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HomeMy WebLinkAbout2000-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000-08 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Robert Edgar, Newcastle, Ontario, to enter into an agreement for the sale of 2727 Morgans Road, Newcastle, Ontario. 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 with the Corporation Seal, a contract between Robert Edgar of Newcastle, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 24 day of January, 2000 By-law read a third time and finally passed this 24 day of January-, 2000 Mayor,­", ,'Clerk r CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 26 of 28 AGREEMENT OF PURCHASE AND SALE SD99-1 PURCHASER. ..............................................._.................. •••••••.°-•.. • . . ........, offers to buy from VENDOR.................CORPORATION OF THE MUNICIPALITY OF CLARINGTON, through Vendor's AGENT. ...................................................N/A......................................................... th e following PROPERTY: PROPERTY#5, 2727 Morgans Road, North part of Lot 16, Concession 2, known Municipally as VILLAGE OF NEWCASTLE in the MUNICIPALITY OF CLARINGTON and having an area of 89.24 acres, more or less, at a Purchase Price of.......................................................... Canadian Dollars ($Can..............) on the following terms: 1. Purchaser submits with this offer 10% OF THE TOTAL BID PRICE ..............................Dollars ($•••.......................) cash/cheque payable to Vendor's Agent as a deposit to be held by him in trust pending completion or other termination of this Agreement and to be credited towards the Purchase Price on completion. 2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO USUAL ADJUSTMENTS. ........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ 3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price. ..........................................................I............ .....................N/A................................................. 4. Purchaser agrees that this Offer shall be irrevocable by him until .............. on the .......... day of................ after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction, not later than the 30th day following acceptance of this offer by the Vendor, unless otherwise agreed in writing by the Vendor and Purchaser. 5. This Agreement shall be completed on the ...TO BE NEGOTIATED... Upon completion, vacant possession of the property shall be given to Purchaser............................................................. ...................................................................... 6. Purchaser shall be allowed ten (10) days next following the date of acceptance of this Offer to: examine the title to the property at his own expense. ............................................................... ........................................................................................................................................ 7. Vendor and Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically stipulated hereunder. .............EXTRACTIVE INDUSTRIAL (M3)................................................................................ 8. Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. 9. Provided that the title to the property is good and free from all encumbrances, and except for any registered restrictions or covenants that run with the land providing that such are complied with and except for any minor easements to public utilities required for the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies theretofore paid shall be returned without interest or deduction and Vendor and Vendor's Agent shall not be liable for any costs of damages. Save as to any valid objections so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 10. Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. Vendor agrees that, if requested by the purchaser, he will deliver any sketch or survey of the property in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed for examining title. CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 27 of 28 SD99-1 11. All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion, Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies theretofore paid returned without interest or deduction or else take the proceeds or any insurance and complete the purchase. 12. Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provisions of the Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion'the .prescribed certificate or his statutory declaration that he is not then a non-resident of Canada. 14. Rents, mortgage interest, taxes, local improvements, water and assessment rates and the cost of fuel shall be apportioned and allowed to the date of completion (the day itself to be apportioned to Purchaser). 15. The deed or transfer shall, save for the Land Transfer Tax Affidavit, which shall be prepared and completed by the Purchaser, be prepared in registrable form at the expense of Vendor and the Mortgage at the expense of Purchaser. 16. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. 17. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank, trust company or Province of Ontario Savings Office. This Agreement shall constitute the entire agreement between Purchaser and Vendor and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. . Trams fermi/ of L� nd Sollvrs.Lid • (4, a,,, of orlbuio (1)Rem"y® Tabs❑ R) p 1 a �, a (3) �) sbax Prap.rty �► � `-; � 0033(R} ssma�ea. ❑ co �o c q (t)Corlfldermtkn T z •—+ SIXTY SEVEN THOU AND Waste$67,000.00 0� M r � Y M DNe�Ngn Ttk b a P p� pfowty 1-4 Part of Lot 16,Cons m 2 o —bcinq Parts 1,2 and 3 on 4OR 19736 New Property Identilfera L . mugidpatity of (formerly in the Township of Clarice) AddkkMW Regional mmicipality of aer ❑sd+.dw. Ezneubms AddM1a s! 3c r 5= (nom (■)Redescro- ; (b)Sdwdr kr to F«`'Is�s"fIFM T E cnnarte mew Emsernert ❑ ' D.O. ❑ P. ❑ otMt ® I r()Trsn%Mror(s)Tb&bwwf whersbytrarwf mtMWeitodotrrrsTr« 6 ft Names) Slptotun(s _�4at�1t�T[Qrt#%F Tq"AnTw CU►�►t t'of ChMM lam' �� 7�8 have mm& to hind the Cornorstion r N R. (9) aP�(�of ton is)t Iwiry consent to this tamadbn Nrm(:) sgmter+(s) tai '1i'l1`�' � ei�•A �'•!�rte R{��"X'''( 1 (�)�nmiswgs)Address 40 Temperance Street, Ontario,L1C34. (11}Tkartatnrs(s) Dab of am Y =M D 1960J04 105 i 3 7 i i (�g=Address R.R.N8,471 East Townline Ro Newcastle,Ontario,LIB 119 (13)Transtsra(s)TM tsnWtor vefaes that to to beet of tan tunWofs kbnw dps end Yrk•stater des not contemn asclbn 50 of to PWmft Act Dab Of SWAhas Dab of Srprrrtun Y I M ; D ; Y I M I D I ilo�ela to for Transfwor(s)1 trw ft~of P Act to"transferor and I tore made UpuMw a tM bwm too to debrmhe that offs trsnMsr does not car wma tt i sectbn and based on tM Mkmntlon rgpMd bylthe ft*W r,to the Met a mW kwwbdp and beW.ttds trarnbr does rrdaoataruw that secdon I sm an Onbrb wkbr in good sbn ft O Norm ar t�b a o So� Signaturs_I _Y _ E 11�aoackar fnr Transtarse(s)I true rwsM e�W tln**to 1 Wd and 10 ww+Mon rslarat and 1 am satlmled that to the rewrds meat ^. no contaw dlon«set out In subcisatet 50(4(o)M.9 the PNnnkp J1et •hot to the bed a ny krimAidge and b"1Ne bunk does net contrarro ssd 50 of ttn PWrrtng Ad I act Irrdsperrderty a tM satklbr the trarntror(s)and I am an Ortarlo aWN, In good sto T- AMms ct Dale of s Soklor Y i M r D (9)Assassrrwrt!loft Itlarrbar :ay :Mun j Meg 'Sub ; Per NOT IGNED FMS and Tee: Prapsrty ' i ' ReaWra ton f« (161 Mmidpd Address of tho(wty (1T)D-wmt F wersi br. John A.Cooney Land Tramfir Tax 2727 Morgans Road obimA ,Appleby&Taub 130 Suite 25M Toronto,Ontario MM 2M2 T td or�ianrr,rgr•e u Mnr 77M PIVAFM Do Procw sofame Lid • (41x)372.x111 of Schedule OIMWIO S Form x—Land RNIElntbn Act P.O. 2 AddOonol Fropwt1► 1;?+odbr Odw Yft I-'- a► 1. Pursuant to the Regional Municipality of Durham Act,RIS.O. 1980,c.434 the names of a The Corporation of the Tswzship of Clarice, b The Coipanttion of the Township of Dar,jroi' C The Corporation of the Town of wmaa e;a#1d The Corporation of the Village of Newcastle; were changed to The Corporation of the Town of New*e. 2. Pursuant to the Regional Municipality of Durham(Newcastle-Clarington)Act S.O. 1993 c.3 the i name of The Corporation of the Town of Newcastle was changed to The Corporation of the Municipality of Cbxhq on. E ■ a 4j a i - r ri eyC 8 C 4. f 6 S LLJ � O Z T DownNt�rW WnE7L Cw1� t .. pie -area W,="�500 Affidavit of Re4dence and of Value Will Consideration Form 1 - Land Tiaras w Tax Act � M� r : E I T iE CONVEYANCE OF Aisivithihifl ww0" �T OF inT 16 COW. 2 DESIGNATED AS PARTS OF DURRAW BY Oat alas of a wrowws j *9P TO(me ko teato f aW PW easier of arawitgwue in earl 102M ALIM I pa aaatidfrr2aer/rwtiiawrfy jn iu+ - MAKE OATH AND SAY THAT: _ 7 ImOtwesearaaerwMistwesareaararwe.a.rae�rasrw+Mwssetltettrerw rwe4waiM1N fwMtewsYn� C ❑ la)A parson intrust for whom the land conveyed in the abovedacrabed conveyance 4s being conveyed ❑ (b)A trustee named in the above4esc abed conveyance to whom the land is being conveyed ® (c)A transferee named in the abov0described conveyance. (3 (d)The authorized agant or solicitor acting in this transectm for pear riairm ar c described in paragraphs) (al b), (c) above psaeeirn4wwraesaasaetalrarsd ysiy - ❑ (a1 The President VidwPiraidam,Me.inga i,Secretary,Director orTn sursr authorize to act for paitarei00 ramwaaaeyy ! a described in peragraph(s) (a) 1, (c1 show,(stawa trwMeserriatnsatsssrrwtentinl ❑ (f)A transfirse described in paragraph( )pass ry er rauariM1(4 fa)or(4)alaA at a paieW and am making this affidavit on my own behalf and on r behalf of paodrwte Naavow who is my spouse described ` in paragraph I Io xwtrb airrjrMAMid)fyrftiaswwriesaaaafandassu I he"personal knowledge of the facts herein deposed to 2 fro M soisbafsled Maw vw vide d the atrpaa0 form* astsadils ta00 GODb dhwereedand considered thedeftnitionof'angM family ntldena`artoutin clause 1(1)(H)pf the Act TMlandoneyedmthemb O 6Wonveyance ❑ oont ainsethostoneand riot mor ethan two atpN family residences New Clausa U(d)tay�sooddkaWuKattwmeofo rbWofowlm s ❑ does not contain a single family residence awn upon the reles of wna/wation in emu of t0100.11101)whew the seteaiay ❑ contains more than two single family residences on ewaiaim of 3 1 haw read and considered the definitions of"non-readent corporation"and"non4widem "set out respectively in clauses 1(1)(f)and Aa)of the Act and each of the following parsoms to whom or In trust for whom the land Is being conveyed in the conveyance is a"nmmeeklem corporation'• or s"nooemWent person•'a sat out in the Act pee faetadaU Jaiia h 4 THE TOTAL COIWDERATKIN FOR T"W TRAN111AC"010 4 ALLOCATED At _ (a1 Moma psis or to be pad in cash S 67,0=000 (btMortgges (d Assumed $ nil (ii)Given back to vends $ nil s (c)Property vansfarW In exchange meow#f $ nil nkastnaa (d)Saoarkles trriefared to the value of~halo $ nil a„w„ (d Liens legacies,annuities and maintenance charges to which transfer is subject S nil Mhaar - ff)Other valuable consideration subject to lend transfer tax pwaseeltef S nil (g)VALUE OF LAND,BUILDING,FIXTURES AND GOODWILL SUBJECT TO .00 LAND TRANSFER TAX (rotafof(a1 to 101 S 67.000100 s b7.000 Aare ; (h)VALUE OF ALL CHATTELS.Mmsof tangible personal property 'oo - � lman w~� S nil wwrw�RdwrarrAw, rsoUdsera • 6)Other consideration for transectan not included in(g)or(h)above $ nil s (j)TOTAL CONSIDERATION i 6 5 If consideration Is nominal,describe relationship between transferor and transferee and gal purpose of conveyance (r►tioac n• ` rx a 6 If the eonaderaltan is nominal,is the land subject to any encumbrance? rk a a 7 Other remarks and explanations,if necessary n a Sworn before ms at the Tom of Whitby to the FagUral day cipality of (y E ACommissonierfortakirig ffdavits etc ' R a Prep wed ktlornand t Reread For Land%ON"Oflce Use ordy A Describe nature of instrument TRANOWLAW OF LAID Mgill No a B (d Address of property being eorwoya(((tliwsirt4L e Coro - 60 Assewrriertt Roll No gravy 18 1 030-020-13700 C Mailing addren(es)for future Notion of Ass sworn under the Assessment Act for proper ty being oawgd(see ssaudiai 7) 471 East Townline Road. I nsry.err sir tar nraiwy odor No s Newcastle. Ontario LIB 1L9 D (e) Rgistraton number for last conveyerue of property being conveyed pratauao (n)Legal dewiption of property conveyed SameasinOWabovii Yes❑ No Not known❑ E Name(s)_arid_address Si��s)of eech rderes's solicitor FOAELS &19 � Barristers and Solictiors, Street, VMury, OrMfffra-M M9 School Tax Support(VoMMory Election) Sad tatraae for axphned0h [ (a) Ara sir nidiildual traridaneai(tOritant Cethd a Ya0 No 0 - (b) it Yea do a exQrnduY tisriJines werh to bee Ronan Cflhcla:SeperaM School SuppnbM? ra0 No❑ (c) Do as individual transferees have French Language Edwalion Rghts 7 Yes[] No (d) If Yes do erg individual trasfereeS With 10 support the French Language,School bard(where atabished)? YesO No[] �r Ontario PROPERTY DESCRIPTION: PROPERTY REMARKS: ESTATE/OUALIFIER: FEE SIMPLE LT CONVERSION QUALIFIED OWNERS' NAMES EDGAR, ROBERT ALLEN PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 1 REGISTRY PREPARED FOR JBarchard OFFICE #40 26668-0033 (LT) ON 2012/04/11 AT 11:10:46 * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT PT LT 16 CON 2 CLARKE PT 1-3 40R19736; S/T CK13504; CLARINGTON RECENTLY: PIN CREATION DATE: RE-ENTRY FROM 26668-0128 2011/01/31 CAPACITY SHARE ROWN REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD ** PRINTOU7 INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2011101128 ** **SUBJECT, ON FIRST REGISTRATION UNDER THE LAND TITLES ACT, 0: ** SUBSECTION 44 (1) OF THE LAND TITLES ACT, EXCEPT P PAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES ** AND ESCHEAT OR FORFEITURE TO THE CROWN. ** THE RIGHTS F ANY PERSON WHO WO LD, BUT FOR THE L4ND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF ** IT THROUGH 1ENGTH OF ADVERSE POSSESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY ** CONVENTION. ** ANY LEASE TC WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES. **DATE OF CONVERSION TO LAND TITLES: 2011/ 1/31 ** CK13504 1942/03/25 TRANSFER EASEMENT THE BELL TELEPHONE COMPANY OF CANADA C N106369 1982/02/26 NOTICE OF CLAIM C 40R19736 2000/05/10 PLAN REFERENCE C REMARKS: PART 2 - SUBJ. TO EASE. AS IN 13504 D546827 2000/05/19 TRANSFER $67,000 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON EDGAR, ROBERT ALLEN C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.