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HomeMy WebLinkAbout95-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95- 42 Being a By-law to authorize the entering into of an Offer to Sell Agreement between Clifford Sloos and Rita Sloos and The Corporation of The Municipality of Clarington NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute on behalf of The Corporation of The Municipality of Clarington and seal with the Corporate Seal, an Offer to Sell between Clifford Slogs and Rita Sloos and The Corporation of The Municipality of Clarington in the form attached hereto as Schedule"A" . BY-LAW read a first and second time this 10th day of April, 1995. BY-LAW read a third time and finally passed this 10th day of April, 1995. MAYOR CLERK t O F F E R T O S E L L We the undersigned, CLIFFORD SLOOS AND RITA SLOGS, as Vendors, hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, as Purchaser, to sell all that portion of Gilmore Road, in the Municipality of Clarington, Regional Municipality of Durham, containing approximately 0.33 acres, described as Part 1 on Reference Plan 40R-16069, a copy of which is attached hereto, at the price of SIX THOUSAND DOLLARS ($6,000.00) payable, as detailed in Clause 1, on closing, which sum includes all compensation to which the Vendor(s) may be entitled under any statute of the Province of Ontario in reference to the construction, diversion, widening of the Municipal Road on the lands described above, including compensation for severance, injurious affection or otherwise arising howsoever. ADDITIONALLY, the Purchaser agrees with the Vendor(s) to the following terms and conditions: 1. The purchase price of SIX THOUSAND DOLLARS ($6,000.00) is based on the estimated cost to construct a fence along the east limit of Part 1, Plan 40R-16069 . The Vendor is to supply all materials and labour to construct a fence on the east boundary of Part 1. The Purchaser will pay to the Vendors, on closing, FOUR THOUSAND DOLLARS ($4,000.00) and the balance of TWO THOUSAND DOLLARS ($2,000.00) shall be paid to the Vendors when the fence has been constructed to the satisfaction of the Director of Public Works. 2. On or before closing the Purchaser shall pay to the Vendor FIVE HUNDRED DOLLARS ($500.00) as an allowance for legal, administrative and appraisal costs. 3. This transaction is to be completed on or before sixty (60) days from the date of acceptance hereof on which date vacant possession of the said premises is to be given to the Purchaser. 4. This agreement may be executed in counterparts and delivery of an executed copy of same by each party to the other shall constitute complete offer and acceptance thereof. Delivery of this agreement may be made by to the Purchaser at 40 Temperance Street, Bowmanville, Ontario, L1E 3A6 and to the Vendor at 6119 Gilmore Road, Newtonville, Ontario, LOA 1J0. �r 2 - PROVIDED the title is good and free from all encumbrances, the Purchaser is to be allowed sixty (60) days from the date of acceptance hereof 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 proportioned and allowed to the date of completion of the sale. THIS OFFER TO BE ACCEPTED BY THE Purchaser within sixty (60) days of the date herein, otherwise this offer shall become null and void. 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 of the real property or supported hereby other than as expressed herein in writing. UPON acceptance of this offer by the Purchaser, the said Purchaser by its servants and agents shall have the right to enter upon the property intended to be conveyed hereby for the purchase of construction and maintenance of a boulevard, road or other municipal improvements. This offer may be accepted by a letter delivered to the Vendor or mailed, postage prepaid, addressed to the Vendor at: DATED this day of 199 By �4/iffokd Sloos And By: Cr J43-r� Rita Sloos THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Mayor - Diane Hamre And By: C1 - Pa i Barrie SCHEDULE I REQUIRE THIS PLAN TO BE DEPOSITED PARE' DESCRIPTION _ INST. No. AREA(ocres) UNDER THE REGISTRY ACT. PLAN 40R- PART OF LOT 2 . D410603- ' 0.33 RECEIVED AND DEPOSITED I _ I CONCESSION 6 FEBRUARY I.IM. DATE _ r f DATE / ATURE I b&UTy LAD REGISTRAR FORTHE HURRAY JOHNSTON REGISTRY DIVISION OF DURHAM. NAME IN PRINT ( No. 40) - i N75.53'20"E ' 4; 15.00' PLAN OF SURVEY 'M Sig. �t OF PART OF LOT 2 , CONCESSION 6 , TOWNSHIP OF CLARKE , now in the b MUNICIPALITY OF CLARINGTON • _ REGIONAL MUNICIPALITY OF DURHAM BROWN a COGGAN LTD. ,O.L.S. , 1995. SCALE - 1 " 150' G_ C� Q. W � , 1 SURVEYOR' S CERTIFICATE X I CERTIFY THAT : Q 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS G. ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON THE 31st. DRAY OF JANUARY ,1995. ZA N L I �- ��. � �— FceRUaaY 1 ,1995. DATE G. 0 GLA COGGAN `s ON TA LAND SURVEYOR V g BEARING REFERENCE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE SOUTH LIMIT OF LOT 3, �7�! CON. 6, HAVING A BEARING OF N77°06'IO"E AS SHOWN ON PLAN 4OR-13851 , ^ z z MUNICIPALITY OF CLARINGTON ,REGIONAL MUNICIPALITY OF DURHAM. � J v - �- ^ NOTES a LEGEND ■ DENOTES MONUMENTATION FOUND - a DENOTES MONUMENTATION PLANTED �— `�, I J) SIB. DENOTES STANDARD IRON BAR , IB. DENOTES IRON BAR C) 1 SSIB. DENOTES SHORT STANDARD IRON BAR �- i5-00 CJ 18.0 DENOTES ROUND IRON BAR Q � (1106) DENOTES M.D. BROWN ,O.L.S. — N75.5320'E —.J is (1414) DENOTES BROWN 8 COGGAN LTD.,O.L.S. S.E.ANGLE OF f N LOT J, CQV.6 �N S 7►' ANGLE OF F 07- `Z Z Lore,CON.6 t. I+ I i '�-e11O6' ma if I CAUTION � THIS PLAN IS NOT A PLAN OF SUBDIVISION N7TOtiOR- 'WM.j �' WITHIN THE MEANING OF THE PLANNING ACT. t P�wN ion-t eaa a rw.t gg66 pp NPrUl"'O%E f r?C�'D �Ir' .!- BROWN a COGGAN LTD. �'�_ i rt a.F/!r . CG�/I►',�..'�"S',SI��r�.`s� ,5 �} ONTARIO LAND SURVEYORS b DIVISION STREET , SUITE B BOWMANVILLE,ONTAR IO 623-7251 L I C 2Z2 -T DRAWN B t M.S.J. SCALE : 1" : 150' FILE No. s 194122-R