August 24, 1999
To:North York Community Council
From:H.W.O. Doyle
City Solicitor
Subject:Patricia Sheila Goudie
24 Hedgewood Road
Restrictive Covenant Agreement
Purpose:
The purpose of this report is to request authority to enter into a restrictive covenant agreement in respect of the above
property.
Funding Sources, Financial Implications and Impact Statement:
Not Applicable.
Recommendations:
That the City enter into a restrictive covenant agreement in respect of the above property.
Council Reference/Background/History:
A portion of closed road allowance within the former City of North York was sold to Patricia Sheila Goudie which
Transfer was registered on title, in the Land Registry office October 23, 1992 as Instrument Number TB863945.
The land was sold subject to a restrictive covenant contained in the Transfer which restricted the land from being used as a
separate building lot. Patricia Sheila Goudie applied to the Committee of Adjustment for consent to sever the land and
transfer a portion (approximately, the southerly 1.22 metres) to the adjacent landowner.
On October 22, 1998, the Committee of Adjustment approved the application for consent to sever upon certain conditions,
one of which was that the adjacent landowner enter into an agreement with the City in order to ensure that the intent and
terms of the restrictive covenant currently on title to the land is maintained.
A form of restrictive covenant agreement has been drafted by the Legal Division for execution upon receipt of Council
authority.
Conclusions:
It is appropriate that the City enter into the agreement and maintain the restrictive covenant on title to the severed lands.
Contact Name:
Irvin M. Shachter
Solicitor
Legal Division
Tel: (416) 392-1219
Fax No. (416) 397-4420
H.W.O. Doyle
City Solicitor
