HomeMy WebLinkAboutBy-law 3244/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3244/89
Being a by-law to authorize the execution of an
Agreement of Purchase and Sale between the
Ministry of Government Services (Ontario Land
Corporation) and The Corporation of the Town of
Picketing respecting the purchase by the Town of
Part Lot 31, Concession 4, Picketing (Part 4,
Plan 40R-2225).
WHEREAS Ontario Land Corporation owns that part of Lot 31, Concession 4, Picker-
ing, designated as Part 4, Plan 40R-2225 which the Town wishes to acquire pursuant
to Section 193 of the Municipal Act, R.S.O. 1980, chapter 302, for the purposes of
providing a parkette adjacent to and enhancing the Whitevale Branch of the Town of
Picketing Public Library.
NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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 Her
Majesty the Queen in right of Ontario as represented by the Minister of Gov-
ernment Services (on behalf of Ontario Land Corporation) and the Corporation
of the Town of Picketing, whereby the Town will purchase from Ontario Land
Corporation that part of Lot 31, Concession 4, Picketing, designated as Part 4,
Plan 40R-2225, for the sum of $38,500.
second and third time and finally passed this ~ day of Au-
BY-LAW
read
a
first,
gust, 1989.
Wayne Ar~2~urs, Mayor
TOWN CF
PICKER~;';G
A?F
LEGAL DEP~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3244/89
Being a by-law to authorize the execution of an
Agreement of Purchase and Sale between the
Ministry of Government Services (Ontario Land
Corporation) and The Corporation of the Town of
Picketing respecting the purchase by the Town of
Part Lot 31, Concession 4, Pickering (Part 4,
Plan 40R-2225).
WHEREAS Ontario Land Corporation owns that part of Lot 31, Concession 4, Picker-
ing, designated as Part 4, Plan 40R-2225 which the Town wishes to acquire pursuant
to Section 193 of the Municipal Act, R.S.O. 1980, chapter 302, for the purposes of
providing a parkette adjacent to and enhancing the Whitevale Branch of the Town of
Pickering Public Library.
NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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 Her
Majesty the Queen in right of Ontario as represented by the Minister of Gov-
ernment Services (on behalf of Ontario Land Corporation) and the Corporation
of the Town of Picketing, whereby the Town will purchase from Ontario Land
Corporation that part of Lot 31, Concession 4, Pickering, designated as Part 4,
Plan 40R-2225, for the sum of $38,500.
BY-LAW read a first, second and third time and finally passed this 8.~ day of Au-
gust, 1989.
Wayne Ar..yhurs, Mayor
TOWN OF
PICKER~NG
A?PFiOVED
LEGAL D E P~"~'
88-01-21 Landbank
Land
SCHEDULE A A - 375
Picketing
89-06-06
AGREEMENT OF PURCHASE AND SALE
BETWEEN:
HER MAJESTY THE QUEEN in right
of Ontario as represented by the
MINISTER OF GOVERNMENT SERVICES
(hereinafter called "M.G.S,")
and
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Purchaser")
Under this Agreement M.G.S. shall sell and the Purchaser shall buy
the land, hereinafter referred to as the "Land", more particularly
described as follows:
Approximately 0.287 acres being part of Lot 31, Concession 4, in
the Geographic Township of Pickering, now in the Town of
Pickering, in the Regional Municipality of Durham and designated
as Part 4 on a Reference Plan of Survey deposited in the Land
Registry Office of the Land Registry Division of Durham as Plan
40R-2225.
DATE OF CLOSING ~
1. Closing shall take place on the 14th day of ~, 1989.
PAYMENT OF PURCHASE PRICE
2. The Purchaser shall pay to M.G,S. the sum of THIRTY-EIGHT
THOUSAND FIVE HUNDRED DOLLARS ($38,500.00) in lawful money of
Canada, as the purchase price for the Land, made payable to the
Treasurer of Ontario, as follows:
(a) FIVE THOUSAND DOLLARS ($5,000.00) by cheque or bank draft
as a deposit upon the submission of this Agreement to
M.G.S. to be credited to the purchase price on the Date of
Closing, and
(b) the balance of the purchase price, subject to the usual
adjustments, by certified cheque or bank draft, on the Date
of Closing.
INSPECTION AND CONDITION
3. The Purchaser acknowledges having inspected the Land prior to
exe.cuting and submitting this Agreement to M.G.S.
4. The Purchaser agrees to purchase the Land in its current
condition and agrees that M.G.S. shall not be obliged to perform
any work in respect of the Land in order to bring the Land or
any part of the Land into compliance with any standards in
respect of building, plumbing, heating, electrical wiring and
accessories, safety, health, weed control or any other matter
whatsoever. The Purchaser also agrees not to make any claim
against M.G.S. in respect of any of the work that may be
required.
VACANT POSSESSION
5. The Purchaser shall have vacant possession of the Land on the
Date of Closing.
SEVERANCE
6. This Agreement is to be effective only if the pri~visions of
Section 49 of the Planning Act, 1983 and all amendments thereto
are complied with. The Parties acknowledge that the Purchaser
is exempt under clause 49(3)(c) from compliance with Section 49
of the Planning Act, 1983 and agree therefore that no consent
will be obtained for the conveyance and transfer of the Land.
TITLE
7. The Purchaser shall accept title subject to:
{a) all easements existing at the date of acceptance of this
Agreement; and
(b) other agreements and restrictions on title to the extent
that they have been complied with.
INVESTIGATION OF TITLE
8. {a) The Purchaser shall have lO days from the date of
acceptance by M.G.S. of this Agreement to investigate title
at the Purchaser's expense and if within that time the
Purchaser furnishes M.G.S. in writing with any valid
objection to title which M.G.S. is unwilling or unable to
correct, this Agreement shall be terminated notwithstanding
any intermediate acts or negotiations with respect to such
objection and the deposit money shall be returned to the
Purchaser without interest and M.G.S. shall not be liable
for any costs or damages.
The Purchaser agrees not to call for the production of any
title deed, abstract, survey or other evidence of title to
the Land except such as are in the possession or control of
M.G .S.
The title to the Land is held by Ontario Land Corporation.
On the Date of Closing M.G.S. agrees to provide and the
Purchaser agrees to accept a Transfer/Deed of Land, of the
Land from Ontario Land Corporation to the Purchaser,
subject to Section 9(b) of this Agreement.
ASSIGNMENT OR REGISTRATION
g. {a) The Purchaser shall not assign or register this Agreement
or any assignment of this Agreement or any part of either
or register a Caution in relation thereto without first
obtaining the consent of M.G.S. in writing, which consent
M.G.S. may arbitrarily withhold.
(b) The parties acknowledge that the Purchaser is acquiring the
Land described as Part 4 on Plan 40R-2225 under this
Agreement on behalf of The Town of Picketing Public Library
Board --~ ~L_ ~ .... ~ .... ~A--A~,, ~.^~*~ ~ C S t-- ~A': .....
f:r M C S to
PREPARATION OF DOCUMENTS
10. The Transfe~Deed of Land will be prepared by M.G.S. except the
A~idavit of Residence and the Value of the Consideration, and
each party shall pay its own legal and registration costs.
GENERAL
11. The Purchaser warrants that the Purchaser is not a non-resident
of Canada pursuant to the Land Transfer Tax Act (Ontario).
12. Time shall be of the essence.
13. Any tender of documents or money hereunder may be made upon
M.G.S. or the Purchaser or their respective solicitors on the
Date of Closing.
14. Any covenants of this A?eement not completed on or before the
Date of Closing shall survive the closing.
15. Signature of this Agreement by the Purchaser and submission
thereof to M.G.S. constitutes an offer under seal which is
irrevocable until midnight on the 1Otb day of~x~-)~, lgsg.
This Agreement when accepted shall constitute a binding contract
of Purchase and Sale.
16. This Agreement constitutes the entire agreement between the
parties and there is no representation, warranty, collateral
agreement or condition affecting this Agreement or the Land
other than exp:ressed herein.
17. Whenever the singular is used in this Agreement it shall mean
and include the plural and whenever the masculine gender is used
in this Agreement it shall mean and include the feminine gender
if the context so requires.