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Home My WebLink About84-2 , . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-2 being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Newcastle and Her Majesty The Queen, in right of the Province of Ontario, represented by the Ministry of Transportation and Communications The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation seal, an Agreement between Her Majesty The Queen, in Right of the Province of Ontario, as represented by the Ministry of Transportation and COl11llunications and the said Corporation, dated the It, 7/1 day of :J?JA/v!fJeY 1984, which is attached hereto as Schedule "X". By-law read a first and second time this 9th day of January 1984 By-law read a third time and finally passed this 9th day of January 1984. "~ ~~ ~~~~~:/ t. Mayor { "~w (JA , Cl erk r Fi: e No ....UL..'/l.,.jfL:t....__.__.l . . scherlu.LL X . @ Ontario Ministry of Transportation and Communications PROPERTY PURCHASE AGREEMENT FOR INTERNAL USE ONLY CUR~ ADV. 0 EXPS. 0 W.O. No. 77 7.79-13 HWY. No. 35/115 DIST. 7 REGION Central P. PLAN No. 2390-76 REC. APP. APP. APP. I/WI' Corporation of 'lhe 'lown of Newcastle (Formerly -'lhe corporation of the Township of Clarke) OF THE Town of Newcastle IN THE Regional Municipality of Durham (Hereinafter referred to as "Owner(s)") hereby agree to sell and convey to HER MAJESTY THE QUEEN in the right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario (hereinafter referred to as "The Minister") in fee simple free from all tenancies and encumbrances except as to any registered restrictions or covenants that run with the land provided that such are complied with. my/our land in the Town of NAwaafllt:.18 (Township, City. Town, etc.) in the Regional Municipality of Durham (County, District, Regional or District Municipality) being in Part of Lot 28, Concession S, Millage of Orono (Twp. of Clarke) (Lot, Block - Concession and Township - or - Registered Planl shown as PART,,. 1 (One) on Ministry Plan p- 2390-76 Deposited deposited . in the Land Registry Office as 10R-16l8 ONE ----------~--------~----~------- ($ 1.00 ) Dollars For the sum of Receipt of which is hereby aC:knowlAdgAd. It is understood and agreed that the sum of $1.00 i8 payment in full for the above mentioned lands. No wood, fence, gates and entrances inVOlved. I ~ ~--.~.y'--~.~--;.,-----l . Continued on Page 2 . - - Page 2 - It is acknowledged that the proposed use of and construction on the lands being acquired has been discussed with me/us and that the sum set out as the consideration in this agreement includes payment for any reduction in market value of my/our remaining lands, if any, but excludes any physical damages to any remaining lands which may occur during the construction period. THIS AGREEMENT IS TO REMAIN OPEN FOR ACCEPTANCE BY THE MINISTER OR HIS REPRESENTATIVE UP TO AND INCLUDING THE 25th DAY o~ovember ,'3, and may be accepted by a letter delivered or mailed by prepaid registered post addressed to the Owner(s) and deposited in a post office on or before the aforesaid date. The Minister is to be allowed 30 days from the date of acceptance hereof to examine the title at the expense of the Minister. If within that time any valid objection to title is made to the Owner{s) which the Owner(s) is/are unable or unwilling to remove and which the Minister will not waive, this Agreement is to be null and void. THE SALE OF THE PROPERTY IS TO BE COMPLETED ON OR BEFORE THE 23rd DAY OF February 1984. Upon acceptance of this Agreement by the Minister or his representative, the Owner(s) agree(s) that the Minister shall have an immediate right to enter upon and take possession of the lands without prejudice to the rights herein. Where buildings are located on the real property being purchased by the Minister, VACANT POSSESSION SHALL BE GIVEN ON CLOSING. Rentals and mortgage interest. if any, and taxes including local improvements are to be adjusted at closing, and utilities and fuels, if any, are to be paid by the Owner(s) up to closing. Tenant(s). if any M/A Mortgagee(s). if any All buildings and equipment. if any, on the real property shall be and remain at the risk of the Owner(s) until closing. The Minister does not require assignment(s) of the fire insurance. However, the Owner(s) agree(s) in the event of damage to hold any fire insurance policies or proceeds in trust with the right of the Minister to demand the proceeds and complete the purchase. Any adjustment of assessment of any remaining lands of the Owner(s) shall be the responsibility of the Owner(s). This Agreement, when accepted shall constitute a binding Contract of Purchase and Sale. The Owner(s) covenant(s) and agree(s) with the Minister to do nothing, after the execution of this Agreement by the Owner(s) and while this Agreement remains in effect, to encumber the property agreed herein to be sold and conveyed. Any Deed or Transfer is to be prepared at the expense of the Minister and any tender, pursuant to this Agreement, of documents and/or money may be made upon the Owner(s) or the Owner(s) solicitor, or the Minister, and the money may be tendered by a Province of Ontario negotiable cheque. I/We hereby acknowledge that this Agreement is not made subject to any promises by any agent of the Minister of Transportation and Communications and I/We understand that this Agreement shall not bind the Minister of Transportation and Communications until accepted in writing by or on behalf of the Minister of Transportation and Communications. N/A DATED at~~ lJJ-C ~).:;:c..uC~: this Ib 7t.. day of '9~ Witness e e II j:r ~ o i;: ~ 2 P::R~ T)\'==-- ~~-~~~:~~R I04'f)~J;~ a ~,J/s- / ~ g ~fi/ \ / '\ If j J. jf r T g.\ I /' t \ ~ L7~~~.!~; ~~-i 5\8\\iGt' \ \ r PART-III ~ I PLAN 10 R -1552 L'~2390.:.?~.J~ ~ 'i - 1\ WIT ~~~; r:~~8 ~t,5?~ \ .:.o~~ 0\)10_".:.- ~""~'i ~i; ~ ~ S.I.B.(M.Te.) \ NI0009~ 28.848 INST N 18571{' \ ". m,' " . ----\ PART .1 C M(MIC) \\___ - 184.986 N IOo09'57"W / THE KING'S HIGHWAY 35 AND / WIT ~S'I'B(MTC.) (BENT) RESET 18~ 15.240 -------- . 4 lq,~:V j' ~\ ~ no ~. ~~g ~~ On~ ~ ;I"lr ~COR1'Ie:.R B'I r4fd ~ YJ, 5 ~~ EST~~g>ri-"2390-13) __ -- _ I~S1'\6Z ~ ~ ~ ~\P 1905z'z7"W\INS1'. t118!'>77) LINE F- Ill?, ~ ~ -II-LOT 1"l~1"l ~~; / gUl~\ ~ , . ~ l ,- ... , ~- PLAN to R - lfcf8 TOWN OF NEWCASTLE GEOGRAPHIC TOWNSHIP OF CLARKE CONCESSION LOT 28 5 C tf t} ------- ------ ------ METRIC DISTANCES SHOWN ON THIS PLAN ARE I N METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT ~\ ~