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HomeMy WebLinkAboutPD-40-82 i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO L081JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 22, 1982 REPORT NO.: PD-40-82 SUBJECT: REQUEST OF MR. WESLLEY HOOT FOR A MUNICIPAL APPLICATION FOR REGISTRATION OF LANDS UNDER LAND TITLES AND CONFIRMATION OF BOUNDARIES PURSUANT TO THE LAND TITLES ACT AND BOUNDARIES ACT - LOTS 1-10, BLOCK A, SMART ESTATE PLAN, TOWN OF BOWMANVILLE OUR FILE: D-BF-B-3 RECOMMENDATION: It is respectfully recommended that: 1 . Report PD-40-82 be received; and 2. That the attached By-law be approved authorizing the Town Clerk or Solicitor to submit applications to the proper Registrar for registration of the lands described in Schedule "A" to the By-law pursuant to Section 31 of the Land Titles Act, R.S.O. 1980 for confirmation of boundaries pursuant to Section 3 of the Boundaries Act, R.S.O. 1980; and; 3. That an application be submitted to the Director of Titles pursuant to Section 59(2) of the Land Titles Act, R.S.O. 1980 for financial assistance in respect of the costs of the survey for of the area to be registered pursuant to Section 31 referred to in 2. above; and tl Zv) Report No. : PD-40-82 .. . ./2 4. That the Town Treasurer review the costs to be borne by the municipality as a result of the subject applications, less any subsidy approved in respect of same, and report back to Council on the appropriateness of a special levy being assessed against the affected property owners. BACKGROUND: On January 8th, 1982, staff were advised of a situation in the 'East Beach Area of Bowmanville where, due to irregularities in boundary locations and establishing boundaries of a particular lot, an individual property owner, Mr. Weslley Huot, was having difficulty in finalizing the sale of his property. As a result of Mr. Huot's own investigations, he is requesting the Town 's assistance in straightening out the problems relative to boundaries. Staff have completed a preliminary investigation of the methods whereby this problem could be resolved. In that regard, although discussions with staff of the Ministry of Municipal Affairs and Housing indicated that there was nothing the municipality could do to assist, subsequent discussions with a representative of the Ministry of Consumer and Commercial Relations identified a possible municipal role, being an application, made by the municipality, pursuant to Section 31 of the Land Titles Act, R.S.O. 1980, for registration of the lands affected and an application under Section 3 of the Boundaries Act, R.S.O. 1980, to have the boundaries confirmed or surveyed and confirmed under the provisions of that Act. This, of course, would involve preparation of a reference plan to describe the subject land and title searches for each of the properties involved. It should be noted that the applicant for such boundary confirmation is liable for all costs, charges and expenses incurred by or as a consequence of the application. Report No. : PD-40-82 .. ./3 It should further be noted, for the Committee's information, that individuals may also make application on their own. However, in this instance, such an application would represent a financial burden to the property owner and would also result in a loss of land to an adjacent property owner. Furthermore, if such an application were made by an individual , without regard for other properties facing the same problem, a snowball effect could occur resulting in losses to other property owners and a rather disjointed attempt to resolve the problem. In that regard, our preliminary review indicates that approximately eleven property owners could potentially be involved. If an application were submitted by the municipality, the problem could be dealt with more expeditiously, and pursuant to the provisions of the Land Titles Act, the consent of the other property owners is not required. The Town may, however, wish to approach the property owners to apprise them of the intent of the Town's actions prior to actually submitting an application. The costs of such an application may be recovered by the levy of a special rate of assessment on all parcels included in the application. Furthermore, pursuant to Section 59(2) of the Land Titles Act, the municipality may also apply for financial assistance to have all or part of the costs mentioned in the application paid out of the Provincial Land Titles Survey Fund. Discussions with Ministry of Consumer and Commercial Relations staff however, indicate that the normal subsidy would be about 25% of the total costs, although under unique circumstances, increased subsidies are possible. Report No. : PD-40-82 . . ./4 Attached for Council 's information is a photocopy of the Assessment mapping for the subject area, and a reference plan identifying Mr. Huot's property. The problem that he faces is obvious, since the survey indicates that not only does the easterly boundary of his property run through his dwelling; but also part of that dwelling encroaches upon the First Street road allowance as well as lands to the east presently under separate ownership. In view of this situation and the apparent discrepancies in establishing the lot boundaries for this and other parcels of land in the area, staff feel that it would be appropriate for Council to consider a combined municipal application to clearly establish the property boundaries for this area. We would also recommend that an application be made for Provincial subsidy and, if necessary, an appropriate levy assessed against the affected property owners to recover municipal costs. Respectful-Ty -s`ubmitted, . T. Edwards, M.C.I.P. Director of Works TTE*mjc MA�rch 5, 1982 11 iv z _ k f t t / ID AD on 00 ol CD \J Fl RST STREET YJ aA F '30� [PART 1, BLOCK A 13 s 11,6 -5 r SCHEDULE PART LOCATION AREA (sq. n) INST. 1 A I Lot 7 sMaRT 1997 N2362 2 Loi 6 7 Block 'q' EsrarE 4462 63216,N2' 3 Lot 6 PLAN 2216 63216 99; 4 First Street 803 -- APPARENT SOUTHERLY LIMIT OF FIRST STREET AS OCCUPIED ��� d ° • 6•• C-- d KNOWN AS � is N72028'E 43.35' s18 eogaolsEn�� EAST BEACH ROAD ) 3 0 a . o ° 04 PART 4� i t: w Q71' 0 N T2°28'F� �• — 4 91.88` ---►—y d 4.T2 00" 30.28— r N7._'28'E I 43.50 6 N 72_°28'E 137.62' _Cc.�(wit)S18f11061 Wit• aes 3028 1322 B(W ) 2a70-6 D•e4 r 18(flov t I kE.AiQIc— ' I Lot 7 1 N.E Angk FRAME 21 STY. Lot 9 IS.otl� O.ni so:oo' BRICK Q `�44 I O O J EARPORr• ( FRAME ►. N +± OWELLIN 0 J 45.00' + 60.0p' I Ng if =37 9ccc� +: Z. O to i LAO �r rn J -7 2 � i O_ Q 10 • Z � Z ®h ` O a Q �_ f ` ` Z v 45.04' _„ T or r .� u O $ I.` Q ® t N 69° 1 21' E w58. UW iOAli3O . EM 13.112• !B(17rtJ 14.74' 18fWi1♦) 30.32' c ISM0 O l�P 4 A �d IV#t-1 1 T A -r r_• Cp t • lot � J = i W k. Yi o,v 3 Yr. M N ►- O t, W 3 3 1.• p < N :!; c`, M N !� A o2� C Ei � {,j„ �. Z O t� ` Z J t 114.72' ao.00' 2 or J N H > C J Z ; oNTAR10 LLAKF-jj S EOOE. ON 0 R NlA 61't 3 .5 . L14.86'S So 5• t NOTE:No windi wos C �v�r�•��� o ! a �. ' NO 63: d n �l� r— � CA'aQ� l' 11, THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 38 being a By-law to authorize applications: a) to register under the provisions of the Land Titles Act, R.S.O. , 1980, Chapter 230, b) and to confirm the boundaries under the provisions of the Boundaries Act, R.S.O. 1980, Chapter 47, of each of the parcels in the area of land described in Schedule "A" attached hereto. WHEREAS under and by virtue of Section. 31 of the Land Titles Act, R.S.O. 1980, Chapter 230, the Council of any municipality to which this Act applies, may, by by-law, authorize an application to be made to the proper Land Registrar to have any land that is within the municipality registered under this Act. AND WHEREAS under and by virtue of Section 3 of the Boundaries Act, R.S.O. 1980, Chapter 47, an application to the Director of Titles to have the boundaries confirmed under this Act may be made by the Council of the municipality in which the parcel is situated; THEREFORE the Council of The Corporation of the Town of Newcastle enacts as follows: 1 . THAT this Council hereby authorizes an application to be made by the Clerk of the Town of Newcastle to the Land Registrar at Newcastle (No. 10) to register under the Land Titles Act, the lands described in Schedule "A" attached hereto. 2. THAT this Council hereby authorizes an application to be made by the Clerk of the Town of Newcastle to the Director of Titles to confirm the boundaries of each of the parcels of land included within the land described in Schedule "A" attached hereto. - 2 - 3. THAT this Council hereby authorizes the Clerk of the Town of Newcastle to execute on behalf of the Corporation all of the documents necessary to give effect to this by-law. BY-LAW read a first time this 29th day of March 1982 BY-LAW read a second time this 29th day of March 1982 BY-LAW read a third time and finally passed this 29th day of March 1982. MAYOR CLERK SCHEDULE "A" TO BY-LAW NUMBER 82- 38 ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Newcastle, Regional Municipality of Durham, Province of Ontario, and being composed of Part of Lot 9, Broken Front Concession in the Geographic Township of Darlington and being composed of all of Lots Number 1 to 10 inclusive all in Block "A" according to the Smart Plan of Subdivision made by L.H. Short, P.L.S. , dated the 4th day of May, 1858, filed in the Registry Office for the Registry Division of Newcastle (No. 10).