HomeMy WebLinkAboutCRPS-05-107 - Release ofCertain Title Restrictions - 655 Fairway Road
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Committee of the Whole
June 20, 2005
Lesley MacDonald,
Director of Legal Services and City Solicitor (Ext. # 2267)
Lesley MacDonald,
Director of Legal Services and City Solicitor
Ward 3: Fairview - Gateway - John Gazzola
June 20, 2005
CRPS - 05 -107
Penretail II Ltd.
Deed Registered as Instrument No. 519645 - Simpson Sears
Release of Clauses #3 and #4 from 519645
655 Fairway Road,
Part Lot 14, Plan 988, Part Lot 134 of Streets & Lanes, being
Parts 1 and 2 on 58R-834
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute documentation satisfactory to the City
Solicitor, to release some of the restrictive covenants contained in Schedule A of Instrument No.
519645, specifically, clause 3 dealing with Yards & Area Requirements and clause 4 dealing
with Parking, for the lands composed of Part of Lot 2, Registrar's Compiled Plan 1525,
designated as Parts 1, 2 & 3 on 58R-10040, being Parts 1 and 2 on 58R-834 and municipally
known as 655 Fairway Road;
EXECUTIVE SUMMARY:
N/A
And that the City Solicitor be authorized to electronically sign for completeness and release any
document required to be registered on title electronically.
BACKGROUND:
On April 26, 1974 by Instrument Number 519645, the City conveyed to Simpson-Sears
Properties Limited, the lands known municipally as 655 Fairway Road, subject to certain
restrictive covenants contained in Schedule A attached to that deed.
On December 18, 2002, the said property was subsequently conveyed to Penretail II Ltd. by
Instrument No. 1568061. Penretail II Ltd. Entered into a Section 41 Development Agreement
with the City on June 25, 2003 which was registered as Instrument No. L T0122135. Currently,
the property no longer complies with some of the restrictions that are listed in Instrument No.
519645 as the building that was built pursuant to those restrictions has since been demolished
and new buildings pursuant to the Section 41 Development Agreement have been built in its
place. Specifically, the existing building is no longer in compliance with Clause 3 (Yards & Area
Requirements) and Clause 4 (Parking & Driveways) of Schedule A of Instrument # 519645.
Both of these areas are covered under the existing Zoning laws and/or the Section 41
Development Agreement that is now on title.
The City has been requisitioned to release the conditions set out in Schedule A of Instrument
#519645.
REPORT:
Staff have reviewed the conditions set out in Schedule A of Instrument # 519645 and have
advised there are no outstanding concerns.
The Zoning Department has confirmed that the buildings that currently exist are no longer in
compliance with Clauses 3 and 4 of the said conditions. The Zoning department is agreeable to
Clauses 3 and 4 being removed from the restrictions on title.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
It is requested that the above resolution be approved by Council to facilitate a release of
Clauses 3 and 4 of Schedule A to Instrument #519645.
All of which is respectfully submitted by,
Lesley MacDonald,
Director of Legal Services and City Solicitor
/tr
Copies to:
L. Thompson
P. Bacon