HomeMy WebLinkAbout By-law 1759/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1759/83
Being a by-law to authorize the execution of an
offer to purchase part Lots 27 and 28, Plan 12,
Picketing (Claremont Library)
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the council of a municipal corporation may pass by-laws for
acquiring land required for the purposes of the corporation; and
WHEREAS The Corporation of the Town of Pickering requires certain lands in Lots 27
and 28, Plan 12, Picketing, for the purposes relating to the operation of a public
library;
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 Offer to Pur-
chase/Agreement of Purchase and Sale, in the form attached hereto as Schedule
"A", between The Corporation of the Town of Picketing, as purchaser, and
Karsten Smith, as vendor, for the acquisition of the lands described therein for
the purchase price of $15,150.00, subject to adjustments for taxes.
BY-LAW read a first, second and third time and finally passed this 28th day of
November , 198
Mayor
Clerk
SCHEDULE "A"
OFFER TO PURCHASE/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 KARSTEN
SMITH, In Trust, (hereinafter referred to as the "Vendor), through no agent, to
purchase and the Vendor agrees to and with the Purchaser to sell all and singular
the lands situate in the Town of Pickering, in the Regional Municipality of Durham
being composed of those lands more particularly described in Schedule "A" hereto,
consisting of approximately 1,300 square metres, (herein referred to as the "real
property") upon the following terms and conditions:
The purchase price for the real property shall be the sum of $15,150.00 payable
as follows:
(a)
$1,150 to the Vendor as a deposit to be held by the Vendor
pending acceptance of this offer and the completion or other
termination of the agreement arising here from, and upon com-
pletion to be credited on account of purchase price; and
(b) $14,000 to the Vendor on closing, subject to adjustments for
taxes.
2. The date for the closing of the sale herein shall be on or before December
28th, 1983.
3. (1) This conveyance shall be subject to the conditions that:
(a)
prior to closing, the Vendor shall at his expense demolish
or remove all buildings on the real property leaving the
real property in a neat and clean condition; and
(b)
prior to closing, the Vendor shall, at his expense, obtain
and register a reference plan survey of the real proper-
ty, such plan to be subject to the Purchaser's approval
which approval shall not be unreasonably or arbitrarily
withheld,
provided the Purchaser may waive either or both of the above conditions.
(2)
If the Purchaser elects not to complete the purchase by reason of the
non-fulfilment of either of the above conditions, and so notifies the
Vendor prior to closing, the Vendor shall refund the deposit forthwith
without interest, and neither the Vendor nor the Purchaser shall be liable
to the other for any loss, costs, damages, compensation or expenses; if
the Purchaser does not so notify the Vendor, the Vendor shall be entitled
to assume that both conditions have either been fulfilled or waived.
Provided the title is good and free from all encumbrances except minor ease-
ments for hydro, gas, telephone or like services to the real property, such
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, or survey, other than those in the Vendor's possession or
under its control or as herein provided; 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, provided same have been complied with.
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 objection 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 and the
Vendor shall not be liable for any costs or damages. Save as to any va/id
objection so made within such time, the Purchaser shall be conclusively deemed
to have accepted the title of the Vendor to the lands.
(1) Any notice herein provided for or permitted or required to be given
hereunder, if given by the Vendor to the Purchaser, shall be sufficiently
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given if mailed in one of Her Majesty's Post Offices by registered mail
addressed to the Purchaser at:
1710 Kingston Road
Picketing, Ontario L1V lC7
Attention: Town Solicitor
and if given by the Purchaser to the Vendor shall be sufficiently given if
mailed as aforesaid addressed to the Vendor as follows:
10.
11.
12.
13.
14.
(z)
Any notice mailed as aforesaid, shall be conclusively deemed to have been
given on the third business day following the date of mailing.
The deed or transfer shall be prepared at the expense of the Vendor on a form
acceptable to the Purchaser.
This Agreement shall constitute a binding contract of purchase and sale, and
time in all respects shall be of the essence of this Agreement.
It is agreed that there is no representation, warranty,
condition affecting this Agreement or the real property
other than as expressed herein in writing.
collateral agreement or
or supported hereby,
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 certified cheque be tendered instead of cash.
The Purchaser shall pay the costs of registration of the deed or transfer and
any land transfer taxes relating thereto.
Time shall be of the essence of this Agreement.
This Agreement shall be open for execution by the Purchaser and
the Vendor until 12:00 noon on the 30th day of November, 1983,
time, if not executed and delivered, it shall be null and void.
delivery to
after which
This agreement to be read with all changes of gender or number required by
the context.
IN WITNESS WHEREOF the Purchaser has hereunto affixed its corporate seal, attested
by the hands of its duly authorized officers, this 28th day of November, 1983.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
IN WITNESS WHEREOF the Vendor
day of November, 1983.
in the presence of
has hereunto affixed his hand and seal this
witness KARSTEN SMITH, in trust
SCHEDULE "A"
All and singular that certain parcel or tract of lands and premises situate, lying and
being in the Town of Picketing in the Regional Municipality of Durham and Province
of Ontario and being composed of parts of Lots 27, and 28, Plan 12, more particularly
described as follows:
COMMENCING at the south-east angle of Lot 27, Plan 12;
THENCE S70°38'15"W along the southerly boundary of Lot 27, 2.7_+ metres;
THENCE northerly parallel to the easterly boundary of Lot 27, 60.7_+ metres;
THENCE N17°32'20"E, 2.7+ metres;
THENCE NTlO41~20"E, 19.4.+ metres;
THENCE S17°18'25"E, 60.3.+ metres to a point in the southerly boundary of Lot 28
distant 20.117 metres from the south-east angle of Lot 27;
THENCE S71°38'15"W along the southerly boundary of Lot 28, 10.973 metres;
THENCE N16o53'40"W, 9.266 metres;
THENCE S71°38'15"W, 9.144 metres;
THENCE S16°53~40nE, 9.266 metres to the point of commencement.