HomeMy WebLinkAboutBy-law 4449/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4449/94
Being a by-law to authorize the acquisition of part of Lot
27, Range 3, Broken Front Concession, Pickering, for
road purposes (Fairport Road) and the disposition of part
of Lot 27, Range 3, Broken Front Concession, Picketing,
not 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 Pickering 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 27, Range 3. Broken Front Concession, Pickering, for
road purposes (Fairport Road); and
WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, the Council of the
Corporation may pass by-laws for disposing of land not required for the purposes of the Corporation;
and
WHEREAS the Corporation does not require a part of Lot 27, Range 3, Broken Front Concession,
Pickering, presently owned by it;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Corporation of the Town of Pickering shall acquire from C. K. Service Station Limited part
of Lot 27, Range 3, Broken Front Concession, Picketing, for road purposes (Fairport Road), 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 C. K. Service Station Limited part of Lot
27, Range 3, Broken Front Concession, Picketing, at a sale price of $5,000 (exclusive of fees and
disbursements).
3. The Mayor and Clerk are hereby authorized to execute an Offer to Sell, in the form attached
hereto as Schedule A, between C. K. Service Station Limited, as vendor, and The Corporation of
the Town of Pickering, as purchaser, to implement the acquisition and sale of the lands referred
to in sections 1 and 2.
3. The Town Solicitor is hereby authorized to execute all other documentation required to effect the
acquisition and sale in substantial accordance with the Offer to Sell and this By-law.
BY-LAW read a first, second and third time and finally passed this 21st day of June, 1994.
TOWN Oie --
P/CKERIN~
API~J~y~r~ ~((uce Taylor, Clerk
LEGAL DEPT.
OFFER TO SELL
TO: THE CORPORATION OF THE TOWN OF PICKERING (the "Purchaser")
C.K. Service Station Limited (the "Vendor") hereby agrees to and with Purchaser to sell the lands legally
described as Part of Lot 27, Range 3, Broken Front Concession, Town of Picketing, Regional Municipality
of Durham, shown as Part 1 on the sketch attached to this Agreement as Schedule "A", containing
approximately 158.31 square metres (1704.12 square feet) at the price of Two Dollars ($2.00) and to pay
to Picketing the sum of Five Thousand Dollars ($5,000.00) by cash or certified cheque in consideration of
the Purchaser conveying to the Vendor the lands legally described as Part of Lot 27, Range 3 Broken Front
Concession, Town of Picketing, Regional Municipality of Durham, shown as Part 4 on Schedule "A",
containing approximately 660.36 square metres (7108.30 square feet), subject to the following terms and
conditions:
1. The Vendor acknowledges that the conveyance by the Purchaser of Part 4 on Schedule "A" on the
terms and conditions herein contained represents the full compensation to which the Vendor may be
entitled under any statute of the Province of Ontario in reference to the reconstruction, diversion
and/or widening of Fairport Road as well as the installation of underground services on Fairport Road,
including compensation for damages attn'outable to disturbance and damages for injurious affection.
2. The Purchaser shall pay reasonable fees for legal sereices required by the Vendor to complete this
transaction.
3. The title is free from all encumbrances. The Purchaser shall be allowed ~mtil closing to investigate the
title at its own expense and if within that time it shall furniqh the Vendor in writing with any valid
objection to the title which the Vendor shall be unable or unwilling to remove, and which the Purchaser
will not waive, this Agreement shall be null and void.
4. THIS Offer shall be accepted by the Purchaser w~'hln fifteen (15) days of the date hereof, otherwise
thi~ Offer becomes null and void., This sale shall be completed on or before July 15, 1994.
5. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all
respects shall be of the essence, provided that the time for doing, or completing, of any matter provided
herein may be extended or abridged by an agreement in writing, executed by the Purchaser and the
Vendor or their respective solicitors who are specifically hereby authorized in that regard. It is agreed
that there is no representation, warranty, collateral agreement or condition affecting thi~ Agreement or
the real property or supported hereby other than as expressed herein in writing.
Upon acceptance of this Offer by the Purchaser, the Purchaser, its servants and agents, shall have the fight
to enter the property being conveyed by this Agreement for the purpose of the reconstruction, diversion
and/or wideaing of Fairport Road as well as the installation of underground services of Fairport Road.
This Offer may be accepted by delivering to the Vendor a copy executed by the Purchaser or by mailing
same postage prepaid addressed to the Vendor at:
C.K. Service Station Limited, c/o Gus Kokkatas, 126 Island Road, Scarborough, Ontario M IC 2P8.
Dated at Scarborough, this ~" day of June, 1994.
C. I~L SERVICE STATION LIMITED
Per:
I have authority to bind the company.
THE CORPORATION OF THE TOWN OF PICKERING
hereby accepts thig Offer.
Dated at Picketing, this day of June, 1994.
Per:
Wayne Arthurs, Mayor.
Brace Taylor, Clerk.
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