HomeMy WebLinkAboutChapter 160 - Execution of Documents ADMINISTRATION
Chapter 160
EXECUTION OF DOCUMENTS
Article I
AUTHORIZATION
160.1.1 Purchase and Sale of'Land
160.1.2 Money Secured by Agreement,Mortgage
Lien or Charge
160.1.3 Execution of Subdivision and
Condominium Agreements
160.1.4 Conveyance of Interest in Land
Subdivision-Condominium
160.1.5 Conveyance of Interest in Land
Site Plan Approval Process
160.1.6 Agreements Imposed-Condition by
Committee of Adjustment
Article 2
REPEAL
160.2.1 By-law-previous
Article I
AUTHORIZATION
160.1.1 Purchase and Sale of Land
The authorization by this Council of the purchase or sale of any land shall
also be deemed to authorize:
(a) the preparation or approval of any necessary documents by the
City Solicitor;
KITCHENER 160.1 JUNE 2004
160.1.2 EXECUTION OF DOCUMENTS 160.1.3
(b) the execution of any such documents,when approved by the City
Solicitor, by the Mayor or Acting Mayor and the City Clerk or
Deputy City Clerk and the sealing of same with the common seal
of the City;
(c) the City Solicitor to execute a Document Registration Agreement,
an escrow closing arrangement, with the Solicitor for the other
party to the transaction;
(d) the City Solicitor to electronically sign for completeness and re-
lease any document required to be registered on title electronically;
(e) the issue by the City Treasurer of any cheque or funds necessary,
subject to the usual adjustments;
(f) the delivery of completed documents by the City Solicitor on pay-
ment to the City or the payment over of funds on receipt of proper
documents,by the City Solicitor;
(g) the doing of any act by any other officer necessary or proper to be
done by such officer to carry out the transaction.
160.1.2 Money Secured by Agreement,Mortgage or
Lien Charge
The authorization by this Council to secure money payable to the City by an
agreement,mortgage,lien or charge shall also be deemed to authorize:
(a) the preparation or approval of any necessary documents by the
City Solicitor;
(b) the release or discharge in the appropriate form or terms, of any
such agreement,mortgage,lien or charge,once the money together
with any costs or incidental charges has been paid;
(c) the execution of any such documents relating to the release or dis-
charge,when approved by the City Solicitor,by the Mayor or Act-
ing Mayor and the City Clerk or Deputy City Clerk and the sealing
of same with the common seal of the City,if required;
(d) the City Solicitor to electronically sign for completeness and re-
lease any document required to be registered on title electronically
to effect the release and discharge.
160.1.3 Execution of Subdivision and
Condominium Agreements
The Mayor and Clerk are authorized to execute Subdivision and Condomin-
ium Agreements and any amending agreements following approval by
Council of the initial draft plan of subdivision or condominium,provided
satisfactory to the City Solicitor.
JUNE 2004 160.2 KITCHENER
160.1.4 EXECUTION OF DOCUMENTS 160.1.5
160.1.4 Conveyance of Interest in Land
Subdivision- Condominium
The approval by this Council of any draft plans of subdivision or condomin-
ium shall also be deemed to authorize the conveyance of any interest in land
incidental to the subdivision or condominium referenced within the subdivi-
sion or condominium agreements,and shall include,but not be limited to,the
conveyance of easements and reserves, the release of or abandonment of
easements, and the release or partial release of conditions within said
agreements; and in doing so shall authorize:
(a) the preparation or approval of any necessary documents by the
City Solicitor;
(b) the execution of any such documents,when approved by the City
Solicitor, by the Mayor or Acting Mayor and the City Clerk or
Deputy City Clerk and the sealing of same with the common seal
of the City,if required;
(c) the City Solicitor to execute a Document Registration Agreement,
an escrow closing arrangement, with the Solicitor for the other
party to the transaction,if required;
(d) the City Solicitor to electronically sign for completeness and re-
lease any document required to be registered on title electronically;
(e) the delivery of completed documents by the City Solicitor;
(f) the doing of any act by any other officer necessary or proper to be
done by such officer to carry out the transaction.
160.1.5 Conveyance of Interest in Land
Site Plan Approval Process
Council hereby authorizes the conveyance of any interest in land incidental
to the section 41 site plan approval process and shall include,but not be lim-
ited to,the conveyance of easements and reserves,the release of or abandon-
ment of easements,and the release or partial release of conditions within said
agreements; and in doing so shall authorize:
(a) the preparation or approval of any necessary documents by the
City Solicitor;
(b) the execution of any such documents,when approved by the City
Solicitor, by the Mayor or Acting Mayor and the City Clerk or
Deputy City Clerk and the sealing of same with the common seal
of the City,if required;
(c) the City Solicitor to execute a Document Registration Agreement,
an escrow closing arrangement, with the Solicitor for the other
party to the transaction,if required;
KITCHENER 160.3 JUNE 2004
160.1.6 EXECUTION OF DOCUMENTS 160.2.1
(d) the City Solicitor to electronically sign for completeness and re-
lease any document required to be registered on title electronically;
(e) the delivery of completed documents by the City Solicitor;
(f) the doing of any act by any other officer necessary or proper to be
done by such officer to carry out the transaction.
160.1.6 Agreements Imposed-Condition by
Committee of Adjustment
The Mayor or Acting Mayor and the City Clerk or Deputy City Clerk are
hereby authorized to execute any agreements,satisfactory to the City Solici-
tor, arising as a result of conditions imposed by the Committee of Adjust-
ment including the release or partial release of any such agreements which
have been satisfied, and in doing so shall authorize the preparation or ap-
proval of any necessary documents by the City Solicitor.
Article 2
REPEAL
160.2.1 By-law-previous
By-law 87-278 and the contents of the previous Chapter 160 are hereby re-
pealed. By-law 2004-28,9 February,2004.
JUNE 2004 160.4 KITCHENER