HomeMy WebLinkAboutCRPS-08-012 - Authorization to Remove Restrictive Covenants from Title of 38 Hanson Avenue
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Services
Report To:
Date of Meeting:
Submitted By:
Committee of the Whole
February 4, 2008
Lesley MacDonald, Director of
Legal Services & City Solicitor
Prepared By:
Lesley MacDonald, Director of
Legal Services & City Solicitor
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Ward 3: Fairway - Gateway - John Gazzola
January 31 , 2008
CRPS - 08- 012
Authorization to remove Restrictive Covenants from title of
38 Hanson Avenue, Kitchener
Part Lot 17, MCP 791, being Parts 1 - 5 on Plan 58R-15472
RECOMMENDATION:
"That Instrument No. Z313753 being Restrictive Covenants registered on
October 8, 1965 on the property described as Part of Lot 17, MCP 791, being
Parts 1 through 5 inclusive, on Plan 58R-15472, and municipally known as 38
Hanson Avenue be released completely from title; and further,
That the Mayor and Clerk be authorized to execute any documentation approved
by the City Solicitor to release all restrictions as set out in Instrument No.
Z313753, respecting the property described as Part of Lot 17, MCP 791, being
Parts 1 through 5 inclusive, on Plan 58R-15472, and municipally known as 38
Hanson Avenue, Kitchener, if required; 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. Z313753, a Deed from the City of
Kitchener as registered on title on October 8, 1965. At the time of registration, there were a
number of restrictive covenants that were attached to the lands. This subject property has
undergone some recent developments and a severance was approved by way of a Committee
of Adjustment decision and a portion of land was severed from 100 Ardelt Avenue and sold to
the owner of 38 Hanson Avenue in order to support an addition to the existing building located
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on 38 Hanson Avenue. As part of the process, it was necessary for the owner of 38 Hanson
Avenue to enter into a Development Agreement with the City of Kitchener and said Agreement
was registered on title to the lands on January 18, 2008 as Instrument No. WR357698. As the
lands are now subject to the Development Agreement, the former restrictive covenants are no
longer necessary.
REPORT:
The appropriate staff have reviewed the request and advise that the property is being
redeveloped under a Section 41 Development Agreement and said Agreement will provide for
the proper development of the lands thereby making the registered restrictive covenants no
longer necessary.
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 existing restrictive covenants and is now undergoing new development under a Section 41
Development Agreement, it is appropriate that the City release the existing restrictive covenants
as set out in the Schedule "A" of Instrument Z313753 and allow same to be removed from title.
Respectfully submitted,
LESLEY MACDONALD, Director of
Legal Services & City Solicitor
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