HomeMy WebLinkAboutCRPS-09-049 - Removal of Restriction on Title - 11 Greendale Cres
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD(S) INVOLVED:
DATE OF REPORT:
REPORT NO.:
SUBJECT:
Committee of the Whole
April 27, 2009
Lesley MacDonald, City Solicitor and Director of Legal
Services
Lesley MacDonald, City Solicitor and Director of Legal
Services
Ward 2
April 16, 2009
CRPS-09-049
REMOVAL OF RESTRICTION ON TITLE
11 GREEN DALE CRESCENT, KITCHENER
RECOMMENDATION:
"That the City Solicitor be authorized to execute any documentation necessary to convey
the City's consent to the release of restrictions currently registered on title as Instrument
No. 458317; and further,
That the City Solicitor be authorized to execute any documentation necessary to convey
the City's consent to the release of restrictions and/or rights of access involving the City
of Kitchener that have been created and registered on title which are no longer required."
BACKGROUND:
Instrument No. 458317 is a Deed registered in 1971 from Harold Freure Limited to Gary Basil
Hough and remains registered on title to the property located at 11 Greendale Crescent and
contains the following restrictions on title:
"1. The Grantee shall not assign, transfer or convey any of the lots herein conveyed
unless the assignment, transfer or conveyance shall contain a covenant by the
assignee, transferee or purchaser therein (which covenant shall be assigned by
the Grantee to the Grantor) to the effect that the Grantor herein, its successors
and assigns, shall have the right at any time or times within a period of three (3)
years from the date of registration of such assignment, transfer or conveyance to
enter on, and along and upon the lot conveyed therein for the purpose of
correcting or rectifying any condition which interferes with proper drainage and/or
grading, such corrective work to include, if necessary, the installation of catch
basins and such entry shall not be deemed to be a trespass.
2. No dwelling house constructed on any of the lots herein conveyed shall be
occupied until the underground services have been completed and stone-
surfaced roads have been installed, and the hydro electric installation has been
completed as required by the City of Kitchener."
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The above restrictions were included in the Deed while the neighbourhood was being developed
and are no longer relevant as this is an older neighbourhood and underground services have
been completed. Since the Restrictions name the City of Kitchener, it is necessary that the
Registry Office receives confirmation that the City of Kitchener consents to the deletion of the
restrictions.
REPORT:
Engineering staff have confirmed that the underground services have in fact been completed in
this neighbourhood and agree that the restriction should be removed from title. These matters
come up from time to time and it is generally at a time when the owner of the property is trying
to close a real estate transaction. Due to the short notice that the City is often provided, it
would be beneficial if Council would delegate authority to sign the necessary documentation to
convey the City's consent for the deletion of restrictions and/or rights of access that are created
at the time of development and remain registered on title, but no longer serve a purpose.
FINANCIAL IMPLICATIONS:
Not applicable. If Council agrees to provide consent to have the restriction removed from title,
Legal Services will be providing a copy of the resolution to the law firm that has requested the
deletion and any registration fees that may be required by the Land Registry Office should be
paid by the law firm making the request.
CONCLUSION:
It is appropriate to have the restriction removed from title at this time in order to clear title for the
registered owner. By delegating authority to the City Solicitor to execute any necessary
documentation, it will expedite matters for the general public and avoid the requirement of
bringing each matter before council.
ACKNOWLEDGED BY:
Troy Speck, General Manager of Corporate Services
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