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HomeMy WebLinkAboutBy-law 2181/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2181 /86 Being a by-law to authorize the execution of an agreement of purchase and sale and consequent deed of land respecting part of Lot 34, Range 3, Broken Front Concession, Picketing (Travis). WHEREAS The Corporation of the Town of P{ckering is the owner of certain lands in Lot 34, Range 3, Broken Front Concession, Pickering; and WHEREAS, pursuant to the provision of the section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Gorporation of the Town of Pickering wishes to dispose of those lands, those lands no longer being required for municipal purposes; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement of pur- chase and sale, in the form attached hereto as Schedule A, respecting a parcel of land of approximately 41 square metres in Lot 34, Range 3, Broken Front Concession, Picketing. The Mayor and Clerk are hereby further authorized to execute a deed of land in Form 1 under the Land Registration Act, 1984, S.O. 1984, chapter 32, for the conveyance of the ]and referred to in section 1 above, in accordance with the terms and conditions of the agreement attached hereto as Schedule A. BY-LAW read a first, second and third time and finally passed this 7 th day of April, 1986. E. Ander' , Mayor Bruce Taylor/. C~& THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2181 /86 Being a by-law to authorize the execution of an agreement of purchase and sale and consequent deed of land respecting part of Lot 34, Range 3, Broken Front Concession, Picketing Travis). WHEREAS The Corporation of the Town of Pickering ~s the owner of certain lands in Lot 34, Range 3, Broken Front Concession, Pickering; and WHEREAS, pursuant to the provision of the section 193(1) of the Municipal Act, R.S.O. ]980, chapter 302, the Council of The Corporation of the Town of Pickering wishes to dispose of those lands, those lands no longer being required for municipal purposes; NOW TItEREFORE, 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 pur- chase and sale, in the form attached hereto as Schedule A, respecting a parcel of land of approximately 41 square metres in Lot 34, Range 3, Broken Front Concession, Pickering. The Mayor and Clerk are hereby further authorized to execute a deed of land in Form 1 under the Land Registration Act, 1984, S.O. 1984, chapter 32, for the conveyance of the land referred to in section 1 above, in accordance with the terms and conditions of the agreement attached hereto as Schedule A. BY-LAW read a first, second and third time and finally passed this 7 th day of April, 1986. TOWN OF PICKERiNG APPROVED LEGAL DEPT.  n E. Anc~er's'd~, Mayor Bruce Taylor ,~ C~'k "SCHEDULE A" OFFER TO PURCIIASE I, JOHN E. TRAVIS (herein called the "Purchaser"), having inspected the real property hereby agrees to and with THE CORPORATION OF THE TOWN OF PICKERING (herein called the "Vendor"), to purchase all and singular certain premises situate at the north-west corner of Lot 21, Plan 40M-1342, Picketing and comprising about 41 square metres of Lot 34, Range 3, Broken Front Concession, Picketing as illustrated on the sketch attached (herein called the "real property") at a price to be calculated at the rate of NINETY-FOUR THOUSAND, SEVEN HUNDRED, SIXTY EIGHT DOLLARS ($94,768) per hectare ($38,350 per acre) based upon a surveyor's statement of the area of the real property, payable FIFTY DOLLARS ($50.00) as a deposit to be held pending completion or other termination of this Agreement, and to be credited on account of purchase money on closing, and the balance of the price, subject to the usual adjustments, on closing. The Vendor agrees to discharge all liens or encumbrances registered against the rea] property. The Purchaser shall take title in the manner in which he, or he and other(s), hold title to Lot 21, Plan 40M-1342, Picketing. This Offer shall be irrevocable by the Purchaser until 5:00 p.m., E.D.T. on March 25, 1986 after which time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without interest or deduction. The title shall be examined by the Purchaser at his own expense, and the Purchaser shall not call for the production of any title deed, abstract of title, survey, proof or evidence of title, other than those in Vendor's possession or under its control; the Purchaser shall accept the real property subject to municipal requirements, including building and zoning by-laws. The Purchaser shall be allowed 30 days from date of acceptance hereof by the Vendor to investigate the title at his expense, and if within that time he shall furnish the Vendor in writing with any valid obiection to the title 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 de- duction, and the Vendor shall not be liable for any costs or damages. Save as to any valid obiection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. This transaction shall be closed on April 18, 1986 on which date vacant possession of the real property shall be given to the Purchaser. Taxes shall be proportioned and allowed to the date of closing of the transaction. A reference plan shall be obtained by the Vendor, at the Purchaser's expense, to identify the real property and the remainder of the Town's lands as separate parts. 2 The Deed shall be prepared by the Vendor at its expense on a form acceptable to the Purchaser. The affidavit required under The Land Transfer Tax Act shall be prepared by the Vendor at his expense. This Offer, when accepted, shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement. 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. 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. Each party shall pay the costs of registration and taxes on his own documents. This Offer and its acceptance to be read with all changes of gender or number required by the context. DATED at Picketing March , 1986 IN WITNESS WltEREOF the Purchaser has hereunto set his hand and seal. SIGNED SEALED AND DELIVERED In ~he presence of: John E. Travis THE CORPORATION OF THE TOWN OF PICKERING hereby accepts the above offer and its terms, and covenants, promises and agrees to and with the above-named Purchaser to duly carry out the same on the terms and conditions above mentioned. DATED at Picketing March 25, 1986. IN WITNESS WHEREOF its corporate seal has been affixed, duly attested by its au- thorized officers. SIGNED, SEALED AND DELIVERED I hereby acknowledge receipt of signed copy of this accepted Agreement of Purchase and Sale. I hereby acknowledge receipt of signed copy of this accepted Agreement of Purchase and Sale. 3'ohn E. Travis THE CORPORATION OF THE TOWN OF PICKERING, by its Solicitor Date: March , 1986 Purchaser's Solicitor Name Address Telephone C. M. Timothy Sheffield Date: March 25, 1986 Town of Picketing 1710 Kingston Road Picketing, Ontario L1V 1C7 (416) 683-2760