HomeMy WebLinkAbout93-169 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 93-169
Being a By-Law to authorize the execution of an
Offer to Sell between Grant Edwards and Sandra Edwards
and the Corporation of the Municipality of Clarington
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute,
on behalf of the Corporation of the Municipality of
Clarington and seal with the Corporation seal, an Offer to
Sell between Grant Edwards and Sandra Edwards and said
Municipality for all that portion of Part of Lot 1, Plan 150
(former Town of Bowmanville) , Municipality of Clarington,
and all of the Vendor's right, title and interest in part of
the Original Road Allowance between Lots 10 and 11, Broken
Front Concession, Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham,
as outlined in Schedule "A" .
2 . THAT the Offer to Sell attached hereto as Schedule "A" forms
part of this By-law.
By-law read a first and second time this 25th day of October
1993.
By-law read a third time and finally passed this 25th day of
October 1993.
i
Mayor
C rk
r ,
OFFER TO SELL
Grant Edwards and Sandra Edwards, as Vendor hereby agrees to and with The Corporation
of the Municipality of Clarington, as Purchaser, to sell: a) in fee simple, all that portion
of Part of Lot 1, Plan 150, (former Town of Bowmanville) Municipality of Clarington,
Regional Municipality of Durham, as outlined on Schedule "A" attached to and forming part
of this offer (the "Fee Lands"); and b) all of the Vendor's right, title and interest in part of
the Original Road Allowance between Lots 10 and 11 Broken Front Concession Geographic
Township of Darlington, Municipality of Clarington, Regional Municipality of Durham as
outlined on Schedule "A" (the "Road Lands")
at the price of FIFTEEN THOUSAND ------------ ($15,000.00)----------- DOLLARS
payable on closing, which sum includes all compensation to which the Vendor may be
entitled.
ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and
conditions:
1. The Transfer/Deed of the Fee Lands, save for the Land Transfer Tax Affidavit, shall
be prepared in Form 1 pursuant to the Land Registration Reform Act at the expense
of the Vendor;
2. The Transfer/Deed of the Road Lands save for the Land Transfer Tax Affidavit,
shall be a quit claim prepared in Form 1 pursuant to the Land Registration Reform
Act at the expense of the Vendor;
3. a) The Vendor:
i) represents and warrants that they have acquired title to the Fee Lands
by operation of the law of adverse possession and that they can establish
actual, continuous, open, undisputed, peaceable, visible, notorious and
uninterrupted possession of the Fee Lands for a period exceeding ten (10)
years; and
ii) agrees to initiate an application in the Ontario Court (General
Division) on notice to the Purchaser and to Central Lake Ontario
Conservation Authority pursuant to the Vendors and Purchasers Act for an
order (the "Court Order") that any requisition made by the Purchaser that the
Vendor cannot establish good and marketable registered title to the Fee
Lands under the provisions of the Registry has been properly answered
by the Vendor by having established title to the Fee Lands by operation of
the law of adverse possession;
b) Notwithstanding any other provision of this agreement, the Purchaser agrees
to accept title to the Fee Lands established by operation of the law of adverse
possession if:
i) the Vendor obtains the Court Order within ninety (90) days of
acceptance of this offer;
ii) the Court Order is final and not subject to appeal; and
iii) the Court Order is registered against title to the Fee Lands at the cost
of the Vendor.
and failing the satisfaction of any of the foregoing this agreement shall be null and
void and neither the Vendor nor the Purchaser shall have any further obligation
hereunder.
4. The Purchaser shall be credited towards the Purchase Price with the amount, if any,
which shall be necessary for the Purchaser to pay to the Receiver General of Canada
- 2 -
in order to satisfy the Purchaser's liability in respect of tax payable by the Vendor
under the non-residency provisions of the Income Tax Act. The Purchaser shall not
claim such credit if the Vendor delivers, on closing, the prescribed Certificate or a
Statutory Declaration that the Vendor is not then a non-resident of Canada.
I
5. Time shall, in all respects, be of the essence hereof, 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 Purchaser and the Vendor or by their respective
solicitors who are expressly appointed in this regard. Any tender of documents or
money may be made upon the Purchaser or the Vendor or upon their respective
solicitors and money may be paid or tendered by cheque certified by a Chartered
Bank or Trust Company.
"t
6. This Agreement and the closing of the transaction shall be governed by the laws of
the Province of Ontario.
i
7. Provided the title is good and free from all encumbrances and restrictions. The
Purchaser is 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 which the Vendor shall be unable or unwilling to remove, and which the
Purchaser will not waive, this agreement shall be null and void. Adjustments to be
apportioned and allowed to the date of completion of the sale.
k
8. The Purchaser agrees to accept the Property on an as is whereis condition. After
acceptance of this offer the Purchaser shall be entitled, upon notice to the Vendor,
to inspect the Property including the interior of the building situated thereon from
time to time.
THIS OFFER TO BE ACCEPTED BY THE Purchaser within sixty (60) days of the date
herein, otherwise this offer become null and void; and the sale to be completed on or before
fifteen (15) days from the date of entry of the Court Order on which date vacant possession
of the said premises is to be given to the Purchaser. This Offer, when accepted, shall
constitute a binding contract of purchase and sale and time in all respects shall be the
essence of this agreement. 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.
This offer may be accepted by a letter delivered to the Vendor or mailed, postage prepaid f
addressed to the Xk 8.
Vendor's Solicitor at Suite 800, 30' Eglinton Avenue West, /c� v�
DATED this day of 1993. Mississauga, Ontario. L5R 3E7.
nt Edwards
Sandra Edwards
This offer accepted by the Purchaser this day of , 1993.
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
E
• I
B
Mayor - ne amre C
Cl k rie i
o_cnm
rock ,
v
CD 0 <
W ,
D
0�(TtC' �L_�ih 1 L—' '�L_L. L_!-1 V I ✓ „) n -t Z {� 1
CD F! DmG) N
o � _ —+
0 w Orr, N!7°38' 30"w - - r3A15'•_
OD Z) p
zrn
m
1
L Hedge Cedar
G)� ; 1.5 �; n d cn 0
Z „ a IS m
ro
o road Allowance Between ! Lots 10 and - 1 o
fTt o; cD K 4 —
o cD cD
� m
(Lberty Street) �►
o
Q z Do x
o
not open) (opera z
n"i
m �N Area 0.23 Acres c�0
2o't %gmftmd PW 150 and set �
0 90,00,L f -- cn Lo
a 1 r rc = c.L.o.c:a a py $ fast. �' h2 �� 7o7s72
Q , r_�.. i o $ N , p g
fy 9c ao�'• �-_ � 9aoo' -
( i .NrT-38"30"W r` n n n 1 F30.50'f 'a 2 r s
1
0 0 0 Ins!. No 6!576 �3
CL
jo
w
O I �
o E
4
P i
iw