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HomeMy WebLinkAboutBy-law 4463/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4463/94 Being a by-law to authorize the acquisition of part of Lot 18, Concession 1, Pickering, for road purposes (Pickering Parkway) and the disposition of part of Lot 18, Concession 1, Pickering, no longer required for municipal purposes. WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or interest therein for the purposes of the Corporation; and WHEREAS the Corporation requires a part of Lot 18, Concession 1, Pickering, for road purposes (Pickering Parkway re-alignment); and WHEREAS, pursuant to the provisions of section 191(1) of the Municipal ,4ct, the Council of the Corporation may pass by-laws for disposing of land no longer required for the purposes of the Corporation; and WHEREAS, upon the re-alignment of Picketing Parkway, the Corporation will no longer require a part of Lot 18, Concession 1, Picketing, presently owned by it, or to be acquired by it; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Corporation of the Town of Picketing shall acquire from Steele Valley Developments Limited part of Lot 18, Concession 1, Pickering, for road purposes (Picketing Parkway re- alignment), at a cost to the Corporation of $2.00 (exclusive of fees and disbursements). 2. The Corporation of the Town of Pickering shall sell to Steele Valley Developments Limited part of Lot 18, Concession 1, Picketing, at a sale price of $2.00 (exclusive of fees and disbursements). 3. The Mayor and Clerk are hereby authorized to execute a Land Exchange Agreement, in the form attached hereto as Schedule A, between Steele Valley Developments Limited and The Corporation of the Town of Picketing to implement the acquisition and disposition of the lands referred to in sections 1 and 2. 4. The Town Solicitor is hereby authorized to execute all other documentation required to effect the acquisition and disposition in substantial accordance with the Land Exchange Agreement and this By-law. BY-LAW read a first, second and third time and finally passed this 27th day of June, 1994. TOWN ,~" pICKEr,:!~ .,',, ~ __ ~,~'~ Bruce Taylor, Clerk AS 'I'0 t SCIqEELri~ A THIS LAND EXCHANGE AGREEMENT for the acquisition and disposition of lands made as of June 27, 1994, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191, BETWEEN: STEELE VALLEY DEVELOPMENTS LIMITED herein called "Steele Valley" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called "Picketing" OF THE SECOND PART. WHEREAS Steele Valley is the registered owner, in fee simple, of that part of Lot 18, Concession I. Pickering, designated as Part 2, Plan 40R-XXXXX; and WHEREAS Pickering is the registered owner, in fee simple, of that part of Lot 18, Concession I, Picketing, designated as Parts 7 and 9, Plan 40R-XXXXX, and expects to be able to acquire from a third party that part of Lot 18, Concession I, Picketing, designated as Part 8, Plan 40R-XXXXX; and WHEREAS Pickering wishes to re-align a portion of Pickering Parkway in Lot 18, Concession I, Picketing, and for that purpose wishes to enter into an Agreement with Steele Valley for the exchange of certain lands, which re-alignment and land exchange are supported by Steele Valley; and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191, Picketing may acquire lands for municipal purposes and dispose of same when no longer required; NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: I. This Agreement may be registered by Picketing on title to that part of Lot 18, Concession 1, Picketing, designated as Part 2, Plan 40R-XXXXX, herein called the "Steele Valley Lands". 2. (1) Upon the acquisition by Pickering from a third party of that part of Lot 18, Concession I, Pickering, designated as Parts 4, 8 and 10, Plan 40R-XXXXX, Steele Valley shall convey all of the Steele Valley Lands to Picketing, free and clear of all encumbrances and at no cost to Picketing, for road purposes. (2) Steele Valley hereby warrants that, upon such conveyance, neither the title to the Steele Valley Lands nor their physical state and condition shall prevent Picketing from lawfully or physically using the Steele Valley Lands for the purposes for which they are being conveyed. 3. Following the acquisition by Pickering from Steele Valley of the Steele Valley Lands, Pickering shall construct a re-aligned Picketing Parkway on the conveyed Steele Valley Lands and on that part of Lot 18, Concession I, Pickering, designated as Parts 1, 3, 4 and 5, Plan 40R-XXXXX, at no cost to Steele Valley, and shall dedicate as public highway those parts of the re-aligned Picketing Parkway not already dedicated as public highway. 4. (1) Upon the dedication by Picketing as public highway of those parts of the re-aligned Picketing Parkway not already dedicated as public highway, Picketing shall stop up and close as public highway that part of Lot 18, Concession l, Picketing, designated as Parts 6, 7, 9, 11 and 13, Plan 40R-XXXXX. (2) Following the stopping up and closing as public highway of that part of Lot 18, Concession 1, Picketing, designated as Parts 6, 7, 9, 11 and 13, Plan 40R-XXXXX, Picketing shall convey that part of Lot 18, Concession 1, Picketing, designated as Parts 7, 8 and 9, Plan 40R-XXXXX, to Steele Valley, free and clear of all encumbrances (except utility easements over Parts 7 and 9, Plan 40R-XXXXX) and at no cost to Steele Valley. 5. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties herein have hereunto affixed their respective corporate seals, attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF PICKERING OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk STEELE VALLEY DEVELOPMENTS LIMITED ENCUMBRANCER - [name of mortgagee or other encumbrancer! The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with Picketing that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, title or claim which could not be exercised by Steele Valley by reason of the terms of this Agreement. Dated at , this day of ,1994. SIGNED, SEALED AND DELIVERED [name of mortgagee or other cncumbrancer] RE9405misc 2