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Home My WebLink AboutPD-118-98DN: P0.11&98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose a nd Administration Committee File #~p14.U~o.gB~.oa~ Date: Monday, October 5, 1998 Res. # ~ Ply-j3~~°l~ Report #: PD-118-98 File #: DEV 98-026 By-law # -/ ~~ Subject: REQUEST FOR REMOVAL OF PART LOT CONTROL ~~ ~~~ APPLICANT: WIL-SWAR ENTERPRISES LTD. FORMER HYDRO EASEMENT -PART OF BLOCK F, REGISTERED PLAN NO. 702, PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE -NOW PARTS 1 TO 28, INCLUSIVE ON PLAN 40R-18065 FILE NO.: DEV 98-026 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-118-98 be received; 2. THAT the request submitted by E. Drew Dowling of Walker Head, solicitor on behalf of Wil-swar Enterprises Ltd. for removal of Part Lot Control with respect to the former hydro easement located on Part of Block F on Registered Plan No. 702, more particularly described as Parts 1 to 28, all inclusive as shown on Plan 40R- 18065 be APPROVED; 3. THAT the attached By-law authorizing the Mayor and Clerk to execute an agreement between Bonnie Stockman and Robin William Thomson, Trustees as a condition of enacting the Part Lot Control exemption request be APPROVED; 4. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 The hydro easement in question was acquired in 1969 by Wil-swar Enterprises Ltd., the developers of the plan of subdivision on Hetherington Drive and Quinn Drive. The residential lots in question (See Attachment No. 1) are approximately 30 metres in depth and back onto the former easement from both Hetherington and Quinn b41 REPORT PD-118-98 PAGE2 Drive. The individual property owners erected fences and planted trees and in other manners occupied the former hydro easement over time. It is the intent of the individual property owners to acquire that portion of the easement that abuts the rear portion of their respective lots. 1.2 In light of the number of parcels that would be created, on behalf of the abutting property owners, Mr. Frederick Wood, Solicitor, requested the Land Division Committee to reduce the consent application fees for the lots in question. The Land Division Committee decided not to reduce the application fees since other land owners backing onto the same easement had previously paid the full fees associated with Land Division Committee application. 1.3 Following Mr. Wood's presentation to the Regional Land Division Committee, one of the property owners, Mr. Andrew Jamieson, on behalf of the neighbours, addressed Clarington Council at their January 13, 1997 meeting requesting Council's support to the reduction in the Land Division Committee application fees. 1.4 In light of Mr. Jamieson's request, the following recommendation contained within Staff Report ADMIN-48-97 was endorsed by Council: °THAT Report ADMIN-48-97 be received for information; and, THAT Council request the Region of Durham to give consideration to waiving the procedural by-law and allowing a single fee for the transfer of the former Hydro Easement in question." 1.5 Regional Planning Staff in reporting to Regional Council noted that Mr. Woods had advised, on behalf of his clients, that he would be proceeding with a claim to title by way of adverse possession for a period in excess of the statutory period of ten (10) years and as such would not be pursuing the consent process. Accordingly, a decision on the resolution of Clarington Council would not be required and the original request should be received for information purposes only. b42 REPORT PD-118-98 PAGE 3 1.6 It is noted for the Committee's information that Wil-swar Enterprises Ltd. and the property owners came to a mutual agreement that they would not proceed through the legal channels of adverse possession but rather submit an application to the Municipality requesting approval of a Part Lot Control By-law. 1.7 In April of 1998, Planning Staff received a request from Mr. E. Dowling of Walker Head, Solicitor on behalf of Wil-swar Enterprises Ltd. for the removal of Part Lot Control in respect of the former hydro easement located in Part of Block F on Registered Plan No. 702, more particularly described as Parts 1 to 28, all inclusive as shown on Plan 40R-18065. 1.8 The removal of Part Lot Control would facilitate the sale of the appropriate portions of the former hydro easement to the abutting lots on both Hetherington and Quinn Drive. 1.9 The purpose of the agreement between Bonnie Stockman and William Thomson, Trustees on behalf of abutting property owners and the Municipality is to ensure that each corresponding portion of the easement (parts 2 to 28) can only be sold to the abutting property owners fronting either Hetherington or Quinn Drive. Each parcel cannot be sold separately. As a result, Staff would note that no new lots will be created through the transactions. Additionally, the agreement clarifies that Part 1 located at the westerly end of the easement area is to be transferred free and clear of all encumbrances to the Municipality. Part 1 forms part of a municipal walkway between Hetherington and Quinn Drive. 2. STAFF COMMENTS 2.1 Staff have no objections to the approval of a By-law exempting the subject lands from Part Lot Control. b43 REPORT PD-118-98 PAGE 4 2.2 Attached hereto is a By-law to exempt the subject lands from Section 50(5) of the Planning Act. pursuant to the provisions of Section 50(7) of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 2.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result it is not necessary for Staff to prepare a second by-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. In light of the nature of the request, Staff recommended that the By-law be in force for a one (1) year period following Council approval, ending October 13, 1999. This should provide ample time for all of the transactions to be completed. Respectfully submitted, ~ ~~~~~~ Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development Reviewed by, 1Ak-19.`Stockwel I, Chief Administrative Officer LDT*FW*cc September 24, 1998 Attachment No. 1 - Site Location Map Attachment No. 2 - Part Lot Control By-law Attachment No. 3 - Authorization By-law and draft agreement Interested parties to be notified of Council and Committee's decision: Walker Head Barrister & Solicitor 1305 Pickering Parkway Suite 200, Clearnet Building Pickering, Ontario L1V 3P2 644 M11 SUBJECT SITE LOT 14 _J ~, __ ---_ 7__ __ _- LOT 13 y ~ I - ; ~'~ - _ ~ ~s -~,~ a __ _ _ ~, ~__ --- ,, ,, ,~ -- ~~ 1 ~ ~' ''',~ ,_' . 1~. BASELINE ROAD BOWMANVILLE D E V. 98-026 KEY MAP z 0 w z 0 U i b4J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to designate a certain portion of Registered Plan 702 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Part of Block F on Registred Plan 702 registered in the Land Titles Division of Whitby and more particularly described as Parts 1 to 28 as shown on Plan 40R-18065, deposited at the Land Registry Division of Whitby No. 40. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: (a) Part of Block F on Registred Plan 702, more particularly describes as Parts 1 to 28, on Plan 40R-18065, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in force for a period of one (1) year ending on October 13, 1999. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR NT-r+~~+tMEh~T '1k~. CLERK P- V ~I ~m W ~-_ ~ z~,: ~ ~~ ~, - r~ p ~- - z, , O -_ H ~~ -~ _~ t~ Z~° -_= ~ ~~; ~, :, W _ ~ :; F' ' ~' s _, = sa ~_-r- ~? ~~ - SL l9 ',~, '~_ -_aN '15Ni ~ p \ ~r < Iii. 'K: ;o ~. ~ - _- m ~ 'z~ _. ~ ~ _o, - 1 ~ ~ _ ~ $` ' --i W -~~~ ' ~_' ~ _ °~' ~ ~ a . - z~ - ~ Z ;z °' Z r ~~> - . ~_ \ ` ~ ti z ' -- - z , - I ~ z ;: i? :': Y \ - _ Sl9 'cr. "LS4' ,. a i .- - - 9 ~ k ~ _ ~ w (~ ~ W ~ o0 -- W F ~ - LLz ~, ~ g ~ moo ~~~ ow o ~~o ~o ~a- o Z w r - a Z ~ ~ ~~~ Na ~ ~ K Q W ~ Q W J J ¢ O J v "' ~ ~ /~ W I..L 2 a O / _ i./ /y/i ~~/ J Z U o ~p ~ O a p~ m ~ H ~ W W LL a D ~-~'~ ~'i No ~°Z' ., e~ b4~ THE CORPORAl1ON OI 1}If Ml1NICIPAI I IY Of CLARINGTON BY-LAW NUMBER 98- being a By-law to authorize the entering into of an Agreement with Bonnie Stockman and Robin William Thomson, Trustees and the Corporation of the Municipalilty of Clarington with respect to a request for Part Lot Control Exemption over Part of Block F, Registered Plan No. 702. WHEREAS the owner has acquired the Lands, in trust, for and intends to convey the Lands to Owners (the Abutting Owners) of abutting lotr on Registered Plan No. 702. AND WHEREAS the Municipality requries that the Owner enter into this agreement as a condition of enacting the Part Lot Control Exemption By-law. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: THAT the Mayor and Clerk be hereby authorized to execute on behalf of the Corporation of the Muncipality of Clarington and seal with the Corporation's seal an Agreement between Bonnie Stockman and Robin William Thomson, Trustees attached hereto as Schedule "A" and forming part of this By-law. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 1998. 1998. day of 1998, MAYOR CLERK b4~ ATTACHMENT 3 TFIIS AGREEMENT made as of this duy of , 1998. BETWEEN: THE CORPORATION Or THE MUNICIPALITY OI' CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART and - BONNIE STOCHIVIAN AND ROBIN WILLIAM THOMSON, TRUSTEES (hereinafter collectively called the "Owner") OC TI-IT SECOND PART WHEREAS: A. The Owner is the registered owner of the ]ands described as Par[ of Blocl: P, Registered Plan No. 702, Municipality of Claring[on, Regional Municipality of Durham designated as Parts 1 to 28, inclusive on Plan 40R-18065 (the "Lands"); B. The Owner has acquired the Lands, in trust, for and intends to convey the Lands to owners (the "Abutting Owners") of abutting lots on Registered Plan No. 702; C. In order to convey portions of the Lands designated as individual parts on Plan 40R-18065 to each ofdte Abutting Owners in compliance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, the Owner has applied to the Municipality for the enactment of a by-law designating the Lands (the "Part Lot Control Exemption By-]aw") ptusuant to Subsection 50 (7) of the Planning AcC; D. The Municipality requires that the Owner enter into this agreemenC as a condition of enacting the Part Lot Control Exemption By-law; and E. This agreement is authorized by By-law enacted by the Council of the Municipality on the day of , 1998. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the swn oftwo ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby aclmowledged), the Parties hereto covenant and agree to and with each other as follows: 1. The Owner represents and warrants to the Municipality that each of Recitals A, B and C of this Agreement is correct. 2. On the execution of this Agreement, [he Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the Lands and setting out the names of all persons having interests in the Lands and the nature of their interests. 3. On the execution of this Agreement, the Owner shall deliver to the Municipality an executed transfer, sufficient to vest in the Municipality title in fee simple absolute Pree and clear of all encumbrances and restrictions, of a portion of the Lands designated as Part I on Plan 40R-18065 and shall pay to the Municipality in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfer against b4'~ -2- the title to the lands to which they apply. The hansfer referred to in this paragraph 3 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall be made for a nominal considera5on, and shall be in a registerable form. 4. The Owner represents and warrants to the Municipality that title to Puts 2 to 28, inclusive on Plan 40R-18065 shall be conveyed to each of the respective Abutting Owners having registered title to the Lots on Registered Plan No. 702 immediately abutting such Parts as more particulazly set out opposite tyre respective Part in Schedule "A" hereto. The Owner, its successors and assigns hereby covenant and agree, as a restrictive covenant conning with and burdening the Lands, that no portion of the Lands designated as Parts 2 to 28, inclusive on Plan 40R-18065 shall be conveyed except together with a conveyance of the Lot' on Registered Plan No. 702 immediately abutting such Part as set opposite such respective Partin Schedule "A" hereto. Such restrictive covenant shall be to the benefit of and annexed to the lands described as Blocks H urd I and Part of Block F designated as Part 1 on Plan 40R-18065, Registered Plan No. 702, Municipality of Clazington, Regional Municipality of Durham, Each transfer of such Part to an Abutting Owner and each subsequent transfer shall contain the following restriction: "Part of Block F, Registered Plan No. 702, Municipality of Clazington, Regional Municipality of Durham designated as Part_ on Plan 40R-18065 shall not be conveyed except at the same time and to the same transferee as (Part of) Lot _, Registered Plan No. 702, Municipality of Clarington, Regional Municipality of Durham (designated as Part on Plan 40R-). Prior to any such conveyance, the transferor shall obtain the covenant of the transferee to be bound by the foregoing restriction." 5. The Owner shall reimburse the Municipality for all reasonable legal, plamring and administrative expenses actually incurred for the preparation and registration of this Agreement and the Part Lot Control Exemption By-]aw and the reasonable cost of all legal services contemplated by the terms of this Agreement provided that services have actually been performed for the Municipality. 6. This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the Province of Ontazio. 7. The parties agree that there are no representations, warranties, covenants, agreements, collateral agreements or conditions affecting this Agreement other than as expressed in writing in this Agreement. 8. This Agreement will enure [o the benefit and be binding on the parties hereto and their respective successors and assigns. 9. The Owner hereby consents to the registration of this Agreement or a notice thereof against the title to the Lands. ] 0. Time shall in all respects be of the essence of this Agreement b~~ -3- IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and yeaz first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authori2ed in that behalf. SIGNED, SEALED AND DELIVERED in the presence of: ~~Y_ TAE CORPORATION OE TIIE MUNICIPALITY OF CLARINGTON Diane Hamre, Mayor Patti L. Barric, Clcrk BON ' C v~l ROBIN WILLLIM THOMSON ~~ J SCHEDULE "A" TO AN AGREEMENT MADE BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CI,ARINGTON AND BONNIE STOCKMAN AND ROBIN WILLIAM THOMSON, TRUSTEES PART ON PLAN 40R-18065 LOT OR PART LOT ON PLAN 702 2 15 3 16 4 17 5 18 6 19 7 20 8 21 9 22 10 23 11 24 12 25 13 SE # of 99 14 NW y, of 99 15 SE ~ of 98 16 NW ',4 of 98 17 SE ~ of 97 18 NW h of 97 19 SE ~ of 96 20 NW ~, of 96 21 SE ;~ of 95 22 NW ~ of 95 23 SE y, of 94 24 NW 34 of 94 25 SE ~ of 93 26 NW ;~ of 93 27 SE ~ of 92 28 NW { of 92 b J