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HomeMy WebLinkAbout70-25 m, 'CORPORATION OF THE TOWN OF BOWMANVILLE BY-LAW NUMBER Being a by-law to authorize the sale of lands to Detta Borgardt, as Trustee for the establishment of industry. WHEREAS by By-Law #68.10 passed by a vote in excess of three-fourths of all the members of the Council of the Corporation of The Town of Boi,qmanville, The Corporation of the Town of Bowmanville did authorize the purchase of certain lands in Township lots 8 and 9 in the first concession for the establishment of industry. AND WHEREAS The Corporation of the Town of Bowmanville has agreed to sell a certain parcel of the said lands situtate in Township lot 8 in the first concession to Detta Borgardt, as Trustees f®r the establishment and carrying on of industry. NOW THEREF RE the Council of The Corporation of the Town of Bowmanville pursuant to Section 379 (1) Paragraph 49 of The Municipal Act,HER.EBY ENACTS as follows: 1. That the Corporation of The Town of Bowmanville do sell and convey to Detta Borgardt, as Trustee for the establishment and carrying on of industry part of original Township lot 8 in the first concession of the Town of Bowmanville, in the County of Durham comprising of 3.718 acres having 559.84>feet for frontage on the east side of Mearns Avenue and being shown outlined in red on the attached Plan of Survey made by M.D. Brown and dated March 13, 1968 with additions September 30, 1968. 2. . That the Purchase Pricet of the said lands, being sold to Detta Borgardt,as Trus .all be $ 3,718-.00. 3. That the conveyance to Detta Borgardt, as Trustee shall contain a restrictive convenant to the effect that the Purchasers shall construct on the said lands buildings suitable for the carrying on of their business operations within one year from the completion of the transaction and registration of the deed;Provided that its failure to construct the said buildings within the specified time shall result in the said lands reverting to the Town of Bowmanville and becoming the property of the Town of Bowmanville upon the Town paying Detta Borgardt,as Trustee, the purchase price paid for the said lands less the Town's costs of the original conveyance and the cost of obtaining the reconveyance;And further provided that Detta Borgardt,as Trusteejill agree to execute a re-conveyance of the said lands in the event of its failure to construct the said buildings and upon re-payment of the purchase price as aforesaid; And further provided that an acknowledgment confirming that the said buildings have been constructed signed by the Mayor and the Clerk of the Town with the Corporate Seal of the Municipality attached shall be good and sufficient evidence that the title of Detta Borgardt,as Trustee is absolute . 4. That the Mayor and Clerk be and are hereby authorized to execute a conveyance of the said lands and any other dacuments necessary to complete- this transaction and to impress the Corporate Seal on all documents on behalf of the Town of Bowmanville . Read a first and second time this lst day of June, 1970 Read a third time and finally passed thislstday of June, f 1970 Mayor Clerk 1 PAR rS OF Bl—OCKS l PLAN OF BOWMANVILLE. ,1,Do4rW 18W, 'BEING PAR7- OF 7-OWNSHP L07- 9 CONCESSION .1 ALL i a i IN . � « 6� l� >. X31® S. c Q 1 �' 414.60' LOT 9 CONCESSION B z Alf W.S.Fat _ .,.� A/ T2°15'45"£ 72®03'F 258.3T rool SL rlf,4411 1,106 1 I //SST_ /V° N19089 M 3 4' 1. — At 7,? 15 T Al LINE FOR DEPARTMENT US—___<LY FORM SB-RW-129 PARTIAL PURCHASES - NO BUILDINGS REV, DEC, 1969 P.R. No. 69-1581 & 69-628L +. HWY. NO. CONT./W.P. NO. REGION DISTRICT Port Hope DEPARTMENT OF HIGHWAYS P. PLAN NO. PROPERTY DEED No. PURCHASE AGREEMENT REC. APP. ►/WE Corl3oration of the Town a Of BO ny'�Ile a APP. J. APP. rig ,gym yg ^g �t �g OF THE SO o Bo n ill IN THE County OF LII7'ham � (HEREIN CALLED "THE VENDOR") HEREBY OFFER TO SELL AND CONVEY TO HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ONTARIO REPRESENTED BY THE MINISTER OF HIGHWAYS FOR THE PROVINCE OF ONTARIO (HEREIN CALLED "THE PUR- CHASER") 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 t.OF X30 i�.I� 235 ,236�..B le IN THE 3�'{ g g}.#. g ,y OF Durham m BEING LOT NUMBER P t - L?.b.ock"Fll C1X.�. F W.1�ot232 239, 240 and Part "Ell according Grantfs bas All being shown outlined � re 11�3 FI`® T a1 $.. ($ 64 2—00 — DOLLARS O fence required. 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 OFFER INCLUDES PAYMENT FOR ANY REDUCTION IN THE MARKET VALUE OF MY/OUR REMAINING LANDS, EXCLUDING ANY PHYSICAL DAMAGE TO THE REMAINING LANDS WHICH MAY OCCUR DURING THE CONSTRUCTION PERIOD. TENANCY, IF ANY N/A ;HE PURCHASER IS TO BE ALLOWED 30 DAYS FROM THE DATE OF ACCEPTANCE HEREOF TO EXAMINE THE TITLE AT THE EXPENSE OF THE PURCHASER. IF WITHIN THAT TIME ANY VAL10 OBJECTION TO TITLE IS MADE IN WRITING TO THE VENDOR WHICH THE VENDOR IS UNABLE OR UNWILLING TO REMOVE AND WHICH THE PURCHASER WILL NOT WAIVE, THIS OFFER TO BE NULL AND VOID. THE SALE OF THE PROPERTY IS TO BE COMPLETED ON OR BEFORE THE DAY OF 19 ON WHICH DATE VACANT POSSESSION IS TO BE GIVEN, IF NOT PREVIOUSLY GIVEN AS HEREINAFTER SET OUT, TO THE PURCHASER. ADJUSTMENT OF ASSESSMENT ON REMAINING LANDS OF THE VENDOR SHALL BE THE RESPONSIBILITY OF THE VENDOR. THIS OFFER AND ITS ACCEPTANCE SHALL CONSTITUTE A BINDING CONTRACT OF PURCHASE AND .SALE AND TIME-SHALL IN ALL RESPECTS BE OF THE ESSENCE HEREOF. UPON ACCEPTANCE OF THIS OFFER BY THE PURCHASER, THE VENDOR AGREES THAT THE PURCHASER SHALL HAVE AN IMMEDIATE RIGHT TO ENTER UPON AND TAKE POSSESSION OF THE LANDS WITHOUT PREJUDICE TO THE RIGHTS HEREIN. THE DEED OR TRANSFER TO BE PREPARED AT THE EXPENSE OF THE PURCHASER AND ANY TENDER OF DOCUMENTS OR MONEY HERE- UNDER MAY BE MADE UPON THE VENDOR OR PURCHASER OR ANY PARTY ACTING FOR EITHER OF THE RESPECTIVE PARTIES AND THE MONEY MAY BE TENDERED BY NEGOTIABLE CHEQUE OF THE PROVINCE OF ONTARIO TREASURY DEPARTMENT. THIS OFFER IS TO REMAIN O EN TR ACCEPTANCE BY THE PURCHASER UP TO AND INCLUDING THE DAY OF 3.9 ,AND MAY BE ACCEPTED BY A LETTER DELIVERED OR MAILED BY PREPAID If I REGISTERED POST ADDRESSED TO.THE VENDOR AND DEPOSITED IN A POST OFFICE ON OR BEFORE THE AFORESAID DATE. /1.kfE HEREBY ACKNOWLEDGE THAT THIS OFFER IS NOT MADE SUBJECT TO ANY PROMISES BY ANY AGENT OF THE MINISTER OF !IGHWAYS AND I/WE UNDERSTAND THAT THIS OFFER SHALL NOT BIND THE MINISTER OF HIGHWAYS UNTIL ACCEPTED IN WRITING BY OR O_U BEHALF OF THE MINISTER OF HIGHWAYS. DATED AT THIS -'"' DAY OF' - -19 (SEAL) W ITN ESS ��(SEAL)