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HomeMy WebLinkAboutBy-law 4449/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4449/94 Being a by-law to authorize the acquisition of part of Lot 27, Range 3, Broken Front Concession, Pickering, for road purposes (Fairport Road) and the disposition of part of Lot 27, Range 3, Broken Front Concession, Picketing, not required for municipal purposes. WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, R.S.O. 1990, chapter M.45, 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; and WHEREAS the Corporation requires a part of Lot 27, Range 3. Broken Front Concession, Pickering, for road purposes (Fairport Road); and WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, the Council of the Corporation may pass by-laws for disposing of land not required for the purposes of the Corporation; and WHEREAS the Corporation does not require a part of Lot 27, Range 3, Broken Front Concession, Pickering, presently owned by it; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Corporation of the Town of Pickering shall acquire from C. K. Service Station Limited part of Lot 27, Range 3, Broken Front Concession, Picketing, for road purposes (Fairport Road), at a cost to the Corporation of $2.00 (exclusive of fees and disbursements). 2. The Corporation of the Town of Pickering shall sell to C. K. Service Station Limited part of Lot 27, Range 3, Broken Front Concession, Picketing, at a sale price of $5,000 (exclusive of fees and disbursements). 3. The Mayor and Clerk are hereby authorized to execute an Offer to Sell, in the form attached hereto as Schedule A, between C. K. Service Station Limited, as vendor, and The Corporation of the Town of Pickering, as purchaser, to implement the acquisition and sale of the lands referred to in sections 1 and 2. 3. The Town Solicitor is hereby authorized to execute all other documentation required to effect the acquisition and sale in substantial accordance with the Offer to Sell and this By-law. BY-LAW read a first, second and third time and finally passed this 21st day of June, 1994. TOWN Oie -- P/CKERIN~ API~J~y~r~ ~((uce Taylor, Clerk LEGAL DEPT. OFFER TO SELL TO: THE CORPORATION OF THE TOWN OF PICKERING (the "Purchaser") C.K. Service Station Limited (the "Vendor") hereby agrees to and with Purchaser to sell the lands legally described as Part of Lot 27, Range 3, Broken Front Concession, Town of Picketing, Regional Municipality of Durham, shown as Part 1 on the sketch attached to this Agreement as Schedule "A", containing approximately 158.31 square metres (1704.12 square feet) at the price of Two Dollars ($2.00) and to pay to Picketing the sum of Five Thousand Dollars ($5,000.00) by cash or certified cheque in consideration of the Purchaser conveying to the Vendor the lands legally described as Part of Lot 27, Range 3 Broken Front Concession, Town of Picketing, Regional Municipality of Durham, shown as Part 4 on Schedule "A", containing approximately 660.36 square metres (7108.30 square feet), subject to the following terms and conditions: 1. The Vendor acknowledges that the conveyance by the Purchaser of Part 4 on Schedule "A" on the terms and conditions herein contained represents the full compensation to which the Vendor may be entitled under any statute of the Province of Ontario in reference to the reconstruction, diversion and/or widening of Fairport Road as well as the installation of underground services on Fairport Road, including compensation for damages attn'outable to disturbance and damages for injurious affection. 2. The Purchaser shall pay reasonable fees for legal sereices required by the Vendor to complete this transaction. 3. The title is free from all encumbrances. The Purchaser shall be allowed ~mtil closing to investigate the title at its own expense and if within that time it shall furniqh the Vendor in writing with any valid objection to the title which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, this Agreement shall be null and void. 4. THIS Offer shall be accepted by the Purchaser w~'hln fifteen (15) days of the date hereof, otherwise thi~ Offer becomes null and void., This sale shall be completed on or before July 15, 1994. 5. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respects shall be of the essence, provided that the time for doing, or completing, of any matter provided herein may be extended or abridged by an agreement in writing, executed by the Purchaser and the Vendor or their respective solicitors who are specifically hereby authorized in that regard. It is agreed that there is no representation, warranty, collateral agreement or condition affecting thi~ Agreement or the real property or supported hereby other than as expressed herein in writing. Upon acceptance of this Offer by the Purchaser, the Purchaser, its servants and agents, shall have the fight to enter the property being conveyed by this Agreement for the purpose of the reconstruction, diversion and/or wideaing of Fairport Road as well as the installation of underground services of Fairport Road. This Offer may be accepted by delivering to the Vendor a copy executed by the Purchaser or by mailing same postage prepaid addressed to the Vendor at: C.K. Service Station Limited, c/o Gus Kokkatas, 126 Island Road, Scarborough, Ontario M IC 2P8. Dated at Scarborough, this ~" day of June, 1994. C. I~L SERVICE STATION LIMITED Per: I have authority to bind the company. THE CORPORATION OF THE TOWN OF PICKERING hereby accepts thig Offer. Dated at Picketing, this day of June, 1994. Per: Wayne Arthurs, Mayor. Brace Taylor, Clerk. 2