin Cable Reels Limited. 3. Three copies of draft Acknowledgment and Release we have prepared for the signature of the Town by the Mayor and Clerk with the corporate seal to be attached - kindly return two signed copies to our office re- taining the third copy for your file. The transaction in which we are involved is to close on Tuesday, November 15th next, and accordingly we would appreciate November 11th, 1988 it if you could place this matter before the Mayor and/or Council as soon as possible. Thank you for your assistance in this matter. Yours very truly STRIKE & STRIKE j i AAH S/dd Per: Encls. cc Weir & Foulds IN THE MATTER OF A CERTAIN DEED FROM THE.CORPORATION OF THE TOWN OF BOWMANVILLE TO ALLIN CABLE REELS LIMITED REGISTERED JANUARY 24, 1973 AS INSTRUMENT NO. 57982 AND IN THE MATTER OF A REVERSION CLAUSE CONTAINED THEREIN I, NORMAN ALBERT JAMES, of the Town of Newcastle, in the Regional Municipality of Durham, MAKE OATH &.SAY: 1. I am the Vice-President of William M. Alain Investments Inc. formerly Alain Cable Reels Limited, the Grantee in the above mentioned conveyance,and have knowledge of the facts herein set out. 2. Attached hereto and marked Exhibit "A" Is a copy of a Plan of Survey of Merrill D. Brown Limited dated February 28, 1973 showing the lands conveyed by The Corporation of the Town of Bowmanvilie to Ailin Cable Reels Limited and the 120 foot by 201.5 foot building located thereon. 3. The said building was erected prior to one year after January 24th, 1973, the date of registration of the said deed and was used y Alain Cabe Reels'i;imited in the carrying on'±°f its business operations, all in compliance with the reversion clause in the above mentioned deed, and with other additional buildings continues to be used today in the business operations of the Company. SWORN BEFORE ME ) at the Town of Newcastle ) In the Regional Municipality ) -- -- --�----- ---- of Durham, this 17th day )_ ---- -------- ) of November, 1988 (F-4 A Commissioner, etc. vov 17 1988 roti-IN Of NEWCAsnE PLANNING DEPARTMENT '4.;5��;r:�N., � �, ^.7��#,�y.7F., ..:v!i,�t: =?-;..iC' +:'4lyi�'!+:{•:<. ��J �} y��,(} f'^ . } J t $ �.la rN.. '/'f'/'1.�6"I:: '. �I,1 ! 4 Alt �!('J,"/'�, n�'.= �t7j(t-A$y1 ��c . r $ ! aJ � S 7 tr: ry ,1tS tEr4t T M •rywy rwsk .X'tYo 1.Cr r. a i ;f.� 1 S1'•=F .' + ( "}' PLAN PLAN r a .1:YYii?* k5 c,� 1 Y 4 ) BRCKEW ON .. �%.,w W id: +.,•;.,,. y'tt ,d•�y ':f+4 ✓11 -NOW - 11;1 7r �:y'a�y'Sr"Sa"• vV4.7!�1'{.'l, ' .P i c. 7y4 9 i anti: ',� �t i •"- Y 2 i4-fir r .. ANowc K,y eetwleNt olietr I grant Concession and 'Concession 1 SCOT 1• . OROKEN FRONT CONCMION �h 13 -944MO 00 10 1 i r a.rar, b q 4 s ,,,0344 ,c. i Ch.d umber ro N�ozs'„' (off; f i pion fiber NOTE. THIS PLAN NOT PREPARED FOR REGISTRATION PURPOSES. i