HomeMy WebLinkAboutCD-32-84 µ\Spd'KhOWMEMU CORPORATION OF THE TOWN OF NEWCASTLE V1--
OFFICE OF THE TOWN CLERK
40 TEMPERANCE STREET TELEPHONE 623-3379
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BOWMAN ONTARIO
L1C3A6
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF
MAY 7TH 1984.
CD-32-84 - File: 16.7.140.
SUBJECT: REQUEST BY PUBLIC WORKS CANADA FOR AN EASEMENT OR
QUIT CLAIM TO PART 1 OF REFERENCE PLAN 1OR-1484 -
ACCESS TO THE EAST BREAKWATER, BOWMANVILLE HARBOUR.
RECOMMENDATIONS:
It is respectfully recommended, that the General Purpose and Administration
Committee recommend to Council the following:
1 . That this report be received; and
2. That the Town's Solicitor be authorized to prepare the necessary Quit
Claim Deed to remove the cloud on title to Part 1 Plan 10R-1484; and
3. That the Mayor and Clerk be authorized to execute the Quit Claim Deed; and
4. That the Clerk prepare the necessary by-law to authorize execution of the
Quit Claim Deed.
BACKGROUND AND COMMENTS:
Public Works Canada, by letter dated October 21st 1983, requested that the
Town of Newcastle provide them with an easement over Part 1 , Plan 1OR-1484.
The request was made because Public Works Canada apparently has no legal
access to the East Breakwater in Bowmanville Harbour and are, as a result
effectively prevented from accessing the breakwater by land should they
wish to make repairs.
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CD-32-84 - 2 - May 7th 1984 r�
Their request was circulated to the Public Works Department for comment,
and Mr. Dupuis recommended the execution of a Quit Claim, rather than an
easement in favour of Public Works Canada. This would, in his opinion,
relieve the Town of any responsibility should problems relating to the
land, develop in future.
By letter dated November 17th 1983, the writer advised Public Works Canada
of the status of their request, and asked in the circumstances if they would
be prepared to pay our Solicitor's fees for the preparation of a Quit Claim
Deed in the sum of $125.00.
Mr. S. W. Csamer, Property AGent, Easements and Utilities, Ontario Region,
Public Works Canada, by letter dated April 3rd 1984, advised as follows:
"Please prepare and register a Quit Claim . . .
with respect to the Federal Crown 's access
requirements . . . [to the East Breakwater,
Bowmanville Harbour]. The Crown agrees to
pay the municipality's legal fees in the
amount of $125.00."
It is appropriate to note, that the Town's interest in the subject lands
arises out of a tax arrears certificate registered against the lands by
the former Town of Bowmanville on October 10th 1967, claiming $1 ,211 .78 owing,
and a further declaration registered on December 6th 1967, indicating that
$1 ,370. 19 was owing in respect of the said tax arrears. The Town's Treasury
Department has reviewed the documents and the tax rolls, and have reported
that as of March 4th 1983, there were no taxes owing.
Mr. Sims at my request, reviewed all of the documents on file and provided
-the following opinion:
". . .we believe that the tax arrears certificate
creates a cloud on the title to the land. Unless
there is any other independent evidence to
indicate that the taxes remain outstanding or
unpaid, or that the lands were in some way added
to the inventory of Town-owned lands, I do not
believe that it can now be said that the lands in
question are now owned by the Corporation of the
Town of Newcastle . . . [and] we believe that the
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CD-32-84 - 3 - May 7th 1984
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most that can be done . . . is to execute a Quit
Claim Deed to remove the cloud on title."
Having regard for the comments made by Treasury, Public Works and Mr. Sims,
it is recommended that the Town execute a Quit Claim Deed in favour of the
applicant for the purpose of removing the cloud on title, on the understanding
that they will pay the Solicitor's legal fees.
Respectfully submitted,
/r
�y David W. Oakes, B.A. , A.M.C.T. ,
Town Clerk.
DWO/ms
April 17, 1984.
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