HomeMy WebLinkAboutCD-54-84 �U+A1:OWLfDGf AYO 1)r
CORPORATION OF THE TOWN OF NEWCASTLE
OFFICE OF THE TOWN CLERK
40 TEMPERANCE STREET TELEPHONE 623-3379
BOWMAN ILLE, ONTARIO
Li C 3A6
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF
SEPTEMBER 17, 1984.
CD-54-84 - Our File: 35.60.20.
SUBJECT: REQUEST BY NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION
FOR A CORRECTING DEED RESPECTING THE ONTARIO STREET PUBLIC
SCHOOL, BOWMANVILLE.
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 request of the Northumberland and Newcastle Board of Education's
request for the execution of a correcting deed respecting the lands
currently occupied by the Ontario Street Public School , be approved; and
3. That the By-law attached hereto authorizing the Mayor and Clerk to execute
the correcting deed on behalf of the Town of Newcastle be enacted.
BACKGROUND AND COMMENT:
Mr. J. D. Mann, Solicitor for the Board of Education, requested by letter dated
August 3rd 1984, that the municipality execute a deed in favour of the School
Board for the purpose of correcting an existing oversight relating to the
original conveyance by the former Town of Bowmanville, of the lands upon
which the school is located. Mr. Mann reported, that two deeds to the bulk
of the lands are still registered in the name of "The Corporation of the Town
of Bowmanville. " The deeds reflecting this ownership are dated the 3rd day of
June 1946 and the 7th day of May 1946, and were registered as Instrument
Numbers 12304 and 12268 respectively.
Continued . . . . ./2 �
CD-•54-84 - 2 - September 17, 1984 '10;/
The matter of land ownership was reviewed by staff and the Assessment Roll shows,
that the ownership of the lands referred to herein are listed as being vested in
the Board of Education. It would be in order, therefore, to authorize by by-law,
the execution of the correcting deed and assist the Board in establishing their
position on title. The Board has agreed to assume responsibility for any costs
associated with the preparation and registration of the correcting deed.
Respectfully submitted,
�A,] David W. Oakes, B.A. , A.M.C.T. ,
r Town Clerk.
{
DWO/ms
Attachments: Copy of Deed
Copy of By-law
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 84-
being a by-law to authorize the execution
of a correcting deed in favour of the
Northumberland and Newcastle Board of
Education (Ontario Street School)
THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS:
THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Town of Newcastle, and seal with the Corporationseal, a
correcting deed in favour of the Northumberland and Newcastle Board of
Education with respect to those lands and premises situate in the Town of
Newcastle (former Town of Bowmanville, County of Durham) now in the Region
of Durham, and being composed of Lot Numbers 1, 2, 7, 8, 9 and 10 in Block 17,
fronting on the south side of Ontario Street as shown on a plan of the Village
of Bowmanville made by John Grant, P.L.S., which was registered in the Registry
Office for the County of Durham on the 20th day of•April 1852, and is now in
the Registry Office for the Registry Division of Newcastle (No. 10).
By-law read a first and second time this day of 1984.
By-law read a third time and finally passed this day of 1984.
Mayor
Clerk
[File No..... .s..��....- .................
Deed—Rlilhoul Spousal Consent "vc II DURHAM CO.11 h111 ED
-11 NO. I-3
C1;41-1i Xubrittarr
made in duplicate the 24th day of August,
one thousand nine hundred and eighty-four.
Jn Vursunnce of the fhort harms of Tonuegances.pct:
Netween
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called- the "GRANTOR"
of the first part
- and -
THE NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION,
hereinafter called the "GRANTEE"
of the second part
WHEREAS title to the subject property was acquired by deeds registered as
instrument numbers 12268 and 12304 in 1946;
AND WHEREAS a school has been situate on the subject property and other lands
for many years;
AND WHEREAS the Corporation of the Town of Newcastle is the successor of the
Corporation of the Town of Bowmanville by reason of The Regional Municipality
of Durham Act, 1973, c. 78, now R.S.O. 1980, c. 434;
Witnesset4 that in consideration of other good and valuable consideration and
thesum of TWO---------------------------------------------------------
------------------------------------($2.00)----------------------DOLLARS
now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him
acknowledged, he the said Grantor DOTH GRANT unto the said Grantee in fee simple
THOSE lands and premises located in the following municipality, namely,
in the Town of Newcastle (formerly Town of Bowmanville, County of Durham) ,
in the Regional Municipality of Durham,
and being composed of Lot Numbers 1, 2, 7, 8, 9 and 10 in Block 17, fronting
on the south side of Ontario Street as shown on a plan of the Village of
Bowmanville made by John Grant, P.L.S., which was registered in the
Registry Office for the County of Durham on the 20th day of April, 1852,
and is now in the Registry Office for the Registry Division of Newcastle
(No. 10) .
i
Deed—Without Spousal Consent DYE G DURHAM CO.LIMITED
Paget FORM NO. 2
TO HAVE AND TO HOLD unto the said Grantee, his heirs, executors, administrators,
successors and assigns to and for their sole and only use forever;
SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions
expressed in the original grant thereof from the Crown.
The said Grantor COVENANTS with the said Grantee that he has the right to convey the
said lands to the said Grantee notwithstanding any act of the said Grantor.
AND that the said Grantee shall have quiet possession of the said lands free from all
encumbrances.
AND the said Grantor COVENANTS with the said Grantee that he will execute such further
assurances of the said lands as may be requisite.
i
AND the said Grantor COVENANTS with the said Grantee that he has done no act to
encumber the said lands.
AND the said Grantor RELEASES to the said Grantee ALL his claims upon the said lands.
i
PROVIDED that in construing these presents the words "Grantor" and "Grantee" and the pronouns "he", "his"
or "him" relating thereto and used therewith shall be read and construed as "Grantor" or "Grantors", "Grantee"
or "Grantees",and "he", "she", "it"or"they", "his", "her", "its"or"their",or"him", "her", "it"or"them",
respectively,as the number and gender of the party or parties referred to in each case require, and the number of the
verb agreeing therewith shall be construed as agreeing with the said word or pronoun so substituted.
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
SIGNED,SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF NEWCASTLE
In the Presence of —"
(I'ur U,r U,d,,L+nd Mlle, pVL fl DUR HAht 00.LIMITED
A11 S R191,11)Aril
AMF.NDFD AUGUST 1981 FORM N...1.
PLANNING ACT AFFIDAVIT
IN THE MATTER OF THE PLANNING ACT, 1983
AND IN THE MATTER OF THE TITLE TO Lots 1, 2, 7, 8, 9 and 10 in Block 17,
South side of Ontario Street, Town of Newcastle, Regional Municipality of Durham
Drrd,tran,kr, AND IN THE MATTER OF A Deed
Mortgage,C'huge,
THEREOF, FROM THE CORPORATION Or THE TOWN Or NEWCASTLE
TO THE NORTHUMBERLAND AND NEWCASTLE BOARD Or EDUCATION
DATED August 24th 1984 ,
1, David W. Oakes,
ofthe Town of Newcastle in the Regional
Municipality of
MAKE OATH AND SAY AS FOLLOWS: Durham
I. 1 am the Clerk of the Grantor
TI,nrI11 drn) named in the above mentioned Instrument,and have knowledge of the matters hereinafter sworn.
r nl tlm pamr,
w.,h1,whunn
2. A consent under section 49 of the Planning Act, 1983,in respect of the said Instrument is not required
because
urlrtr w) }�A�CXAhX�l�txb7KX'HH�3tL>�gCSDXYcXL(&irX44k8C XI 1�HMHgC Ki4�NKl�i}F�t�iRYJ1Wt7k3t tN/X�t}!'Ytx�iXtXd�$Xii4X�F•
r1.,1�I,r,u.nle fjg4CX�itX�R7�¢44CQ4'X�10E�'tt�H�hCCC�IJXW7LXA['Xl RI4l43i�KKXXfQiM�t Y[HH}{MXfI�1i�fH'Xt}Si�X`pV`d`pt�X�t�Y+7flX24J4
lYY/�X}lH6!%@ tt{]1H�4�X(1�}YXX}JY[HG3x#HM�CdfIM}t?f Hl�(}f#XXl[,$t[X�d�tGSXb�IH� �1� +Xt`�?�t�+X'Yt�is�+`t�lX
�XG({{}Sit/Xff1X�H}Idt�le/Y[7t}lxX�]'@C}{'�l��t�{dtfXOdH' /1{H1dhCi{3107XXDt}fl 1MB�2i}4kd(dtl�4xbi3��itdlxpF1lf17t3 CX&(Q4XGh)t8[Ik
/�axx�fxi�ttt�vts(mH.
it is exempt as a disposition from the Municipality.
Slnlr other
I.a,on Ir:u1).
SWORN before me
at the Town of Newcastle
in the Regional Municipality of Durham
this David W. Oakes
dayof August 1984 .
A COMMISSIONER FOR TAKING AFFIDAVITS.ETC
Refer toalUnstructions oYi a ounn.v.,co.uenrcri
-6n Reverse Side
Form 1 - Land Transfer Tax Act
AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE OF(insert brief description of land)in, the Town of Newcastle, Regional Municl
....... ipaity
.. .......
of,Durham,,,Lot Numbers.l, .2, 7, 8, 9 and 10.in Blgck 17� south side of Ontario Street, shown
............... .................
on,plan .of Village of. Bowmanville,. .,. .. ..
....................... ....................
BY(print names of all translators in lull)...THE CORPORATION OF THE TOWN OF NEWCASTLE
.........................................................................................................................
TO(see instruction 1 andprint names of all transferees in full).THE NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION
...............................................................................................................I.........
J. Dou las Mann,
I,(see instruction 2 and print name(s)in full).••••••••••�••••••••••••..••.........•.•.•.•.••••••••.••••••.•••••••. ....-..-..--
.............................................................................................I.................I.........
MAKE OATH AND SAY THAT:
1 I am(place n clear nrark within(ha square opposite that orient the following pmagraphs that describes the capacity of the depononl(s)),(see Instruction 2)
L (a)A person In trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ Ib)A trustee named in the above-described conveyance to whom the land is being conveyed;
] (c)A transferee named in the above-described conveyance;
(d)The authorized X6NM solicitor acting in this transaction for(insurtname(.)olpnnc/pal(s)) .TILE.NORTHUMBERLAND AND.NEWCASTLE
...BOARD.OF.EDUCATION............................................I.......................... ..........
.... ....................... described in paragraph(s) p8), W, (c) above;(strike out eferences to Inapplicable paragraphs)
�J (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for(insert name(s)otcorporation(s))..............
................................................................................................................
...................I....... described In paragraph(s) (a), (b), (c) above;(strike out references to inapplicable paragraphs)
(f)A transferee described in paragraph( )(insert only one ofparagraph(a),(b)or(c)above,as applicable)and am making this affidavit on my own
behalf and on behalf of(insertnameof spouse).............................................................................
who is my spouse described In paragraph( ).(Insert only one olparagraph(a),(b)or(c)above,as applicable)
and as such,I have personal knowledge of the facts herein deposed to.
2. 1 have read and considered the definitions of"non-resident corporation"and"non-resident person"set out respectively In clauses 1(1)(f)
and(g)of the Act.(see instruction 3).
3. The following persons to whom or In trust for whom the land conveyed in the above-described conveyance is being conveyed are non-resident
persons within the meaning of the Act.(see instruction 4) ..........................................................................
.....................................................I....none.......................................................
......................................................................................................................
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash......................................... $...2...00........
(b)Mortgages(I)Assumed fshow principal and interest to be credited against purchase price) . $ ...nil.........
III)Given back tovendor....................................... $...nil.........
(c)Property transferred in exchange(detalibelow) .............................. $...nil.........
(d)Securities transferred to the value of(det ailbelow)............................ $...nil......... Au BLANKS
(e)Liens,legacies,annuities and maintenance charges to which transfer is subject... $...nil......... MUST BE
(f) Other valuable consideration subject to land transfer tax(detail below)............ $ nil FILLED IN.
INSERT" R."
(g)VALUE OF LAND,BUILDING,FIXTURES AND GOODWILL SUBJECT TO WHERE
LAND TRANSFER TAX(TOTAL OF(a)to(t)).............................. $,,,?•OO $. .2.00...,•... APPLICABLE.
(h)VALUE OF ALL CHATTELS-items of tangible personal property
(Rata//Sales Tax is payable on the value of ell chattels unless exempt under nil
fha provisions of the"Retell Sales Tax Act';R.S O.1980,c.454,as emended).....•••••••••••.••••••••••••••••••''' $
It) Other consideration for transaction not included in(g)or(h)above $
(1) TOTAL CONSIDERATION .................................................................. $ nil —
5. If consideration Is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 5) ..........
...........................t1/a.............................. ........................................................
6. If the consideration is nominal,is the land subject to any encumbrance? ..............!T/a......................................
7. Other remarks and explanations,if necessary...to.,correct,title•,••,••,,,,,,,••,,,••,,_..,,,.•...
.........................
....................................................................................................................................
............................................................................................................................I.......
....................................................................................................................................
............................................................................................................... ....................
SWORN before meat the Town of Port Hope,
inthe County of Northumberland,
this dayof August 1984
............................ .......I............
signature(s)
A Commissioner for taking Affidavits,etc. J. Douglas Mann
PROPERTY INFORMATION RECORD
A. Describe nature of instrument:......,... Deed
..............................................................................
B. (I) Address of property being conveyed ef avanable)....n/a......................................................................
.. ................................................. ...............................................I........
.......
(ii)Assessment Roll No.(davadable).............n/a.........................................................................
C. Mailing address(es)for future Notices of Assessment under the Assessment Act forproperty beingconveyed(seemsouctomb),.................
..8.34..D!Arcy,Street.r..COBOURG.r..Ontario.•....................................................................
............ .........................................................................................................
D. (i) Registration number for last conveyance of property being conveyed(ifavailable) ., n/a
(i)Legal description of property conveyed: Same as in D.(i)above. Yes L] No ❑ Not Known N
E. Name(s)and address(es)of each transferee's solicitor For Land Registry Office use only
J. Douglas Mann,
Brooks,,.Harrisonz Mann, & Associates, REGISTRATION NO.
114 Walton Street,
Land Registry Office No.
PORT HOPE_Ontario.
LlA 1N5 Registration Date
INSTRUCTIONS
1. Where any transferee(other than a joint tenant)is taking less than the whole interest in the property being acquired,
then the percentage ownership of each such transferee must be.clearly indicated beside his/her respective name.
2. (1) It should be noted that if all deponents are not entitled to mark the same square in paragraph 1 of the Affidavit,
then more than one Affidavit will be required.Only those deponents who are entitled to mark the same square in
paragraph 1 may swear the same Affidavit.
(ii) This Affidavit is required to be made by each transferee named in the conveyance,by each person in trust for
whom the land conveyed in the conveyance described is being conveyed and by each trustee named in the con-
veyance to whom the land is conveyed.
(iii) However,any of the transferees may have the Affidavit made on his behalf by an agent authorized in writing to
make the Affidavit or by his solicitor.(see clause(d)of paragraph 1 of Affidavit)
(iv)-The Affidavit for a transferee that is a corporation may be made by its President, Vice-President, Manager,
Secretary,Director or Treasurer.(see clause(e)of paragraph 1 of Affidavit)
(v) Where transferees are married to each other,either spouse may make the Affidavit on behalf of him/herself and the
other.(see clause(f)of paragraph 1 of Affidavit)
3. Extract of clauses f and g of subsection 1 of section 1 of the Act:
(f) "non-resident corporation" means a corporation incorporated, formed or otherwise organized in Canada or
elsewhere,
(i) that has allotted and issued shares to which are attached 50 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation and that are owned by one or more non-resident
persons,but this subclause does not apply where it is established to the satisfaction of the Minister that such
one or more non-resident persons do not in fact directly or indirectly exercise control over the corporation and
that subclause(v)does not apply to the corporation,
(ii) that has allotted and issued shares to which are attached 25 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation and that are owned by any one non-resident
person,but this subclause does not apply where it is established to the satisfaction of the Minister that such
non-resident person does not in fact directly or indirectly exercise control over the corporation and that sub-
clause(v)does not apply to the corporation,
(iii) one-half or more of the directors of which,or of the persons occupying the position of director by whatever
name called,are individuals who are non-resident persons,
(iv) without share capital and one-half or more of the members of which are non-resident persons,or
(v) that is controlled directly or indirectly by one or more non-resident persons,including a non-resident corpora-
tion within the definition contained in the provisions of this clause other than this subclause;
(g) "non-resident person"means,
(i) an individual who is not ordinarily resident in Canada or who, if ordinarily resident in Canada, is neither a
Canadian citizen nor an individual who has been lawfully admitted to Canada for permaneni residence in
Canada,
(ii) a partnership,syndicate,association or other organization of whatsoever kind of which one-half or more of the
members are non-resident persons within the meaning of subclause(i),(iii)or(iv)or in which interests repre-
senting in value 50 per cent or more of the total value of the property of such partnership, syndicate,
association or other organization are beneficially owned by non-resident persons within the meaning of
subclause(i),(lit)or(iv),
4. Insert the name and place of residence-or in the case of a corporation,the place of incorporation-of any transferee
who is a non-resident person.If space is insufficient,attach a list of those transferees who are non-resident persons.If
none of the transferees is non-resident,insert'none'.
Note:Where the person named in the instrument as grantee is taking title on behalf of another person(s), the
residency status to be recited must be that of the person or persons who are the beneficial owners of the land-
not that of the grantee named in the instrument. This applies regardless of whether the trustee or nominee
capacity of the grantee named In the instrument is Indicated on the instrument.
5. Explain purpose of transfer:natural love and affection,pursuant to court order,separation agreement,etc.
6. Insert mailing address(es)where municipal assessment notices for property being conveyed are to be forwarded after
closing of this transaction.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGISTRATION,
ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT THE TIME
OF REGISTRATION.
Decd—Page 3 DYL r. DURHAM CO.LRAITED
I,
of the
in the
make oath and say:
1 am a subscribing witness to the attached instrument and 1 was present and saw it executed
at by
'Srr lunlnuly
'Sea IIIr1IR11tC
I verily believe that each person whose signature I witnessed is the party of the same ame referred to in
the instrument.
SWORN before me at the
this day of 19
A C.O/.1 M11i5510 rlLR FOR TAPING AFFIDAVITS 1—
•Whrreu party.e unable to naul lhr la,tnunent ur whrreu puny nlgnx/SPOUSAL furelgn chnmele hnnnlr ujnlnlrnevl 1b,Itih a"11' dy hrhrrr that the/,rnun u'ho..r srgnntnn 1 nn
(o rrernn'/hr In""` ""` AFFIDAVIT AS TO A USAL STATUS
1 / WE
of the
in the
(severally) make oath and say: When I / WE executed the attached instrument.,
•11:n a'rnev
>ee film note
f WAS / WE WERE E CH at least eighteen years old;
and within the ineaning o clause l(J)Rllhe Falnih•Law Reform Act,
vlae.,nl (a) I WAS / WAS NOT a spouse.
nnppbcnbly
rlml,te.
(b) was my spouse.
(c) We ere spouses of one another.
••Nul n
Afxlr,montnl
Ilan etc
ere foalnnte.
Itevidenl of
('anndn,ulc.
(SEVE LLY)SWORN before me at the
t is day of 19
1
A COMI.tISSIONER FOR TAKING AFFIDAVITS,ETC.
•Whr:r aflldavlt i+made bi-,ROl no+u b+liluie:"II'henlr+e lIed/he ulNrhedlrl+lnlnlenln.n/trnriry lur/nr/nn'rd/rrrn.r/wll he l+rn/rrurrtul u+lnnr...lab lhr/uiun/r'e ui('Llu+r llll.l/Ih,l'ururA'
1"',Relurrrr.I.1/,lad rl up/0"I'/r.Irl.rrl n,llne•u/+luru+r/.:1/the llrur R/,-.........u/M,t1 n.er u/411urnev/nuuli rrl lulu r/w/I'rv+ell hunt elA'hlrrn real+rrl ug,The f4rx r+rr/:IlM1rrn<'v
l+nr llrl/ll-1
oral J/'.rl and hm nal frrrn rcrnArd"
'•\i'bem+pau+r dVO not Iui,In nl.nn+em,+tr Subsection 4217101 I Ile Family 1 au Reform An,I.+r:omplele+rp,llAle ARrd.o ill
I,
of the
in the
aloe oath and say:
I am a subscribing witness to the attached instrument and I was present a saw it executed
at by
'See footnote
-See footnote
I verily believe that each person whose
the instrument. /
SWORN before me at the
this
A COMMISSIONER FOR TAKING AFFIDAVITS,ETC.
fature I witnessed is the party of the same name referred to in
19
'Where a party is unable In rend the instrument or where a party sign,by making his mark or in foreign characters add'after the instrument had been readm
hlrn and he apprarcd filly(u understand i(".
Where executed under a power ofathnney inxrt"(name ofat(orney)as attorney for(name ofporty)",and for next
dmrse substitute"1 een(y beliefs•(hat the person whose signature 1 witnessed,,as aulh—,ed to execute the instrument as,attorney for
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