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Home My WebLink AboutADMIN 08-81CORPORATION OF THE TOWN OF NEWCASTLE REPORT TO COUNCIL ADMIN 8-81 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LIC 3A6 Report #9 TELEPHONE 623-3379 MEETING OF SEPTEMBER 8th, 1981 RE: Conveyance of Land to the Ministry of Transportation and Communications - Part Lot 25, Concession 7, former Township of Clarke, now Town of Newcastle KIRBY ------------------------------------------------------------------ RECOMMENDATIONS: 1. That this report be received; and 2. That the attached by-law be adopted for executing the attached Property Purchase Agreement; and 3. That the Treasurer be requested to bring forward a report on the setting up of a reserve account for monies received through the sale of municipal land; and 4. The Ministry of Transportation and Communications be advised of the execution of the agreement as soon as possible. ------------------------------------------------------------------ BACKGROUND AND COMMENT: As members of Council are aware, and as described inreports before Council at this meeting, the Town of Newcastle has agreed to exchange a portion of its lands in part of Lot 25, Concession 7, in the former Township of Clarke, beside the Kirby School Museum, for lands in the southwest quadrant of Kirby, in order to permit a further sale of properties by the Ministry and the eventual re -location of the Kirby General Store to the property beside the Kirby School. The attached "property purchase agreement" has been submitted by M.T.C., for execution by the Town. Staff feel the agreement is appropriate and have attached a by-law y �' /2 REPORT TO COUNCIL September 8th, 1981 ADMIN 8-81 -Page 2 - for the purposes of executing the document. It should be noted that in addition to receiving property, the Town will receive $6,325.00 in further compensation for its lands. It would be appropriate for this amount to be placed in a reserve account for the future acquisitions of municipal property; the recommendation therefore includes a request that the Treasurer bring forward a report in respect of such a reserve. Respectfully submitted, D. N. Smith, M.C.I.P. Administrator DNS/mr Ministry of Transportation and �J Communications Ontario PROPERTY PURCHASE AGREEMENT I/WE _ mhp rnr„__rorati_on__Af_the Town of .Newcastle OF THE ------ nfofyylgt]•n FOR INTERNAL USE ONLY CUR. I% ADV. ; I EXPS. 1 1 W.O. No. HWY. No. 7-79_02 35 115 DIST. 7- REGION Ce ntral P. PLAN No. P 2390®60 REC. APP. APP. APP. (Hereinafter referred to as "Owner(s)") hereby agree to sell and convey to HER MAJESTY THE QUEEN in the right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario (hereinafter referred to as "The Minister") in fee simple free from all tenancies and encumbrances except as to any registered restrictions or covenants that run with the land provided that such are complied with, my/our land in the Tgim of Natrrraa$l F' ------------- __ Township. Gry, Town. mo) in the.--�;Aj.g1�—P.1uS1,iLi�alit7j--i _ ,eing in Lot 25 a • iAt shi f Cl �'1ricP ----- _.___ L t BI k cesson n wnsM1q -c-Heyis1, rnt Phil shown as PARTIS)___ _4_&-3 on Ministry Plan P-__2390-60_._Deposited in the Land ,ir.rn,ur,d Registry Office as 10-R- 1239 For the sum of —Twenty six thouVand three hundred & t,-ienty fi✓ 2693230 )Dollars It is understood and agreed that the above sum includes payment of ','26,325.00 for the above mentioned 1„r_ds and all entitlements as stated in the expropriations act except as hereinafterprovided._ The Minister also__agrees to convey the 3929,2 m2 (0,971 acres) of land shown as Parts 3, 4 and 7 on Plan P-2390-61 deposited in the Land Re&ist_Office as 10 R 1288 said land havinn amutually agreed_ up4n_valuc of ry20,000,00, which_ amount is to be deducted t1h�e_total compensation of ;'26,325.00. During construction, the_Tiinister agrees_.to supply and erect a standard highway wire ___fsnre_on��oo _inside the new rtght--sLf-may limits and to be responsible -_for it's-maintexiance.--Any _ P �a,ti 3_ z once to remain __ the rpgpnnsihility of the owner until the new fence is on place __ T+ ie tmipratnni anA ngrE'_efl the dicpncal of any old fencing material 1;;111 he the reg -pons i hi l i ty of thp i'+ i i ste—_ i\o gates required - Lr It is understood and agreed that trees cut from the above lands become the property of the l+iinistry of Transportation and o m ,ni m eg ions and thedisposal of camp -,'hail he th Minis -h-.'.., responsi- bility. No entrances required. It is understood and agreed that no access to or crossing over the controlled access highway will SBRW172 60-07 Continued on Page 2 MY — Page 2 — M. It is acknowledged that the proposed use of and construction on the lands being acquired has been discussed with me/us and that the sum set out as the consideration in this agreement includes payment for any reduction in market value of my/our remaining lands, if any, but excludes any physical damages to any remaining lands which may occur during the construction period. THIS AGREEMENT IS TO REMAIN OPEN FOR ACCEPTANCE BY THE MINISTER OR HIS REPRESENTATIVE UP TO AND INCLUDING -'HE _ DAY DIepi:ember 10 , and may be accepted by a letter delivered or mailed by prepaid registered post ddressed to the Owners) and deposited in a post office on or before the aforesaid date. The Minister is to be allowed 30 days from the date of acceptance hereof to examine the title at the expense of the Minister. If within thal unu; any valid objection to one is made to the Owner(s) which the Ownor(s) is/are unable or unwilling to remove and which the Imister will not waive, this Agreement is to be null and void. THE SALE OF THE PROPERTY IS TO BE COMPLETED ON OR BEFORE THE DAY OF CiGt0be1'_ 19 81 Upon acceptance of this Agreement by the Minister or his representative, the Owner(s) agrees) that the jr Minister shall have an immediate right to enter upon and take possession of the lands without prejudice to the rights herein. Where buildings are located on the real property being purchased by the Minister, VACANT POSSESSION SHALL BE GIVEN ON CLOSING. Rentals and mortgage interest, if any, and taxes including local improvements are to be adjusted at closing, and utilities and fuels, if any, are to be paid by the Owner(s) up to closing. Tenant(s), if any Mortgageels), if any All buildings and equipment, if any, on the real property shall be and remain at the risk of the Ownerls) until closing. The Minister does not require assignmentls) of the fire insurance. However, the Owner(s) agree(s) in the event of damage to hold any fire insurance policies or proceeds in trust with the right of the Minister to demand the proceeds and complete the purchase. Any adjustment of assessment of any remaining lands of the Owners) shall be the responsibility of the Owneds). This Agreement, when accepted shall constitute a binding Contract of Purchase and Sale. The Owners) covenant(s) and agree(s) with the Minister to do nothing, after the execution of this Agreement by the Owner(s) and while t this Agreement remains in effect, to encumber the property agreed herein to be sold and conveyed. Any Deed or Transfer is to be prepared at the expense of the Minister and any tender, pursuant to this Agreement, of documents and/or money may be made upon the Owner(s) or the Owners) solicitor, or the Minister, and the money may be tendered by a Province of Ontario negotiable cheque. I/We hereby acknowledge that this Agreement is not made subject to any promises by any agent of the Minister of Transportation and. Communications and I/We understand that this Agreement shall not bind the Minister of Transportation and Communications until accepted in writing by or on behalf of the Minister of Transportation and Communications. f DATED at this day of 19 Witness _. _......___ — ___ (Seal)......_.__.