HomeMy WebLinkAboutCRPS-06-152 - Removal of Title Control Restrictions at 1351 Strasburg RoadJ
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Corporate Services
Report To: Committee of the Whole
Date of Meeting: October 16, 2006
Submitted By: Lesley MacDonald, Director of
Legal Services & City Solicitor
Prepared By: Lesley MacDonald, Director of
Legal Services & City Solicitor
Ward(s) Involved: WARD 3: FAIRWAY -GATEWAY -JOHN GAZZOLA
Date of Report: October 11, 2006
Report No.: CRPS - 06- 152
Subject: Removal of Title Control Restrictions at 1351 Strasburg Road,
Part of Lot 2, RCP 1478, Part Lots 14 & 15, RCP 1471 and
Part of Bechtel's Tract, City of Kitchener
RECOMMENDATION:
"That, on July 20, 2006, the property described as Part Lot 2, RCP Plan 1478,
Part Lots 14 & 15, RCP 1471 and Part of Bechtel's Tract, City of Kitchener, and
municipally known as 1351 Strasburg Road, Kitchener complied with the
restrictions set out in Schedule "A" to Instrument No. 972219; and further
That the Mayor and Clerk be authorized to execute any documentation approved
by the City Solicitor to release all rights of the City relating to Title Control, set out
in Section 2 in the Schedule of restrictive covenants to the Deed, registered as
Instrument No. 972219 respecting the property described as Part Lot 2, RCP
Plan 1478, Part Lots 14 & 15, RCP 1471 and Part of Bechtel's Tract, City of
Kitchener and municipally known as 1351 Strasburg Road, Kitchener; and further
That the City Solicitor be authorized to electronically sign for completeness and
release any document required to be registered on title electronically.
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. 972219, a Deed from the City of
Kitchener to Apex International Limited registered on December 1, 1988.
-2-
REPORT:
The appropriate staff have reviewed the request and advise that they are unable to comment
with respect to the Title Control restrictions as our records do not contain the information
required to determine compliance; however, the property complies with all remaining restrictive
covenants. The Title Control restrictions contain certain rights in favour of the City to approve
certain transactions for a period of 5 years which have expired and further provides the City with
the right to repurchase the property at 80% of the purchase price if construction of the building
has not commenced within one year from the date of closing of the transaction. The building
was completed in 1989.
The property complies with the other restrictions set out in Schedule "A".
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
In view of the fact that a building was constructed and the property is 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
Instrument 972219 as attached.
If Council enacts the above recommendation, it would be appreciated if the Clerk would forward
a certified copy of Council's resolution as well as the confirmatory by-law to me.
LESLEY MACDONALD, Director of
Legal Services & City Solicitor