HomeMy WebLinkAboutBy-law 1050/79?O\,V:11 OF
C??E?ifNG
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.1050 j79
Being a By-Law to authorize the execution
of an Agreement of Purchase and Sale
between the Corporation of the Town of
Pickering and Highcroft Investments Limited,
Dungarvan Investments Limited and Gillingham
Investments Limited respecting Part Lots 1,
2 and 3, Plan M-1135 (Part 2, Plan 40R- )
WHEREAS, pursuant to the provisions of subsection 1
of section 336 of The Municipal Act, R.S.O. 1970, chapter
284, as amended by S.O. 1972, chapter 1, the Council of a
Municipal Corporation may pass By-Laws for acquiring land
required for the purposes of the Corporation; and
WHEREAS, it is deemed expedient to acquire certain
lands comprising Part of Lots 1, 2 and 3, Plan M-1135 for
the purposes of laying out a public highway thereon;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. 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 Pick-
ering and Highcroft Investments Limited,
Dungarvan Investments Limited and Gillingham
Investments Limited respecting the acquisi-
tion by the Town of the lands more particu-
larly described in Schedule "B" hereto for
the purpose of laying out a public highway
thereon.
BY-LAW read a first, second and third time and finally passed
this 17th day of September , 1979.
I? i ?? 11 1 1 j.
TO. OR
SCHEDULE "A" to By-law #1050/79
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 HIGHCROFT INVESTMENTS LIMITED, DUNGARVAN
INVESTMENTS LIMITED and GILLINGHAM INVESTMENTS LIMITED (here-
inafter collectively referred to as the "Vendor"), through no
agent, to purchase and the Vendor agrees to and with the Pur-
chaser to sell all and singular the lands situate in the Town
of Pickering in the Regional Municipality of Durham being
composed of those parts of Lots 1, 2 and 3, Plan M-1135,
designated as Part 2 on Plan 40R- , consisting of 817.9
square metres, more or less (herein referred to as the "real
property") upon the following terms and conditions:
1. The purchase price for the lands shall be the sum of
THIRTY THOUSAND DOLLARS ($30,000) payable as follows:
(a) ONE THOUSAND DOLLARS ($1,000) 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 closing, or re-
turned to the Purchaser, without interest,
if this transaction is not completed; and
(b) TWENTY-NINE THOUSAND ($29,000) by certified
cheque to the Vendor on closing.
2. The date for the closing of the sale herein shall be
on or before October 15th, 1979, and the Purchaser
shall have the option to advance the closing date
upon providing the Vendor with ten (10) days prior
written notice.
3. Title to the real property shall be taken in the name
of the Purchaser.
4. Provided the title is good and free from all encum-
brances except minor easements for hydro, gas, tele-
phone or like services to the lands, said 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, survey, other than those in the Vendor's
possession or under its control or as herein pro-
vided; 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,
- 2 -
provided same have been complied with.
5. 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 objec-
tion 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 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 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 conclu-
sively deemed to have accepted the title of the Vendor
to the lands.
6. (a) The Vendor agrees to construct and install, at
its sole expense, on the real property,
(1) a complete municipal roadway, twenty-
eight feet (8.53 metres) wide,
(2) curbs and gutters on each side of that
roadway,
(3) a concrete sidewalk on the north side
of that roadway,
(4) sufficient street lighting, and
(5) sodded boulevards
all according to the normal subdivision roads
and service standards of the Purchaser, to be
completed on or before October 30th, 1980.
(b) The Vendor further agrees to guarantee the sat-
isfactory completion of the works referred to
in (a), above, and to guarantee the workman-
ship and materials thereof for a period of
two (2) years from the date such works are
approved in writing by the Director of Public
Works of the Purchaser.
(c) For the purpose of securing the guarantees
referred to in (b), above, the Vendor hereby
agrees that the security presently held by the
Purchaser in respect of the performance and
maintenance of works in its subdivision des-
- 3 -
ignated as Plan M-1135 shall be applied to
the guarantees herein as if the works
referred to herein were works required to be
constructed, installed and guaranteed under
the subdivision agreement in effect for that
Plan.
(d) The rights and obligations in this section
shall not merge on the closing of this trans-
action, but shall survive that closing and
bind the parties accordingly.
7. 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:
Intra-Office Services Limited
Suite #121, 255 Yorkland Boulevard
Willowdale, Ontario M2J 1S3
Attention: Legal Department
and if given by the Vendor to the Purchaser shall be
sufficiently given if mailed as aforesaid addressed to
the Purchaser as follows:
1710 Kingston Road
Pickering, Ontario L1V 1C7
Attention: Town Manager
Any notice mailed as aforesaid, shall be conclusively
deemed to have been given on the third business day
following the date of mailing.
8. Until completion of the sale the lands shall be and
remain at the risk of the Vendor.
9. Deed or transfer to be prepared at the expense of the
Vendor on a form acceptable to the Purchaser.
10. This Offer, when accepted by the Vendor, shall consti-
tute a binding contract of purchase and sale, and time
in all respects shall be of the essence of this Agree-
ment.
- 4 -
11. It is agreed that there is no representation, warranty,
collateral agreement or condition affecting this Agree-
ment or the lands or supported hereby, other than as
expressed herein in writing.
12. 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 negotiable certified
cheque be tendered instead of cash.
13. Purchaser to pay the costs of registration and land
transfer taxes.
14. Time shall be of the essence of this Agreement.
15. This Offer shall be open for acceptance by the Vendor
until 12:00 noon on the 14th day of September, 1979,
after which time, if not accepted, it shall be null
and void.
16. This Agreement to be read with all changes of gender
or number required by the context.
DATED the 4th day of September, 1979.
IN WITNESS WHEREOF the Purchaser has hereunto affixed its cor-
porate seal, attested by the hands of its duly authorized
officers.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
DATED at Pickering, this 4th day of September, 1979.
IN WITNESS WHEREOF the companies comprising the Vendor have
hereunto affixed their respective corporate seals, attested
- 5 -
by the hands of their duly authorized officers.
SIGNED, SEALED and DELIVERED
HIGHCROFT INVESTMENTS LIMITED
DUNGARVAN INVESTMENTS LIMITED
GILLINGHAM INVESTMENTS LIMITED
A
w
F
Q
R Ln
0 en
E . U] cA O r? .-.
E E E
F C7 W
£ 9 .24 IM (V
N
q
O
z E E E x C. I •11 a 0
W H w O to U M 9 O1 3-f +J
01:4
w I ??77A
p W WO
y w WO
D W f4' r4o0 aNgA
p W ar •.-I X 00
z9 'O 2Pro ZE •OZP 131 H U41
0u 9 HH 0 HH r,HH ?C N -rl W I
H H f0 x fa Z fo X O M ru X P+ 171 IT
F W EH zH ?H E rl u 0 9
1 s 4
Ca a a
O a a W % 04 0x
W ry OH
H
° -1
? FIwa
x a H m
w ma
x 4J
F a
SCHEDULE "B"
ALL AND SINGULAR that certain parcel or tract of land and prem-
ises situate lying and being in the Town of Pickering in the
Regional Municipality of Durham and Province of Ontario and
being composed of those parts of Lots 1, 2 and 3, according
to a plan registered in the Land Title Office for the Registry
Division of Durham as Plan No. M-1135, designated as Part 2,
on a plan of survey of record filed in the said Office as
Plan 40R-
?? Z J
j ?NH
~ a2S'3
(..oW N
0? KpW ?
2p maJ r
V' LL
W ?Z ~O?
a
?oc? o,m
t CD 2! yNj~= K K
Ck:: D 4 2 / ?? 3wz p+°v
0 ?? ?¢ oyx
Z Z p
V Q I t7; 3pZ R11
0
W Z ; ?+ m rn
y? W W
Q> Qfn N6""? ZZY
W
Jw a zd-? - W g -mss' o00
f2 ¢ O JD z?z
3
J I
F- ? W W M O Q?G Jh1Y- [w
to A -o LL. u (7/? CC
W Z ??(n W p?0 CpWo D
Off.-. ZOO r ?^ YYN 1FV W J? ?
r w Q rdM ~ Q ¢ W.? p W W F- Iwo m
LLJ cc
J
pW 1.1. ?J V z?? c'6!a am °z v
I N ?/ W
lL QH O- _-N (D Y? dF'L Qr=rVW ?Q t5O g?
I?
C> a,
¢ W Z W 4F-c° cf¢tz?3 I w yQ??a..
??
W Cl) J W gJ ¢4 7 m V' N v W; WN ULLW
LLJ o So.n M CL »iysgray= l Jyw
cl, U-
¢6d.d¢ Q OM W iW.fF ?OW 4-W Fp?-O ?,yJJ'
Q W
C> ;E
¢'KK J ?1 Wy $ 1-
6Q 6 a d J 1-- cc V J 0 V/ N M V Q O
--II ( L!O!--- W NV!d \1J."a
_j 1 G I ?Y;??n?IJJG / 5£.!-W NVId 1l8
Ei M„0d,£ZoLIN 91IL-0. y /
M„5Z,£doLIN ,bl ti if N9L-a
b66 m / 16-211 d M „5Z,£ZoLIN Lunn 133ais
m r ,16•£5 3 ,OU09
LL 3 a - '.LW
p JAJ ?n ?iN' m MR,
cMO?°iO ?pvcg la a c? cz
MME O?RC'J, m QUZI ?^ O(V
C? QtSZ ZaJQ.1, ?tV
,0099 v
CV N w 1K) y °o
a
_ m V ACV .? ?` O
J /y { cy
M n ?"'n M M d IF m ,? M
Q Q ? QQ ? Q) Q F
W O
w g Q< z' 9 n' °a z s ? a 4 u?
~ MI = -JWi N? _
m
Z _? ??I m m ti Z _.J
F_ UMi y - ANA
ZQ W 0099 az,
1,1A I !d OM
IhN ? N?
dV ?? ? I KU m
m
N M 5Z £ZOLIN F, y
tj06Z I 100911M„52,£2oLIN d 0005M„53£doLIN e
- --
L!01 W Ntlld 18 9N!N301M 13381S 0! LIU-W NVId'W MOMS
(3AH353R,!I
11Mn 133H1S 1vN191H0
Q% y 1 I-I ?h?h