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HomeMy WebLinkAboutBy-law 823/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 823/78 Being a By-law to authorize the execution of a Deed between the Corporation of the Town of Pickering and Giuseppe Nesci, res- pecting Lot 95, Plan 816, Town of Pickering WHEREAS Lot 95, according to Plan 816, Town of Pickering, became vested in the Corporation of the Town of Pickering pursuant to the provisions of subsection 2 of section 47 of The Municipal Affairs Act, R.S.O. 1970, c. 118, as amended, on January 23, 1975, subject to a right of redemption; AND WHEREAS the period for redemption expired on the 24th day of January, 1976 no one having redeemed the land; AND WHEREAS the Council of the Corporation of the Town of Pickering, by By-law 632/77 passed on the 20th day of June, 1977, authorized the sale of the said Lot to Mr. Giuseppe Nesci; 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 a Deed, in the form attached hereto as Schedule A, by which the Corporation of the Town of Pickering conveys to Giuseppe Nesci, all of Lot 95, Plan 816, Town of Pickering. 2. The Town's Solicitor is hereby authorized to make his disposition pursuant to the provisions of subsection 3 of section 5 of The Land Speculation Tax Act, 1974 on behalf of the Corporation of the Town of Pickering in affidavit form. BY-LAW read a first, second and third time and finally passed this 5th day of June , 1978. ayor TOWN OF PICKERING APPROVED AS TO FOR' I_ECAL D'_:' f. THIS IS SCHEDULE "A" TO BY-LAW NUMBER 823/78 THIS INDENTURE made (in duplicate) this fifth day of June, one thousand nine hundred and seventy-eight In Pursuance of The Short Forms of Conveyance Act and The Municipal Affairs Act BETWEEN: OF THE SECOND PART WHEREAS the herein described land became vested in the Grantor under the provisions of subsection 2 of section 47 of The Municipal Affairs Act, R.S.O. 1970, c. 118, as amended, on the 23rd day of January, 1975, by the registration of a Tax Arrears Certificate in the Registry Office for the Registry Division of Durham (No. 40) as Instrument No. D 1437, subject to a right of redemption; AND WHEREAS the period for redemption expired on the 24th day of January, 1976, no one having redeemed the land; AND WHEREAS the Grantor, by By-law No. 513/76, passed on the 15th day of November, 1976, declared the land to be required for the purposes of the Municipality of the Corporation of the Town of Pickering; AND WHEREAS the Grantor, by By-law No. 632/77, passed on the 20th day of June, 1977, authorized the execution of an Agreement between the Parties hereto for the transfer of the land in furtherance of those purposes; WITNESSETH that in consideration of the sum of Five Hundred Dollars ($500.00) of lawful money of Canada, now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him acknowledged, the said Grantor does grant unto said Grantee in fee simple. 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 Durham, (formerly in the Township of Pickering in the County of Ontario) and being composed of all of Lot 95, according to a plan registered in the Registry Office for the Registry Division of Durham as Plan Number 816. THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantor" - and - OF THE FIRST PART GIUSEPPE NESCI, Designer, of the Town of Pickering in the Regional Municipality of Durham hereinafter called the "Grantee" - 2 - To have and to hold unto the said Grantee, his heirs and assigns to and for his and their sole and only use forever. Subject nevertheless to the reservations, limitations, provisos and conditions expressed in the original grant thereof from the i j Crown. THE said Grantor covenants with the said Grantee that it has the right to convey the said lands to the said Grantee notwithstanding i any act of the said Grantor. AND that the said Grantee shall have quiet possession of the said lands, free from all encumbrances. AND the said Grantor covenants with the said Grantee that it will execute such further assurances of the said lands as may be requisite. AND the said Grantor covenants with the said Grantee that it has done no act to encumber the said lands. AND the said Grantor releases to the said Grantee all its claims upon the said lands. IN WITNESS WHEREOF the party of the first part has hereunto affixed its corporate seal attested to by its authorized officers. SIGNED, SEALED & THE CORPORATION OF THE TOWN DELIVERED OF PICKERING Mayor Clerk IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF THE: LAND SPECULATION TAX ACT, 1474 A F F I D A V I T I, C.M. Timothy Sheffield of the Town of Pickering, in the Regional Municipality of Durham, Province of Ontario MAKE OATH AND SAY THAT: 1. I verily believe that the disposition of designated land evidence in the attached instrument or writing is exempt from the tax imposed by subsection 1 of section 2 of the above Act by virtue of the disposition being: a disposition of designated land by a municipality. as provided `or by section 4 , clause (b) , subclause N/A , of the above Act. 2. 1 am authorized in writing by the transferor making the disposition referred to in paragraph 1 hereof to make this affidavit. Since the acquisition of the interest of the transferor in the designated land that is referred to in paragraph 1 hereof and that is being disposed of to the transferee named in the attached instrument or writing, no disposition with respect to such designated land has occurred prior to the disposition to the said transferee. r Sworn before me at the Town ) of Pickering in the Regional Municipality of Durham ) this 1 day of June iQ-' 8 A Commissioner, etc. C.M. Timothy Sheffield Form 130 Affidavit, Planning Act United Stationery Co. Limited, Legal Form Dept. 30 Production Drive, Scarborough lZbe Regiotrp Oct IN THE MATTER of the PLANNING ACT (as amended) AND IN THE MATTER of the TITLE TO Lot 95, Plan 816, Town of Pickering Deed. Mortgage, Agreement of AND IN THE MATTER OF A Deed Sale. Leave, etc. THEREOF, FROM The Corporation of the Town of Pickering TO Biuseppe Nesci DATED June 5th, 1978 I, C.M. Timothy Sheffield of the Town of Pickering in the Regional Municipality of Durham MAKE OATH AND SAY AS FOLLOWS: 1. Iam the Solicitor for the Grantor named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. 2. The said Instrument, and the conveyance or other dealing with land affected thereby, do not contravene the provisions of The Planning Act, as amended, because neiele (-tt#?Ire )xcsrrrt-vr?iatererF t?nmer?foe.r not-mfiirrt3m.'f[:c m-thr "egRitTf ttf-?iIC11tj72 tDS['?IC, Gf? rf if rot I>E7eexrre>t?rr„# f(rwrrrN-rrsri?lrercrerci++r,rt7mtwrtrJ-trl?rriirfnrenttefth7especttirarig'tarttl aaoue.nle dsdtbit¢?flre?txrrcl7sf frcterF-MrChc State "tl" ' The land is being disposed of by a municipality. maeon it any SWORN before me at. the Town of Pickering in the Regional Municipality of Durham this 6th day of June 1978 . A Commissioner for Taking Affidavits, ete. AFFIDAVIT OF SUBSCRIBING WITNESS °aee footnote 'See footnote I, of the in the make oath and say'. I am a subscribing witness to the attached instrument and I was present and saw it executed at by I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the in the this day of 19 ° 1t'hr a Vort,, r mblr 1" r ad the ow .....irit r o,hnrr a port, sign., by ro,Aio, )ds mark in fowign ho ..ters adz( °oRcr (he vhstnunrn( had brcn "'ad to Idro end the .p...o"d fill(, Oh ..... rrs(mnl W- tt'hers rm,,w,dondnr a pour, of it , insert "(nnmr of attorney) ., ionise. for (mine of virly) and for nazi r um sob.q lf.tl "I rnnl, believe that the person Whole signotorr ) ruifnrssed was aofhorized m eierofe the inslrwnavt ,, ottorne, far (name)" Amended. I... _ 1915 THE LAND TRANSFER TAX ACT, 1974 AFFIDAVIT OF VALUE OF THE CONSIDERATION IN [HE MATTER OF "IIIE CONVEYANCE made men+:fy by: The. Corporation ...of...the...T.own.._of-Pickering ..... ,.. ... - "' -' the Parties W the conveyance to:... Giuseppe Ne.sci on the 6th...._ ... ... day of .......Jung. _1978.... of the in the ... MAKE OATH AND SAY THA I': 1. I am named in the within (or annexed) conveyance. This c andr nlb by I h he mar be m be 2, 1 have a personal knowledge of the facts slated in this affidavit. purchaser, or vrod,., 3. (1) The total consideration for Ibis transaction has been allocated as follows: or by aayon" (a) Land goodwill , building, fixtures and $500.,00_, amok ro. them under of (b) Chattels - items of tangible persona) property (see note) .. _ $ al .._l _ attornrv or Wynn agent nrcrrdited in writing by the TOTAL CONSIDERATION ...$500..00 purrhnser, or vendor or by the solicitor of other ,f than or by (2) The true consideration for the transfer or conveyance for . rd hp .rhenn , o vv,, h ........ np Land Transfer Tax purposes is as follows: Minister of l(evenue. (a) Monies paid in cash $500.•00 (b) Property transferred in exchange (Detail Below) $ all.. (c) Securities transferred to the value of (Detail Below) $..n?l (d) Balances of existing encumbrances with interest owing at date of rill transfer .. .... $ .. ... (e) Monies seC111'ed by (Mortgage under this transaction - $ nil (f) Liens, legacies, annuities and maintenance charges to which tran sfer nil is subject $ (g) Other (Detail Below) .. ... .._._.$ nil TOTAL CONSIDERATION (should agree with 3(1) (a) above) _ $500.00 4. If consideration is nominal, is the Irmsfer for natural love and affection? No..... 5. If so, ishal is the relationship belN'ectl Gianhor and Grantee? n/a. 6. Other remarks and explanations, if necessary n/d ..... SWORN before me at the Town of Pickering in the Regional Municipality of Durham ibis day of 197 8 • (signature) A Commissioner, etc All blank, .,at be filled in. 7, TO PARAURA I'll 8fU Ih): C,hMll1,u Retail nnlrs Ina is na>able o, the valuation of items shown in 3171 (b) unless otherwise rxemntnl under the i s of 'rho itetait Sotes Tax Ar(. R.;:.0, 14711, , 115. .hv . anhrndrd- aiun the Phh rp?•sr of thhs affidavit it rrt abi,w only the 'aloe of ehatl,k. the rolol value of which in the opinion of the depo.mut e red. $I00.00 'i'hia does oral, .r Vorrhascr from the„pa>mcot of IA<ail Sal,s 'I" v tangible personal property ns part of th" transact inn. Nihon chattels n r .....chased sit of this tm n_.nrlion with a ridu, of less tluui 8100.00, the applicable tax should be paid by the oir,haeer to the ']'mash'er of Ontario and remitted e Min later of Iteven ue. AFFIDAVIT AS TO AGE AND MARITAL STATUS I/WE of the in the F if attorney make oath and say: See FrwtrmF When executed the attached instrument, I/WE at least eighteen years old strike upp out mappR ceble I was married / divorced / widower. In clauses. was my wife / husband. We were married to each other. We held the land as Joint Tenants / Trustees / Partnership Property. Resident of Canada, etc. (SEVERALLY) SWORN before me at the in the this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. A Where affidavit made by attorney suhsthute: "When I executed the attached instrument as attoNI for (Game), he/she was (manta( status, and if married, Rome of spouse), and when he/she eseauted the power of attorney, he/she had attained the age at majority". 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