HomeMy WebLinkAboutLGL-002-16 Clarington
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Report
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Report To: General Government Committee
Date of Meeting: April 18, 2016
Report Number: LGL-002-16
File Number: Department File #L4000-10-41 By-law Number:
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Report Subject: Original Road Allowance Title Issues
(1) Lots 34 and 35, Concession 1, Darlington
(2) 3499 Concession Road 7, Orono (Barraball)
Recommendations:
1. That Report LGL-002-16 be received; and
2. That the by-laws attached to this Report (Attachments 3 and 4) be passed.
Municipality of Clarington Page 2
Report LGL-002-16
Report Overview
Staff are recommending that Council pass by-laws to (a) correct a title problem relating
to a portion of the original road allowance between Lots 34 and 35, Concession 1,
Darlington; and (b) close and convey a small portion of the original road allowance
between Lots 28 and 29, Concession 7, Clarke.
1 . Background
(a) Original Road Allowance between Lots 34 and 35, Concession 1, Darlington
1.1 In February, 2016 the Legal Department received an email from a law firm
(Markoff & Shain LLP) representing 2399263 Ontario Limited (the "Company").
The Company owns, and is looking to develop, a vacant parcel of land
municipally known as 1445 Gord Vincent Avenue (see Attachment 1 — Location
Map 1). The email indicated that there was a title problem affecting this property
that dated back over 150 years. I have investigated, and for reasons set out
below, agree that there is a title problem that should be corrected.
(b) Original Road Allowance between Lots 28 and 29, Concession 7, Clarke
1.2 In December, 2015, staff were advised that as part of a minor variance that was
granted in July 1971 by the Clarke Township Committee of Adjustment, the
former Township committed to closing and conveying a small portion of the road
allowance between Lots 28 and 29, Concession 7, Clarke adjacent to the
property municipally known as 3499 Concession Road 7 (see Attachment 2 -
Location Map 2). The promised transfer to the applicants (W.G. and M.J.
Barraball) never occurred.
2. Discussion
(a) Original Road Allowance between Lots 34 and 35, Concession 1, Darlington
2.1 The minutes of a February 24, 1872 Hampton Town Hall meeting read as follows:
"Moved by Mr. Buck, sec by Dr. Brown that Messrs Windate-Smuck
and ... are hereby appointed to examine the allowance for road
between Lots 34 and 35 in the 1St Con and report upon...same and
the value ... Council."(some parts are illegible)
Municipality of Clarington
Report LGL-002-16 Page 3
2.2 A portion of the original road allowance described in the minutes was purchased
by Robert Everson in 1872 for $50.00. In a Deed dated November 2, 1872
(registered 2 Y2 years later on March 8, 1875 as Instrument No. 2003), The
Corporation of the Township of Darlington transferred to Robert Everson the land
described as follows:
"the west half of the rear one hundred and sixty-rods of the road
allowance between lots thirty-four and thirty-five in the first
concession of said Township contained by admeasurement two
acres more or less."
2.3 We have searched our archives for a by-law that closed this portion of the road
allowance, but no record could be found.
2.4 Registry records indicate that Mr. Everson owned 80 acres immediately west of
the portion of the road allowance described in section 2.2 above. The western
boundary of Mr. Everson's 80 acre parcel was 160 rods in length (approximately
2,640 feet). The actual length of the road allowance was slightly less than 2640
feet because the way of measurement back then was not as accurate as today.
The clear intention was to convey the portion of the road allowance up to the
northern limit of Concession 1.
2.5 In 1902, Mr. Everson's widow Grace Everson conveyed the 80 acre parcel by
Instrument 8494 to Thomas Bickle. Inadvertently, the road allowance Mr.
Everson purchased in 1872 was not included in that Deed.
2.6 In May of 1971, by Instrument 54165, Ronald Bickle (a descendent of Thomas
Bickle) sold a portion of the 80 acres to Gatehouse Holdings Limited. In that
legal description, the southerly 2422.75 feet of the road allowance was included.
This parcel was later developed and subdivided.
2.7 The effect of the above transfers is that a 60.875 m x 10.059 m (200 ft. x 33 ft.)
parcel of land that used to be part of the road allowance was converted to Land
Titles Qualified (a Registry Office process which converted paper title to
electronic title in 2000) and recorded in the name of The Corporation of the
Municipality of Clarington (formerly the Township of Darlington). These lands are
shown as the "Remnant Lands" in Location Map 1 (Attachment 1). The Company
has prepared a Reference Plan that describes these lands as Part 2 on Plan
40R-29161.
2.8 The lands to the west of the road allowance were sold by Chalui Bickle and
William Maurice Bickle to the Company on December 22, 2015. The transfer to
the Company did not include the Remnant Lands because Registry Office
Municipality of Clarington
Report LGL-002-16 Page 4
records incorrectly show the owner as "The Corporation of the Municipality of
Clarington".
2.9 In my opinion, it is appropriate to correct a 125 year old title problem by passing
the by-law attached to this Report (Attachment 3).
(b) Original Road Allowance between Lots 28 and 29, Concession 7, Clarke
2.10 In July 1971, the Clarke Township Committee of Adjustment approved a minor
variance for the property municipally known as 3499 Concession Road 7 which
was owned by W.G. and M.G. Barraball. Mr. and Mrs. Barraball are still the
owners of the property. A variance to the side yard setback zoning requirement
was needed in order to construct the house that is now on the property.
2.11 The Minutes of the Committee of Adjustment meeting held on June 7, 1971 note
that Mr. Ross, the Road Superintendent for the Township, confirmed "that the
road plans in the immediate area to the east of the proposed dwelling would have
the effect of taking the travelled portion of the road farther away from the house
rather than closer". The application was "adjourned for an inspection".
2.12 When the matter came back to the Committee on July 12, 1971, the decision of
the Committee states that "[w]hen the north-south road to the east of the subject
property is rebuilt as scheduled by the Township, the house will be properly
located and in effect, the problem is, therefore, temporary in nature. The
Township of Clarke, in their normal practice, deed closed road allowances to the
abutting owner and that is what will be done in this case."
2.13 Best Road was rebuilt in the early 1970s but the promised closure and
conveyance never occurred.
2.14 Reference Plan 10R-95 prepared in 1971 shows as Part 4 the part of the road
allowance that should have been closed and conveyed to Mr. and Mrs. Barraball
to fulfil the promise made in 1971.
2.15 The Minutes of the Committee meeting do not indicate whether any consideration
was to be paid for the transfer. Given the size of the parcel (.291 acres), staff are
recommending that the property be conveyed at no cost.
3. Concurrence
3.1 This report has been reviewed by the Director of Engineering Services who
concurs with the recommendations.
Municipality of Clarington
Report LGL-002-16 Page 5
4. Conclusion
4.1 It is respectfully recommended that Council adopt the by-laws attached to this
Report (Attachments 3 and 4) to correct minor title issues.
5. Strategic Plan Application - not applicable
Submitted by: Reviewed byc
Andrew C. Allison, B. Comm, LL.B Franklin Wu,
Municipal Solicitor Chief Administrative Officer
Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net
Attachments:
Attachment 1 - Location Map 1
Attachment 2 - Location Map 2
Attachment 3 - By-law 2016-040 closing and conveying part of the road allowance
between Lots 34 and 35, Concession 1 (Darlington)
Attachment 4 - By-law 2016-041 closing and conveying part of the road allowance
between Lots 28 and 29, Concession 6 (Clarke)
Persons to be notified:
Markoff & Shain LLP
2399263 Ontario Limited
Willis Barraball and Marilyn Joan Barraball
ATTACHMENT N0. 1
LGL-002-16
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ATTACHMENT NO. 3
LGL-002-16
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2016-040
Being a by-law to close and authorize the transfer part of
the original road allowance between Lots 34 and 35,
Concession 1 (Darlington)
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to pass this by-law;
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW
OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. That portion of the original road allowance between Lots 34 and 35, Concession
1 (Darlington), Municipality of Clarington, described as Part 2 on Plan 40R-29161
is hereby closed.
2. Part 2 on Plan 40R-29161 shall be conveyed to 2399263 Ontario Limited by The
Corporation of the Municipality of Clarington for nil consideration.
3. That the Municipal Solicitor be directed to take all necessary actions to complete
the transaction.
BY-LAW passed this 18th day of April, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
ATTACHMENT NO.4
LGL-002-16
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2016-041
Being a by-law to close and authorize the transfer part of
the original road allowance between Lots 28 and 29,
Concession 6 (Clarke)
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to pass this by-law;
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW
OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. That portion of the original road allowance between Lots 28 and 29, Concession
6 (Clarke), Municipality of Clarington, described as Part 4 on Plan 1 OR-95 is
hereby closed.
2. Part 4 on Plan 1 OR-95 shall be conveyed to Willis Barraball and Marilyn Joan
Barraball by The Corporation of the Municipality of Clarington for nil
consideration.
3. That the Municipal Solicitor be directed to take all necessary actions to complete
the transaction.
BY-LAW passed this 18th day of April, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk