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Home My WebLink AboutBy-law 1475/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1475 /82 Being a By-Law to authorize the execution of a Deed between the Corporation of the Town of Pickering and C. E. Carter and A. N. Carter respecting Part Lots 2 and 3, Plan 283, Pickering (Part 5, Plan 40R-2238) WHEREAS, by Instrument No. D4843, dated April 5th, 1975 and registered April llth, 1975, the Corporation of the Town of Pickering acquired, inter alia, that part of Lots 2 and 3, Plan 283, Pickering, designated as Part 5, Plan 40R-2238, for future road widening purposes; and WHEREAS, as a result of the adoption of the Fairport Community Plan - Rosebank Neighbourhood and the Fairport Community - Rosebank Neigh- bourhood - Development Plan, it is apparent that the future needs of the area will not require the use of the subject lands as a road widening; and WHEREAS, pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the council of every corporation may sell any land required for the purposes of the corporation when no longer so required; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Deed in the form attached hereto as Schedule "A" between the Corporation of the Town of Pickering and Clyde Evans Carter and Amy Novena Carter respecting the conveyance to those persons of those parts of Lots 2 and 3, Plan 283, Pickering, designated as Part 5, Plan 40R-2238 (Rosebank Road South). BY-LAW read a first, second and third time and finally passed this 19th day of April , 1982. Schedule "A" to B~;-law 1475/82 made (in duplicate) the 19th one thousand nine hundred and eighty-two In i~lurmmnrr .f i~l~c ~l~r! ~rnt~ ~f {Lmmrtja.rr~ Art. tt ttn day of April THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantor" OF THE FIRST PART, and - CLYDE EVANS CARPER, Esquire, and AMY NOVENA CARTER, his wife, both of the Town of Pickering, in the Regional Municipality of Durham, as joint tenants and not as tenants in common hereinafter called the "Grantees" OF THE SECOND PART. ~J~tttl'll:~SlItlJ that in consideration of the sum of TWO .......... ...... ( $ 2. 00) ............ Dollars of la~ul money of Canada, now paid by the said Grantees t0 the said Grantor , the receipt whereof is hereby by it acknowledged, the said Grantor ~es ~rant unto said Grantee s in fee simple, as joint tenants and not as tenants in co~on All attb ~in9ular th at certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Reqional Municipality of Durham and Province of Ontario, being com- posed of that part of Lots 2 and 3, according to a Plan filed in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan 283, designated as Part 5 on a plan of survey of record deposited in the said Office as Plan 40R-2238. and for them ~uh~t ~rurrtlFl~ as joint tenants and not as tenants in cor::~on unto the said Grantees,/ their heirs and assigns to and their sole and only use forever. to the reservations, limitations, provisos and conditions expressed in the original grant thereof from the Cro~-n. ~l~e said Grantor ~,ur,au~s with the said Grantees ~lla! k~it ha s the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor. Auh that the said Grantees shall have quiet possession of the said lands, free from all incumbrances. Aub the said Grantor (~m,~mn% with the said Grantees that ]]Z~it will execute such further assurances of the said lands as may be requisite, i~,nh the said Grantor (~m,r,a,~s with the said Grantee s that ~it has done no act to incumber the said lands. A,uh the said Grantor ~l~Ica~s to the said Grantees Al! its claims upon the said lands. Grantor has hereunto affixed its ~ ~[t~g~ ~r~o[ the ~fk'~I~L~Ykh~X~V~K~,~h~Xg~ corporate seal duly attested by its proper authorized officers. ~io,rh.~ralrha,h ~rli,rrrh THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk IN THE MATTER of the PLANNING ACT (as amended) AND IN THE MATTER of the TITLE TO Part Lots 2 and 3, Plan 283, Pickering (Part 5, Plan 40R-2238) AND IN THE MATTER OF A Deed THEREOF, FROM The Corporation of the Town of TO Clyde Evans Carter and Amy Novena Carter DATED April 19th, 1982 Pickering I, C. M. Timothy Sheffield 0f the Town of Municipality of Durham MAKE OATH AND SAY AS FOLLOWS: Pickering in the Regional 1. I am the Solicitor for the Grantor named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. Delete if not applicable 2. The said Instrument, and the conveyance or other dealing with land affected thereby, do not contravene the provisions of The Planning Act, as amended, because ~b~e~--/-hr ~rmd ~ffecter/-br3~re- The land is being disposed of by a municipality SWORN before me at the Town of Pickering in the Regional Municipality of Durham this 20th day of April 19 82 Co M. Timothy Sheffield ~o,,, L0~, Lend Transfer Tax Act on reverse side AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) ...................................... ...... ?ar.t~. LoY-.s .2. e~qd. 3.,..P[an .283.,..Picker±ncj. (?a3:t .5.,..Plan .40R=2238.) ............. BY (print names of all transferora in full) .................................................................. ...... Thc..¢orp.o. rati.on, o£..the..Toxin..c~f. ?±ckering ....................................... TO (aee instruction ! and print names of all transfereea in fullJ ................................................... ...... cly.cle, Ev~s. Carter..a~d. JLmy. ~ovena .Car.tar ....................................... I, (see instruction 2 and prlnt name(a) in full) ............................................................... MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) ~1 (a) A person in trust for whom the land conveyed in the above - described conveyance is being conveyed; [] (b) A trustee named in the above - described conveyance to whom the land is being conveyed; [] (c) A transferee named in the above - described conveyance; ~] (d) The authorized agent or solicitor acting in this transaction for ........................................... (insert n~me($) of principal(s)) described in paragraph(s) (a), (b), (c) above; (strike out referencea to inapplicable paragraphs) [] (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for ..................... (insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above. (strike out references to inapplicable paragraphs) [] (f) A transferee described in paragraph ( ) (insert on/y one of paragraph (a), (bJ or (c) above, asapp/icab/e) and am making this affidavit on my own behalf and on behalf of .................................................... (insert name of spouse) who is my spouse described in paragraph ( ). (insert only one of paragraph (a), (b) or (c) above, aa applicable) and as such, I have personal knowledge of the facts herein deposed to. I have read and considered the definitions of "nomresident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (g) of the Act. (see instruction3) The following persons to whom or in trust for whom the land conveyed in the above-described conveyance is being conveyed are non- resident persons within the meaning of the Act. (aee/natruct/on 4) .............................................. 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash ........ .................. (b) Mortgages (i) Assumed (ahow principal and interest to be credited against purchase price) ................................. (ii)Given back to vendor ......................... (c) Property transferred in exchange [detailbelow) ................. (d) Securities transferred to the value of (detailbelow) .............. .Nil... .Nil... .Nil. · · (e) Liens, legacies, annuities and maintenance charges to which transfer is subject .................................... $ . . .~-~-... (f) Other valuable consideration subject to land transfer tax (detail below) ....................................... $ (9~ VALUE OF LAND, BUiLDiNG, FIXTURES AND GOODWILL SUBJECT TOLANDTRANSFERTAX(totalof[a) to(f)) ................ .$ ..~'.0~... $ ..~..0.~.. (h) VALUE QF ALL CHATTELS- items of tangible personal property (Retail Sales Tax is payable on the value of all chattels unless exempt under the provisions of the Retail Sales Tax Act, R, S.O. 1380, C. 4~4, as amended) ................................... $ . . ~ ~ ~ . . (i) Other consideration for transaction not included in (g) or (h) above... $ ~i] (j) TOTAL CONSIDERATION ............................. $ If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 5) (a) , ~9. ~.e~-a~J~gnship. ~twe~.n .,~?~q~ferQ~'. ~.nc~ tr.a. nsfe.ree ................... . . .(b).. re.qQn¥~an~..Df..f, utur~ .roa.d .wid.eninq..no. longer..required ................. If the consideration is nominal, is the land subject to any encumbrance? . NO Other remarks and expIanations, if necessary ........................................................... . - Land. obtained, by..muni.cipal.i~y..i.n · 19.7.5 . for- · $2, .00 · conside.~atio-n ............. SWORN before me at the in the ~,~ this day of r / A Commissioner for taking Affidavits. etc. .) ......... is;g;~,~('s)') .......... ALL BLANKS MUST BE FILLED IN, INSERT "NIL' WHERE APPLICABLE PROPERTY INFORMATION RECORD A. Describe nature of instrument ............ D~,e(::l. .................. , ................................... B (i) Address of property being conveyed [if available) .................................................. 3.6.0. Ro.s. ebank . Road. So~tth,. P.icker. ing,..Ontario ................................. (ii) Assessment Roll # (ifavailable) ............................. ~/~ ............................... C. Mailing address(es) for future Notices of Assessment under The Assessment Act for property being conveyed [see instruct/on 6]. . · .360 · Roseban-k · Road · South~ · .Picke.ring.,..Ontario .................................... D. (i) Registration number for last conveyance of property being conveyed (if available)... . D/].84 3 ...................... (ii} Legal description of property conveyed Same as in D, (i) above, [] Yes ~ No [] Not Known E. Name(s) and address(es) of each transferee's solicitor, , .................................... .... For Land Registry Office use only REGISTRATION NO. ........................ Land Registry Office No. ............................. ]Registration Date