HomeMy WebLinkAboutCRPS-05-123 - Partial Release of Cost Sharing Agreement - Bleams Road
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Mayor Carl Zehr and Members of Council
July 4, 2005
Fiona M. McCrea (Ext. 2266)
Fiona M. McCrea
Ward 4
July 4, 2005
CRPS 05-123
REQUEST TO SIGN PARTIAL RELEASE OF COST
SHARING AGREEMENT ON TEMPORARY PUMPING
STATION LANDS CONVEYED TO CITY OF KITCHENER-
PART 1, PLAN 58R-12745 - BLEAMS ROAD
RECOMMENDATION:
That Council enacts the following resolution:
"That the City provide a partial Release of the Cost Sharing Agreement registered as
Instrument Number L T57055 and Instrument Number 1487793 and that the Mayor and
Clerk be authorized to execute any required documentation on terms and conditions
satisfactory to the City Solicitor."
EXECUTIVE SUMMARY:
As a successor in title, we have received a request to provide a partial release of a Cost Sharing
Agreement regarding the sharing of certain services and facilities among several private
developers which was signed among the said developers and registered on title.
BACKGROUND:
On February 21,2001 a Cost Sharing Agreement was signed among several private developers
and registered as Instrument Number L T57055 on the Land Titles lands and Instrument Number
1487793 on the Registry lands owned by the respective developers.
Two of the private developers who were parties to the above-noted Agreement, South Estate
Farms Ltd. and the Estate of Morton Norris, subequently conveyed a portion of the lands subject
to the Cost Sharing Agreement being Part Lot 1, Registrars Compiled Plan 1469 being Part 1,
on Reference Plan 58R-12745 for a temporary pumping station to the City pursuant to the
conditions of draft approval of their respective subdivision applications. The said Deed was
registered as Instrument Number L T0127400 on July 17, 2003. Accordingly, the City of
Kitchener became a successor in title to the lands. As the Cost Sharing Agreement runs with
the lands, the Land Registrar requires that all successors in title sign a Release of the Cost
Sharing Agreement.
REPORT:
The request has been circulated to Planning and Engineering Departments and they are
satisfied that the Cost Sharing Agreement can be partially released by the City.
The Cost Sharing Agreement is clouding title and we have been advised that development of
the land is proceeding and it would be preferable to have the Agreement removed from title as
soon as possible.
FINANCIAL IMPLICATIONS:
None. The cost payable to register the partial Release will be paid by the current owner(s).
COMMUNICATIONS:
N/A
CONCLUSION:
As development of the land will proceed at a rapid pace during the summer months, it is
important that the Cost Sharing Agreement be released as soon as possible and cleared from
title.
Fiona M. McCrea
Assistant City Solicitor
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c.c. - George MacDuff