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HomeMy WebLinkAboutCD-30-82 DG M.o CORPORATION OF THE TOWN OF NEWCASTLE l�l OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMANVILLE, ONTARIO . Ll C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 14TH 1982. CD-30-82 - OUR FILE: 35.31.6. SUBJECT: APPLICATION FOR FINANCIAL ASSISTANCE UNDER SUBSECTION 59(2) OF THE LAND TITLES ACT - and - REGISTRATION OF LANDS UNDER THE PROVISIONS OF THE BOUNDARIES ACT LOCATION: TOWN OF NEWCASTLE, COMPOSED OF PART OF LOT 9, BROKEN FRONT CONCESSION IN THE GEOGRAPHIC TOWNSHIP OF DARLINGTON AND BEING COMPOSED OF LOTS NUMBER 1 TO 10 INCLUSIVE ALL IN BLOCK "A", SMART PLAN OF SUBDIVISION (FIRST STREET, EAST BEACH) RECOMMENDATION: 1. That this report CD-30-82 be received; and 2. That Mr. David Sims, Solicitor, be requested to review the application and take whatever actions are necessary to resolve the issue; 3. That Mr. Merrill Brown, be directed to prepare the necessary reference plans in accordance with the requirements of the Director of Titles ; 4. That Council consider an allocation in the 1983 current budget in the amount of $10,000.00 to cover the costs of the project. 5. That prior to the implementation of recommendations 2, 3 and 4, all of the property owners affected be advised of the problem, the manner of its resolution and the estimated cost to be assessed to each of them; 6. That in the event serious objection is received from the affected property owners, Council reconsider the program. } Continued . . . . . 12 ca) CD-30-82 - 2 - June 14, 1982 BACKGROUND: The problems associated with the subject lands came to Council 's attention following receipt of a request by Mr. Wesley Huot, one of the property owners to have the Town undertake an application to establish property boundaries in the subject area. As a result of Mr. Huot's request, the Planning Department prepared a report (PD-40-82) which was considered by the General Purpose and Administration Committee on March 22nd 1982, and adopted. Subsequently, a By-law authorizing the application (By-law 82-38) was passed by Council on March 29th 1982, and an application for financial assistance and registration of the lands forwarded to the Director of Land Registration, Ministry of Consumer and Commercial Relations for his consideration. COMMENT: The Director of Titles has by letter dated May 13th 1982 advised, that upon formal application under the Land Titles Act and an application under the Boundaries Act being received he would approve a 25% subsidy out of the Land Titles Survey Fund based on estimated costs of, and incidental to the said application, which would be paid only upon completion of the project and receipt of statements of account with respect to the said costs. The costs associated with this application will include the following: (a) Survey costs estimated at $ 3,550.00 (b) Application fee under Land Titles Act 750.00 (c) Application fee under Boundaries Act 312.00. (d) Legal fees to research. Titles at Registry Office, preparation of abstracts of title and statement for each, property in accordance with Section 2 of Regulation 75/82 of the Land Titles Act, including notification of owners, mortgagees, persons holding an interest in any of the subject lands, interviews with the surveyor, reporting to the Registrar and Council on the status of the project, final registration of Plan, preparation of new deeds, their registration, and distribution to all persons holding an interest in the lands; $ 5,000.00 Continued . . . . . /3 CD-30-82 - 3 - June 14, 1982 (e) Production of books or instruments incidental to the application No Charge ESTIMATED COST OF PROJECT $9,612.00 LESS 25% SUBSIDY 2,403.00 BALANCE TO BE ASSESSED AGAINST AFFECTED PROPERTY OWNERS $7,209.00 Cost Recovery Ten properties are involved and the apportioning of costs would result in each owner being assessed approximately $720.00. Prior to pursuing the matter, all of the owners should be made aware of the facts and the costs associated with the program. The combination of Subsection 31(3) of the Land Titles Act and Section 6 of the Boundaries Act make provision for the municipality to recover costs of a combined municipal application by the levy of a special rate of assessment on all parcels within the application, or in the municipality. It would be appropriate, therefore, to levy all of the costs against the owners of the lands affected by the application within the year the project is completed. Resolution of the title and boundary problems, will require significant amounts of time and expertise in the Land Titles field. Staff do not have the time or expertise to undertake all aspects of the program. It would be appropriate, in the event that Council decides to carry out the program, to forward the file to the Town's Solicitor, and have him undertake the project on behalf of the municipality. As indicated earlier, the project will be costly and Council will be required to provide funds to pay for survey and legal fees in advance of the completion of the:project, .with the expectation, that all costs in excess of the twenty- - five percent grant approved by the Director of Titles will be covered from the affected property owners. All of:the actions carried out to date have been those directed. by Council and detailed in Report PD-40-82. Respectfully submitted, David W. . Oakes, A.M.C.T. Town Clerk.. DWO/ms Attachments. ly\ BOUNDARIES ACT APPLICATION FOR BOUNDARY CONFIRMATION TO THE DIRECTOR OF TITLES: 1. WE THE CORPORATION OF THE TOWN OF NEWCASTLE hereby apply to have the boundaries of the land described in the Schedule attached hereto confirmed under the Boundaries Act. 2. The address of the applicants for the service of any notices or other documents is: The Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6. 3. This application is made under Subsection 3(1) of the Act. 4. The applicants are the Council of the Municipality in which the parcel is situate. 5. We are fully aware that we are liable prima facie to pay all costs, charges and expenses of and incidental to this application. 6. Within the subject parcel described in the Schedule attached hereto, there are a number of problems which serve to make it impossible at the present time to identify the location of the boundaries of the individual lots within the parcel : (a) There are paper - title overlaps; (b) Cases of adverse possession; (c) Encroachments of as much as fifteen to sixteen feet from the original deed position. Dated at the Town of Newcastle this day of 19 David W. Oakes, Clerk, Corporation of the Town of Newcastle SCHEDULE TO APPLICATION FOR BOUNDARY CONFIRMATION 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 as follows: 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).