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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 LOT I I LOT 10 LOT 9 RI % R3 ' EP i C> c, 1 Cl (H) G7 R4 R3 R1-3 R1 I, rT u ������� ����K7NG• ���STREET cl C1 ` cl wl #d a C1-3 -5 • R1-5� Q Hpass 13R tr � i PRM1 STREET Z R3- O i 1 � JAIIE R1 A I 1l' o� I Rl • c7 1 ..a CA Pit" ST D1 PA Ar Av ' A#*fE ST RI rAwKWAr UeEi 1 R4-4 ---- —�—t , ASE---tN+E-i oAO--------� O 50 100 200 300m JIM KEY ' MAP Sims Brady & McInerney D J D Sims,Q c J F. Brady 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. x