HomeMy WebLinkAbout07/14/1972MEETING IN COMMITTEE
Friday, July 14, 1972 Council Chamber
Present: E.R. Lovekin B.A. LL.B., Chairman
K. Schoenmaker, Member
E.F.R. Osborne, Member
Mrs. Ellen M. Yeo, Secretary -Treasurer
The Committee met in Committee to finalize the following
application:
Application File "B"18-72-21
Kaspar Hollen, Owner,
R.R. Newtonville, Ontario,
for part of Lots 3 & 4, Con 1,
Township of Clarke,
Submission No. "B"18-72-21
As business arising from former minutes, this application
was presented for further consideration.
Mr. Kaspar Hollen, applicant, appeared in support of
this application. No other person appeared in support of or
in opposition to this application.
Mr. Kasper Hollen was reminded that he was still under oath
from his previous application.
Mr. Hollen presented the following material to the
meeting, which the Committee had stated at their meeting of
July 4, 1972, would be needed before this application could be
finalized.
1. Photostat copy of Agreement of Purchase and Sale
dated July 6, 1972;
2. Correspondence from Barber and Kelly, Barristers &
Solicitors, P.O. Box 159, 28 King St. W. Bowmanville,
Ontario, enclosing certified copy of deed from
Kaspar Hollen and Angela Margareta Hollen to The
Corporation of the Township of Clarke for the
road allowance, said deed dated 5th July, 1972,
registered as #55059, July7, 1972 in Registry Office,
Bowmanville, Ontario-.
3. Certified Plan of Survey prepared by M.D. Brown OLS.,
Bowmanville, Ontario,, dated July 13,1972, #65142E
showing the subject land to have an area of 51.52
acres.
The Committee perused the material presented and particularly
noted that the area of the subject land as shown had an area
of 51.52 acres, when in fact the application was presented for
an area of 65 acres.
Mr. Hollen, under oath, explained that he was assessed
for 65 acres and that is why he applied for 65 acres and he
further stated that his surveyor M.D. Brown OLS., stated
there is a shortage in depth in lots generally in this Concession.
The land now being conveyed is the same land as actually seen
and inspected by the Committee. Mr. Hollen then requested
permission to amendthe application to 51.52 acres as revealed
by the Plan of Survey. This request was granted, the application
amended, initialled by Mr. Hollen and witnessed by the Secretary -
Treasurer.
The Committee reviewed the minutes of meetings June 12th
and July 4th, 1972 and. intimated to Mr. Hollen that they would
require a restrictive clause be inserted -in the deed of the
1.5 acres to be retained by him, as follows:
Page 2
Meeting in Committee July 14, 1972.
"Subject to the restriction, limitation and condition that
the lot retained from the lands severed by this decision
shall not be sold, transferred or conveyed, or any equity
therein, with the exception of a mortgage, be sold, transferred
or conveyed to any person, firm or corporation other than to
a person who is a member of the Hollen family for a period of
at least 5 years from the 14th day of July,. 1972 and that the
applicant hereby undertakes to have prepared and registered
a correcting deed to the said lot containing such a provision." j
Mr. Hollen verbally accepted this condition and executed and J
delivered to the Committee a Direction to Solicitor instructing
his Solicitor M.B. Kelly B. Comm., LL.B., Bowmanville, Ontario,
to file the required restriction on the lands retained and
the Committee accepted this as a compliance with the proposed
restriction.
This application was granted on motion by K. Schoenmaker and
seconded by E.F.R. Osborne. Carried.
CLASSIFICATION 10 "A"
General business - The Secretary -Treasurer presented to
the Committee Clarke Planning Board
Meeting minutes under date of June 15, 1972
Meeting Adjourned at 1:15 p.m.
Secretary-Treasu _r