HomeMy WebLinkAboutFCS-13-085 - Quit Claim Transfers - 6-8 Charles St W
REPORT TO:
Committee of the Whole
DATE OF MEETING:
May 13, 2013
SUBMITTED BY:
Lesley MacDonald, City Solicitor (Ext. 7267)
PREPARED BY: Lesley MacDonald, City Solicitor (Ext. 7267)
WARD(S) INVOLVED:
9
DATE OF REPORT:
May 10, 2013
REPORT NO.: FCS13-085
SUBJECT: Request re Quit Claim Transfers for Parts 1 and 2 on 58R-
3553 required to correct legal description – 6-8 Charles
Street West
RECOMMENDATION:
That the Mayor and Deputy Clerk be authorized to execute the Quit Claim of Part 1 on
Reference Plan 58R-3553 to Judy Ann Marie Majury; said document to be to the
satisfaction of the City Solicitor; and further
That Legal Services be directed to complete the exchange of Quit Claim Deeds between
Judy Ann Marie Majury and The Corporation of the City of Kitchener regarding Parts 1
and 2 on Reference Plan 58R-3553 to correct a discrepancy in the current legal
descriptions, on terms and conditions satisfactory to the City Solicitor.
BACKGROUND:
Reference Plan 58R-946 (copy attached) was registered April 1, 1974 showing the legal
description as including Lot 21, Registered Plan of Subdivision of Lot Number 16, German
Company Tract, being Part 3 on Reference Plan 58R-946. The City acquired those lands
through a Transfer registered as Instrument Number 521408 on May 31, 1974. The legal
description should have been shown as including Part of Lot 21, Registered Plan of Subdivision
of Lot Number 16, German Company Tract being Part 3 on Reference Plan 58R-946 (PIN:
22427-0034).
A subsequent Reference Plan 58R-3553 (copy attached) was registered on November 19, 1981
showing the legal description of the City owned parcel as including Part Lot 21, Registered Plan
of Subdivision of Lot Number 16, German Company Tract, being Part 2 on Reference Plan 58R-
3553. The abutting parcel was also shown on the said Reference Plan as including Part Lot 21,
Registered Plan of Subdivision of Lot Number 16, German Company Tract, being Part 1 on
Reference Plan 58R-3553 (PIN: 22427-0035). However, in a subsequent Transfer/Deed of
Land conveying the said Part 1 on Reference Plan 58R-3553 registered as Instrument Number
770801, the legal description was inadvertently inserted as being all of Lot Number 21,
Registered Plan of Subdivision of Lot Number 16, German Company Tract, when it should have
only been Part of Lot 21. This error occurred in all subsequent Transfer/Deeds for PIN: 22427-
0035 including the Transfer registered on April 1, 1987 as Instrument Number 890796 in favour
of Judy Ann Marie Majury.
The lawyer for Judy Ann Marie Majury recently discovered the error in the legal description and
contacted the Registry Office seeking instructions on how to correct the error. The Registry
Office has advised that Judy Ann Marie Majury needs to quit claim her interest over all of Part
Lot 21, Registered Plan of Subdivision of Lot Number 16, German Company Tract which lies
within the lands now described as Part 2 on Reference Plan 58R-3553 to the City.
The City must then quit claim its interest over all of that Part of Lot 21, Registered Plan of
Subdivision of Lot Number 16, German Company Tract which lies within the lands now
described as Part 1 on Reference Plan 58R-3553 to Judy Ann Marie Majury.
The registration of the two Quit Claim Deeds will correct the legal description of the respective
lands owned by the City and Judy Ann Marie Majury.
REPORT:
This discrepancy in the legal description was only recently discovered as Judy Ann Marie
Majury is selling her property. The closing date for her transaction is May 31, 2013 so the legal
description needs to be corrected prior to that date.
FINANCIAL IMPLICATIONS:
The registration costs ($71.30 each) are to be borne by the respective parties.
CONCLUSION:
The City isn’t giving up ownership of the property previously conveyed. The only change will be
that the legal description to the said property is corrected.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance and Corporate Services