HomeMy WebLinkAboutFCS-14-115 - Statement of Objection - Delegated AuthorityStaff Report
rTC.�r R finance and Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 16, 2014
SUBMITTED BY: Lesley MacDonald, Director of Legal Services and City Solicitor,
519- 741 -2200 Ext. # 7267
PREPARED BY: Lesley MacDonald, Director of Legal Services and City Solicitor,
519- 741 -2200 Ext. # 7267
WARD(S) INVOLVED: Ward(s) All
DATE OF REPORT: June 9, 2014
REPORT NO.: FCS -14 -115
SUBJECT: Execution of Statement of Objection or Consent and Waiver of
Notice — Delegate signing Authority to Chief Administrator
Officer (CAO) or the Deputy Chief Administrator Officer (DCAO)
for all Future Statement of Objection or Consent and Waiver of
Notice
RECOMMENDATION:
"That Council authorize the CAO or the DCAO to execute a Consent and Waiver of Notice
pertaining to the Application for Absolute Title by Activa Holdings Inc. for the lands
located at 571 Huron Road; and,
Further, that Council delegate authorization to the CAO or the DCAO to sign all future
Consents and Waivers of Notice, or Statements of Objection, as the case may be, said
documents to be to the satisfaction of the City Solicitor ";
BACKGROUND:
As part of a legislative process when converting lands from Land Titles (Qualified) to Land Titles
(Absolute), the owner of the property is required to serve the municipality with notice of the
application as the municipality is an adjacent owner (usually by means of the road allowance).
Typically, a Statement of Objection is provided with the documentation in order to allow the
adjacent land owners an opportunity to dispute the claimed ownership, or claim an interest in
the lands, i.e. easement or right -of -way. The adjacent land owners must respond within the
thirty (30) days from the date the Notice was served. From time to time, the City has received
a Consent and Waiver of Notice, that will allow the Owner an opportunity to expedite the matter
and not have to wait the thirty (30) days for a response by obtaining a Consent and Waiver of
Notice from the adjacent land owners. This process is a lengthy process and can take several
months from start to finish.
4. -1
REPORT:
Activa Holdings Inc. ( Activa) is the owner and developer of the property located at 571 Huron
Road and 2 Parkvale Drive in the City of Kitchener. Activa has recently been approved
through Committee of Adjustments to sever lands on both these properties in order to develop
two lots off Parkvale Drive rather than one on Parkvale Drive and one off Huron Road. One of
the conditions to the Committee of Adjustment decision was to register an Application to
Consolidate the parcels to ensure that only two parcels of land are created. As a portion of
the lands are Land Titles (qualified) and a portion of the lands are Land Titles (Absolute) it is
necessary for the Owner /developer to register a Notice of Application for Absolute Title and
serve the Notice on the City.
Activa is anxious to have this matter expedited and is under a tight timeline with the completion
of this matter in order that development can begin and accordingly, has provided the City with a
Consent and Waiver of Notice. Currently, there is no authorization to sign such a document on
behalf of the City. Accordingly, it would be appropriate if there was a delegated authority in
place to allow the CAO or the DCAO to sign the necessary documentation to either object to the
Application, or consent to the expedition of the process.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This process would fall under the Efficient and Effective Government as it allows the City to
assist developers in expediting what would otherwise be a lengthy process.
FINANCIAL IMPLICATIONS:
There are no financial implications on the City with this process as the Application is a process
that is completed by the owner /developer of the lands in question and entirely at their expense.
COMMUNITY ENGAGEMENT:
N/A
CONCLUSION:
Staff recommends the delegated authority to the CAO or the DCAO to allow this process to be
expedited when applicable.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services
4. -2
LAND TITLES ACT
CONSENT AND WAIVER OF NOTICE
(Application under subsections 46(2) of the Act)
RE: PIN 22607 -2244
THE CORPORATION OF
THE CITY OF KITCHENER , being the registered owner of land
adjoining the land shown as PART .I on the attached print of the draft reference plan hereby consent
to the application of ACTIVA HOLDINGS INC. to be registered as owner with an absolute title
to the land shown on the said plan as Part I on attached draft plan dated May 29, 2014 and signed
by Brian' Campbell, Ontario Land Surveyor for Stantec- Geomatics Ltd.
AND Uwe hereby waive my /our right to a Notice of Application.
Dated at Kitchener this day of June; 2014.
THE CORPORATION OF THE CITY OF KITCHENER
Name:
Title:
Name:
Title:
Me have'authority to bind the Corporation.
Address for Service:
200 King Street West
Kitchener, ON N2G 4G7
Enclosed is a copy of the draft plan executed by The City of Kitchener.
4. -3