HomeMy WebLinkAboutBy-law 823/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 823/78
Being a By-law to authorize the execution
of a Deed between the Corporation of the
Town of Pickering and Giuseppe Nesci, res-
pecting Lot 95, Plan 816, Town of Pickering
WHEREAS Lot 95, according to Plan 816, Town of Pickering, became
vested in the Corporation of the Town of Pickering pursuant to the
provisions of subsection 2 of section 47 of The Municipal Affairs
Act, R.S.O. 1970, c. 118, as amended, on January 23, 1975, subject
to a right of redemption;
AND WHEREAS the period for redemption expired on the 24th day
of January, 1976 no one having redeemed the land;
AND WHEREAS the Council of the Corporation of the Town of Pickering,
by By-law 632/77 passed on the 20th day of June, 1977, authorized
the sale of the said Lot to Mr. Giuseppe Nesci;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS, as follows:
1. The Mayor and Clerk are hereby authorized to execute
a Deed, in the form attached hereto as Schedule A,
by which the Corporation of the Town of Pickering
conveys to Giuseppe Nesci, all of Lot 95, Plan 816,
Town of Pickering.
2. The Town's Solicitor is hereby authorized to make
his disposition pursuant to the provisions of
subsection 3 of section 5 of The Land Speculation
Tax Act, 1974 on behalf of the Corporation of the
Town of Pickering in affidavit form.
BY-LAW read a first, second and third time and finally passed
this 5th day of June , 1978.
ayor
TOWN OF
PICKERING
APPROVED
AS TO FOR'
I_ECAL D'_:' f.
THIS IS SCHEDULE "A" TO BY-LAW NUMBER 823/78
THIS INDENTURE
made (in duplicate) this fifth day of June, one thousand
nine hundred and seventy-eight
In Pursuance of The Short Forms of Conveyance Act and The
Municipal Affairs Act
BETWEEN:
OF THE SECOND PART
WHEREAS the herein described land became vested in the
Grantor under the provisions of subsection 2 of section 47 of
The Municipal Affairs Act, R.S.O. 1970, c. 118, as amended, on
the 23rd day of January, 1975, by the registration of a Tax
Arrears Certificate in the Registry Office for the Registry
Division of Durham (No. 40) as Instrument No. D 1437, subject
to a right of redemption;
AND WHEREAS the period for redemption expired on the 24th
day of January, 1976, no one having redeemed the land;
AND WHEREAS the Grantor, by By-law No. 513/76, passed on the
15th day of November, 1976, declared the land to be required for
the purposes of the Municipality of the Corporation of the Town
of Pickering;
AND WHEREAS the Grantor, by By-law No. 632/77, passed on the
20th day of June, 1977, authorized the execution of an Agreement
between the Parties hereto for the transfer of the land in
furtherance of those purposes;
WITNESSETH that in consideration of the sum of Five Hundred
Dollars ($500.00) of lawful money of Canada, now paid by the
said Grantee to the said Grantor, the receipt whereof is hereby
by him acknowledged, the said Grantor does grant unto said
Grantee in fee simple.
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham, (formerly in the Township of
Pickering in the County of Ontario) and being composed of all
of Lot 95, according to a plan registered in the Registry Office
for the Registry Division of Durham as Plan Number 816.
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Grantor"
- and -
OF THE FIRST PART
GIUSEPPE NESCI, Designer, of the Town of
Pickering in the Regional Municipality of
Durham
hereinafter called the "Grantee"
- 2 -
To have and to hold unto the said Grantee, his heirs and assigns
to and for his and their sole and only use forever. Subject
nevertheless to the reservations, limitations, provisos and
conditions expressed in the original grant thereof from the
i
j Crown.
THE said Grantor covenants with the said Grantee that it has the
right to convey the said lands to the said Grantee notwithstanding
i
any act of the said Grantor.
AND that the said Grantee shall have quiet possession of the said
lands, free from all encumbrances.
AND the said Grantor covenants with the said Grantee that it will
execute such further assurances of the said lands as may be
requisite.
AND the said Grantor covenants with the said Grantee that it has
done no act to encumber the said lands.
AND the said Grantor releases to the said Grantee all its claims
upon the said lands.
IN WITNESS WHEREOF the party of the first part has hereunto
affixed its corporate seal attested to by its authorized officers.
SIGNED, SEALED & THE CORPORATION OF THE TOWN
DELIVERED OF PICKERING
Mayor
Clerk
IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF
THE: LAND SPECULATION TAX ACT, 1474
A F F I D A V I T
I, C.M. Timothy Sheffield of the Town of Pickering,
in the Regional Municipality of Durham, Province of Ontario
MAKE OATH AND SAY THAT:
1. I verily believe that the disposition of designated land
evidence in the attached instrument or writing is exempt
from the tax imposed by subsection 1 of section 2 of the
above Act by virtue of the disposition being:
a disposition of designated land by a municipality.
as provided `or by section 4 , clause (b) ,
subclause N/A , of the above Act.
2. 1 am authorized in writing by the transferor making the
disposition referred to in paragraph 1 hereof to make this
affidavit.
Since the acquisition of the interest of the transferor in
the designated land that is referred to in paragraph 1
hereof and that is being disposed of to the transferee
named in the attached instrument or writing, no disposition
with respect to such designated land has occurred prior
to the disposition to the said transferee.
r
Sworn before me at the Town )
of Pickering in the Regional
Municipality of Durham )
this
1
day of June iQ-' 8
A Commissioner, etc.
C.M. Timothy Sheffield
Form 130 Affidavit, Planning Act
United Stationery Co. Limited, Legal Form Dept.
30 Production Drive, Scarborough
lZbe Regiotrp Oct
IN THE MATTER of the PLANNING ACT (as amended)
AND IN THE MATTER of the TITLE TO Lot 95, Plan 816, Town of
Pickering
Deed. Mortgage,
Agreement of AND IN THE MATTER OF A Deed
Sale. Leave, etc.
THEREOF, FROM The Corporation of the Town of Pickering
TO Biuseppe Nesci
DATED June 5th, 1978
I, C.M. Timothy Sheffield
of the Town of Pickering in the Regional
Municipality of Durham
MAKE OATH AND SAY AS FOLLOWS:
1. Iam the Solicitor for the Grantor
named in the above mentioned Instrument, and have knowledge of the matters hereinafter
sworn.
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
neiele (-tt#?Ire )xcsrrrt-vr?iatererF t?nmer?foe.r not-mfiirrt3m.'f[:c m-thr "egRitTf ttf-?iIC11tj72 tDS['?IC, Gf? rf
if rot I>E7eexrre>t?rr„# f(rwrrrN-rrsri?lrercrerci++r,rt7mtwrtrJ-trl?rriirfnrenttefth7especttirarig'tarttl
aaoue.nle
dsdtbit¢?flre?txrrcl7sf frcterF-MrChc
State
"tl" ' The land is being disposed of by a municipality.
maeon
it any
SWORN before me
at. the Town of Pickering
in the Regional Municipality of
Durham
this 6th
day of June
1978 .
A Commissioner for Taking Affidavits, ete.
AFFIDAVIT OF SUBSCRIBING WITNESS
°aee footnote
'See footnote
I,
of the
in the make oath and say'.
I am a subscribing witness to the attached instrument and I was present and saw it executed
at
by
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
in the
this day of 19
° 1t'hr a Vort,, r mblr 1" r ad the ow .....irit r o,hnrr a port, sign., by ro,Aio, )ds mark in fowign ho ..ters adz(
°oRcr (he vhstnunrn( had brcn "'ad to Idro end the .p...o"d fill(, Oh ..... rrs(mnl W- tt'hers rm,,w,dondnr a pour, of it ,
insert "(nnmr of attorney) ., ionise. for (mine of virly) and for nazi r um sob.q lf.tl "I rnnl, believe that the person Whole
signotorr ) ruifnrssed was aofhorized m eierofe the inslrwnavt ,, ottorne, far (name)"
Amended. I... _ 1915 THE LAND TRANSFER TAX ACT, 1974
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN [HE MATTER OF "IIIE CONVEYANCE made
men+:fy by: The. Corporation ...of...the...T.own.._of-Pickering
..... ,..
...
- "' -'
the Parties
W the
conveyance to:... Giuseppe Ne.sci
on the 6th...._ ... ... day of .......Jung. _1978....
of the
in the ...
MAKE OATH AND SAY THA I':
1. I am
named in the within (or annexed) conveyance.
This c andr nlb by I h he mar
be m
be
2, 1 have a personal knowledge of the facts slated in this affidavit.
purchaser, or vrod,., 3. (1) The total consideration for Ibis transaction has been allocated as follows:
or by aayon" (a) Land goodwill
, building, fixtures and $500.,00_,
amok ro. them
under of (b) Chattels - items of tangible persona) property (see note)
.. _ $ al
.._l _
attornrv or Wynn
agent nrcrrdited in
writing by the
TOTAL CONSIDERATION
...$500..00
purrhnser, or vendor
or by the solicitor of
other ,f than or by (2) The true consideration for the transfer or conveyance for
.
rd hp .rhenn
, o vv,, h ........
np
Land Transfer Tax purposes is as follows:
Minister of l(evenue. (a) Monies paid in cash $500.•00
(b) Property transferred in exchange (Detail Below) $ all..
(c) Securities transferred to the value of (Detail Below) $..n?l
(d) Balances of existing encumbrances with interest owing at date of rill
transfer .. .... $ .. ...
(e) Monies seC111'ed by (Mortgage under this transaction - $ nil
(f) Liens, legacies, annuities and maintenance charges to which tran sfer nil
is subject $
(g) Other (Detail Below) .. ... .._._.$ nil
TOTAL CONSIDERATION (should agree with 3(1) (a) above) _ $500.00
4. If consideration is nominal, is the Irmsfer for natural love and affection? No.....
5. If so, ishal is the relationship belN'ectl Gianhor and Grantee? n/a.
6. Other remarks and explanations, if necessary n/d .....
SWORN before me at the Town of Pickering
in the Regional Municipality
of Durham
ibis day of 197 8 • (signature)
A Commissioner, etc
All
blank,
.,at
be filled
in.
7, TO PARAURA I'll 8fU Ih): C,hMll1,u Retail nnlrs Ina is na>able o, the valuation of items shown in 3171 (b) unless otherwise rxemntnl under the
i s of 'rho itetait Sotes Tax Ar(. R.;:.0, 14711, , 115. .hv . anhrndrd-
aiun
the Phh rp?•sr of thhs affidavit it rrt abi,w only the 'aloe of ehatl,k. the rolol value of which in the opinion of the depo.mut e red. $I00.00 'i'hia does
oral, .r Vorrhascr from the„pa>mcot of IA<ail Sal,s 'I" v tangible personal property ns part of th" transact inn. Nihon chattels n r .....chased
sit of this tm n_.nrlion with a ridu, of less tluui 8100.00, the applicable tax should be paid by the oir,haeer to the ']'mash'er of Ontario and remitted
e Min later of Iteven ue.
AFFIDAVIT AS TO AGE AND MARITAL STATUS
I/WE
of the
in the
F if attorney make oath and say:
See FrwtrmF
When executed the attached instrument,
I/WE at least eighteen years old
strike
upp out
mappR
ceble I was married / divorced / widower.
In
clauses.
was my wife / husband.
We were married to each other.
We held the land as Joint Tenants / Trustees / Partnership Property.
Resident of
Canada, etc.
(SEVERALLY) SWORN before me at the
in the
this day of
19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
A Where affidavit made by attorney suhsthute: "When I executed the attached instrument as attoNI for (Game), he/she was
(manta( status, and if married, Rome of spouse), and when he/she eseauted the power of attorney, he/she had attained the age
at majority".
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