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HomeMy WebLinkAboutBy-law 1550/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1550 /82 Being a By-Law to authorize the execution of an Agreement of Purchase and Sale, and a consequent Deed, for the transfer of part of Lot 59, Plan 816, to Michael Alexander Carroll and Barbara Carroll (Part 4, Plan 40R-7048) WHEREAS the Corporation of the Town of Pickering is the owner in fee simple of Lot 59, Plan 816, Pickering, and, pursuant to the provisions of chapter 192 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of every municipal corporation may sell any land previously required for the purposes of the corporation when no longer so required; 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 Agreement of Purchase and Sale in the form attached hereto as Schedule "A", and subsequent Deed, respecting the conveyance of that part of Lot 59, Plan 816, designated as Part 4, Plan 40R-7048 to Michael Alexander Carroll and Barbara Carroll. (Old Forest Road/Rosebank Road Walkway). BY-LAW read a first, second and third time and finally passed this 7th day of September , 1982. AGREEMENT OF PURCHASE AND SALE We, MICHAEL ALEXANDER CARROLL and BARBARA CARROLL, of the Town of Pickering, in the Regional Municipality of Durham (hereinafter referred to collectively as the "Purchaser"), having inspected the real prop- erty, agree to and with THE CORPORATION OF THE TOWN OF PICKERING (here- inafter referred to as the "Vendor"), through no agent, to purchase and the Vendor agrees to and with the Purchaser to sell all and singular the lands situate in the Town of Pickering in the Regional Municipality of Durham being composed of that part of Lot 59, Plan 816, designated as Part 4 on Plan 40R-7048, consisting of 327 square feet (herein referred to as the "real property") upon the following terms and condi- tions: The purchase price for the real property shall be the sum of TWO HUNDRED AND TWENTY DOLLARS ($220.00) payable as follows: (a) FIFTY DOLLARS ($50.00) by cash or cheque to the Vendor as a deposit to be held by it until the closing of the sale or other termination of this Agreement, and to be credited on account of the purchase price on closing, or returned to the Purchaser, without interest, if this transaction is not completed; and (b) ONE HUNDRED AND SEVENTY DOLLARS ($170.00) by cash or cheque to the Vendor on closing. The date for the closing of the sale herein shall be on or before September 15th, 1982. (1) (2) Title to the real property shall be taken in the name of the Purchaser or the name of the abutting landowner to the south if the latter is not the same as the former at the date of closing hereof. Under no circumstances, by direction or otherwise, may the provisions of (1), above, be altered, varied, amended, rescinded or deleted. Provided the title is good and free from all encumbrances except minor easements for hydro, gas, telephone or like services to the real property, such title to be examined by the Purchaser at its own expense, and the Purchaser is not to call for the production of any title deed, abstract of title, proof or evidence of title, or survey, other than those in the Vendor's possession or under its control or as herein provided; and provided the same have been complied with, the Purchaser is to accept the property subject to any such minor easements as above-mentioned, and to restrictions and covenants that run with the land, provided same'have been complied with. The Purchaser to be allowed until closing to investigate the title at its own expense, and if within that time it shall furnish the Vendor in writing with any valid objection to the title, or non- compliance with zoning by-law, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the lands. - 2 - 6. (1) Any notice herein provided for or permitted or required to be given hereunder, if given by the Purchaser to the Vendor, shall be sufficiently given if mailed in one of Her Majesty's Post offices by registered mail addressed to the Vendor at: 1710 Kingston Road, Pickering, Ontario L1V 1C7 Attention: Town Manager and if given by the Vendor to the Purchaser shall be suffi- ciently given if mailed as aforesaid addressed to the Pur- chaser as follows: 1454 Rosebank Road North, Pickering, Ontario LlV 1P4 (2> Any notice mailed as aforesaid, shall be conclusively deemed to have been given on the third business day following the date of mailing. Deed or transfer to be prepared at the expense of the Vendor on a form acceptable to the Purchaser. This Offer, when accepted by the Purchaser, shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement or the real prop- erty or supported hereby, other than as expressed herein in writ- ing. 10. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or upon the solicitor acting for the party on whom tender is desired, and it shall be sufficient that a nego- tiable cheque be tendered instead of cash. 11. Vendor to pay the costs of registration and land transfer taxes. 12. Time shall be of the essence of this Agreement. 13. This Offer shall be open for acceptance by the Purchaser until 12:00 noon on the 28th day of August, 1979, after which time, if not accepted, it shall be null and void. 14. This Agreement to be read with all changes of gender or number required by the context. - 3 - IN WITNESS WHEREOF the persons as the Purchaser have hereunto day of August, 1982. comprising the Party referred affixed their hands and seals to herein this SIGNED, SEALED & DELIVERED In the presence of MICHAEL ALEXANDER CARROLL BARBARA CARROLL IN WITNESS WHEREOF the Vendor has hereunto affixed its corporate seal, attested by the hands of its duly authorized officers, this day of August, 1982. THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk Z