HomeMy WebLinkAboutPD-171-87 REPORT #3
TOWN OF NEWCASTLE
REPORT File # 40 2 r�
Res. #
By-Law #
MEETING: Council
DATE: Monday, June 22, 1987
REPORT #: PD-171-87 FILE #: PLN 8.1.4
SUB,ECT: TITLE VALIDATION - 14 FRANK STREET
BOWMANVILLE
OUR FILE: PLN 8.1.4
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PD-171-87 be received; and
2. THAT the attached by-law requesting the Ministry of Municipal Affairs to issue an
Order validating title in respect of 14 Frank Street, Bowmanville, and more
particularly described therein, be approved.
BACKGROUND AND COMMENTS:
On June 10, 1987 the attached request was received from Mr. John Brady acting on behalf of
Mr. Ottenbrite, the present owner of 14 Frank Street in Bowmanville. This letter is self-
explanatory and notes a contravention of the Planning Act which presumably occurred in
November of 1967. In that regard the only recourse available to Mr. Ottenbrite in order
to permit correction of this error is an application to Land Division Committee, or
validation of title as provided for by Section 56 of the Planning Act. Pursuant to that
Section, the Minister of Municipal Affairs may, by order, validate the title of the lands
so as not to prevent the conveyance of same. Since it would appear from Mr. Brady's
. . .2
REPORT NO. : PD-171-87 Page 2
letter that this is the first time that title to the property has been
challenged and since the original transaction which contravened the Planning
Act occurred prior to the 19th day of March, 1973 as stipulated by the
Planning Act, Staff feel that it would be appropriate for the Town to pass
the necessary by-law requesting the Minister of Municipal Affairs to issue a
Validation Order.
Accordingly, it is respectfully recommended that Council approve the
attached by-law pursuant to the provisions of Section 56.2 of the Planning
Act, 1983.
Respectfully submitted, Recommended for presentation
to the Committee
his
war s, awr nce otse f
Director of Planning Chief 4n istrative Officer
TTE*j l p
*Attach.
June 12, 1987
CC: Sims, Brady & McInerney
Barristers & Solicitors
117 King Street
Box 358
WHITBY, Ontario
UN 5S4
ATTENTION: Mr. John Brady
SUBJECT SITE
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BARRISTERS R SOLICITORS ASSOCIATE COUNSEL
A J McMackin
June 9 , 1987
jUN 10 1987 v
The Corporation of the TOW'V OF WEWcpStL
Town of Newcastle PLANNING pEp
Planning Department ARTMENT
40 Temperance Street
Bowmanville , Ontario
L1C 3A6
Dear Sirs:
Re : Ottenbrite Acquisition of Frank Street Property
You are no doubt familiar with the situation by this time,
however, to refresh your memory I will review the background.
Mr. Ottenbrite acquired the subject property in January of
1986 and converted same to a multiple unit residential
building in accordance with the Ontario incentive program
then in force.
Subsequently, Mr. Ottenbrite sold the property in question to
a Mr. Tremblay, however the transaction has not been
completed to date. The purchaser' s solicitor is taking the
position that in November of 1967 a prior owner sold the
subject lands while holding adjoining lands in contravention
of the Planning Act. We have argued unsuccessfully to date,
that there is good possessory title despite the earlier
technical error.
Mr . Ottenbrite has advised us that you may be of assistance
in clearing up this difficulty and any advice or assistance
you could provide would be greatly appreciated.
Yours very truly,
SIMS, BRAD cINE EY
John F.
JFB:lm
117 King Stieet, Box 358, Whitby, Ontario, LIN 5S4 Telephone 668-7704
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to petition the Minister of Municipal Affairs to apply the
provisions of Section 56 of the Planning Act, 1983, as amended, to certain
lands in the Corporation of the Town of Newcastle.
WHEREAS certain lands in the Corporation of the Town of Newcastle were conveyed
in November of 1967, in contravention of Section 49(3) of the Planning Act,
1983;
AND WHEREAS Section 56 of the Planning Act, 1983 enables the Minister of
Municipal Affairs to provide, by order, that the said contravention does not
have and shall be deemed never to have had the effect of preventing the
conveyance or creation of any interest in such land;
AND WHEREAS Section 56(2) of the Planning Act, 1983 requires that no such order
shall be made by the Minister unless the Municipality, by by-law requests the
Minister to make such an order;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as
follows:
1. That the Minister of Municipal Affairs is hereby requested to issue
an Order under Section 56 of the Planning Act in respect of the lands described
in Schedule "A" hereto and forming part of this by-law.
2. This By-law shall come into force and effect upon the date hereof.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987
SCHEDULE "A" TO
BY-LAW NUMBER 87-
ALL AND SINGULAR that certain parcel or tract of land and premises
situate lying and being in the former Town of Bowmanville, now in the Town of
Newcastle, Regional Municipality of Durham, Province of Ontario; and being —_ --
comprised of Part of Queen Street and Frank Street, now closed and designated
as Part 1 on Reference Plan IOR-2200 in the Registry Office of the Town of
Newcastle on March 20, 1986.
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