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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. 8.5 - 1 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 8.5 - 2