HomeMy WebLinkAboutCD-61-00
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REPORT #4
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting:
COUNCIL
File # c- V3CJ-co
Date:
Res. # Lb'7
December 18, 2000
Report #: CD-61-00
Subject:
By-law it.
QUIT CLAIM DEED - ANDREW GLENN JOHNSON
Recommendations:
It is respectfully recommended that Council approve the following:
1. THAT Report CD-61-00 be received;
2, THAT Council authorize the Mayor and the Clerk to execute a Quit Claim deed for the property
located at 86 East Beach Road and that the appropriate by-law to passed; and
3, THAT Tyler Higgins be advised of Council's decision.
Background
A request has been received from Tyler Higgins, a solicitor acting on behalf of Andrew Johnson
(Attachment No.1). Mr. Johnson is selling the property located at 86 East Beach Road, Bowmanville, to
Gary and Sandra Madill. In searching the title of the property, Mr. Higgins revealed a Certificate of Tax
Arrears was registered on the property. In order to clear the title and allow for the real estate transaction to
be completed, Mr. Higgins is requesting that the Municipality provide a Quit Claim deed in favour of the
property owner.
In 1970, the fonner Town of Bowmanville, with the approval of the Minister of Municipal Affairs, registered
the tax arrears certificate for the property. The effect of registering the certificate vested title to the land
immedialely to the Town of Bowmanville, subject to the owner redeeming the property by paying the
outstanding tax within one year of registration.
The solicitor has advised that a title search has disclosed no evidence that the property was redeemed and
a search of the former Town of Bowmanville's records is of no assistance, in that respect.
When the Town of Newcastle was incorporated on January 1, 1974, there were no records of any tax
arrears for the property in question and the then registered owner continued to be shown as the assessed
owner.
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Report CD-61-QO
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December 18, 2000
The Treasurer has advised that the present owner is shown as the assessed owner and there are no
arrears of taxes. It would seem, therefore, that the previous owner, when the tax arrears certificate was
registered on title, redeemed the property and failed to register a redemption certification. In these
circumstances, it is therefore recommended that Council authorize the Mayor and the Clerk to execute a
Quit Claim deed for a nominal consideration in favour of the property owner. This type of deed will release
any interest of the Municipality to the property to the transferree; however, it will not operate as a
representation that the Municipality has any interest in the property.
Reviewed by
O~~
Franklin Wu, M.C.l.P.
Chief Administrative Officer
Attachment 1/1
TYLER P. HIGGINS, B.A., LLB.
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TELEPHONE (905) 434-6411
FAX (905) 571-6114
P.O. BOX 365.
3Z ELGIN STREET EAST.
OSHAWA,
ONTARIO
UB 7L5
Reply to:
Oshawa
TELEPHONE (705) 454-2665
FAX (705) 454-2625
P.O. BOX Z19.
COBOCONK,
ONTARIO
KOM IKO
October 12, 2000
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario LlC 3A6
Dear Sirs:
Re: JOHNSON sale to MADILL
86 East Beach Road, Bowmanville
Part of Lot 8, Broken Front Concession
Being Parts 1 & 2 On Plan 40R-13776
Roll No.: 18 17 020 130 03300
Closing Date: October 13, 2000
Mv File No.: 2000-047
Please be advised that I am the solicitor for Andrew JOHNSON who, effective October 13, 2000,
will have sOld the above property to Gary MADILL and Sandra MADILL. Our search of title
reveals a Certificate of Tax Arrears.
I am enclosing herein a copy of the PIN page showing the tax arrears certificate declaration, and
a copy of Deposit # D371743 confIrming the possessory title of the registered owners from 1953
to 1991. I am also enclosing a copy of a tax certificate recently received confirming that the
assessment records also showing Mr. Johnson to be the registered owner of Parts 1 & 2 on Plan
40R-13776.
The lands immediately adjacent to Part 2 on Plan 40R-13776 were conveyed by N8383 to the
Municipality as a road and the survey attached refers to the lands to the north as "Lyle Lot" with
a fence to the easterly limit and a frontage of 225 feet which is confIrmed in the Dec1ar.atioJrof--'
Possession referred to. . 1"'oi6T~. I UTtON
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We have been requisitioned by the purchasers solicitor (see copy ofrequis ti;'#b~ attachedl~_,"". \
would appreciate that you provide to us a Quit Claim deed to the current ~Ml"asers'i~will be__.., I
the registered owners as of October 13, 2000 in order to clear the discrepan. '''-1
COI'IES 10: -1
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Thank you for your co-operation in this matter.
Vours very truly,
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TYLE~. HIGGINS \\1
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cc: Mark Seetner