HomeMy WebLinkAboutBy-law 1551/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1551/82
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 3, 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 3, 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.
Cl'er}~
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 property,
agree to and with THE CORPORATION OF THE TOWN OF PICKERING (hereinafter
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 3 on Plan 40R-7048, consisting of 327 square feet (herein referred
to as the "real property") upon the following terms and conditions:
The purchase price for the real property shall be the sum of TWO
HUNDRED AND ~ENTY 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)
Title to the real property shall be taken in the name of the
Purchaser or the name of the abutting landowner to the north
if the latter is not the same as the former at the date of
closing hereof.
(2)
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.
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(1)
(2)
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, Picketing, 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 L1V 1P4
Any notice mailed as aforesaid,
to have been given on the third
date of mailing.
shall be conclusively deemed
business day following the
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 writing.
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, 1982, 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 comprising the Party referred to herein
as the Purchaser have hereunto affixed their hands and seals this
day of August, 1982.
SIGNED, SEALED & DELIVERED
In the presence of
MICHAEL ALEXANDER CARROLL
BARBARA CARROLL
IN WITNESS WHEREOF the Vendor has
attested by the hands of its duly
August, 1982.
hereunto affixed its corporate seal,
authorized officers, this day of
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk