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HomeMy WebLinkAboutCD-61-00 , REPORT #4 . y THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , 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. ~. ,. Report CD-61-QO - 2- 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. ~."'. 'DJim... ;NDla,!! 'ublir 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 "11.10\ _.~ 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 -.~ ---=i' L.~_.~ ,--" \,-- ~~-,- 1_-- ,...,.,---- 1 \- ' _..- ~. ......-.__..~... ~ ~""~'~"'-'-----""::-~- .~.. . t",,++':r-"'."., , . ,~,~,;,,,,~,~:~,'<<:~';'/:';' ,.-. .-,::- -2- Thank you for your co-operation in this matter. Vours very truly, ~kf \~ TYLE~. HIGGINS \\1 TPH:cg Ene!. cc: Mark Seetner