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HomeMy WebLinkAbout95-54 i I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-54 I being a by-law to authorize the entering into of an Offer to Sell Agreement between Curtis Rodney Trimble and Beth Anne Trimble and the Corporation of the Municipality of Clarington NOW THEREFORE BE IT RESOLVED THAT 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 Curtis Rodney Trimble and Beth Anne Trimble 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 24th day of April 1995 By-law read a third time and finally passed this 24th day of April 1995 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: MARIE MARANO, TREASURER From: PATTI L. BARRIE, A.M.C.T. , CLERK Date: OCTOBER 24, 1995 Subject: PURCHASE OF PROPERTY - 61 WEST BEACH ROAD AND 63 WEST BEACH ROAD Enclosed please find copies of two letters received from Nick Macos,. Shibley Righton, advising that the purchase of property located at 61 West Beach Road (vendors Norman Kenneth Crocker and Bette Mare Crocker) and 63 West Beach Road (vendors ` °hurt o n"ey ,.Ti le and�e Arise --I has has been completed. If you require any further information, please advise. *t � r Cler k PLB/ms Enclosure cc: J. Caruana, Director of Community Services Shibley Right®n Barristers & Solicitors RICHARD I—SH MLEY,Q.C. RUPERT F.RIGHTON,O.C. HAROLD H.ELLIOTT,O.0 NICHOLAS T.MACOS DENNIS G HEFFERON DONALD K ROBINSON,Q.C. T S i°S.MASON BARRY S.WORTZMAN,Q.C. JOHN P.BELL MICHAEL FTTZPATRIM Q.C. DIRECT IINE.(416)214-52,40 GEORGE CORN V.ROSS MORRISON LINDA S.BOHNEN MICHAEL C.BIRLEY PETER C.WILLIAMS PAUL E.Me1NNIS PETER G.NEISON CLIFFORD L COLE JONATHAN H.FLANDERS FAX:(416)214-5438 CHARLES SIMCO THOMAS A.STEFANIK VALLIAM L NORTHCOTE HELDER M.TRAVASSOS PETER V.RAYTEK J.JAY RUDOLPH MARTIN J.HENDERSON NICHOLAS T.MACOS RICHARD E.COLES ALEXANDER P.TORGOV CHARLES M.GASTLE PHILIP P.IIEAT RY CHARLES G.T.WIF.BE J.PAUL R.HOWARD LEONARD D.RODNESS SANDRA E.DAWE LINDA J.GODFL JANIS E.INGRAM BOX 32-401 BAY STREET CHRISTINE M.SI VERSIDES THOMAS McRAE JAMES W.BUSSIN TORONTO,CANADA CRAIG A.LEWIS JENNIFER L PERRY WILLIAM A.CHALN93RS MSH Z71 FL2AREIH G.MARTIN KENO CHAN DEZ WINDISCHMANN(1970-1995) SUITE 1800 COUNSEL THE SIMPSON TOWER MARTIN L O'BRIEN,Q.C. BARRY D.LIPSON,Q.C. October 12, 1995 Pile No. 9500328 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario. L1C 3A6 < i Attention - Joseph Caruana 1 01 f 1 7 E'w- Director of Community Services .✓ Dear Mr. Caruana: -- RE: The Corporation of the Municipality of Clarington (the "Municipality") purchase from Curtis Rodney Trimble and Beth Anne Trimble (the "Vendors") 63 West Beach Road, Bowmanville, Ontario the "Property") We now report the details of the purchase of the Property. CLOSING The purchase was completed on July 14, 1995. AGREEMENT OF PURCHASE AND SALE The purchase was completed pursuant to the provisions of an Offer to Purchase approved by Municipal Council at its meeting held on March 27, 1995. PURCHASE PRICE The Municipality purchased the Property for$93,000.00. The manner in which the purchase price was paid is reported in detail under paragraph "Adjustments"below. Shipley Right®n - 2 - ADJUSTMENTS A copy of the Statement of Adjustments is enclosed with this report. The Vendor received credit for the following: 1. $93,000.00 representing the agreed sale price; 2. $191.57 representing your portion of the 1995 realty taxes paid by the Vendor before closing and attributable to the period after the date of closing. The Municipality received credit for the following: 4. $93,191.57 representing the balance due on closing. In addition to the balance due on closing,we also paid land transfer tax and registration fees in the amount of $705.00. TITLE OPINION We enclose the duplicate registered Transfer/Deed of Land (the "Transfer") whereby the Municipality acquired title to the Property. The Transfer was registered on July 14, 1995 as Instrument No. D454960 in the Land Registry Office for the Land Registry Division of Durham. Based upon searches made in the Land Registry Office and such other searches in offices of public record as we have deemed necessary, it is our opinion that on registration of the Transfer the Municipality had a good and marketable title to the Property, subject only to the following: 1. an agreement made as of the 30th day of September 1991 among Curtis Rodney Trimble and Beth Anne Bowler and the Central Lake Ontario Conservation Authority registered on October, 9, 1991 as Instrument No. D372395; and 2. a transfer of an easement made by Curtis Rodney Trimble and Beth Anne Bowler in favour of the Central Lake Ontario Conservation Authority registered on October 9, 1991 as Instrument No. D372396. Our opinion on title is also subject to: 1. any unregistered statutory liens, claims, taxes, penalties or other charges which may now or hereafter have priority; and the reservations and exceptions if any, in the Shibley Right®n - 3 - original Crown patent of the Property; 2. any easement,right-of-way or encroachment which is not registered and which would in some instances be disclosed on an up-to-date Plan of Survey prepared by an Ontario Land Surveyor in accordance with the requirements of the Land Registry Act and the Surveys Act; and 3. any unregistered leases or tenancies. BUILDING AND ZONING We were provided with a print out from the Buildings Department of the Municipality indicating no outstanding work orders respecting the Property. REALTY TAXES We were provided with a certificate of the Tax Collector indicating an amount outstanding for arrears of realty taxes of $1,090.86 as at the date of Closing. On Closing, the Vendors directed that this amount plus an additional penalty $12.99 be made payable to the Municipality to retire these arrears. SURVEY Enclosed is a copy of Plan 1OR-2320 showing the Property as Parts 1 and 2 thereon. OTHER MATTERS As advised above under the heading Title Opinion, the title to the Property is subject to an Agreement with and an Easement in favour of Central Lake Ontario Conservation Authority. Enclosed is a copy of a letter from Central Lake Ontario Conservation Authority indicating that the Authority is prepared to release its interest in the Property. We have prepared and forwarded to Central Lake Ontario Conservation Authority a document for this purpose which we have asked that they execute and return to us for registration. OTHER ASSURANCES We obtained on closing a Statutory Declaration sworn by the Vendor relating to his/her possession and use of the Property, and the enclosed Undertaking to readjust and Warranty re: Urea Formaldehyde Foam Insulation. Shipley R.ighton - 4 - ENCLOSURES 1. Transfer/Deed of Land 2. Copy of the Statement of Adjustments 3. Vendor's Declaration of Possession 4. Vendor's Undertaldng to Readjust, UFFI Warranty and Bill of Sale 5. Copy of the Survey. Yours very truly, SHIBLEY RIGHTON ntm:cs Nicholas T. Macos encl. P� LAKE O AUG 16 6, O O �gTroN 1v CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 100 WHITING AVENUE,OSHAWA,ONTARIO L1 3T3 TEL: (905) 579-0411 FAX: (905) 579-0994 August 11, 1995. Our File: N91-276-C Mr. Dan Strike, Strike, Salmers and Furlong, Barristers & Solicitors, 38 King Street West, P.O. Box 7, Bowmanville, Ontario, L1C 3K8 AND r.-mr. Nicholas Macos, Shibley, Righton, 401 Bay Street, Suite 1800, Toronto, Ontario, M4H 2Z1 Dear Sirs: Subject: Agreement Regarding Trimble Property, 63 West Beach Road Bowmanville Further to the recent letter from Mr. Strike, a Save-Harmless Agreement and associated easement were registered on title of the above-noted property on behalf of the Authority when permission was granted to the owner to construct a basement. In view of the recent purchase of the property by the Municipality of Clarington, we would have no objection to signing releases for those instruments through which the agreement and easement were registered. I trust that this is satisfactory. Yours truly, Christ her L. Conti, Interim Chief Administrative Officer. CLC/klt DYE&DURHAM CO.INC.—Form No.970 3fl Province u / �[ Amended NOV.1992 of r f Land v Ontario Form 1 —Land Registration Reform Act (1) Registry ® Land Titles ❑ (2) Pagel of 3 pages CD (3) Property Block Property O L Identifiers) AJ.n SC� S(4) Consideration 1 Ninety-Three Thousand------ ------} U0 r ------------------------00/100 Dollars$ 93,000.00 z 0 1 O t,r i�, (5) Description This is a: Property Property o- �"; Division ❑ Consolidation ❑ � `ra :D ° `- Part of Lots 6 and 7, Plan 150 being 0 Part of Lot 10, Broken Front Concession LL U-3 LL U rn former Town of Bowmanville, Municipality New Property Identifiers of Clarington, Regional Municipality of � Additional: See El being designated as Part 1 and 3, Schedule Plan 1OR-2320 Executions Being more particularly described in Schedule Additional: attached as page 2 Schedule ❑ (6) This (a)Redescription ;(b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch ❑ I Description ❑x Parties ❑ Other❑ (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that We are spouses of one another. Beth Anne Trim_ ble, one of the Transferor_ s herein is one. and' the*same*person as '8kh *Anne Bo ler, one* of the* Transferees In, Deed No. 129901 and her name changed by.marriage orb F ruary 12 988. Date of Signature e , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) Ign u S) ; TRIMBLE, Curtis Rodney J � 1995; 07 . A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13. . t TRIMBLE, Beth Anne �� � � 1995 07 13 : . as joint tenants I (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D i i I r I (10) Transferor(s)Address for Service Church Rd. , R.R.#2, Havelock, Ontario, KOL 1Z0 (11)Transferee(s) Date of Birth Y M D � I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I 1 i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . .;. , I i I (12) Transferee(s)Address for Service 40 Temperance Street, Bowmanville, Ontario, L1C 3A6. (13)Transferor(s)Th tra fergr�v Ties at e best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Signature. . 1995 07 13 ' Signature. . � � ; 1995 :07 3D Solicitor for Transferor•(s)I have explained the effect of section 50 of the Planning Act to the transf r a ve - adc(e inquiries of the transferor to Q determine that this transfer does not contravene that section and based on the information supplied y trans ror,to the best of my knowledge and z belief, this transfer es not�t�rontr venQ that section. I am an Ontario solicitor in good standing. Date of Signature O Name and an M• .9trike I Y M I D a Address of Box 7, Bowmanville, On L1C 3K8 1995 07 13 O Solicitor Signature. . . . . . . . . I 5 (14)Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records rn r reveal no contravention as set out in subclause 50(22) (c) (ii)of the Planning Act and that to the best of my knowledge and belief this transfer c N does not contravene section 50 of the Planning Act.I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good standing. C:0'E NG- c: N�N a n.2—� Name and Date of Signature x62 2 Address of Y M D 0 a.2.c Solicitor I I I Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .I.. . . . . ... . . .I. . . (15) Assessment Roll Plumber I Cty. I Munj Map Sub. I Par. } Fees and Tax i of Property : 18 1 171020 130 15500 Z Registration Fee (16)Municipal Address of Property (17) Document Prepared by: O 63 West Beach Dan M. Strike ? Land Transfer Tax Bowmanville, Ontario Strike, Salmers & Furlong 2 L1C 3K3 P.O. Box 7 u_ Bowmanville, On L1C 3K8 ° cc (905) 623-5791 0 Total DYE&DURHAM CO.INC.—Form No.990 �1 Province �p Amended NOV.1992 of �dIQ v Ontario Form 5—Land Registration Reform Act Page c2 IS Additional Property Identifier(s)and/or Other Information SUBJECT TO a right-of-way in favour of all those legally entitled thereto, along, over and upon that portion of said Lots 6 and 7, Registered Plan 150, designated as Part 3 , Plan 10R-2320 . TOGETHER WITH a right-of-way for ingress and egress, in, along, over, and upon that portion of Lots 1, 2, 3 , 4, 5 and 6, Registered Plan 150. and unsubdivided Lot 10, Broken Front Concession, former Town of Bowmanville designated as Parts 5 and 3 , Plan 1OR-1798 and Part 4, Plan 10R-2320 . Lands as previously described in Deed No. 129901 w} O-i U_Z U_O O OC W 0� = SOPED—_a®3::,rrOC_oK70-VAHADA Affidavit of Residence and ®f Value of the Consideration-3 -RCWH 8/1992 Document completed using Fcrm7_Ware ©ri11 1 — Land Transfer Tax Act Refer to M instructions OF on E reverse CON side. Part of Lots 6 and 7 an 150 being Part IN THE NATTER OF THE CONVEYANCE OF (Insert briefdescripfiono/land) �� b-Pa of t 10 Broken Front Concession former Town of Bowmanville.Municipality of Clarington, Regional Municipality r of Durham being designated as Part 1 and 3,Plan 1QR-2320 BY (Print namwe of an banclarors In hdl) CURTI S RODNEY TRiMBL.E and BETH ANNE TRiMB . TO (a«instruction 1 and print amm"of all transferees in hdi) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I, (sea Instruction 2 and print nosw(s)in hrq NICHOLAS T.MACOS MAKE OATH AND SAY THAT: 1. 1 am (place a clear mart within dw square opposite Mat one of Me following pwagrapbs Mat describes Me capacity of the deponont(s)): (sea instruetfon 2) ❑ (a) A person in trust for whom the land conveyed In the above-described conveyance Is being conveyed; ❑ (b) A trustee named In the above-described conveyance to whom the land Is being conveyed; ❑ (c) A transferee named In the above-described conveyance; ® (d) The authorized agent or solicitor acting In this transaction for(Brart aanse(s)of prino{pal(s)) described In paragraph(s) (a), (b), (c) above;(ssAe oat reAwo noes to brappmaebio paragraphs) p (e) The President,Vice-President, Manager, Secretary, Director,or Treasurer authorized to act for pwart nawe(s)of oagwramon(s)) described in paragraph(s) (a), (b), (c) above;(abate out nwierances to inappucabfe paragraphs) ❑ (f) A transferee described In paragraph( )(insert only arw of paragraph(y,(b)or(c)above,as applicable) and am making this affidavit on my own behalf and on behalf of pasart neew of spouse) who is my spouse described In paragraph ( )(invert only one of paragraph(aX(b)or(c)above,as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be con feted*Hale the value of the consideration for the conveyance exceeds$400,000). 1 have read and considered the definition of"single family residence"set out In clause 1(1)(1a)of the Act.The land conveyed In the above-described conveyance ❑ contains at least one and not more than two single family residences. Note:Clause 2(1)(d)Imposes an additional tax at the rate of one-half of one per ❑ does not contain a single family residence. card upon the value of consideration In excess of$400,000 where the conveyance ❑ contains more than two single family residences.(sea b strtme m 3) wins at least one and not more than two single family residences. 3. 1 have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act and each of the following persons to whom or In trust for whom the land is being conveyed In the above-described conveyance Is a "non-resident corporation" or a"non-resident person"as set out in the Act. (see instructions t and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,000.00 (b)Mortgages ([)Assumed(show principal and interest to be creditod against punuWav price) . . $ Nil (II)Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . $ Nil (c)Property transferred in exchange(detail below) . . . . . . . . . . . . . . . . . . . $ N-1 11 AN tram: (d)Securities transferred to the value of(detail below) . . . . . . . . . . . . . . . . . . $ N. hunt Do (e)Liens, legacies,annuities and maintenance charges to which transfer is subject . . . . . $ Nil Fialod b,_ (f)Other valuable consideration subject to land transfer tax(datau below) . . . . . . . . . $ NIl bxert Mfl" (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Whey LAND TRANSFER TAX (rota/of(a)to (f)) . . . . . . . . . . . . . . . . . . . $ 93,000.00 $ 93,000.00 (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable (Retail Sales Tar is payable on the value of all chattels unless exempt under Nil Me provisions of Me"Retail Sales Tar Act-,R.S_O. 1980,c.45s,as ameaded) . . . $ (I)Other consideration for transaction not included in (g)or(h)above . . . . . . . . . . . . . . . . . . . . . . $ Nil (j)TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 91000.00 5. If consideration Is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(tee instruction 6) in/a 6. if the consideration Is nominal,Is the land subject to any encumbrance? II�a 7. Other remarks and explanations,If necessary. Sworn before me at the City of Toronto In the Municipality of Metropolitan Toronto this 13tH day of July 1995 A Commissioner for taking Affidt�its,etc. NICHOLAS T. _f/greV Property Information Record For Land Registry Office Use Only A. Describe nature of Instrument: Registration No. B. (1)Address of property being conveyed(H available) (11)Assessment Roll No.(if arauebie) C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(sea instruction 7) Registration Date Land Registry OtRee No D. (1)Registration number for last conveyance of property being conveyed(if available) (11)Legal description of property conveyed: Same as in D.(i)above. Yes❑ No p Not known❑ E. Name(s)and address(es)of each transferee's solicitor Shibley Righton 401 Bay St. Suite 1800.Toronto Ontario,M5H 2Z1 N.T. Macos School Tax Support(Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes❑ No❑ (b) if Yes,do all Individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑ (c) Do all Individual transferees have French Language Education Rights? Yes❑ No❑ (d) if Yes,do all Individual transferees wish to support the French Language School Board (where established)? Yes❑ No❑ NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed In(a)and(b). b44eD ilso 09) S T A T E M E N T 0 F A D J U S T M E N T S as of: July 14 , 1995 Vendors: Curtis & Beth Trimble Purchasers: Municipality of Clarington Property: 63 West Beach Bowmanville SALE PRICE $93 , 000 . 00 DEPOSIT $Nil TAXES: Based on 1995 taxes of $1, 009 . 01 vendor's share 194 days @ $2 . 76 per day or $535 .44 Vendors have paid $727 . 01 on account of 1995 taxes Allow Vendors 1 9 1 5 7 INSURANCE: No transfer -- purchaser to place own coverage HEAT: No adjustment BALANCE DUE ON closing payable to Strike, Salmers & Furlong, in trust or as directed on closing by certified cheque $93 , 191.57 $93 , 191. 57 $93 , 191. 57 StNT M:Nhibley Dighton 7-12-95 9=02AM ;Shibley Kighton (1'7)-> 905 623 83364 6/13 CANADA ) IN THE MATTER OF title to Part of Lots G and 7. Plan 150 being Part of I.ot PROVINCE OF ONTARIO ) 10, Broken Front Concession, in the Municipality of Clarington, Regional Municipality of Durham, designated as Parts 1 and 3 on Plan IOR232o municipally known as 63 West Reach TO WIT: Road, Bowmanville (the ""Property") ) AND THE SALE TI3EREOF: By. Curtis Rodney Trimble and Beth Anne Trimble To: The Corporation of the Municipality of Clarington We, Curtis Rodney Trimble and Beth Anne Trimble, of the Municipality of Clarington, in the Regional Municipality of Durham, DO SOLEMNLY DECLARE TART: 1. Subject to the mortgages disclosed by the registered title, to be discharged on closing,we are the absolute owners of the Property and either personally or by our tenants have been in the actual,peaceable,continuous, exclusive,open,undisturbed and undisputed possession and occupation thereof and of the houses and other buildings used in connection therewith since o%or about Au st 29, 198 e obtained a eonv ante therfoL4,,p- We were aware w en we pu ased o tie escription ange w ictn included PE..rt 1, Plan IOR-1798, by adverse possession. 2. Save and except the above and any taxes and local improvement rates charged thereon there is no encumbrance or easement whatsoever affecting the Property except as disclosed by the registered title. 3. We are not aware of any person or persons or corporations having any claim or interest in the Property or any part thereof adverse to or inconsistent with our title and we are positive that none such exists. 4. Our possession of the Property has been undisturbed throughout by any action, suit or other proceedings of adverse possession or otherwise on the part of any person whomsoever and during such possession and occupation no payment has ever been made or acknowledgment of title given by us,or,so far as we know,by anyone else,to any person in respect of any right, title, interest or claim upon the Property. 5. The deeds, evidences of title and other papers which have been produced by us are all the title deeds,evidences of title and other papers relating to the title to the Property that are in the possession or power of us, and to the best of our knowledge and belief, the said title deeds and papers produced and this declaration and the registered title fully and fairly disclose all facts material to the title claimed by us and all contracts and dealings which affect the same or any part thereof so far as we have any knowledge thereof. b_ To the best of our knowledge and belief the buildings used in connection with the Property are situate wholly within the limits of the Property, and there is no dispute as to the boundaries of the Property, and the same during the time we have been the owners thereof has been completely fenced except the street frontage. We have never heard of any 30'il DI .311IDley KJg11LUU 1-1G-DD r 0,00101 7311101PY algIlLUA ld()y UU7 Uzi] 0000TY (fit) -2- claim of easement affecting the lands,either for light,drainage,or right of way or otherwise, except as disclosed by the registered title. 7. There are no construction liens registered against the Property nor any claims for which such liens could be registered as all such claims have been paid in full. 8. There are no executions in the Sheriffs hands affecting the Property to our knowledge. 9. All realty taxes with respect to the Property have been paid for the time period up to the 14th day of July, 1995. 10. When we agreed to sell the Property to the transferee,we were not and at the time of closing we will not be, a "non-resident person" within the meaning and for the purposes of Section 116 of the Income Tax Act of Canada. 11. We have carefully examined the buildings and fences on the Plan of Survey No. Plan 10R-2320 prepared by Merrill D.Brown,Ontario Land Surveyors,and have compared our knowledge of such buildings and fences with those shown on the survey annexed to this Declaration as Schedule "A". The survey accurately describes the Prope4%nd buildings and fences thereon as they exist(s) today and there have been no alterations, additio 5 or modifications thereto since the date of the survey. o ti);.j o u t[1 c pct 12. We are spouses of each other and we are each of the full age of eighteen years. 13. I have been advised by my solicitor as to the implications of the Excise Tax Act (Canada)S.C. 1990(the"Act"} on this sale transaction with respect to the obligation to pay goods and services tax. The conveyance of the Property to The Corporation of the Municipality of iClarington does not constitute a taxable supply under the Act because the sale of the Property qualifies as an exempt supply pursuant to Part I of Schedule V of the Act and, in particular: W We are not a"builder"of a residential complex forming part of the Property; and (ii) We did not claim an input tax credit under the Act in respect of our acquisition of the Property; (iii) there has been no "substantial renovation" of the "residential complex" forming part of the Property. For the purposes of this paragraph, the terms "builder", "residential complex", "substantial renovation"and"taxable supply"have the meanings given to them in Section 123 of the Act, as such terms have been explained to us by our solicitor. 14. The Property is not presently subject to,nor prior to the closing of the sale will it be subject to, a tenancy agreement as defined in Part IV of the dlord and Tenant Act (Ontario) and there are no other unregistered leases or tenancies affecting the Property. 15. We are the absolute owners of all the fixtures affixed to the Property or to the buildings thereon and all the chattel property included in the sale of the Property free from any security interests or other encumbrances. 16. To the best of our knowledge and belief,no part of the Property nor any building or other erection on the Property has been condemned, taken or expropriated by any provincial, municipal or other competent authority and no municipal, provincial or other competent authority has made any order or other provision respecting the use or occupation of any part of the Property,buildings or erections thereon,or directed any alteration,repair, SENT BY;Shlbley Righton ; 7-12-95 ; 9:03M ;Shibley Righton (17)- 905 623 8338;# 8/13 -3 - improvement or other work to be done or performed to or in respect of the same or to any of the plumbing,heating,water,drainage or electrical systems,fxtures or works of the same. 17. We are each over the age of eighteen years. AND we make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the tf Clany4W in the AtyVA `f kIbjO^ this I&" � day of July, 1995. } Curtis Rodney Trimble Beth Anne Trimble A Co over for Taking Affidavits, etc. U N D E R T A K I N G TO: The Corporation of the Municipality of Clarington AND TO: Shibley, Righton (Its Solicitors herein) RE: 63 West Beach Bowmanville In consideration of, and notwithstanding the closing of the above transaction, We hereby undertake as follows : 1. To deliver up vacant possession of the premises on closing. 2 . To pay all hydro, water, gas (if any) to the date of closing. 3 . To pay all taxes in accordance with the Statement of Adjustments . 4 . To discharge all existing liens, mortgages or encumbrances now registered against the property. 5 . To re-adjust items as shown on Statement of Adjustments if required. W A R R A N T Y The undersigned hereby warrants : 1 . that during the time We have owned the property, We have not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of our knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction. 2 . that all local improvements or frontage charges of any kind whatsoever, presently supplied and installed for the benefit of the property are fully paid and are included in the purchase price. 3 . that no damage has occurred and that there has been no substantial physical change to the property since it was inspected by the purchaser. 4 . We hereby warrant that as of this date and the ninety (90) days immediately preceeding this date there has been no construction, renovation or other improvement to the property, and this Warranty shall survive the closing of this transaction. 5 . that the property was not used in the course of a business or commercial activity and is not being sold in the course of a business . That the property is used residential housing and therefore exempt from G.S .T. and we have not recovered the G.S .T. previously paid as an input tax credit with respect to any improvements to the property. B I L L O F S A L E The undersigned transfer and convey to the purchaser the chattels, fixtures and additional items included in this transaction, as listed in the Agreement of Purchase and Sale and the covenant that We are the owners thereof and that there are no liens, encumbrances or claims affecting the same and they' will be left on the premises on closing. The warranties in the Agreement of Purchase and Sale and in this undertaking survive and continue in force after the closing of this transaction. DATED at Bowmanville this 13 of uly, 1995 --- - -- ----------------- Curtis Rodney Trimble Beth Anne Trimble ®+MUNICIPALITY OF i t ® ONTARIO FILL June 23 , 1995 Strike, Salmers and Furlong Barristers & Solicitors 38 King Street West, P.O. Box 7 Bowmanville, Ontario L1C 3K8 Attention: Dan M. Strike Dear Sir: Re: Trimble Sale to the Corporation of the Municipality of Clarington of 63 West Beach Road, Bowmanville Our File: L07.TR Enclosed herewith is a copy of. the amended agreement pertaining to the above matter, which has been accepted and initialed by the municipality. Yours v y truly ,g7j.- Patti L. Barrie, A.M. C.T. Clerk PLB/ms Enclosure CC : N. Macos, Shibley, Righton CORPORATION OF THE MUNICIPALITY OF CLARINGTON -3379 • FAX 623-4169 40 TEtAPERANCE STREET • BOWMANVILLE -ONTARIO • L1 C 3A6 • (905) 623 AE Cr CL[o ranee Strike,-Salmers and Furlong Barristers&Solicitors Allan W.Furlong A.Alan H.Strike,Q.C. Ronald R.M.Strike David W.E.Salmers Catherine L.Salmers Dan M.Strike j U Y vv Zenovi T.Salmers,Law Clerk Bowmanville W.Ross Strike(1895-1987) Reply to: June 7, 1995 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Patti L. Barrie - Town Clerk Dear Sirs : Re: Trimble sale to Corporation of the Municipality of Clarington of 63 West Beach Road Bowmanville Your File No. L07 Further to your letter to our office on May 29th, 1995, we enclose herewith Offer to Sell in triplicate executed by the Vendors . Please note paragraph 3 of the Agreement has been amended to exclude the wood burning stove and any attachments thereto. Please acknowledge the Municipalities acceptance of this amendment and return a copy to our office. Thank you. Yours very truly, STRIKE, SALMERS & FURLONG Per: 1 L Dan M. Strike DMS :gj Encl . 3 38 King Street West, 55 Wfl iam Street East,McLaughlin Square, P.O_ .Box 7,Bowmanville,Ontario L1C 3K8 P.O.Box 2096,Oshawa,Ontario L1H 7V4 905-623-5791 Fax: 905-623-8336 905-723-1101 905-723-4634 Fax:905-723-1157 OFFER TO SELL We, the undersigned CURTIS RODNEY TRIM 3LE and BETH ANNE TRIMBLE, as Vendors hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, as Purchaser, to sell the property municipally known as 63 West Beach Road, Bowmanville and legally described as Part of Lots 6 & 7, Plan 150, in the Municipality of Clarington, Regional Municipality of Durham, designated as Parts 1 and 3 on Plan 1OR-2320 (the 'Property") at the price of NINETY THREE THOUSAND ($93,000.00) DOLLARS payable on closing. ADDITIONALLY, the Purchaser agrees with the Vendor(s) to the following terms and conditions: 1. This transaction is to be completed on August 31, 1995 and on which date vacant possession of the Property is to be given to the Purchaser. The Vendors at their option may upon at least fifteen (15) days written notice advance the closing of this transaction to a date specified in such written notice which date shall be a date upon which the Land Registry Office at Whitby is open. 2. 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. 3. The purchase price includes all tures presently located upon the Property except for the hot water tank if rental. and except the wood urni ig' SA v d its chimney and any other attachments thereto.,/06 �/ 4. The Vendors warrant that the building(s) on the Property has not been insulated with urea formaldehyde foam which warranty shall survive closing. 5. The Vendors shall discharge all encumbrances registered against title to the Property at their own expense on or before closing. If a discharge of any mortgage or charge held by a Corporation incorporated pursuant to the Loan Companies Act (Canada), chartered bank, trust company, credit union or insurance company is not available in registerable form on closing,the Purchaser agrees to accept the Vendors' solicitors personal undertaking to obtain, out of the closing funds, a discharge or cessation of charge in registerable form and to register same on title within a reasonable period of time after closing, provided that on or before closing the Vendors shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by the Vendors directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on closing. 6. The Vendors acknowledge receipt of a copy of the appraisal report respecting the Property prepared by Property Valuators/Consulting Inc.. 7. The Purchaser shall reimburse the Vendors for all reasonable legal costs incurred by the Vendors in the conveyance of the Property to the Purchaser. 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 - 2 - 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 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, addressed to the Vendors at: 63 West Beach Road, Bowmanville, Ontario. DATED this day of April, 1995. Beth'Anne Trimble THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON is //���•% 1_� Mayor is Umm OFFER TO SELL We, the undersigned CURTIS RODNEY TRIMBLE and BETH ANNE TRIMBLE, as Vendors hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, as Purchaser, to sell the property municipally known as 63 West Beach Road, Bowmanville and legally described as Part of Lots 6 & 7, Plan 150, in the Municipality of Clarington, Regional Municipality of Durham, designated as Parts 1 and 3 on Plan 1OR-2320 (the "Property") at the price of NINETY THREE THOUSAND ($93,000.00) DOLLARS payable on closing. ADDITIONALLY, the Purchaser agrees with the Vendor(s) to the following terms and conditions: 1. This transaction is to be completed on August 31, 1995 and on which date vacant possession of the Property is to be given to the Purchaser. The Vendors at their option may upon at least fifteen (15) days written notice advance the closing of this transaction to a date specified in such written notice which date shall be a date upon which the Land Registry Office at Whitby is open. 2. 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. 3. The purchase price includes all E tures presently located upon the Property except for the hot water tank if rental. d except the woodbur 'ng stove and its chimney and any other attachments thereto✓ 4. The Vendors warrant that the building(s) on the Property has not been insulated with urea formaldehyde foam which warranty shall survive closing. 5. The Vendors shall discharge all encumbrances registered against title to the Property at their own expense on or before closing. If a discharge of any mortgage or charge held by a Corporation incorporated pursuant to the Loan Companies Act (Canada), chartered bank, trust company, credit union or insurance company is not available in registerable form on closing,the Purchaser agrees to accept the Vendors'solicitors personal undertaking to obtain., out of the closing funds, a discharge or cessation of charge in registerable form and to register same on title within a reasonable period of time after closing, provided that on or before closing the Vendors shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by the Vendors directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on closing. 6. The Vendors acknowledge receipt of a copy of the appraisal report respecting the Property prepared by Property Valuators/Consulting Inc.. 7. The Purchaser shall reimburse the Vendors for all reasonable legal costs incurred by the Vendors in the conveyance of the Property to the Purchaser. 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 - 2 - 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 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, addressed to the Vendors at: 63 West Beach Road, Bowmanville, Ontario. DATED this day of April, 1995. CAS Rodney Trimble 9691,2� WIL17 Beth Anne Trimble THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON r4 9:\Z W\ckri V\trimbk\trimbk.off Mayor - D am- 12 10 PLAN MATERIAL RLAGTIC MATERIAL-..A .RUBE-0.003 IXDI RROUESS-FNOTOORA E IN,O—AL"T° U l/sv3pA. T J V/Dc`7 �O C� i 1A P4 4 N o �3 m °Nag NS 64E °L,4 1V V° 5C F BASE Lr Ll E Of REDO : PUN✓ cc ig l3'�PJ�RT I INA - v-ssLPo"r, 4 /^� n G n m _T; 3 c ACJl F E L,�Y,E mob L',1/:.9!'/✓'� 8 6 4 2 2 mswwroffDErosnEo uwexmERmsmrMT. PLAN IOR --AN.—TEA AlNDl6T 26.1986 al-�E 14 I/ 91GNANRE K. rEMrn uxo RECISrRA TIE M.D.GROWN REG SIHr GINSNINa EWWSTIE(161 NAME RINT PLAN OF SURVEY OF PART OF LOT 6,AND ALL OF LOT 7, ACCORDING TO REGISTERED PLAN N°150, AND FART OF UNSUBDIVIDED LOT 10 IN THE BROKEN FRONT CONCESSION OF THE FORMER TOWN OF BOWMANVILLE NOW WITHIN THE LIMITS OF THE TOWN OF NEWCASTLE .REGIONAL MUNICIPALITY OF DURHAM SCALE:I INCH = 2D FEET M.D.BROWN,O L.S.,1986. SURVEYORS CERTIFICATE I—Ill THAT: .THIS SURVEYAND PWe AIDE CORRERAIq IN ACCORMNOE WITI THE SUNVET§AOT AND TIE xEOryNwx GTIERtflA.ATIGxs MMETHEREUNDER. 2 THE SVRVErW GGM%ITEO ON/THE 215TTHH�—,OFF AUGUST,UNIA, AUGUST 26,1986 ONTARIO LANG 9LRVEYM BEARING REFERENCE THE BEARING OF THE BASE LINE OF SURVEY OF REG'G FLAN HBO,$— AS NT3°26'E I—NED TO BE ASTRONOMIC)THEREON,GOVISINS ALL BEARINGS SHOWN HEREON. T DEHOIES MOMIMLM TIW R.AMEB + GENOTES MONUMENTATION FO(IID,NUMBERED'1106'UNLESS RFFJML% Ns DENOTES STANBA6DiRONB '-"'fiOWRE,AS"LWF u pEHOTE9IKON 6W,bG"6WARE,2/"LONG Me GENOTES ROUND INON MR,3/< ROUND,24 I.TNc wR DENOTES WTi NENG Uwe)DENOTES DENEVAN B FLEISONMANN GO.LTD.,G.L.S. RnoriE:41E 623-TL91 uc-3A4 CAUTION:THIS PLAN IS NOTA PLAN OF DOADB.z6,IBe6 SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT " z YD' WAw Br: B.E.W. 86225-R 1 O 4 6 8 10 1'2