That consent application D03-2020-034, being an application to sever an approximately 316.13 square metre residential lot and retain an approximately 697.44 square metre residential lot with the conditions of provisional consent substantially in the form attached as Appendix G, be GRANTED.
Conditions of Provisional Consent:
1. This approval applies to the transaction applied for, subject to any minor alterations to the mutual lot line within the rear yards required as a result of exercising option b of Condition 2 to maintain the minimum lot area requirement of the R3 Zone.
2. The owner shall submit surveyor confirmation to the satisfaction of the Development Engineering Division the width of the William Street North road allowance. The owner shall carry out or cause to be carried out one of the following:
a. If the road allowance is at least 26.0 metres wide, the owner shall submit written confirmation from the Development Engineering Division that it is in agreement that the road allowance is at least 26.0 metres wide; or
b. If the road allowance is not 26.0 metres wide, a road widening of the width specified by the Development Engineering Division be conveyed to the City of Kawartha Lakes across the entire frontage of the lot to be severed, free and clear of all encumbrances. The legal description shall include the words “RESERVING UNTO the Transferor(s) a right-of-way for ingress and egress until such time as the land is dedicated as public highway.”
3. The owner shall apply for, pay the prescribed fee and obtain a variance for the lot to be severed such that the minimum lot frontage be reduced, and possibly the lot area be reduced depending on the outcome of condition 2, and the variance(s) be in effect.
4. Payment to the City of Kawartha Lakes of a tree levy of $500.00 for the residential lot.
5. The Owner submit to the Secretary-Treasurer written confirmation from the Roads Operations Division that an entrance permit would be available for the lot to be severed.
6. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the lot to be severed for review and endorsement and the subsequent registered reference plan of survey.
7. Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped.
8. Payment to the City of Kawartha Lakes of the stamping fee prevailing at the time the deeds are stamped, for the review and clearance of these conditions. The current fee is $458.00. Payment shall be by certified cheque, money order, or from a lawyers trust account.
9. Payment of the cash-in-lieu of the dedication of parkland, equal to 5% of the appraised value of the land to be severed, as determined by an experienced and qualified land appraiser (CRA or AACI) as of the day before the day the provisional consent was given. The appraisal report shall accompany the cash-in-lieu payment. The City is not required to accept the appraisal report and reserves the right to peer-review the appraisal report and negotiate the cash-in-lieu payment. Payment shall be made by certified cheque, money order, or from a lawyers trust account.
10. Submit to the Secretary-Treasurer a deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel of land described in the decision.
11. The owner shall pay all costs associated with the registration of the required documents.
12. The owner’s solicitor shall provide a written undertaking to the Secretary-Treasurer confirming, pursuant to Subsection 53(43) of the Planning Act, that the deed in respect of this transaction shall be registered in the proper land registry office within six months from the date that the Secretary-Treasurer’s certificate is stamped on the deed, failing which the consent shall lapse.
13. The owner’s solicitor shall also undertake to provide a copy of the registered Transfer to the Secretary-Treasurer as conclusive evidence of the fulfillment of the above-noted undertaking.
14. All of these conditions shall be fulfilled within a period of one year after the giving of the Notice of Decision, failing which, pursuant to Subsection 53(41) of the Planning Act, this consent shall be deemed to be refused.