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Home My WebLink About2000-183 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000-183 Being a By-law to authorize the execution by the Mayor and Clerk of a Land Exchange Agreement between the Municipality of Clarington and 1138337 Ontario Inc. WHEREAS at its meeting on October 16, 2000, Council approved the recommendations of the General Purpose and Administration Committee that the recommendations contained in Report WD-46-00 be approved; NOW TTIEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk on behalf of the Municipality are authorized to execute a Land Exchange Agreement with 1138337 Ontario Inc. to implement the recommendations contained in Report WD-46-00. BY-LAW read a first and second time this Idh day of October 2000. BY-LAW read a third time and finally passed this 161'day of October 2000. i CII' CL LAND EXCHANGE AGREEMENT THIS LAND EXCHANGE AGREEMENT made as of this 16th day of October, 2000 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter referred to as the"Municipality") OF THE FIRST PART - and - 1138337 ONTARIO INC. (hereinafter referred to as"1138337") OF THE SECOND PART WHEREAS: A. 1138337 is shown on the register of titles under the Land Titles Act ("Land Titles Register") in the Land Registry Office for the Land Titles Division of Durham(No. 40) ("Land Registry Office") to be the qualified owner in fee simple of the portion of Church Street (unopened) in the former Village of Newcastle which is shown as part of Part 14 on Plan 40R-14915. However, the Municipality has the right to request that the Land Titles Register be corrected to show the Municipality to be the owner of this portion of Church Street (unopened). There has been no assurance given to the Municipality that such a request, if made, would be granted by the Land Registry Office; B. 1138337 is shown on the Land Titles Register to be the owner in fee simple of, among other lands, the lands comprising Gold Street(not opened)and Silver Street (not opened) which are shown as parts of Part 13 on Plan 40R-14915. 1138337 is also shown on the Land Titles Register to be the owner in fee simple of the parts of Part 13 on Plan 40R-14915 which are also shown as Parts 1, 2 and 3 on Plan 40R-2412; -2- C. At its meeting on October 16, 2000, the Council of the Municipality declared the Municipality's interest in Church Street (not opened) to be surplus pursuant to section 193 of the Municipal Act and By-law No. 95-22; D. At its meeting on October 16, 2000, the Council of the Municipality approved the recommendation of the General Purpose and Administration Committee that the recommendations contained in Report#WD46-00 be approved. Council accepted, subject to the satisfaction of certain conditions, 1138337's offer to exchange the lands comprising Gold Street (not opened), Silver Street (not opened) and Parts 1, 2 and 3 on Plan 40R-2412 for a quit claim and release of the Municipality's interest in the portion of Church Street (not opened) shown as part of Part 14 on Plan 40R-14915, save and except the lands shown as Part 20 on Plan 40R-18328; E. At its meeting on October 16, 2000, the Council of the Municipality passed By-law No. 2000- _to authorize the Mayor and Clerk on behalf of the Municipality to execute this Land Exchange Agreement with 113 83 3 7, NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Not later than thirty(30)days following the date as of which this Land Exchange Agreement is made, ("Closing Date") the Municipality will quit claim and release to 1138337 any interest that it may have in the portion of Church Street (not opened) shown as part of Part 14 on Plan 40R- 14915, save and except the lands shown as Part 20 on Plan 40R-18328 in exchange for the transfer to the Municipality by 1138337 of a good and marketable title in fee simple to the lands comprising Gold Street (not opened), Silver Street (not opened) shown as part of Part 13 on Plan 40R-14915 and Parts 1, 2 and 3 on Plan IOR-2412, free and clear of all encumbrances and restrictions. -3- 2. The Municipality will prepare the quit claim and release and 1138337 will prepare the transfers referred to in paragraph 1 in registrable form to the satisfaction of the Municipality's Solicitor. All fees and taxes payable on the registration of the quit claim and release and transfers shall be paid by 1138337. 3. Prior to the Closing Date 1138337 shall pay the cost of any further reference plan of survey that may be necessary to provide registrable descriptions of land on the quit claim and release and any of the transfers. Prior to the Closing Date 1138337 shall pay to the Municipality any additional costs incurred by the Municipality in causing to be prepared an appraisal of the value of the interest and lands referred to in this Land Exchange Agreement over and above those appraisal costs that previously were paid by Bramalea Limited to the Municipality, as well as the Municipality's cost of publishing notice of the meeting of Council to hear interested persons in order to comply with section 193 of the Municipal Act and By-law No. 95-22. 4. 1138337 shall also pay to the Municipality the Municipality's reasonable legal costs in preparing Report#WD-46-00 including evaluating 113833Ts offer of a land exchange, and preparing and implementing this Land Exchange Agreement forthwith after written notice is given to 1138337 by the Municipality. 5. If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: The Owner: 1138337 Ontario Inc. c/o Mr. William Daniell The Kaitlin Group Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 or such other address of which the Owner has notified the Municipality in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. -4- 6. The Owner acknowledges and agrees that the Municipality has authority to enter into this Land Exchange Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Land Exchange Agreement is made by the Municipality in reliance on the acknowledgment and agreement of the Owner as aforesaid. 7. This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 8. Time shall be of the essence of this Land Exchange Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor Cler 1138337 ON RIO INC. Per: _ Name. \N A-4w, -�• a �e l Title: �� ►�'vc� Per: Name: Title: R:\HEFFERON\CLARING\MASTERPI\LANDEX2.AGR