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Home My WebLink AboutBy-law 2493/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2493/87 Being a by-law to authorize the execution of an Agreement of Purchase and Sale and consequent Transfer/Deed of Land conveying Lot 7, Plan 614, Picketing to Leonardo Calvelli. WHEREAS The Corporation of the Town of Picketing, as successor to The Corporation of the Township of Picketing, is the owner of Lot 7, Plan 614, Picketing, acquired by the Township on July 5, 1956 by virtue of the registration of Instrument No. 42892. WHEREAS, pursuant to the provisions of the section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing wishes to dispose of those lands, those lands no longer being required for municipal purposes; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement of Pur- chase and Sale, in the form attached hereto as Schedule A, providing for the sale to Leonardo Calvelli of Lot 7, Plan 614, Picketing, for the sum of $70,000.00. The Mayor and Clerk are hereby further authorized to execute a Transfer/Deed of Land, in the form attached hereto as Schedule B, for the conveyance of the lands referred to in section 1, above, in accordance with the terms and conditions of the Agreement attached hereto as Schedule A. By-law read a first, second and third time and finally passed this 1st day of June, 1987. TOWN oF PICKERiNG APPROVED LEGAL DEPT, / B uce Zaylor, C rk/ S(~HEDULE A - By-Law ~km/ber 2493/87 AGREEIvIENT OF PURCHASE AND SALE dated June 1, 1987 BETWEEN: LEONARDO CALVELLI (herein referred to as the "Purchaser") and THE CORPORATION OF THE TOWN OF PICKERING (herein referred to as the "Vendor") The Purchaser, having inspected the Property, agrees to purchase from the Vendor, and the Vendor agrees to sell to the Purchaser, all of Lot 7, Plan 614, Picketing (herein referred to as the "Property") upon the following terms and conditions: e The purchase price for the property shall be the sum of SEVENTY THOUSAND DOLLARS ($70,000.00) payable as follows: (a) SEVEN THOUSAND DOLLARS ($7,000.00) by certified cheque payable to the Vendor upon the execution of this Agreement as a deposit to be held in trust by it until the closing of the transaction or other termination of this Agreement, and to be credited on account of the purchase price on closing, or returned to the Purchaser, without interest, if this trans- action is not closed~ and (b) SIXTY-THREE THOUSAND DOLLARS ($63,000.00) by certified cheque payable to the Vendor on closing. The date for the closing of the transaction herein shall be June 15, 1987. The Purchaser shall be allowed the 10 days next following the date hereof to examine the title to the property at his own expense, and to satisfy himself that there are no outstanding municipal work orders or deficiency notices affecting the property. The Vendor covenants, warrants and represents that it will, on or before the closing of this transaction discharge all liens, claims and encumbrances affecting the property, save as herein otherwise provided, and vacant possession will be delivered on the date of closing. After the date hereof, and prior to the closing of this transaction, the Pur- chaser, its agents, servants and employees shall be entitled to full access upon the property for the purpose of making surveys, inspections and placing sur- vey markers, and for the purpose of making soil tests, and drawing plans as they deem advisable. Should any of the conditions, covenants, representations, provisos or war- ranties contained in this Agreement not be satisfied or the transaction not close within the time limits provided, which conditions, provisos, covenants or war- ranties the Purchaser or the Vendor, as the case may be, shall not waive, this Agreement shall, on the expiration of such time, at the option of the Purchaser or the Vendor, as the case may be, be null and void, and the Purchaser's deposit shall be returned in full without interest or deduction. The title to the property is good and free from all encumbrances save as herein otherwise provided. If within the time allowed for examining the title any valid objection to title or to any outstanding municipal work order or deficiency notice is made in writing to the Vendor and which the Vendor is unable to remove, remedy or satisfy and which the Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections shall be at an end and the deposit shall be returned without 10. 11. 12. 13. interest or deduction and the Vendor shall not be liable for any costs or dam- ages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the property. The Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are the pos- session or control of the Vendor. Rents, taxes, local improvements and water and assessment rates shall be apportioned and allowed to the date of closing of this transaction (the day itself to be apportioned to the Purchaser). The transfer shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of the Vendor. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by the Vendor and the Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon the Vendor or the Purchaser or their respective solicitors on the date for the closing of this transaction. Money may be tendered by cheque certified by a chartered bank, trust company or Province of Ontario Savings Office. This Agreement shall constitute the entire agreement between the Purchaser and the Vendor and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. SIGNED, SEALED & DELIVERED In the presence of and by by Leonardo Calvelli, Purchaser THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk Purchaser's address for service: 1187 Finch Avenue, Pickering, Ontario LIV 1J7 Vendor's address for service: 1710 Kingston Road, Picketing, Ontario LIV 1C7 Purchaser's solicitor: address: telephone: Vendor's solicitor: address: telephone: C.M. Timothy Sheffield 1710 Kingston Road, Picketing, Ontario 683-2760 L1V 1C7 -2- New Property identifiers Executions See Schedule SCHEDULE B Transfer/Deed of Land Form I -- Land Reglatratlrm Reform Act, 1984 (1) Flegbtry ~' Land Tltfe~ [] 2) (3) ~r~rty Block Pro~y I~tl~l) (4) Consideration Seventy Thousand Page 1 of 2 pages Dollars $ (S) De~:rlptlon This is a: Property Property Division [] Consolidation [] Lot 7, Plan 614 Town of Picketing Regional Municipality of Durham A < 70,000.00 [6) This (a) Redescdption ' (b) Schedule for: [ (7) In~VEstate Transferred Additional [ Fee Simple Document New Easement Description [] Parties [] Other [] Contains Plan/Sketch [] ; >(8) Transferol(s ' ) The transferor hereby transfers the land to the transferee ::;~_ Nam~, CORPORATION OF THE Signature(s) TOWN OF PICKERING John E. Anderson, Mayor Date of Signature Y M D 1987 ::06 ; 02 Bruce Taylor, Clerk >(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) 1987:06 02 - ~ < Date of Signature Y M D ', (10) Trlalsferor(s) Address forSen~ice 1710 Kingston Road, Picketing, Ontario L1V lC7 11) Transferee(s) Date ot Y M D CALVELLI, Leonar do (12) TTa~shm~e(s)Addmss 1187 Finch Avenue, Picketing, Ontario L1V 137 for Ser~{ce (13) Transferor(s) The transferor verifies that to the best of the translator's knowtedge and belief, this transfer does not contravene section 49 of the Planning Act, 1983 Date of Signature Date of Signature Y M D , Y M , 0 81 So,icitor ~,gna,ure ........... Address of -. . ! ; ~ll ~ I i14', SO#ClI(w for Tral~fere~l) I have investiaat~::l the title to this land and to abutting land where releva~lt and I am satisfied that the title records < ~ ~ C, reveal no contravenhon as set out m subclause 49 21a) c 00 of the Planning Act, 1983 and that to the best of my knowledge and belief th~s '~c ~ ~ solicitor in good standing. ~ Solicitor i ; ~) Signature .......................... " ...... i ...... (15) ~essment Roll Numbe¢ of Proper'b/ %(16) Municipal Address of Property Jomar Avenue Picketing, Ontario Cly [Mun[ Map ' Sub Par 18 ': 01'.010 019 11400 0000 l{17) Document Prepared by: C.M. Timothy Sheffield Town Solicitor 1710 Kingston Road Picketing, Ontario L1V 1C7 Fee~ and Tax Registration Fee Land Transfer Ta;~ Total