HomeMy WebLinkAboutCRPS-09-050 - Removal of Right of Access on Title - 239 Lorraine Av
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, Director of Legal Services
Lesley MacDonald, City Solicitor, Director of Legal Services
Ward 2
April 17, 2009
CRPS - 09-050
REMOVAL OF RIGHT OF ACCESS ON TITLE
239 LORRAINE AVENUE, KITCHENER
RECOMMENDATION:
"That the City Solicitor be authorized to execute any documentation necessary to convey
the City's consent to the release of the right of access currently registered on title to 239
Lorraine Avenue, registered as Instrument No. 615897."
BACKGROUND:
Instrument No. 615897 is a Deed registered in 1977 from Parkwood Developments (Kitchener)
Limited to Dominant Construction Limited and remains registered on title to the property located
at 239 Lorraine Avenue and contains the following right of access:
"The vendor, its successors and assigns, servants and agents, shall have the right to
enter on the said lands at any time from the execution hereof, until such time as all work
services, including roads, have been assumed by the Corporation of the city of Kitchener
under the Subdivision Agreement; for the purpose of rectifying and/or completing any
and all work, and/or services, as may be required under the Subdivision Agreement
entered into by the vendor and the Corporation of the City of Kitchener, relating to the
herein lands."
The above right of access was included in the Deed while the neighbourhood was being
developed and is no longer relevant as this is an older neighbourhood and all utilities and roads
have been installed and assumed by the City of Kitchener. Since the right of access names the
City of Kitchener specifically, it is necessary that the Registry Office receives confirmation that
the City of Kitchener consents to the deletion of the right of access.
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REPORT:
Engineering staff have confirmed that the road and utilities have been assumed by the City and
are in agreement with Planning and Utilities staff that the above right of access is no longer
relevant and can be removed from title.
FINANCIAL IMPLICATIONS:
Not applicable. If Council agrees to provide consent to have the right of access removed from
title, Legal Services will be providing a copy of the resolution to the law firm requesting 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 right of access registered as Instrument No. 615897 removed from
title at this time in order to clear title for the registered owner.
ACKNOWLEDGED BY:
Troy Speck, General Manager of Corporate Services
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