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Home My WebLink AboutCRPS-10-138 - Convey Title of Transit Terminal and GarageREPORT TO: Special Council DATE OF MEETING: August 23, 2010 SUBMITTED BY: Lesley MacDonald, Director of Legal Services and City Solicitor PREPARED BY: Lesley MacDonald, Direcor of Legal Services and City Solicitor WARD(S) INVOLVED: WARDS 4 AND 6 DATE OF REPORT: August 19, 2010 REPORT NO.: CRPS -10-138 SUBJECT: AUTHORIZATION TO CONVEY TITLE OF THE TRANSIT TERMINAL,15 CHARLES STREET WEST, AND THE TRANSIT GARAGE, 250 STRASBURG ROAD TO THE REGIONAL MUNICIPALITY OF WATERLOO IN ACCORDANCE WITH THEIR STATUTORY ASSUMPTION OF ASSETS USED FOR PUBLIC TRANSIT RECOMMENDATION: That the Mayor and Clerk be authorized to execute the necessary documentation, satisfactory to the City Solicitor, to convey the actual title to the Transit Terminal at 15 Charles Street West and the Transit Garage at 250 Strasburg Road, more specifically described in CRPS Report #10-138, to the Regional Municipality of Waterloo which assumed ownership of these properties by passage of Regional Municipality of Waterloo By-laws 99-070 and 01-077 regarding transit. BACKGROUND: The Regional Municipality of Waterloo passed By-laws 99-070 and 01-077 pursuant to Section 35 of the Regional Municipality of Waterloo Act, R.S.O. 1990, c.R.17 which provided for the establishment of a public transportation system by the Region and the vesting of all assets and liabilities of any area municipality used for a public transportation system in the regional corporation on the date the regional transportation system was established. REPORT: Upon the passage of these by-laws both the Transit Terminal Site and the Transit Garage Site became the property of the Region and have been treated as such ever since. Although ownership to these lands passed through this statutorily authorized approach under the Regional Municipality of Waterloo Act, actual title as recorded at the Land Registry Office still reflects The Corporation of the City of Kitchener. Schedule "A" to the Regional Municipality of Waterloo amending By-law 01-077, a copy of which is attached, describes the Kitchener portion of those lands assumed by the Region, more particularly as the: 1. Transit Terminal: Parcels Firstly to Seventhly were assumed by the Region save and except the last parcel, Part 1, Reference Plan 58R-12722, a small parking lot at the corner of Charles and Ontario Streets, which remains with the City. Map attached. 2. Transit Garage: Part 1 and Part 2 on Reference Plan 58R-13135, subject to aright-of--way over Part 2 in favour of the City of Kitchener, were assumed by the Region. Map attached. The Region is anxious to have the actual title changed as soon as possible as they are pursuing some upgrades to the Properties which require confirmation of ownership. FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: N/A CONCLUSION Staff has reviewed this matter and confirm that it is appropriate to change the title records to reflect the Region's ownership of the lands described above. ACKNOWLEDGED BY: Pauline Houston, General Manager of Community Services n~~ ~~' ~i ~ ~ G~ ~ ~ ~ ~ ffi '~.`~ § e~ 096 ~ acz 'Q~s _~< ~~a °z o 0 0 ~~ ~ ~ iy~. ~ ~~ §~r~e ~'a~5~ ~~ ° a z Z ¢ E +Iy I m @~ K~'~~ ~'a ~ v ~ ~II"a~E~~d~ g- g • ~ Z "9 ~ ~ 1.0l.~~ N 0 ~ g~ 9 ~ lL J H J W b 6~5 @ ~oaoaz~ ~ @Q o ~1 ii€Ei ~ Q O ~ C~ V 0~ a .. ~a a~ ~ N d Y w o w ~ ~~~ 0 Z~ Q a~ ~~ x o p z a Z p F_° x ~ ~ a ~ 3 . 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I L lyFy o .... s 2 Z lbbd ~ I / a• .w~iu ~ti'O~ 3 / % ~yso . ° . °~ `b~ r4d~` ~ %;/~ J ~ 4 a -F - ~ ~ BY-LAW NO. 41-077 OF REGIONAL NiUNICIPALiTY OF WATERLOO A By-law to Amend By-law 99-070, being a By-law to Establish a Regional Public Bus Transportation System and to Acquire all Facilities, Equipment, Real and Personal Property required for the Establishment, Operation, Maintenance and Extension thereof WHEREAS it is desirable and expedient to amend By-law 99-070, as hereinafter set out; NOW THEREFORE THE COUNCIL OF THE REGIONAL MUNICIPALITY OF WATERLOO ENACTS A5 FOLLOWS: Schedule "A" to $y-law 99-074 is hereby repealed and the document attached to Yhis Amending By-law is hereby substituted therefor as "Appendix A". This $y-law shall come into force and effect on the date o f enactmen# hereof. $y-law read a first, second and third time and finally passed in the Council Chamber at the Regional ]t$unicipality of Waterloo this 14th day November, A.D. 2001. ~y`-~ GIONAL CLERK REGIONAL CkiAIR Schedule "A" to By-law 01-077 being an amendment to Appendix A to 13y-law Number 99-070 Page 1 of 2 Lands and Premises -City of Cambridge 1. Transit Terminal: All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Cambridge (formerly City of Galt), in the Regional Municipality of Waterloo and Province of Ontario and being described as follows: Firstly: Part of Mill Street (now Ainslie StreeE}, Registered Plan 455, more particularly described as Part 14, Reference Plan S8R-8401; Secondly: Part of Mill Street (now Ainslie Street closed by By-law No. 13-90, Instrumert \'o. 725174), Registered Plan 455, more particularly described as Part 18, Reference Plan 58R-8401; Thirdly: Lois 2, 3 and 4, and Part Lots 12 and 23, Registered Plan 455 and Part Lots 13, 52 and 57, Plan D-7, more particularly described as Part 17, Reference Plan 58R-8401. 2. Transit Garage: All and singulaz tlsat certain parcel or tract of land and premises situate, lying and being in the City of Cambridge {formerly City of Cralt), in the Regional Municipality of Waterloo and Province of Ontario and being composed of Part o f Lot 14, Plan 1378, more pat#icularlydescribed as Part 1, Reference Plan 67R-641. Lands and Premises -City of Kitchener Transit Terminal All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Kitchener, in the Regional Municipality of ~~a#erloo and Provir~ce of Ontario and being described as follows: Firstly: Part of Lots 21, 22, 23, 24, 25 and 27, F. Gaukel's Survey, Section 2, Registered Plan 380, and Lots 5 and 6, and Part Lots 4 and ]0, West of Ontario Street, J.B. Schneider's Survey, Registered Plan 393, more particularly described as Pazt 1, Plan EX-423; Secondly: Part Lots 7 and 9, West of Ontario Street, J.E. Schneider's Survey, Registered Plan 393, more particularly described as Part 2, Reference Plan E.X- 423; Thirdly: Part Lots 7, 8 and 9, West of Ontario Street, J.E. 5chneider's Survey, Registered Plan 393, more particularly described as Part 3, Reference Plan EX- 423; Fourthly: Part Lot 8, West ofOntario Street, J.E. 5chneider's Survey, Registered Plan 393, more particularly described as Parts 4, 5 and 6, Reference Plan EX-423; Fifthly: Part Lots 26 and 27; F. Gaukel's Survey, Section 2, Registered Plan 380, and Part of Lot l0, West of Ontario Street, J.E. Schneider's Survey, Registered Plan 393, more particularly described as Part 7, Plan EX-423; Sixthly: Lot 15b, Streets and Lanes, more particulaziy described as Part 8, Pian EX-423; Schedule "A" to By-law 01-077 being an amendment to Appendix A to By-law Number 99-470 Pa e2of2 5eventhly: Part Lots 9 and 10, West of Ontario Street, J.E. Schneider's Survey, Registered Plan 393, more particularly described as Part 9, Plan EX-423; Save and except Part of Lot 27, F. Gaufcel's Survey, Section 2, Registered Plan 380 and Part of Lots A, 5 and 6, West of Ontario Street, J.E. Schneider's Survey, Registered Plan 393, in the City of Kitchener, Regional Municipality of Waterioa, more particularly described as Part 1, Reference Plan 5812-12722: Transit Garage: All and singular that certain parcel ar tract of land and premises situate, lying and being in the City of Kitchener, in the Regional Municipality of Waterloo and Province of Ontario, being composed of Part of Lots 4, 5 and 6, Municipal Compiled Plan 1021 and Part of Lot 2, Municipal Compiled Plan 1022, more particularly described as Parts 1 and 2, Reference Plan 58R-13135; Sub}ect to a right of way in favour of the Corporation of the City of Kitchener over Part 2, Reference Plan S8R-!3135. PRINT:Joseph &Gaukel TRANSIT TERMTNAI_. Page 1 of 1 x l ]oseph &Gaukel . ~ . 1~ 121.125 917.119 1a3-109 9739 :rh~v / > E __a. kFs 935 `~4 ZT ~ ~ " ` ~ ;. ~ 22 28 ~ AID 2830 -4~~ 1$-9 AJ$1 F ~` ~~ ~: r1 ,.~ 14` - ~ . ~ ~~ ~.~ ~ ~ ~ ~;~~K: 50 ~,}, ~ ,,, ;~ ~~ t ~ j` i 8,8 i~~ ~ ~~i~ ~ ~~5 t ii E !u ~ i ~; `581 12722 ~~n~~' ~ Parcels 1 - 7 - ' 15 ~ r `:` a• x-~~ ~ ~~ ` 4 '~~~ ~{j". Fairy \lai 4. y. r 55 • .,, ~~x3.~ . ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ 89 - ~~ 2 ' _ ~x ~r 103J13F ~` i'~{ ! y h~#^ t ~ ~12 -14' - K ~ ~ i ` *` 20 ~~~d r ~;~ ~ -~~.t~' r ~ ~~~ '4~ 15U ~ } ~ ~. F - ..;~{I ~' ~ - ~ . _ -: s ti~f3 i ~A~ ts u a'j: "~ Map printed on: Frl Aug 20 09:06:43 2010 011 m Disclaimer: The City of Kitchener assumes no responsibility for any errors, and Is not liable far any damages of any kind resulting from the use of, or reliance on, the Information contained In this document. The City of Kitchener does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliablliry of the use of the Information contained In this document. . Comments; . 2004 The Corporation of the City of Kitchener httpa/onpointprodlOnl'ointInternallonpoint 812 012 0 1 0