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HomeMy WebLinkAboutWD-93-92 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: DECEMBER 7, 1992 Res. #L:Z:L 4- / Report#: WD-93-92 Fife#: D 31189 By-Law# Subject: REQUEST FOR QUIT CLAIM SONBON HOMES SALE TO CHAPMAN PART 3, PLAN 1OR-2457 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-93-92 be received; 2 . THAT the By-law attached to Report WD-93-92 be passed authorizing the Mayor and Clerk to execute a quit claim deed to Sonbon Homes for the unnamed street in Part 3, Plan 1OR- 2457; 3 . THAT the Town's solicitor prepare the quit claim and take all actions necessary to complete the transaction; 4 . THAT the value of the land (0 . 047553 acres) , comprised of part of the unnamed street be established at $2,700; 5. THAT the applicant pay $2,700 for the land plus all costs associated with the transaction; 6 . THAT the applicant execute an Indemnity Agreement satisfactory to the Town Solicitor in favour of the Town of Newcastle; /2 11017 REPORT NO. : WD-93-92 PAGE 2 7 . THAT the applicant provide: a) A release form duly executed by the property owner of Part 2, Plan 1OR-2457; b) A registered reference plan describing the unnamed street as a separate part; and 8. THAT Sam L. Cureatz and Irwin Hamilton, Solicitors, be advised of Council's decisions . ---------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Rey Map No. 2 : Proposed By-law No. 3: By-law 1748 2.0 BACKGROUND 2 . 1 Sam Cureatz is requesting that the Town execute a quit claim to clear the title to property owned by his client, Sonbon Homes . 2 .2 Sonbon Homes is the owner of Part 3, Plan 1OR-2457 (Attachment No. 1) which they are in the process of selling. Part 3, Plan 1OR-2457 includes an unnamed street (Attachment No. 1) which was closed by By-law 1748, dated May 1973, but was never conveyed to abutting property owners . 3.0 REVIEW AND COMMENT 3 . 1 During the process of selling the land, the solicitor for the purchaser searched title and discovered that By-law 1748, dated May 1973, (Attachment No. 3) stopped-up and closed the unnamed street but no reference is made to conveyance of the lands `to abutting owners. . . ./3 i V I REPORT NO. : WD-93-92 PAGE 3 3.2 The deed currently registered for the property and Registered Reference Plan 1OR-2457 include the unnamed street as part of Sonbon's property. However, the absence of an authorizing by- law and an executed deed from the former Clarke Township creates a cloud on title. 3.3 Sam Cureatz, solicitor for the seller has requested that since the unnamed street was closed by by-law, the Town execute a Quit Claim with respect to the unnamed street in order to clear title and allow the transaction to be completed. Compensation- The value of the land shown as the unnamed street in Part 3, Plan 1OR-2457 has been established based on the current selling price of the subject property which is 0 .992587 acres @ $55,000 . The unnamed street is 0 . 047553 acres @ $55,000 . The established price is $2,634.50; rounded $2,700. 4.0 CONCLUSION 4. 1 The most efficient method of resolving the issue of title to Part 3, Plan 1OR-2457 is to execute a Quit Claim in favour of Sonbon Homes for an established value of $2,700 plus all associated costs with the transaction. Respectfully submitted, Recommended for presentation to the Committee alter A. Evans, P.Eng. , Lawrence E. Kotseff, Director of Public Works Chief Administrative Officer JCO*hj November 30, 1992 Attachment 01 \ \ \ \ Glossa e eNq\\ \ -...- \ � F \� -P 3 � I R ® 2 4-5- \ \, I ,S`UB JE e SITE D l e C:\ATTACHS\CLARKE\MILLORON �! o DRAWN BY. �M DATE. NOV. 1992 ATTACHMENT NO. 1 KEY MAP WD-93-92 } � 20 F i i CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- Being a by-law to authorize the execution of a Quit Claim Deed in favour of Sonbon Homes for Part 3, Plan 1OR- 2457. The Corporation of the Town of Newcastle hereby enacts as follows: 1) That the Mayor and Clerk are hereby authorized to execute on behalf of the Town of Newcastle, and seal with the Corporate Seal, a Quit Claim Deed in favour of Sonbon Homes, in the form attached hereto as Schedule 'A' 2) That Schedule 'A' attached hereto forms part of this by-law. BY-LAW read a first time this day of , 1992. BY-LAW read a second time this day of , 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK ATTACHMENT N0. 2 WD-93-92 X021 THE CORPORATION OF THE TOWNSHIP OF CLARKE BY-LAW NO. 1748 Being a By-law to stop-up certain road allowance and certain parts of road allowances in the Township of Clarke. WHEREAS notice of intention to pass this by-law was published once a week for at least four successive weeks in the Orono Weekly Times, Newcastle Reporter and the Bowmanville Statesman and posted up for at least one month in six of the most public places in the immediate neighbourhood of each of the said road allowances of road allowances hereby affected as required by the provisions of the Municipal Act: AND WHEREAS Council has received no objections from persons claiming that their land would be prejudicially affected by the by- laws; NOW THEREFORE the Municipal Council of the Corporation of the Township of Clarke ENACTS AS FOLLOWS: 1. THAT all those road allowances and parts of road allowances in the Township of Clarke described in Schedule "A" and forming part of this by-law be and the same are hereby stopped up. Read a first and second time this 3 day of April 1973. Reeve Clerk Read a third time and finally passed this 17 day of May 1973. Reeve Clerk TYPED FROM SIGNED ORIGINAL FOR COPYING PURPOSES ATTACHMENT N0. 3 '.JD-93-92 rU12 Schedule "A" to By-Law No. 1748 ALL AND SINGULAR those certain parcels or tracts of land and premises situated, lying and being in the Village of Orono and the Township of Clarke within the County of Durham in the Province of Ontario and being composed of: FIRSTLY: All of Village Lot One (1) forming part of the original Road Allowance between Concessions Four (4) and Five (5) across Township Lot Twenty-nine (29) according to C.G. Hanning's Plan of the said Village of Orono, together with parts of the aforesaid Road Allowance, all within the said Township of Clarke, more particularly described as follows: COMMENCING at the south-Westerly angle of Village Lot Eight (8) in Block "B", according to C.G. Hanning's Plan of the said Village of Orono; THENCE South 71 degrees 17 minutes 30 seconds West along the Southerly limit of said Township Lot 29 in the Fifth Concession, being the Northerly limit of the said Road Allowance, a distance of 895.45 feet to the point of intersection with a fence marking the existing Easterly limit of a travelled road running Southerly; THENCE South 36 degrees 47 minutes East in the line of the said fence a distance of 69.43 feet more or less to the point of intersection with the Northerly limit of Lot 29 in the Fourth Concession of the said Township of Clarke; THENCE North 71 degrees 17 minutes 30 seconds East along the last- mentioned limit, being the Southerly limit of the said Road Allowance, a distance of 872.96 feet more or less to the point of intersection with a line drawn on a course of South 17 degrees 53 minutes East from the point of commencement; THENCE North 17 degrees 53 minutes West a distance of 66 feet more or less to the POINT OR COMMENCEMENT. SECONDLY: All of the original Street Allowance lying between Blocks Eight (8) and Nine (9) according to C.G. Hannings Plan of the said Village of Orono, being part of the original Township Lot Twenty-nine (29) in the Fifth Concession of the Township of Clarke; THIRDLY: All of the original Street Reserve lying between Village Lots Three (3) and Four (4) in Block "U", according to C.G. Hanning's Plan of the said Village of Orono, extending from the Easterly limit of Mill Street to the Westerly limit of Church Street; FOURTHLY: All of the original Street Reserve lying between Block Four (4) and Block Thirteen (13) according to C.G. Hanning's Plan of the said Village of Orono, extending from the Easterly limit of Mill Street to the Easterly limits of the Village Lot Seventeen (17) , Rear Range, Block 4, and Village Lot Eighteen (18) Rear Range, Block 13; FIFTHLY: All of the original Street Reserve lying between Block Thirteen (13) and Block Ten (10) according to C.G. Hanning's Plan of the said Village of Orono extending from the Easterly limit of Mill Street to the Easterly limit of the Village Lot Twenty-two (22) , Rear Range, Block 13, and Village Lot Twenty-three (23), Rear Range, Block 10, SAVING AND EXCEPTING THEREOUT AND THEREFROM that part of the aforesaid Street Reserve that lies within the lands more particularly designated as Part Two (2) according to a plan deposited in the Registry Office for the Registry Division of Durham West as Number N21630; 023 Schedule "A" continued to By-Law No. 1748 SIXTHLY: Part of Princess Street and part of an unnamed Street Easterly adjacent to Block "G" according to C.G. Hanning's Plan of the said Village of Orono, and more particularly designated as Parts Four (4) , Five (5), Six (6) and Seven (7) according to a Reference Plan deposited in the Registry Office for the Registry Division of_ Durham West as Number 10 R. THE CORPORATION OF THE TOWNSHIP OF CLARKE BY-LAW NO. 1748 Being a By-law to stop-up certain road allowance and certain parts of road allowances in the Township of Clarke. WHEREAS notice of intention to pass this by-law was published once a week for at least four successive weeks in the Orono Weekly Times, Newcastle Reporter and the Bowmanville Statesman and posted up for at least one month in six of the most public places in the immediate neighbourhood of each of the said road allowances of road allowances hereby affected as required by the provisions of the Municipal Act: AND WHEREAS Council has received no objections from persons claiming that their land would be prejudicially affected by the by- laws; NOW THEREFORE the Municipal Council of the Corporation of the Township of Clarke ENACTS AS FOLLOWS: 1. THAT all those road allowances and parts of road allowances in the Township of Clarke described in Schedule "A" and forming part of this by-law be and the same are hereby stopped up. Read a first and second time this 3 day of April 1973. Reeve Clerk Read a third time and finally passed this 17 day of May 1973. Reeve Clerk TYPED FROM SIGNED ORIGINAL FOR COPYING PURPOSES ATTACHMENT N0. 3 >JD-93-92 Schedule "A" to By-Law No. 1748 ALL AND SINGULAR those certain parcels or tracts of land and premises situated, lying and being in the Village of Orono and the Township of Clarke within the County of Durham in the Province of Ontario and being composed of: FIRSTLY: All of Village Lot One (1) forming part of the original Road Allowance between Concessions Four (4) and Five (5) across Township Lot Twenty-nine (29) according to C.G. Hanning's Plan of the said Village of Orono, together with parts of the aforesaid Road Allowance, all within the said Township of Clarke, more particularly described as follows: COMMENCING at the south-Westerly angle of Village Lot Eight (8) in Block "B" , according to C.G. Hanning's Plan of the said Village of Orono; THENCE South 71 degrees 17 minutes 30 seconds West along the Southerly limit of said Township Lot 29 in the Fifth Concession, being the Northerly limit of the said Road Allowance, a distance of 895 .45 feet to the point of intersection with a fence marking the existing Easterly limit of a travelled road running Southerly; THENCE South 36 degrees 47 minutes East in the line of the said fence a distance of 69 .43 feet more or less to the point of intersection with the Northerly limit of Lot 29 in the Fourth Concession of the said Township of Clarke; THENCE North 71 degrees 17 minutes 30 seconds East along the last- mentioned limit, being the Southerly limit of the said Road Allowance, a distance of 872 .96 feet more or less to the point of intersection with a line drawn on a course of South 17 degrees 53 minutes East from the point of commencement; THENCE North 17 degrees 53 minutes West a distance of 66 feet more or less to the POINT OR COMMENCEMENT. SECONDLY: All of the original Street Allowance lying between Blocks Eight (8) and Nine (9) according to C.G. Hannings Plan of the said Village of Orono, being part of the original Township Lot Twenty-nine (29) in the Fifth Concession of the Township of Clarke; THIRDLY: All of the original Street Reserve lying between Village Lots Three (3) and Four (4) in Block "U", according to C.G. Hanning's Plan of the said Village of Orono, extending from the Easterly limit of Mill Street to the Westerly limit of Church Street; FOURTHLY: All of the original Street Reserve lying between Block Four (4) and Block Thirteen (13) according to C.G. Hanning's Plan of the said Village of Orono, extending from the Easterly limit of Mill Street to the Easterly limits of the Village Lot Seventeen (17) , Rear Range, Block 4, and Village Lot Eighteen (18) Rear Range, Block 13; FIFTHLY: All of the original Street Reserve lying between Block Thirteen (13) and Block Ten (10) according to C.G. Hanning's Plan of the said Village of Orono extending from the Easterly limit of Mill Street to the Easterly limit of the Village Lot Twenty-two (22) , Rear Range, Block 13, and Village Lot Twenty-three (23) , Rear Range, Block 10, SAVING AND EXCEPTING THEREOUT AND THEREFROM that part of the aforesaid Street Reserve that lies within the lands more particularly designated as Part Two (2) according to a plan deposited in the Registry Office for the Registry Division of Durham West as Number N21630; Schedule "A" continued to By-Law No. 1748 SIXTHLY: Part of Princess Street and part of an unnamed Street Easterly adjacent to Block "G" according to C.G. Hanning's Plan of the said Village of Orono, and more particularly designated as Parts Four (4) , Five (5) , Six (6) and Seven (7) according to a Reference Plan deposited in the Registry Office for the Registry Division of Durham West as Number 10 R.