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HomeMy WebLinkAbout By-law 1759/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1759/83 Being a by-law to authorize the execution of an offer to purchase part Lots 27 and 28, Plan 12, Picketing (Claremont Library) WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipal corporation may pass by-laws for acquiring land required for the purposes of the corporation; and WHEREAS The Corporation of the Town of Pickering requires certain lands in Lots 27 and 28, Plan 12, Picketing, for the purposes relating to the operation of a public library; 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 Offer to Pur- chase/Agreement of Purchase and Sale, in the form attached hereto as Schedule "A", between The Corporation of the Town of Picketing, as purchaser, and Karsten Smith, as vendor, for the acquisition of the lands described therein for the purchase price of $15,150.00, subject to adjustments for taxes. BY-LAW read a first, second and third time and finally passed this 28th day of November , 198 Mayor Clerk SCHEDULE "A" OFFER TO PURCHASE/AGREEMENT OF PURCHASE AND SALE THE CORPORATION OF THE TOWN OF PICKERING (hereinafter referred to as the "Purchaser", having inspected the real property, agrees to and with KARSTEN SMITH, In Trust, (hereinafter referred to as the "Vendor), through no agent, to purchase and the Vendor agrees to and with the Purchaser to sell all and singular the lands situate in the Town of Pickering, in the Regional Municipality of Durham being composed of those lands more particularly described in Schedule "A" hereto, consisting of approximately 1,300 square metres, (herein referred to as the "real property") upon the following terms and conditions: The purchase price for the real property shall be the sum of $15,150.00 payable as follows: (a) $1,150 to the Vendor as a deposit to be held by the Vendor pending acceptance of this offer and the completion or other termination of the agreement arising here from, and upon com- pletion to be credited on account of purchase price; and (b) $14,000 to the Vendor on closing, subject to adjustments for taxes. 2. The date for the closing of the sale herein shall be on or before December 28th, 1983. 3. (1) This conveyance shall be subject to the conditions that: (a) prior to closing, the Vendor shall at his expense demolish or remove all buildings on the real property leaving the real property in a neat and clean condition; and (b) prior to closing, the Vendor shall, at his expense, obtain and register a reference plan survey of the real proper- ty, such plan to be subject to the Purchaser's approval which approval shall not be unreasonably or arbitrarily withheld, provided the Purchaser may waive either or both of the above conditions. (2) If the Purchaser elects not to complete the purchase by reason of the non-fulfilment of either of the above conditions, and so notifies the Vendor prior to closing, the Vendor shall refund the deposit forthwith without interest, and neither the Vendor nor the Purchaser shall be liable to the other for any loss, costs, damages, compensation or expenses; if the Purchaser does not so notify the Vendor, the Vendor shall be entitled to assume that both conditions have either been fulfilled or waived. Provided the title is good and free from all encumbrances except minor ease- ments for hydro, gas, telephone or like services to the real property, such title to be examined by the Purchaser at its own expense, and the Purchaser is not to call for the production of any title deed, abstract of title, proof or evidence of title, or survey, other than those in the Vendor's possession or under its control or as herein provided; and provided the same have been complied with, the Purchaser is to accept the property subject to any such minor easements as above-mentioned, and to restrictions and covenants that run with the land, provided same have been complied with. The Purchaser to be allowed until closing to investigate the title at its own expense, and if within that time it shall furnish the Vendor in writing with any valid objection to the title, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest and the Vendor shall not be liable for any costs or damages. Save as to any va/id objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the lands. (1) Any notice herein provided for or permitted or required to be given hereunder, if given by the Vendor to the Purchaser, shall be sufficiently - 2 - given if mailed in one of Her Majesty's Post Offices by registered mail addressed to the Purchaser at: 1710 Kingston Road Picketing, Ontario L1V lC7 Attention: Town Solicitor and if given by the Purchaser to the Vendor shall be sufficiently given if mailed as aforesaid addressed to the Vendor as follows: 10. 11. 12. 13. 14. (z) Any notice mailed as aforesaid, shall be conclusively deemed to have been given on the third business day following the date of mailing. The deed or transfer shall be prepared at the expense of the Vendor on a form acceptable to the Purchaser. This Agreement shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement. It is agreed that there is no representation, warranty, condition affecting this Agreement or the real property other than as expressed herein in writing. collateral agreement or or supported hereby, Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or upon the solicitor acting for the party on whom tender is desired, and it shall be sufficient that a certified cheque be tendered instead of cash. The Purchaser shall pay the costs of registration of the deed or transfer and any land transfer taxes relating thereto. Time shall be of the essence of this Agreement. This Agreement shall be open for execution by the Purchaser and the Vendor until 12:00 noon on the 30th day of November, 1983, time, if not executed and delivered, it shall be null and void. delivery to after which This agreement to be read with all changes of gender or number required by the context. IN WITNESS WHEREOF the Purchaser has hereunto affixed its corporate seal, attested by the hands of its duly authorized officers, this 28th day of November, 1983. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk IN WITNESS WHEREOF the Vendor day of November, 1983. in the presence of has hereunto affixed his hand and seal this witness KARSTEN SMITH, in trust SCHEDULE "A" All and singular that certain parcel or tract of lands and premises situate, lying and being in the Town of Picketing in the Regional Municipality of Durham and Province of Ontario and being composed of parts of Lots 27, and 28, Plan 12, more particularly described as follows: COMMENCING at the south-east angle of Lot 27, Plan 12; THENCE S70°38'15"W along the southerly boundary of Lot 27, 2.7_+ metres; THENCE northerly parallel to the easterly boundary of Lot 27, 60.7_+ metres; THENCE N17°32'20"E, 2.7+ metres; THENCE NTlO41~20"E, 19.4.+ metres; THENCE S17°18'25"E, 60.3.+ metres to a point in the southerly boundary of Lot 28 distant 20.117 metres from the south-east angle of Lot 27; THENCE S71°38'15"W along the southerly boundary of Lot 28, 10.973 metres; THENCE N16o53'40"W, 9.266 metres; THENCE S71°38'15"W, 9.144 metres; THENCE S16°53~40nE, 9.266 metres to the point of commencement.