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TO: |
Mayor and Members of Council |
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FROM: |
Catherine M. Conrad, Town |
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PREPARED BY: |
same as above |
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DATE OF MEETING: |
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SUBJECT: |
Bob Alexandris Legal File No. 03 0610 PS 0247 |
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RECOMMENDATION:
That a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer of Land and any other documents required to give effect hereto, for the lands legally described as Part 2 on Reference Plan 65R-26147, Markham, to Bob Alexandris, the owner of the abutting lands, in a form and on conditions satisfactory to the Town Solicitor, in exchange for a transfer, back to the Town, of the same lands from a different owner.
PURPOSE:
The
purpose of this report is to enact an authorizing by-law to permit a conveyance
of land to correct a Planning Act
problem.
BACKGROUND:
On
The Purchaser applied for and received site plan approval for two
proposed single family dwellings subject to conditions, one of which was to convey
to the Town the valleyland at the rear of each parcel. These conveyances to the Town were registered
on
It has come to the attention of Mr. Alexandris’ solicitor that once part
of each severed lot was conveyed to the Town, the severed parcels no longer
enjoyed the benefit of subsection 50(12) of the Planning Act, the “once a lot, always a lot” provision. Accordingly, the two severed parcels, or what
remains of them after the conveyance of the valleyland to the Town, have merged
once again into a single parcel. Mr.
Alexandris had already entered into an Agreement of Purchase and
OPTIONS/DISCUSSION:
The merger of the two severed lots was unintentional. The conveyance of both severed lots to a
single Purchaser would not normally merge the titles, as the severed lots
remain separate as long as they are identical to the lots which were granted
consent by the Committee of Adjustment.
The change to the lots, after the consent, by virtue of the transfer to
the Town, has created an unintentional problem with Planning Act.
In order for the Town to assist the Purchaser’s solicitor, it is
recommended that we re-convey the valleyland on one of the severed lots back to
Mr. Alexandris so that the identical lot created in the original severance can
be conveyed to a relative of Mr. Alexandris, to preserve the severances that
were previously conveyed. That new owner
will immediately convey the valleyland back to the Town. This will resolve the Planning Act issues so that Mr. Alexandris can sell this property
to a purchaser and meet his closing date obligation of
There is an alternative solution, which Mr. Alexandris is also
pursuing. He is re-applying to the
Committee of Adjustment for approval of a consent on one of the lots. If however, that application is refused or
appealed, Mr. Alexandris will not be in a position to complete his proposed
sale on time, or at all.
The
Legal Department has had discussions with the staff of the Planning and Urban
Design Department who concur with these recommendations.
FINANCIAL CONSIDERATIONS:
The
owner of the properties would be required to indemnify the Town for any and all
expenses incurred in this transaction.
ENVIRONMENTAL CONSIDERATIONS:
None.
ACCESSIBILITY CONSIDERATIONS:
None.
ENGAGE 21ST CONSIDERATIONS:
None.
BUSINESS UNITS CONSULTED AND AFFECTED:
Planning
and Urban Design and Committee of Adjustment staff have been consulted and
concur in the recommendations of this report.
ATTACHMENTS:
1. A copy of sketch showing lands to be
conveyed.
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Catherine
M. Conrad, Town Solicitor |
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Q:\Exec
Office\Legal\REPORTS\Reports 2005\Alexandris - 62 Riverbend Road.doc
