HomeMy WebLinkAboutDSD-2023-141 - A 2023-040 - 245 Wellington Street Noth
Development Services Department www.kitchener.ca
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CityÓs website with the agenda in advance
The subject property is identified as ÒÓ oÎ
designated ÒÓ on Map 3 ÎLand Use in the CityÓs 2014 Official Plan.
The property is zoned ÒÓ in Zoning By
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ÒÓ.
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ation of the subject property and support the CityÓs Housing Pledge.
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ÎThis report has been posted to the CityÓs website with the agenda in advance of the
additional information on the CityÓs website or by emailing the Planning Division. A notice of the
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning 2019-051
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Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the "Easement
Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors
and assigns, a permanent and perpetual non-exclusive easement or right and interest in the
nature of a permanent and perpetual non-exclusive easement over, under, along and upon the
whole of the Easement Lands and every part thereof for the purposes of discharging, emitting,
releasing or venting thereon or otherwise affecting the Easement Lands at any time during the
day or night with noise, vibration and other sounds and emissions of every nature and kind
whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arising from or out of, or in
connection with, any and all present and future railway or other transit facilities and operations
upon the lands of the Transferee and including, without limitation, all such facilities and
operations presently existing and all future renovations, additions, expansions and other
changes to such facilities and all future expansions, extensions, increases, enlargement and
other changes to such operations (herein collectively called the "Operational Emissions").
THIS Easement and all rights and obligations arising from same shall extend to,
be binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers,
licensees and other operators, occupants and invitees and each of its or their respective heirs,
executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
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Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
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