HomeMy WebLinkAboutBy-law 1115/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1115/80
Being a By-Law to authorize the execution
of an Agreement of Purchase and Sale between
the Corporation of the Town of Pickering and
William Angus McKay and Melba Emma McKay with
respect to Part Lot 18, Range 3, Broken Front
Concession designated as Parts 4 - 8 inclusive
on Plan 40R-2638 (Clements Road).
WHEREAS, pursuant to the provisions of section 336 of
The Municipal Act, R.S.O. 1970, c.284, the council of every
municipal corporation may pass by-laws for, inter alia, ac-
quiring any land required for the purposes of the corporation;
and
WHEREAS the Corporation of the Town of Pickering
requires that part of Lot 18, Range 3, Broken Front Concession,
Pickering, designated as Parts 4 - 8, inclusive, Plan 40R-2638,
for the purpose of providing a public highway.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
and Agreement of Purchase and Sale, in the form
attached hereto as Schedule "A", between the Corp-
oration of the Town of Pickering, as purchaser, and
William Angus McKay and Melba Emma McKay, as vendors,
respecting that part of Lot 18, Range 3, Broken
Front Concession, Pickering, designated as Parts 4 - 8,
inclusive, on Plan 40R-2638 (re: Clements Road Extension).
BY-LAW read a first, second and third time and finally passed
this 21st day of April , 1980.
TOWN O
PICKERI
APPROVE
AS TO FO[ M
LEGAL
SCHEDULE "A" to By-law 1115/80
THIS AGREEMENT made in duplicate this day of
1980.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Purchaser"),
OF THE FIRST PART,
- and -
WILLIAM ANGUS McKAY and
MELBA EMMA McKAY
(hereinafter called the "Vendors"),
OF THE SECOND PART.
WHEREAS the Vendors are the owners in fee simple of
the lands and premises more particularly described in
Schedule "A" hereto (hereinafter called the "lands"); and
WHEREAS the Purchaser requires the lands in order
to extend and construct a public highway, to be known as
Clements Road; and
WHEREAS the Purchaser would have expropriated the
lands, pursuant to the provisions of The Expropriations
Act, R.S.O. 1970, c. 154, as amended, but for the fact that
the Purchaser and the Vendors were able to agree upon the
terms and conditions of a conveyance thereof; and
WHEREAS it is desirable to set out the said terms
and conditions;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in
consideration of the mutual covenants and agreements here-
in contained, and subject to the terms and conditions
hereinafter set out, the Parties hereto agree as follows:
1. The Purchaser, having inspected the lands, shall pur-
chase from the Vendors, the lands more particularly
described in Schedule "A" hereto, which schedule forms
a part of this Agreement, upon the terms and conditions
herein set out.
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2. (1) The purchase price for the lands shall be the sum
of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00)
payable as follows:
(a) FORTY THOUSAND DOLLARS ($40,000.00) by cer-
tified cheque to the Vendors as a deposit
to be held in trust by them 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 tran-
saction is not completed; and
(b) THREE HUNDRED AND SIXTY THOUSAND DOLLARS
($360,000.00) by certified cheque to the
Vendors on closing, subject to adjustments.
(2) The said purchase price includes the sum of ONE
HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS
($175,000.00), being the purchase price for the
existing dwelling and the one acre of land related
thereto.
3. (1) The closing of the transaction shall be subject to
the proviso that the title is good and free from
all encumbrances, except local rates; title is to
be examined by the Purchaser at its own expense,
and the Purchaser shall not call for the production
of any title deeds or abstracts of title, proof or
evidence of title, or have furnished any copies
thereof, other than those in the Vendors' posses-
sion or under their control.
(2) The Purchaser shall accept the lands subject to the
restrictions and covenants that run with the land
providing the same have been complied with.
(3) The Purchaser shall be allowed thirty (30) days
from the date hereof to investigate the title at
its own expense, and if within that time it shall
furnish the Vendors in writing with any valid ob-
jection to the title which the Vendors shall be
unable or unwilling to remove, and which the Pur-
chaser will not waive, this Agreement shall be
null and void and the deposit money forthwith re-
turned to the Purchaser without interest.
4. The deed to be delivered by the Vendors to the Pur-
chaser shall be in the usual statutory form, prepared
by the Vendors, and shall convey a good and marketable
title to the Purchaser free of all encumbrances save
and except the original grant thereof from the Crown.
5. Prior to the closing of this transaction, the Vendors
shall obtain a quit claim satisfactory to the Purchaser
from those persons, their heirs, executors, adminis-
trators, assigns and successors, presently entitled to
a right-of-way over that portion of the lands desig-
nated as Part 8, Plan 40R-2638, which quit claim shall
be held in escrow by the Purchaser until such time as
an alternate access is provided, at the Purchasers ex-
pense, for the lands presently owned by those persons.
- 3 -
6. Taxes, interest and all local improvement and sewer
and water rates shall be proportioned and allowed to
the date of closing of this transaction.
7. The closing of this transaction shall be completed on
or before August 15th, 1980, on which date possession
of the lands shall be given to the Purchaser.
8. Any tender of documents or money hereunder may be made
upon the solicitor acting for the Party on whom tender
is desired and it shall be sufficient that a negotiable
certified cheque may be tendered.
9. (1) The Vendors shall demolish and remove from the lands
all buildings and structures presently located
thereon, such demolition and removal to be completed
on or before October lst, 1980, and for this purpose
the Purchaser shall allow the Vendors, their em-
ployees, agents, servants and contractors to enter
upon the lands at all reasonable times.
(2) All buildings and structures on the lands shall be
and remain at the risk of the Vendors until the com-
pletion of the demolition and removal thereof, not-
withstanding that the Purchaser may have been given
possession of the lands prior to such completion.
(3) In the event of damage to the said buildings and
structures, other than any occasioned in the demo-
lition and removal thereof, before the closing of
this transaction, the Purchaser shall be entitled
to an abatement in the purchase price in the amount
of the value of such damage as estimated by an in-
dependent insurance appraiser selected by the Parties.
10. The closing of this transaction shall not merge any
covenant, agreement, term or condition herein contained,
all of which shall survive such closing and continue in
full force and effect.
11. The Purchaser shall pay its own registration fees and
land transfer tax.
12. There is no representation, warranty, collateral agree-
ment or condition affecting this agreement or the lands
or supported hereby other than as expressed herein in
writing.
13. This Agreement shall enure to the benefit of and be
binding upon the Parties hereto, their respective heirs,
executors, administrators, successors and assigns, and
constitutes a binding contract of purchase and sale,
of which time shall, in all respects, be of the essence.
- 4 -
IN WITNESS WHEREOF the Party of the First Part
has hereunto affixed its corporate seal, duly attested
by its authorized officers, and the persons comprising
the Party of the Second Part have hereunto affixed their
hands and seals.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN
OF PICKERING
In the presence of
Mayor
Clerk
William Angus McKay
Melba Emma McKay
SCIIEDULE "A"
All and singular that certain parcel or tract of land
and premises situate, lying and being in the Town of
Pickering in the Regional Municipality of
Province of Ontario and being composed of
Lot 18, Range 3, Broken Front Concession,
Parts 4, 5, 6, 7 and 8 according to a pla
deposited in the Land Registry Office for
Division of Durham as Plan 40R-2638.
Durham and
those parts of
designated as
of reference
the Registry