HomeMy WebLinkAboutBy-law 2541/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2541/87
Being a By-law to authorize the Mayor and Clerk
to execute an offer to sell to the Regional
Municipality of Durham for the sum of $1,500,000
part of Lot 18, Range 3, and part of the road
allowance between Lots 18 and 19, Concession I,
Picketing, comprising the lands and premises of
the Town's present municipal building .
WHEREAS, pursuant to the provisions of section 193 (1) of the Municipal Act, R.S.O.
1980, c.302, the Council of The Corporation of the Town of Pickering may pass a
by-law to dispose of lands no longer required for the purposes of the municipality;
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 an offer in the form
attached hereto as Schedule A to sell to the Regional Municipality of Durham for
the sum of $1,500,000 that part of Lot 18 and of the road a]lownce between Lots
18 and 19, Concession l, Pickering, comprising the lands and premises of the
Town's present municipal building.
BY-LAW read a first, second and third time and finally passed this 14th day of
July, 1987.
SCHEDULE A
AGREEMENT OF PURCHASE AND SALE
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Vendor"
-and-
THE REGIONAL MUNICIPALITY OF DURHAM
hereinafter called the "Purchaser"
The undersigned "Vendor" hereby agrees to sell to the "Purchaser", upon and
subject to the terms and conditions herein contained all and singular the laf~ds
and premises situate, lying and being in the Town of Picketing, in the Regional
Municipality of Durham and being composed of Part of Lot 18, Concession 1,
and part of the allowance for road between Lots 18 and 19, Concession I, in
the said Town of Picketing, as more particularly described in Schedule "A"
attached hereto and being shown outlined in red on the sketch annexed hereto
and marked as Schedule "B" (hereinafter sometimes called the "real property"),
at the purchase price of ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS
($],500,000.00) of lawful money of Canada, payable as follows:-
(a) upon the acceptance of this offer by the Vendor, $990,000.00 as a
deposit pending completion or other termination of this agreement,
lb) on April 29, 1988, a further $500,000.00 as a second deposit
pending completion or other termination of this agreement, and
(c) upon the closing of the transaction completing this agreement, a
further $~3~@, 000.00,
each payment to be by cash or certified cheque.
This Offer to he accepted by the Purchaser on or before the 17th day of July
1987, otherwise this Offer is null and void. Title to the real property shall be
free from all encumbrances, except as otherwise herein provided, and except as
to any easements for hydro, gas, telephone or other utilities affecting the real
property and except as to any governmental enactments or municipal by-laws.
The Purchaser shall not be entitled to call for the production of any title deeds
or abstracts or proof of title other than those in the possession of the Vendor
or under its control. The Purchaser shall be allowed (60) days from the date
of the execution of this agreement by the Purchaser to investigate the title to
the real property and if, within that time any valid objection to title is made in
writing to the Vendor which the Vendor shall be unable or unwilling to remove
and which the Purchaser will not waive, this agreement, notwithstanding any
intermediate acts or negotmtions in respect of such objections, shall be null and
void and every deposit paid shall be returned by the Vendor to the Purchaser
without interest or deduction. Save as to any valid objections so made within
the time aforesaid, the Purchaser shall be conclusively deemed to have accepted
- 2 -
the title to the real property in accordance with the provisions hereof and this
Offer shall constitute a binding contract of purchase and sale and time in all
respects shall be the essence of this agreement,
Provided that the time for doing or completing any matter provided for herein
may be extended or abridged by an agreement in writing signed by the Vendor
and Purchaser or by their respective solicitors who are hereby expressly
appointed in this regard. Provided further that no extension of time for
making any payment or doing any act hereunder shall be deemed to be a waiver
or modification of or to affect this provision. The deed is to be prepared at
the expense of the Purchaser.
This transaction of purchase and sale is to be completed on or before the 1st
day of September, 1989, on which date possession of the real property is to be
given to the Purchaser.
o
The Purchaser agrees to commence paying all water and sewer charges
electrical rates and all other charges affecting the real property, from and
including the date of closing.
Where
given
notice
this agreement requires, permits or provides for notice in writing to be
by one party to the other, it shall be sufficiently given, in the case of
to the Vendor, if mailed by prepaid registered post addressed to:
The Regional Municipality of Durham
605 Rossland Road East
WHITBY, Ontario
L1N 6A3
Attention: S. K. Jain, Q.C., Regional Solicitor
and in the case of notice to the Purchaser, if mailed by prepaid registered post
addressed to:
The Corporation of the Town of Picketing
1710 Kingston Road
PIGKERING, Ontario
L1V 1C7
Attention: C. M. Timothy Sheffield, Town Solicitor
Any tende" of documents or monies hereunder may be made upon the solicitor
acting for the party on whom the tender is desired and it shall be sufficient
that a negotiable certified cheque may be tendered instead of cash.
It is agreed that 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.
- 3 -
This agreement shall enure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, administrators, successors and
assigns.
This agreement and its acceptance is to be read with all changes of gender or
number required by the context.
10.
A waiver by either party of the strict performance by the other of any
covenant or provision of this agreement shall not constitute a waiver of any
subsequent breach of such covenant or provision, or of any other covenant,
provision or term of this agreement.
11.
This offer shall be irrevocable by the Vendor until 11:55 A.M. on the 17th day
of July, 1987, after which time if not accepted, this agreement shall be null and
void.
DATED at the Town of Picketing in the Regional Municipality of Durham
this day of , 1987.
IN WITNESS WHEREOF
hands of its proper
of , 1987.
the Vendor has hereunto affixed its corporate seal by the
officers duly authorized in that behalf this day
TI~I'K CORPORATION OF.~tIE TOWN OF PICKERING
l~'rt/ I~.' Ande'~ff6'rf~ayor
Pert~
yBruce Taylor, Clerk
THE UNDERSIGNED HEREBY ACCEPTS THIS OFFER and all of the terms and
covenants contained herein, and agrees to and with the Vendor to duly carry out the
same on the terms and conditions herein mentioned.
DATED at the Town of Whitby in the Regional Municipality of Durham this
of , 1987.
day
IN WITNESS WHEREOF the Purchaser has hereunto affixed its corporate seal by
hands of its proper officers duly authorized in that behalf this day of
, 1987.
the
THE REGIONAL MUNICIPALITY OF DURHAM
Per:
G. Herrema, Chairman
Per:
C. W. Lundy, Clerk
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being tn the Town of Ptckering tn the Regional Municipality of Durham
formerly in the Townshtp of Pickering, tn the County of Ontarto, and being
composed of Parts of Lot 18, Concession I, and part of the Allowance for a Road
between Lots 18 and 19, Concession I tn the said Township, containing a total
area of 3.194 acres, be the same more or less, and whtch said parcel may be
more particularly described as follows:
PREMISING that the new centreline of construction of the King's Highway No. 2
has a bearing of north forty-five degrees fifty-one minutes ti~trty seconds East
iN. 45°51'30"E.) through Lot 18, Concession I, and relating all bearings
herein thereto;
COMMENCING at an iron bar which has been planted in the westerly limit of Lot
18, Concession I, at a distance of 256.86 feet on a bearing of South seventeen
degrees nine minutes thirty seconds East (S.17°9'30"E.) from the stone monument
which marks the northwest angle of the said Lot 18;
THENCE North twenty-nine degrees nineteen minutes West (N.2g°Ig'W.) 88.96 feet
to an iron bar;
THENCE North seventy-three degrees sixteen minutes East (N.73°16'E.) 367.5 feet
to an iron pipe;
THENCE South sixteen degrees forty-four minutes east (N.16°44'E.) 177.33 feet
to a ~/2 inch square iron bar which has been planted at the beginning of a
curve;
THENCE along a curve to the left of radius 406 feet an arc distance of 194.16
feet to a 1/2 inch iron bar which has been planted in the northerly limit of
the proposed widening of the highway, (the chord equivalent being 191.4 feet on
a bearing of South thirty degrees thirty-two minutes thirty seconds East
(S.30°32'30"E.);
THENCE South forty-five degrees fifty-one minutes thirty seconds West.
(S.45°51'30"W.) 278.11 feet to an iron bar;
THENCE North eight-two degrees fifty-one minutes West (N.B2°51'W.) 56.04 feet
to an iron bar;
THENCE North thirty-one degrees fifty-three minutes West (N.31°53'W) 364.68
feet to an iron hat;
THENCE North seventeen degrees nine minutes thirty seconds West (N.47°g'30"W.)
29.46 feet, more or less, to the point of commencement.
SAVE AND EXCEPT those lands being Part of Lot 18, Concession I, Town of
Pickertng more particularly described as Part 8 on Plan RD-~IO.
,ICH
AVE
SCHEDULE "B"
ROAD ~LLOWANCE
pall r I
BETWEEN
CoN ~ ~.2
40R
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