HomeMy WebLinkAboutBy-law 4630/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4630/95
Being a by-law to authorize the execution of an
Agreement incorporating an Option to Purchase and
Agreement of Purchase and Sale respecting the future
acquisition of Part Lot 24 and Part Road Allowance
between Lots 24 and 25, Concession 1, Pickering (Parts 2
to 4 and 6 to 11, Plan 40R-XXXXX) for roadway
purposes. [Emix Ltd/ZBLA Application A 8/94_].
WHEREAS Emix Ltd. has made an application to The Corporation of the Town of Picketing under
section 34 of the Planning Act, R.S.O. 1990, chapter P.13, for an amendment to By-law 2641/88 to
permit certain additional uses on lands comprising part of Lot 24, Concession 1, Pickering, which
application has been approved by the Council of The Corporation of the Town of Picketing subject to
conditions, one of which requires that Emix Ltd. enter into an Agreement to convey lands to the
Corporation of the Town of Picketing for future roadway purposes; and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191, the
Council of The Corporation of the Town of Pickering may pass by-laws for acquiring any land or
interest therein for the purposes of the Corporation;
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 an Agreement incorporating an Option to
Purchase and Agreement of Purchase and Sale, in the form attached hereto as Schedule A,
between Emix Ltd. and The Corporation of the Town of Pickering respecting the future
acquisition of Part Lot 24 and Part of the Road Allowance between Lots 24 and 25, Concession
1, Pickering (being Parts 2 to 4 and 6 to 11, Plan 40R-XXXXX) for roadway purposes.
2. The Corporation of the Town of Picketing shall acquire those interests in lands referred to in
section 5 of that Agreement subject to the terms and conditions and for the purposes set out
therein.
BY-LAW read a first, second and third time and finally passed this 8t3~ day o~ g, ug~% 1995
RE9503
Schedule A
THIS AGREEMENT made June 19, 1995, pursuant to the provisions of section 191 of the Municipal Act,
R.S.O. 1990, chapter M.45,
BETWEEN:
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING.
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner has made an application to the Town under section 34 of the Planning Act, R.S.O. 1990,
chapter P. t 3, for an amendment to By-law 2641/88 to permit certain additional uses on lands comprising part of
Lot 24, Concession 1, Pickering, which application has been approved by the Council of the Town subject to
conditions, one of which requires that the Owner enter into this Agreement to convey lands to the Town for
future roadway purposes; and
WHEREAS, pursuant to the provisions of section 191 of the Municipal Act, the Council of the Town acquire
any land or inlerest therein for the purposes of the Town;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town consenting to
the registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto
covenant and agree one with the other as follows:
The lands affected by this Agreement (the "Lands") are,
(a) those parts of Lot 24, Concession 1, and the Road Allowance between Lots 24 and 25,
Concession I, designated as Parts 2, 3 and 4, Plan 40R-XXXXX, and
(b) those parts of Lot 24, Concession 1, designated as Parts 6, 7, 8, 9, 10 and 11, Plan ,10R-XXXXX,
all in the Town of Picketing in the Regional Municipality of Durham.
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he",
"she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Time shall be of the essence of this Agreement.
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and this Agreement and all the covenants by the Owner
contained herein shall run with the Lands for the benefit of the Town and the land or interests in land
owned by the Town adjacent to the Lands.
(I) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
Wilhelm Hepfer
Emix Ltd.
1099 Kingston Road
Picketing, Ontario
LIV lB5
and
in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
LIV 6K7
(2) Each Party may redesignate the person or the address, or both, to whom or to which such notice
may be given by giving writlen notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on the
second day following the day of delivery or the day of mailing, as the case may be.
5. OPTION TO__PURCHASE
(1) The Owner hereby grants to the Town the sole and exclusive option to purchase the Lands, or
any portion thereof, for roadway purposes, subject to the terms and conditions set out herein.
(2) At any time on or before June 19, 2015, the Town may exercise its option by giving notice in
writing to the Owner in accordance with section 4, above.
(3) Upon the giving of that notice by the Town to the Owner, this Agreement shall forthwith become
a binding Agreement of purchase and sale.
2
6. AGREEMENT OF PURCHASE AND SALE
On the ninetieth day immediately followfing the exercising of the Town's option under section 5, above,
or on such other date as may be agreed by the Parties, herein called the "closing date", the Owner shall
convey to the Town all of the Lands, or the portion thereof that was the subject of the notice, on the
following terms and conditions:
(a) The title to the Lands shall free and clear of all encumbrances and claims save and except any
easement registered on title thereto on June 19, 1995.
(b) The title to the Lands shall not be restricted in any way so as to prevent the Town from lawfully
or physically using the Lands for roadway purposes.
(c) The Town shall be allowed until the closing date to examine the title to the Lands at its own
expense; if within that time any valid objection to title is made in writing to the Owner, which
the Owner shall be unable or unwilling to remove and which the Town will not waive, this
agreement of purchase and sale shall, despite any intermediate acts or negotiations in respect of
such objection, be null and void.
(d) Taxes, local improvements and any other similar charges assessed against the Lands shall be paid
by the Owner up to and including the closing date.
(e) The Lands shall not have any building or structure erected thereon on the closing date, and the
physical state and condition of the Lands shall not prevent the Town from lawfully or physically
using the lands for roadway purposes.
(f) The Lands shall remain at the risk of the Owner until closing.
(g) Vacant possession of the Lands shall be given to the Town on closing.
(h) The purchase price shall be $2.00, and there shall be no cost to the Town of the conveyance of
the Lands, save and except the cost of regislering the Transfer and of any land transfer mx
payable.
(i) The Owner shall prepare the Transfer/Deed at its cost in a form acceptable to the Town and its
solicitor.
(j) The Owner represents and warrants, which representations and v~arranties shall survive the
closi'~g and remain in full force and effect, that on closing it shall not be a non-resident of
Canada and that, should the Owner be a spouse, the Owner shall obtain the consent of its spouse
to the Iransfer of the Lands.
7. FAILURE TO EXERC_lq~_E OPTION TO PURCHASE
If the Town does not exercised its option to purchase on or before June 19, 2015, this Agreement and
ever) thing contained herein shall be null and void and no longer binding upon the Parlies hereto, their
heirs, executors, administrators, successors and assigns, nor upon any Encumbrancer that has executed a
postponement attached hereto.
$, REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles
Division of Durham (No. 40).
(2) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of
the existence and the tenns of this Agreement and shall include an acknowledgement in any offer
to purchase or other similar document dealing with the Lands, or any portion thereof.
(3) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals atlested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
EMIX LTD.
Wilhelm Hepfer, Authorized Signing Officer
I have authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne At, huts, Mayor
Bruce Taylor, Clerk
RE9503
The Encumbrancer hereby postpones any rights or interests which il has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such right or interest
and prior to the execution and registration of any mortgage, agreement or other document creating or defining
any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuan! to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the inlenl that the Encumbrancer or anyone claiming under it shall at no lime
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of
the terms of this Agreement.
Dated at _ , this day of ,1995.
SIGNED, SEALED AND DELIVERED
[ENCUMBRANCER]
[person], [position]
[person], [position]
5
The Town of Picketing [ ~ ~'~'
- Part Lot 24 and Part Toad All~.,~nce
LEGAL SERVICES DEPARTMENT between Lots 24 & 25, Concession i
FROM: C.M. Timothy Sheffield DATE: June 2, 1995
Town Manager / Town Solicitor
REPORT NUMBER: L 45/95
SUBJECT: Emix Ltd.
- Option to Purchase / Agreement of Purchase and Sale - Future Roadways
- Part Lot 24 and Part Road Allowance between Lots 24 and 25, Concession 1,
Picketing (Pans 2 to 4 and 6 to I 1, Plan 40R-XXXXX)
- Zoning By-law Amendment Application A 8/94
- File: RE9503
RECOMMENDATION:
A by-law should be enacted to authorize the execution of an Agreement incorporating an Option
to Purchase and Agreement of Purchase and Sale respecting the future acquisition of Part Lot 24
and Part Road Allowance between Lots 24 and 25, Concession 1, Picketing (Paris 2 to 4 and 6 to
11, Plan 40R-XXXXX) for roadway purposes [Emix Ltd. / ZBLA Application A 8/94].
ORIGIN:
Council Resolution 270/94 (3) (December 19, 1994) re ZBLA Application A 8/94.
AUTHORITY:
MunicipalAct, R.S.O. 1990, chapter M.45, section 191.
FINANCIAL IMPLICATIONS:
None
BACKGROUND:
On December 19, 1994, Council made Resolution 270/94, item 3 of which was the approval of
Zoning By-law Amendment Application A 8/94 permitting additional special purpose
commercial uses on Part Lot 24, Concession 1, Picketing, subject to several conditions. One of
those conditions provides as follows:
That prior to the forwarding of an implementing zoning by-law to Council, the Town
and the owner enter into an agreement to dedicate to the Town aH lands identified for
public roadway purposes by the Town Centre West Urban Design and Land Use Study
and illustrated on Attachment #2 to Recommendation Report No. 43/94, and make
satisfactory arrangements with the Town regarding the construction of those roads.
Report to Council L/95 Page 2
June 2, 1995
Attached hereto is such an Agreement, the provisions of which require Emix Ltd., or its
successor, to convey the lands in question to the Town, at no cost and free and clear of all
encumbrances, whenever the Town requires them within the next twenty years. The lands in
question comprise approximately 0.400 hectares (0.988 acres) and are illustrated on the sketch
attached hereto.
There is no provision in the Agreement for the construction of the roadways for the following
reasons:
(1) It is not possible at this time to confirm the actual location of the roadways precisely, and
consequently, it is not possible to design the services that may be required.
(2) Due to the unpredictable timing of the acquisition and construction, it is not possible to
determine what associated services (e.g., gas, electricity, telephone) will be required and
where they will be installed.
(3) The Town has evolved a practice in the past of not imposing major construction
requirements upon an industrial/commercial party that provides substantial lands for a
public roadway unless that roadway is being built either in the context of subdivision
development (Copperstone Drive) or to open up a large parcel controlled by that owner
(Granite Court).
Consequently, it is recommended that the application be allowed to proceed on the basis of the
proposed Agreement, i.e. on the basis of a commitment to convey only.
Enactment of the draft by-law attached hereto will authorize the execution of that Agreement (a
copy of which is attached as Schedule A to that by-law).
ATTACHMENTS:
1. Site sketch.
2. Location map.
3. Draft by-law with proposed Agreement attached as Schedule A.
C. M. Timothy Sheffield
CMTS:bt
Attachments
Copy: Director of Planning
Director of Public Works
EMIR LIO. & EMIX IIOLi)INGS LTD. - [ OAIE MA~, 2~/g4 : enawo ~v HP
7'
)EPA~IMEIII UOE O/l~y PC-O ~A-
The Town of Pickering
- Part Lot 24 and Part Road Allowance
LEGAL SER¥1CES DEPARTMENT ~e~n Lots 24 & 25, Concession