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HomeMy WebLinkAboutBy-law 1486/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1486/82 Being a By-Law to authorize the execution of an Agreement of Purchase and Sale conveying part of Bayview Road (Part) 1, Plan 40R-4260) to Paul D. and Britt E. Hayne WHEREAS on June 5th, 1978, the Council of the Corporation of the Town of Pickering enacted By-Law 799/78 pursuant to the provisions of section 443(1) of the Municipal Act, R.S.O. 1970, chapter 284, stopping up that part of Bayview Road designated as Part 1 on Plan 40R-4260 and author- izing the sale of same to abutting property owners; and WHEREAS By-Law 799/78 received the approval of the Regional Municipality of Durham on July 5th, 1978 and was registered in the Registry office for the Registry Division of Durham on September 22nd, 1978 as Instrument No. D77254; and WHEREAS the abutting property owners were offered the property for sale but declined to purchase same; and WHEREAS it is deemed expedient to dispose of the property; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement of Purchase and Sale, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Paul D. and Britt E. Hayne respecting that part of Bayview Road stopped up by By-Law 799/78, being Part 1, Plan 40R-4260. BY-LAW read a first, second and third time and finally passed this Third day of May , 1982. SCHEDULE "A" to By-law 1486/82 AGREEMENT OF PURCHASE AND SALE We, PAUL DOUGLAS HAYNE and BRITT ELISABETH HAYNE, of the Town of Pick- ering, in the Regional Municipality of Durham (hereinafter referred to collectively as the "Purchaser"), having inspected the real property, agree to and with THE CORPORATION OF THE T~N OF PICKERING (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 that part of Bayview Road designated as Part 1 on Plan 40R-4260 and closed by By-Law 799/78, consisting of 1,080 square metres, more or less, (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 THIRTY-TWO THOUSAND DOLLARS ($32,000) payable as follows: (a) TWO THOUSAND DOLLARS ($2,000) by certified cheque to the Vendor as a deposit to be held in trust by it until the closing of the sale or other termination of this Agreement, and to be credited on account of the purchase price on clos- ing, or returned to the Purchaser, without interest, if this transaction is not completed; and (b) THIRTY THOUSAND DOLLARS ($30,000) by certified cheque to the Vendor on closing. The date for the closing of the sale herein shall be on or before July 6th, 1982, and the Purchaser shall have the option to advance the closing date upon providing the Vendor with ten (10) day's prior written notice, subject to the availability of an up-to-date survey. The closing of the sale herein shall be subject to the Vendor complying with, (a) section 29 of the Planning Act, R.S.O. 1980, chapter 379, as amended; and (b) sections 298 and 317 of the Municipal Act, R.S.O. 1980, chapter 302, as amended. This Agreement is conditional upon the Purchaser obtaining, on or before July 6th, 1982, a binding Agreement of Purchase and Sale on terms suitable to him for the sale of his property known munici-~ pally as 17 Danton Court, Ajax, Ontario. (i) Title to the real property shall be taken in the name of the Purchaser. (2) Under no circumstances, by direction or otherwise, may the provisions of (1), above, be altered, varied, amended, rescinded or deleted. Provided the title is good and free from all encumbrances except minor easements 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 com- plied with. - 2 - 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, or non- compliance with zoning by-law, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser shall 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 or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the lands. The Vendor warrants that no residential lot levy shall be payable with respect to the erection or installation of a single family dwelling on the real property. Any notice herein provided for or permitted or required to be given hereunder, if given by the Purchaser to the Vendor shall be sufficiently given if mailed in one of Her Majesty's Post Offices by registered mail addressed to the Vendor at: 1710 Kingston Road Picketing, Ontario L1V 1C7 Attention: Town Manager and if given by given if mailed lows: the Vendor to the Purchaser shall be sufficiently as aforesaid addressed to the Purchaser as fol- 17 Danton Court Ajax, Ontario L1S 3G2 Any notice mailed as aforesaid, shall have been given on the third business mailing. be conclusively deemed to day following the date of 10. 11. Until completion of the sale the real property shall be and remain at the risk of the Vendor. Deed or transfer to be prepared at the expense of the Vendor on a form acceptable to the Purchaser. This Offer, when accepted by the Purchaser, binding contract of purchase and sale, and shall be of the essence of this Agreement. shall constitute a time in all respects 13. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement or the real prop- erty or supported hereby, other than as expressed herein in writ- ing. 14. 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 negoti- able certified cheque be tendered instead of cash. 15. Purchaser to pay the costs of registration and land transfer taxes. 16. Time shall be of the essence of this Agreement. - 3 - 17. This Offer shall be open for acceptance by the Vendor until 12:00 noon on the 4th day of May, 1982, after which time, if not accepted, it shall be null and void. 18. This Agreement to be read with all changes of gender or number required by the context. DATED at this day of , 1982. IN WITNESS WHEREOF the persons comprising the Party referred to herein as the Purchaser have hereunto affixed their hands and seals. SIGNED, SEALED & DELIVERED In the presence of PAUL DOUGLAS HAYNE BRITT ELISABETH HAYNE DATED the day of , 1982. IN WITNESS WHEREOF the Vendor has hereunto affixed its corporate seal, attested by the hands of its duly authorized officers. THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk 0 ~0 ~Z ~0 Z~