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Home My WebLink About84-32 :" .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-32 being a by-law to authorize execution of an Agreement for the sale of a 4.99 acre parcel of land to John Philip Mara 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 Corporate Seal, an Offer to Purchase and Agreement of Purchase and Sale, with respect to the sale of a 4.99 acre parcel of land to Mr. John Philip Mara. The lands are more particularly described as being situate on the west side of 'Old Scugog Road' in the geographic Township of Darlington, now in the Town of Newcastle, Region of Durham and having a deed measurement of 330 feet more or less, on the north boundary and 660 feet more or less, on the west boundary, being Part of Lots 15 and 16, Concession 4. A copy of the Offer to Purchase and Agreement of Purchase and Sale is attached hereto as Schedule IIAII to the By-law. By-law read a first and second time this 27th day of February 1984. By-law read a third time and finally passed this 27th day of February 1984. / ,~~~~ t ~ . '..........; l~zLJ '" er~' ..---- I eJCV J ~7 - I Fi:, flo.n..! Vi, 7- I ~ I / -_...~--...-. .----.----....--------.--...-.........--............... , SCHEDULE "A" TO BY-LAW 84-32 ~ AMENoto MARCH 1982 .;; Dye & Durham Co. Limited, 160 Bartley Drive, Toronto Form No. 116 J OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE 1/W!Jl:..... . .....~<'.J::1? ..~J::1.~.1..~.l?...~1.~.J:'.~. .... Town Newcastle of the ........ .................................................... of ............ ................ .........(as purchaser) having inspected the property hereby agree to and with THE CORPORATION. OF THE TOWN OF NEWCASTLE (as vendor), through .......................... no Agent for vendor to purchase all and singular the premises sitllate on the west ,..,..,....side of ...'o~.<l.'..~c.l1:g<'.g.. Road In the.....g;~~g;:r:~.p.?~.~....~.O'~.~~.l1:~P.....().~...?E3::r:~~~g;.~O'~.'..~o.~ Town ..()~, ~e.\\T~~~t~~'...~~~~()~ of Durham , a parcel of land with deed measure of 330 north boundary known as ........aiid...660.;OO'.west...bourid.ary.{easf.bOundatyabti\S"sifid'''road) ..."....,... (herein called "the real property") -tmvlng-fn:m~abom ..~. ......with.. 'r-espec-tive"'aetual..:nmre1)r1ess;tlY'lJ'depth'Uhroout""... ...... ".. ...... ...... ..... ........, more or less, measures as ,327.00 'and 589.25 ~espectively being part of lots 15 and 16 being ............................................. ..........Lot No. '..C6hC~....4,..acc~Jr~ri~ Pla~ !'la2"he.t't'at'ej3"'(a:ppt6x'~4~99"actes) ** Registered in the Registry Office. ....El.J..~gw:m~'l)],y:i,1.:l~..QJ:l:t.1:lr.:i,()...p.~:i,J:lg...:N.~W~1:l.~1:J~...Nq~..:L'O'... at the price or sum of., ....~~:::~J::1i.:r::~y:-::~i.gJ:1.t...t:J:1()':lE;Cind-::-.':':'':':'':':'':':'::-:-:::-:::-:::-:::-:::-:::-::::::::::::::::::::::::::-::-:::-::--::--::--::--::-.-::--::--::-::- , Dollars (C::-2~,()OO~OO::- -----Five Hundred -------------------------------------------- 500 00 as follows:.............................. ................. . Dollars ($.::-.~........,~.............) cash or certified cheque to the said Agent/Vendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement, and to be credited on account of purchase money on closing, and covenant, promise and agree to pay the balance on closing in cash or by certified check payable to the vendor or its nominee by direction in writing. Vendor warrants that the municipal zoning and the relevant Official Plan provisions of the Region of Durham permit erection and use of a residential dweiling on the lands and that the zoning is Agricultural under Darlington Zoning by-law #2111. Vendor further warrants there is no maximum limit on building size, only a minimum of 1200 square feet for a one stor~y residence and that it is lawful to build a one storey single family residence approximately 2700 interior square feet on ground lev~l. Vendor further warrants by-law set back requirements are minimum 50' front-yard, minimum 20' side-yard and minimum 50 foot rear-yard. Vendor further warrants there are no restrictions against the above or against development of the lands for residential use by the Central Lake Ontario Conservation Authority, or any other lawful authority, municipality or other lawful jurisdiction whatsoever, or by the Province of Ontario Vendor further agrees that all the above undertakings survive closing, and agrees to give a written confirmation of same on closing. All fixtures shall remain with the property, except: ** said lands shown on survey attached to this agreement and part thereof n-a and the following chattels, the property of the Vendor, shall be included in this sale for the price above.mentioned: n-a This Offer shall be irrevocable by the Purchaser until. . ;1,1... .5.9 . P.M. on the. . . .2.5.th . . . . . . . . .. . " . day of . . . . . . J anuar.y. . . . . . . . . . 19.84. . after which time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser withOUt interest or deduction. PROVIDED the title is good and free from all encumbrances, except as aforesaid, and except local rates and minor easements for hydro, gas, telephone or like services to the property; said title to be examined by the Purchaser at his own expense, and the Purchaser not to call for the production of any title deed, abstract ottitle, survey, proof or evidence of title, other than those in Vendor's possession or under his control; and provided the same have been complied with, the Purchaser to accept the property subject to municipal requirements, including building and zoning by-laws, minor easements as above-mentioned, and to restrictions and covenants that run with the land. The Purchaser to be allowed . . . . . . .~O . . . . . . . . . . . . . days from the date of acceptance of this Offer to investigate the title at his own expense, and ifwithinthattimehe shall furnish the Vendor in writing with any valid objection to the title, or to any outstanding Municipal work orders or deficiency notices affecting the real property, or non- compliance with zoning by-laws, or that the present use of the property may not be lawfully continued, or that the buildings on the property may not be insured against risk of fire, 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 and the Agent 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 real property. The Vendor hereby consents to the muniCipality releasing to the Purchaser details of all outstanding Municipal work orders or deficiency notices affecting the real property. This Agreement shall be completed on or before the. . . . . ).6 ~.~. . . . . , . . . . day of. . . ~?l?~.lf. . . . . . . . . . , . . . . . . . 19 ~~. . on which date vacant possession ofthe real property is to be given to the Purchaser, or he Is to accept the present tenancies and to be entitled to the receipt of rents and profits thereafter, Until completion of sale all buildings and equipment on the property shall be and remain. at the risk of the Vendor until closing and the Vendor will hold all policies of insurance affected on the property and the proceeds thereof in trust for the parties hereto, as their interests may appear. In the event of damage to the said buildings and equipment before the completion of this transaction, the Purchaser shall have the right to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupon the Purchaser shall be entitled to the return, without interest or deduction, of all moneys theretofore paid on account of this purchase. Unearned fire insurance premiums, fuel, taxes, interest, rentals and all local improvements and water rates to be proportioned and allowed to the date of'completion of sale. Deed orTransfer to be prepared at the expense of the Vendor on a form acceptable to the Purchaser's solicitor, and if a mortgage is to be given back, same to be prepared at the expense of the Purchaser on a form acceptable to the Vendor and drawn pursuant to the Short Forms of Mortgages Act, Ontario. This Agreement shall be effective to create an interest in the real property only if the applicable land division provisions of the Planning Act are complied with, and the Vendor agrees, at his expense, to comply with such provisions and to proceed diligently with the application for such compliance. The Vendor, on or before completion, will produce evidence that he is not, and upon the completion of the transaction will not be, a non-resident of Canada within the mel"'" :' ,", '",om. ;' ; _"' ~";: 'J-reSident, that he will comply with the provisions of Section 116 of the Income Tax Act. (over) By law NO.._mn_..._.h__...h._.....:_:.-~ f "-, The affidavits required under The Land Transfer Tax Act shall be prepared by the Purchaser. "" . This Offer, when accepted, 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 property or supported hereby other than as expressed herein in writing. 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 de- sired, and it shall be sufficient that a negotiable certified cheque be tendered instead of cash. Each party to pay the costs of registration and taxes on his own documents. This Offer and its acceptance to be read with all changes of gender or number required by the context. DATED at Newcastle this 10th day of January 11'84 . IN WITNESS WHEREOF have hereunto set hand and seal. .....~<~........4.... ~r /~ Philip Mara (Affix Seal) ,. (Affix Seal) Purchaser I. I/WE, hereby accept the above offer and its terms, and covenant, promise and agree to and with the above-named Purchaser to duly carry out the same on the terms and conditions above mentioned, and W Jt. hereby accept the deposit of $ SOO. C6 nut nf ..,h;~q tRll llgllRt, Reres, BlItRer iaEl1e retaiR 98FRMiS8iSA 8f ~8r gaRt sf aR 8R=18l::1Rt 8'{"81 19 tl:le alas"s FR8AtisA88 sale filriGs; PRQ\lIQiQ tRat RS e9Rl",i68ieFl 8RSII De pa:;a~18 "Riess iA&I WRtil tl:lis traAoQ1?tiQA jt; ~QmF'~.9~ The Spouse of the Vendor hereby consents to the sale of the real property and agrees to join in the conveyance tJ'lereof, (Strike out above if not applicable) E') DATED at Newcastle this '7- q # day ot J.8nt1~.lJ u- - - j 19 84, IN WITNESS WHEREOF Lv-t.. have hereunto set QJJr hanQ$' and seal. SIGNED, SEALED AND DELIVERED In the presence of: ..,......................... ....................,......", ..,.,,'.....',.., (Affix Seal) THE CORPORATION Q'PlnCllHE TOWN OF NEWCASTLE . ~bY i~~s~...~.~y'. a.p.?o.~.~t:d and.. authorizedo~t~~;aT,rs ~ ./ Vendor '.. MAYOi..~.'.::....~r... ... ... (Affix Seal) Spouse of the Vendor I hereby acknowledge receipt of signed copy of this accepted Agreement of Purchase and Sale. I he nowledge receipt of signed copy of this accepled Agreement of Purchase and Sale. ~,<';''''~ .....p ............... .., ,..,..."..... ,Dater/tJ1J (Purchaser) . , .,. ....,......,'.. z/l!si T'tr2Ff!i;;'" !14?:c?f IffY "...... Date, (Vendor) Address:, ..dO'...~~...,.. ~ Telephone No... ,..(P?:-.3..~..~1.71... ........ . .................. Vendor's SOlicitor..~~.,.k~. ~..~~::..~.: ....~.I..?../~P..f!...~....~~TJ7 "". Date, (Purchaser) Address:.... Hampton, Ontario bus. 623-2518 Telephone No., Purchaser's Solicitor ... P()l!9.~1\~.. .J,.~. ..~. AgJ3. :E~",...""..,.,....., Box 339,Bowmanvi11e,Ont. LIC 3LI . 1 l ,., . t .' I j ~ I I i I j i I l: t>:.;":;C.&:/l::r-or , ' I ~O: i~ ,~~ .l.:~r:~' '. " :,~f>!':,~..'/',~ .~' ' . '.:',1>' ~ .~;'.' ",. - T~, ~ '~@ , ;r~:, \ \;. ':...~ """.0.. ~!~ . :.. 1 ' : ':%~II'dO !>G' i t~'_I.2~'~:}~.,,~... .. \.:~::, ;;."--' ' ~ ~ . ~ I i "},.' "., ' , .:i' ~,. " . , "r . .. ~ . I I I \ I , i ! I 1 i' '.;, I I tt~ 11-/, ~ '1 b./' '( , ., 1/ ~ ~) 1,' I I I I I i ~, ' ! · \.,0\ ... ,.' -,'~ .. .,J ."c .'"J 411'./' , .,/ " ~ 011 (,. y,- ~ , ~'h-tltl " }/ ,/ j' . I I ! f" I ,'." oJ Lr~ ~.j '.J'. , J t "J':'''V '-_"" ,_" , ~ ',. :....... It ,.... ,'-' \..~ I ,. PART OF' LOT 15 (did l G CO;\JCC:SSIO;\J 4 1- I'"' \ . .." ~:~.' l r,'" ,.. ,- D.... r-o I " ,.... . . ~ u..,"'_!~. ~)r ,...."d_I,'J,.:.,.'vlJ . (~0~J:j~."'.' (;r~ UUf\l ::.\..; l" " . , . . b1 {'/ I <0 / '1 //,0'/, 0 " ''1 I ';.0 ~ . , I I 1:1 '\ Il.. I ' 0'1 ; 1,-/' - "0 to, I - ~ ~I, :; !, t\,' (~;Jg'~~.,E LI c.:l I 'I' 11. l? I t =~ ! " . I k., . \ ~'. ~ \ \.' & N?~:14~~:E Nn,04B'E \@ ., ~..~ -j ... 200.:!I4' ~ I' Iii,' I.a, \ . ~ss'~ I I \ \~ ~74~14'40 ': .. .- 424,;':0',' I~. '~NCi " \-.. l.i 10.0 AC. 1 F Ii"! 'r I '1' t. Il) I " \1 ~,\: ::, . I'; f ., . \, ;.. -' \.: "~ ,. . . i. I' .. ','.f ." : .4~'t ",0;. -;, 1 ", . "; , -,~: ,.~' . '- ~ - ". )r' . .. , . I' I I' t . , :, '1"0-. .' t. " , ...... ............... .. ........h. !' r!". .' ,."..,J-lIrC: CI ^....... " n,,,. C I "..1 "lI"'~' ' -........., ~:. ,~, I ..' ~ . , . .~ ~ -~"';' .~. -..- ~~',. ~ . .--- '1~ ~. '~..' , .'~ '"J>-' f' c' \.'D.io-:t1~ '~P,Q:" ~" .' "t.. " .\ ~~~/ .~ ''''''':~'';'''- . .\ Ij ). '\ .')~' ~' 'r' ' ~ ~',' " " ' '1: "'" l~ ~~" l~ ' ,;. "~ ~ " f .~. ::" r \1 f 'I . :t ~,: ~..~...t1d' ' ~'~"i\ ;;(~ " . '~ l- . . ' , ' \ '-!." . .:' .c,';. ~. :"~~';5 .~1.~", ;',1' ~.'. .,\ ~ ;". " I 1 \ \ \ ~,O~~ ~ '\\ ~ /'\ ":,,:' I "Uf~7J~ \ '\ f \ " , \ \' -,..~~.. , . .~. . . ';;.. ,:1. L. ' " O'.;',T"i.,_', : ,".-' " . ?:/;r>f~l" -{ -~-, ;:::: .~~. 1:', fJ;:"~ ~"""",,.r:~ ......"~.'M',..''',,'c,, ' ,', ",' }TV: .. ',', ,._~"",_~..-'J--;"'" ,J!.f:!;[",-r'" y.r.-, ,,,~.. ..-- ~ :--..~.~.~~_w'\l!'<r~.l ~. u._ k'..<J. ~ ,r;'.'.~, 'l,~1 ",~ .,.,.",_1 t ~ . .... - . . ... .. , . ^~.ME~~T TO AGREEMENT OF PURCHASE AND SALE BETWEEN: JOHN PHILIP'MARA-----purchaser and THE CORPORATION OF THE TOWN OF NEWCASTLE------yendbr; Re; parcel approximately 330'by 660 feet west side old Scugog Road part lots 15 and 16 cone. 4, (Darlington twp. now Newcastle) I, the purchaser hereby extend the period during which the above offer contained in the above agreement of purchase and sale is irrevocable to and until 11.59 p.m. on the 29th day of February 1984 instead of the same time on Jan. 25th 1984 as originally set out in said agreement. I further extend the closing date as set out in said agreement from the original date of March 16th 1984 to and~until the 30th day of March 1984. All of the above is granted in exchange for valuable consideration and is oinding upon the purchaser, his heirs, executors assigns etc. Dated at Newcastle (Bowmanvi1le) this 13th day of February, 1984. 1 By'law No...K~.=3..l.m.....1