HomeMy WebLinkAboutCRPS-06-125 - Removal of Title Control Restrictions - 390 Trillium Drive, 60 Steckle Place & 40 Adam Ferrie Placel
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Corporate Services
REPORT
Report To: Committee of the Whole
Date of Meeting:
Submitted By:
Prepared By:
Wards} Involved:
Date of Report:
Report No.:
August 28, 2006
Fiona McCrea, Assistant City Solicitor
Fiona McCrea, Assistant City Solicitor
Ward 3: Fairway-Gateway-John Gazzola
August 25, 2006
CRPS - 06-125
Subject: Removal of Title Control Restrictions from 390 Trillium Drive,
60 Steckle Place and 40 Adam Ferrie Place, Kitchener
RECOMMENDATION:
Whereas on June 28, 2006, the property described as Part of Lot 3, Registrar's Compiled Plan
1478, designated as Parts 1 & 2 of Plan 58R-5272 and municipally known as 390 Trillium Drive,
Kitchener complied with the restrictions set out in Schedule "A" to instrument No. 881270 with
the exception of grading.
Now therefore it is resolved that the restrictive covenants set out in Paragraph 2 of Instrument
No. 881270 shall be released from title contingent on final grading approval by the City; and,
Whereas on January 9, 1989, Council passed a resolution confirming that to Lots 26 and 31,
Registrar's Compiled Plan 1478, being 40 Adam Ferrie Place and 60 Steckle Place respectively,
had merged and that the restrictive covenants to build contained in both Deeds had been fully
complied with in respect to both lots; and,
Whereas on June 28, 2006, the property described as Lot 31, Registered Compiled Plan 1478,
and municipally known as 60 Steckle Place, Kitchener complied with the restrictions set out in
Schedule "A" to Instrument No. 531788 with the exception of Paragraph 8, dealing with grading;
and,
Whereas on June 28, 2006, the property described as Lot 26, Registered Compiled Plan 1478,
and municipally known as 40 Adam Ferrie Place, Kitchener complied with the restrictions set out
in Schedule "A" to Instrument No. 693982 with the exception of Paragraph 8, dealing with
grading.
Now therefore it is resolved that Paragraph 5 of Instrument Nos. 531788 and 693982 shall be
released from title of 60 Steckle Place, and 40 Adam Ferrie Place respectively, contingent on
final grading approval by the City; and,
That the City Solicitor be authorized to electronically sign for completeness and release any
document required to be registered on title electronically, and further,
That the Mayor and Clerk be authorized to execute any documentation approved by the City
Solicitor in order to give effect to the above.
BACKGROUND:
I am in receipt of a request from a solicitor for confirmation that the subject property complies
with the restrictions set out in Schedule "A" to Instrument No.s 881270, 531788 and 693982 being
the Deeds for 390 Trillium Drive, 60 Steckle Place, and 40 Adam Ferrie Place, respectively and
for the release of the title control restrictions set out in the aforesaid Deeds.
REPORT:
Transfers from the City to the owner of 390 Trillium Drive, 60 Steckle Place and 40 Adam Ferrie
Place contained the City's usual restrictive covenants on industrial lands including the
requirement for aminimum-sized industrial building, the option of the City to re-purchase the
property at 80% of the purchase price if it is not built upon and the right of the City to approve
any lease, transfer or sale of the property for a specified time period. In 1989, Council took the
position that title to the lands at 40 Adam Ferrie Place merged with title to the lands at 60
Steckle Place effectively creating one lot instead of two and, as a result, the merged parcel
complied with the said restriction requiring aminimum-sized industrial building be constructed
within a stipulated time frame. Any future development at 40 Adam Ferrie Place would require
consent to sever and site plan approval.
The appropriate staff have reviewed the request and advise that, with the exception of final
grading approval, the subject restrictive covenants have been complied with andlor the specified
time frame has expired. Accordingly, the title control restrictions could be removed from 390
Trillium Drive, 60 Steckle Place and Adam Ferrie Place.
The property complies with the other restrictions set out in Schedule "A" of the aforesaid Deeds
with the exception of grading.
FINANCIAL IMPLICATIONS:
N/A
CONCLUSION:
In view of the fact that a building was constructed on 390 Trillium Drive and 60 Steckle Place,
and that Council has taken the position that 40 Adam Ferrie Place has merged with 60 Steckle
Place, and the properties are in substantial accord with the restrictive covenants, I recommend
that the City confirm compliance with the restrictive covenants and release its rights relating to
Title Control as set out in the Schedule "A" of Instruments 881270, 531788 and 693982 being
390 Trillium Drive and 60 Steckle Place and 40 Adam Ferrie Place respectively.
FIONA McCREA,
Assistant City Solicitor
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