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HomeMy WebLinkAboutBy-law 3061/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. /89 Being a by-law to authorize the execution of a Land Exchange Agreement between the Corpo- ration of the Town of Picketing and the Durham Board o£ Education respecting Town lands in Lot 22, Concession 2, Pickerlng and Board lands in Lot 20, Concession 1, Picketing WHEREAS The Durham Board of Education owns certain lands in Lot 20, Concession 1, Pickering, designated as Parts 4, 5 and 7, Plan 40R-6545, which are surplus to its needs; and WHEREAS The Corporation of the Town of Pickering owns certain lands in Lot 22, Concession 2, Pickering, having a frontage of 561 feet on the east side of Liverpool Road, which are surplus to its needs; and WHEREAS, pursuant to the provisions of sections 170 and 171 of the Education Act, R.S.O. 1980, chapter 129 (as amended) and section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Board and the Town wish to exchange those surplus lands, so that the Board may develop the Town's lands for high school purposes and the Town may develop the Board's lands for recreational purposes; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Land Exchange Agree- ment, in the form attached hereto as Schedule A, between the Durham Board of Education and the Corporation of the Town of Pickering, whereby the Board will exchange its lands in Lot Z0, Concession 1, Pickerlng (Parts 4, 5 and 7, Plan 40R-6545), for certain of the Town's lands in Lot 22, Concession 2, Picketing, on the east side of Liverpool Road and vice versa. BY-LAW read a first, second and third time and finally passed this day of , 1989. Wayne Arthurs, Mayor Bruce Taylor, Clerk Schedule A to By-Law /89 LAND EXCHANGE AGREEMENT BETWEEN; THE DURHAM BOARD OF EDUCATION herein called the "Board" - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" WHEREAS the Board is the fee simple owner of that part of Lot 20, Concession 1, Picketing, designated as Parts 4, 5 and 7, Plan 40R-6§45, herein called the "Board*s Lands'~; and WHEREAS the Town is the fee simple owner o'f that part of Lot 22, Concession 2, Picketing, having a frontage of 561.00 feet on the east side of Liverpool Road, outlined in heavy black lines on Schedule A hereto, herein called the "Town's Lands~l and WHEREAS, pursuant to the provisions of sections 170 and 171 of the Education Act, R.S.O. 1980, c,129 (as amended) and section 193 of the i~tunicipal Act, R.S,O. 1980, c.302, the Board and the Town wish to dispose of their lands and acquire the other's lands, by means of a land exchange, so that the Board may develop the Town's Lands for high school purposes and the Town may develop the Board's Lands for recreation- al purposesl NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by each party to the other, receipt of which by each is hereby acknowledged, and of the terms, covenants and conditions hereof, the Board and the Town hereby agree as follows: 1. (1) Subject to the provisions of this Agreement, on April 12, 1989 (the "Closing Date"), (a) the Board shall convey to the Town, free and clear of all . encumbrances except the right-of-way over Part 4, Plan 40R-6545, set out in Instrument 144269, all of the Board's Lands, and (b) the Town shall convey to the Board, free and clear of all encumbrances, all of the Town's Lands, each party giving to the other vacant possession of the lands conveyed. (Z) Neither party shall have a right to a conveyance of the other party's lands unless it tenders a conveyance of its lands to the other party in accordance with this Agreement. 2. The parties agree that each party's lands have a value of $1,166,Z50.00 as of the Closing Date. 3. (1) Each party shall be allowed until 4:00 p.m. on March 31, 1989 to examine, at its own expense,, the title to the other party's lands, to satisfy itself that the title is good and free of all encumbrances except for, (a) in the case of the Board's Lands, the right-of-way over Part 4, Plan 40R-0545, set out in Instrument 144269, (b) any registered restrictions or covenants that run with the lands and are complied with, and (c) any minor easements to public utilities required for the supply of utilities to the lands. If within the time allowed for examining title any valid objection to the title of either party's lands is made in writing to that party and that party is unable or unwilling to remove, remedy or satisfy the objection, and the objecting party will not waive the objection, then this Agreement, despite any intermediate acts or negotiations in respect of the objection, shall be at an end, and neither party shall be liable for any costs or damages. (3) Neither party shall call for the production of any title deed, abstract, survey or other evidence of title to the other party's lands except such as are in the possession and control of the other party. (4) Upon the conveyance to it of the other party's lands, each party shall be conclusively deemed to have accepted the other party's title to its lands. 4. (1) Each party acknowledges having inspected the other party's lands prior to entering into this Agreement. (2) There is no condition, express or implied, representation or warranty of any kind extended by either party to the other that the future intended use of either party's lands by the other is or will be lawful. 5. (1) The Board shall arrange for the preparation and registration, subject to the approval of the Town's solicitor which approval shall not be unrea- sonably withheld, of a reference plan identifying the Town's Lands, the cost of which shall be borne equally by the Board and the Town. (Z) Each deed or transfer shall be prepared by the conveying party in registrable form at its expense. (3) Any tender of documents or money hereunder may be made upon the Board or the Town or their solicitors. 6. Time shall in all respects be of the essence hereof 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 parties or by their solici- tors, who are hereby specifically authorized in that regard. 7. This Agreement is not assignable by either party in any respect, and neither party may direct the other that title is to be given in any name other than that appearing herein. 8. (1) Schedule A attached hereto shall form part of this Agreement. (2) This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or either party's lands or supported hereby other than as expressed herein. IN WITNESS WHERE~)F the Board and the Town have hereunto affixed their corporate seals, duly attested by their respective authorized officers. SIGNED, SEALED and DELIVERED February , 1989 THE DURHAM BOARD OF EDUCATION March 6, 1989 THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruc'e Taylor, 'Clerk SCItEDUI,E A