Loading...
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 15 8 O5 0