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Home My WebLink AboutBy-law 3545/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3545/90 Being a by-law to authorize the execut(on of an Offer to Sell and Transfer to the Regional Munictp. ality of Durham of Part Lot 10, Plan M-917, Pickenng (Part I, Plan 40R-12660). WHERE.A,S Th.e Co~oration of the Town of Pickeriag is the owner of that part of Lot 10, Plan M-91.7, P~.c. kermg, designated as Part 1, Plan 40R-12660 and wishes to sell same to the Regional Mumcipal~ty of Durham for a sanitary sewage pumping station and related appurtenances, pursuant to subsection 193(1) of the Municipal Act, R.S.O. 1980, chapter 302; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. That part o.f Lot 10, Plan Mo917, Pickering, designated as Part 1, Plan 40R712660, is no longer required for the purposes of The Corporation of the Town of Pickenng and shall be offered for sale for the price of $2.00 .to the Regional Muni. cipality of Durham for the purpose of erecting thereon a samtary sewage pumping station and related appurtenances. 2. The Mayor and Clerk are hereby authorized to execute, (a) an Offer to Sell, in the form attached hereto as Schedule A, and (b) a Transfer, ia the form attached hereto as Schedule B, in order to effect the sale referred to in section 1. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Bru(e Taylor, Clerk/ >tcKERtNG. APPROVED LEGAL D£PT: SCHEDULE A OFFER TO SELL THE CORPO.R~. T~..ON OF THE TOWN OF PICKERING as Vendor hereby agrees with the Regional Mun. icipality of Durham as Purchaser, to sell all that portion of Lot 10, Plan M-917, Picketing, designated as Part 1, Plan 40R-1.2660 at th.e price of Two Dollars ($2:00) payable on closing, which sun~. includes all. cq. mpensatlon to which the Vendor may be entatled .under .any statute of the Province of Ontario m reference to the construction of the se.wa, ge pumping stataon and the diesel generator building, including compensation for severance, injurious affection or otherwise arising howsoever. The Purchaser shall be allowed until closin~ to investigate the title at its own expense and if within that time it shall furnish the Vendor m writing with any valid objection to the titl.e which the Vendor shall be unable or unwilling to remove, and which Purchaser shall not waave, th~s agreement shall be null and void. Adjustments shall be proportioned and allowed to the date of completion of sale. This offer to be accepted by the Purchaser before 4:30 p.m. local time on October 19, 1990, otherwise this offer becomes null and void; and the sale to be complet.ed on or before October 30, 1990 on which date vacant possession of the said premises is to be g~ven to the Purch.aser.. This Offer, when accepted, shall constitute a binding contract of purchase and sale and t~me m all respects shall be the essence of this Agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this 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 by its s. ervants and agents shall have the right at its sole risk andexpense to enter upon the prope .rty intended to be conveyed hereby for the purpose of constructing a sewage pumping station and d~esel generator building. This offer may be accepted by a letter delivered to the Vendor or its Solicitor, or mailed postage prepaid addressed to the Vendor or its Solicitor at Picketing Civic Centre, One The Esplanade, Pickering, Ontario, L1V 6K7. DATED September 17, 1990 at Pickering, Ontario. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk DATED ,1990 at Whitby, Ontario. SIGNED, SEALED & DELIVERED THE REGIONAL MUNICIPALITY OF DURHAM Chairman Clerk THE CORPORATION OF THE TOWN OF PICKERING DY-LAW NO, 3545/9{) Being a by-law to authorize the execution of an Offer to Sell and Transfer to the Regional Municipality of Durham of Pan Lot 10, Plan M-917, Pickering (Pan 1, Plan 40R-12660). WHEREAS The Corporation of the Town of Picketing is the owner of that part of Lot 10, Plan M-917, Picketing, designated as Part 1, Plan 40R-12660 and wishes to sell same to the Regional Municipality of Durham for a sanitary sewage pumping station and related appurtenances, pursuant to subsection 193(1) of the Municipal Act, R.S.O. 1980, chapter 302; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. That part of Lot 10, Plan M-917, Picketing, designated as Part 1, Plan 40R-12660, is no longer required for the purposes of The Corporation of the Town of Pickering and shall be offered for sale for the price of $2.00 to the Regional Municipality of Durham for the purpose of erecting thereon a sanitary sewage pumping station and related appurtenances. 2. The Mayor and Clerk are hereby authorized to execute, (a) an Offer to Sell, in the form attached hereto as Schedule A, and (b) a Transfer, in the form attached hereto as Schedule B, in order to effect the sale referred to in section 1. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Wayne Krth~,'Mayor TOWN CF ~ICKERtNG APPROVED ~LE~L DEPT~ SCHEDULE A OFFER TO SELL THE CORPO.R~. T~.ON OF THE TOWN OF PICKERING as Vendor hereby agrees with the Regional Municipality of Durham as Purchaser, to sell all that portion of Lot 10, Plan M-917, Pickering, d. esignate.d as Part 1, Plan 40R-12660 at the price of Two Dollars ($2:00) payable on closing, whach sum. includes all compensation to which the Vendor may be entatled under any statute of the Province of Ontario in reference to the construction of the sewage pumping s. tation and the diesel generator building, including compensation for severance, injurious affectaon or otherwise arising howsoever. The Purchaser s.hall be allowed until closin~ to investigate the title at its own expense and if within that time at shall furnish the .V. endor in writing wath any valid objection to the title which the Vendor shall be unable or unualling to remove, and which Purchaser shall not waive, this agreement shall be null and void. Adjustments shall be proportioned and allowed to the date of completion of sale. This offer to be accepted by the Purchaser before 4:30 p.m. local time on October 19, 1990, otherwise this offer becomes null and void; and the sale .to be completed on or before October 30, 1990 on which date vacant possession of the said prenuses is to be given to the Purchaser.. This Offer, when accepted, shallconstitute a binding contract of purchase and sale and time m all respects shall be the essence of this Al~reement. I.t is agreed that there is no representation, warranty, collateral agreement or cono~tion af.fect~ng thas agreement or the real property or supported hereby other than as expressed herein m writing. UPON acceptance of this offer by the Purchaser, the Purchaser by its servants and agents shall have the right at its sole risk andexpense to enter upon the property intended to be conveyed hereby for the purpose of constructing a sewage pumping station and diesel generator building. This offer may be accepted by a letter delivered to the Vendor or its Solicitor, or mailed postage prepaid addressed to the Vendor or its Solicitor at Picketing Civic Centre, One The Esplanade, Pickering, Ontario, L1V 6K7. DATED September 17, 1990 at Picketing, Ontario. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk DATED ,1990 at Whitby, Ontario. SIGNED, SEALED & DELIVERED THE REGIONAL MUNICIPALITY OF DURHAM Chairman Clerk SCHEDULE B ........ o, Transfer/Deed of Land Fo~ I -- Land Reglslratlon Refon~ Act, 1984 ~(1) Registry [] Land Titles [] T(2) Page 1 of pages (3) Property Block Property Identllta~a) Adciitio ~1: see [- (4) Consideration Two Do,ars $ 2.00 (5) Description This is a: Property Proper~y Division [] Consolidation [] Part of ?arcel 104, Section M-917, ?ickcfing being that part of [.~t 10, also know~ as Bay~ew Avenue, Plan M-gl? designated as })art 1, })]an 40R-12660, subject to a right- New Propertyidentifiers of-way, in. over. along and upon thc lot in favour of the see owner or owners from time to time of Lots 21 to 38. both inclusive. Plan M-90 and Lots 4. 5. 5A and 6. Plan M-917 A0d~,om Town of Pickering s~,~s~' [] Regional Municipality of Durham [6) This ia) Redescription ' (b) Schedule for: (7) Interast/Estate Transferred Document New Easement : Additional Fee Simple Contains Plan/Sketch [] ,= Description [] Parties [~ Other [] Date of Signature ............................................................................... Y M D Name(s) Signature(s) , .THE CORPORATION OF THE TOWN ................................................ .i' · · !' · Wayne Arthurs, Mayor OF PICKERING ,: : Bruce Taylor. Clerk. ~0~ Transte~or~s} add~as~ Picketing Civic Complex, One The Esplanade, Pickering, Ontario L1V 6K7 THE REGIONAL MUNICIPALITY OF DURHAM (12) Transferee(s) Address fo~ s~ 605 Rossland Road East. Whitby. Ontario L1N 6A3 S*g re ........................... (14) So#cite* for Tranltaree(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 49 (21a (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor s and am an Ontario solicitor in good standing. Name and Date of Signature Address of Y M D Solicitor ': Signature .................................... =... (15) Aseesement Roll Number Cty. i Mun. i Map ' Sub Par. Fees and Tax et Property : [ ' t Registration Fee (17) Oocuma~t Prepared by: C.M. Timothy Sheffield Land Transfer Tax Town Solicitor One The Esplanade Picketing, Ontario L1V 6K7 Total 10173 (12/54)