HomeMy WebLinkAboutPSD-109-08Clarington REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITII TEE n p
Date: Monday, November 3, 2008 ~~~~U+1(~t'PR"~~7o~~
Report #: PSD-109-08
File #: 18T-89041
By-law #:
Subject: CONSENT TO TRANSFERS AND CHARGES OF LANDS WITHIN DRAFT
PLAN OF SUBDIVISION INCLUDING PHASE 6 (EIRAM DEVELOPMENT.
CORP.)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-109-08 be received;
2. THAT Council authorize the Municipality's solicitor, on behalf of the Municipality, to
consent to all transfers and charges as .required by Instrument No. LT582873 or
alternatively, to take all necessary steps to remove Instrument No. LT582873 from the
title to the lands to which it applies; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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Submitted by: `~
D i . Crome, M.C.LP., R.P.P.
Director of Planning Services
LT/DH/df
23 October 2008
Reviewed by: ~''~''" - '~`---' ""~""
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-109-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Draft Plan of Subdivision 18T-89041 was approved by the Region of Durham on June
18, 1990. It applied to lands owned by Eiram Development Corp. located on the east
side of Liberty Street, north of Longworth Avenue ("Original Eiram Lands"), in
Bowmanville. The Draft 40M-Plan contained in Attachment 1, is the approved final Draft
Plan of Subdivision; Phase 6 of the development of the Original Eiram Lands ("Phase 6
Lands"). It has not been registered on title.
1.2 Report PSD-064-07 recommended that Zoning By-law 84-63, as amended, as it applied
to the Phase 6 Lands, be amended to remove the "Holding (H)" symbol from Lots 1 to
59, now shown on the Draft 40M-Plan for Phase 6 Lands. By-law 2007-111 was
PASSED by Council to implement this recommendation.
1.3 Phase 1 of the Eiram Lands was registered on title in 1991 under Plan 10M-840.
Following its registration and to ensure all subsequent transfers and/or charges within
future phases was made to the Municipality, a restriction under Section 118 of the Land
Title Act (under Instrument No. LT582873) was placed on title requiring that no transfer
or charge could take place without the prior consent of the Corporation of the Town of
Newcastle or that of its solicitor. The first five (5) phases of registration took place with
said restriction on title prior to the introduction of electronic registration.
1.4 The Land Registry Office has advised staff that before the registration of the Phase 6,
being the last phase of the Eiram Lands, can be registered electronically on title, it must
receive the consent of the Municipality or the Municipality's solicitor to any transfer or
charge as required by Instrument No. LT582873.
1.5 On the registration of the 40M-Plan on title to the Phase 6 Lands, all of the Original
Eiram lands will be within registered Plans of Subdivision. All lands required to be
transferred by Eiram Development Corp. to the Municipality will have been transferred.
2.0 CONCLUSION AND
DATION
2.1 It is recommended that Council authorize the Municipality's solicitor, on behalf of the
Municipality, to consent to all transfers and charges as required by Instrument No.
LT582873 or alternatively, to take all necessary steps to remove Instrument No.
LT582873 from the title to the lands to which it applies.
Attachments:
Attachment 1- Key Map and 40M-Plan applicable to the Phase 6 Lands
List of interested parties to be advised of Council's decision:
Eiram Development Corp.
Attachment 1
To Report PSD-109-OB
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