HomeMy WebLinkAbout2001-133 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001- 133
being a By-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and David and Susan Jenkins
in respect to the purchase of a portion of 1467 Prestonvale Road,part Lots
32 and 33, and part of the road allowance between lots 32 and 33, former
Township of Darlington,Municipality of Clarington
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and the Clerk be hereby authorized to execute, on behalf of the Municipality of
Clarington,with the corporate Seal,purchase agreement between David and Susan Jenkins and said
Corporation.
BY-LAW read a first time this 25th day of June 2001
BY-LAW read a second time this 25th day of June 2001
BY-LAW read a third time and finally passed this 25th day of June 2001
John Mt4on,Mayor
atti Ba ' , unic' al Clerk
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OFFER TO SELL
We, the undersigned, SUSAN JENKINS AND DAVID JENKINS (referred to as the "Vendor"), hereby
agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON(the"Purchaser"),
to sell the property shown on the plan attached as Schedule"1"hereto as"Property 2"being Part of Lot 33
and 32, Concession 1, former Township of Darlington now in the Municipality of Clarington, Regional
Municipality of Durham(the"Property")for the purchase price of Two Hundred and Twenty-Five Thousand
($225,000.00)Dollars (the"Purchase Price"), subject to adjustments as provided for below.
ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and conditions:
1. This transaction is to be completed no later than 5:00 p.m.on August 31,2001 (the"Closing
Date"), which date may be extended or amended by written agreement of the solicitors for
the parties, and on which date vacant possession of the Property is to be given to the
Purchaser.
2. This Agreement of Purchase and Sale 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 Vendor represents and warrants to the Purchaser that during the time the Vendor has
owned the Property,the Vendor has not caused any building on the Property to be insulated
with insulation containing ureaformaldehyde,and that to the best of the Vendor's 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.
4. Except as provided in paragraph 5 and 6 hereof,the Vendor shall discharge all encumbrances
and restrictions registered against title to the Property at its expense on or before the
completion of this transaction.
5. The Purchaser is to be allowed until August 15,2001 (the"Requisition Date")to examine the title to
the Property at his own expense and to satisfy itself that there are no outstanding orders or deficiency
notices affecting the Property and that its present use may be lawfully continued. The Vendor hereby
consents to governmental agencies releasing to Purchaser details of all outstanding orders affecting
the Property. The Vendor agrees to execute and deliver such further authorizations in this regard as
Purchaser may reasonably require in this regard.
6. PROVIDED the title is good and free from all registered restrictions, charges, liens and
encumbrances save and except for:
(a) any registered restrictions or covenants that run with the land,provided that such are
complied with;
(b) any municipal agreements and registered agreements with publicly regulated utilities,
providing such have been complied with or security has been posted to ensure
compliance and completion as evidenced by letter from the relevant municipality or
utility supplier; and
(c) any minor easement for the supply of domestic utility or telephone services to the
Property or adjacent properties.
If on or before the Requisition Date any valid objection to title or to any outstanding work order or
deficiency notice and which the Vendor is unable or unwilling to remove, remedy or satisfy and
which Purchaser will not waive, this Agreement of Purchase and Sale notwithstanding any
intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid
shall be returned with interest but without deduction by the Vendor to the Purchaser. Save as to any
valid objection so made by such day and except for any objection going to the root of the title, the
Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property.
7. The Purchaser shall be credited towards the Purchase Price with the amount,if any,which it shall be
necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the
Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of the
Income Tax Act by reason of this sale.The Purchaser shall not claim such credit if the Vendor
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delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is
not then a non-resident of Canada.
8. The Vendor shall deliver on completion evidence of compliance of the transaction with the Family
Law Act, R.S.O. 1990,c.F3,as amended.
9. Except as herein expressly provided,this Agreement shall extend to and be binding upon and enure
to the benefit of the heirs,executors,administrators,successors and permitted assigns of the parties
hereto.
10. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before July 11,2001,otherwise
it shall become null and void. This offer,when accepted,shall constitute a binding contract
of purchase and sale and time in all respect 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.
11. If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be paid in
addition to the Purchase Price.
12. If requested by Purchaser,Vendor will deliver any sketch or survey of the Property within Vendor's
control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any
Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act
(Canada), Chartered Bank,Trust Company,Credit Union,Casse Populaire or Insurance Company
and which is not to be assumed by Purchaser on completion,is not available in registrable form on
completion,Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain,out of the
closing funds,a discharge in registrable form and to register same on title within a reasonable period
of time after completion,provided that on or before completion Vendor shall provide to Purchaser a
mortgage statement prepared by the mortgagee setting out the balance required to obtain the
discharge,together with a direction executed by Vendor directing payment to the mortgagee of the
amount required to obtain the discharge out of the balance due on completion.
13. 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 paid returned
without interest or deduction or else take the proceeds of any insurance and complete the purchase.
No insurance shall be transferred on completion. If Vendor is taking back a Charge/Mortgage, or
Purchaser is assuming a Charge/Mortgage,Purchaser shall supply Vendor with reasonable evidence
of adequate insurance to protect Vendor's or other mortgagee's interest on completion.
14. This Agreement shall be effective to create an interest in the Property only if Vendor
complies with the subdivision control provisions of the Planning Act by completion and
Vendor covenants to proceed diligently at his expense to obtain any necessary consent by
completion.
15. A Transfer/Deed for the Property shall, save for the Land Transfer Tax Affidavits, be
prepared in registrable form at the expense of the Purchaser. The Purchaser shall also obtain
and deposit on title at the Purchaser's expense a Reference Plan of Survey of the Property on
or before the Closing Date. If requested by the Purchaser, Vendor covenants that the
Transfer/Deed to be delivered on completion shall contain the statements contemplated by
Section 50 (22) of the Planning Act, R.S.O. 1990.
16. This Agreement is conditional on the execution by the Purchaser and 289143 Ontario Limited
("289143") of an agreement of purchase and sale of 289143's interest in Property 1 shown on the
plan contained in Schedule"1"hereto before the Closing Date. This condition is for the exclusive
benefit of the Purchaser and may be waived by the Purchaser in its absolute discretion by giving
notice in writing to the Vendor at any time before the Closing Date. If this condition is not satisfied,
this Agreement of Purchase and Sale of the Property shall terminate and it shall have no further force
or effect.
17. On the closing of the transaction,the Vendor shall provide to the Purchaser,the Purchaser's
form of the following documents:
a. Undertaking to Re-adjust
b. Bill of Sale
C. UFFI Warranty
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d. Section 116 of the Income Tax Act/Family Law Act Affidavit
e. Declaration of Possession
f. Direction re: Title
g. Construction Lien Act affidavit
18. Any rents,mortgage interest,realty taxes including local improvement rates and unmetered
public or private utility charges and unmetered cost of fuel, as applicable, shall be
apportioned and allowed to the day of completion, the day of completion itself to be
apportioned to Purchaser.
19. The Purchaser covenants with the Vendor that if in the opinion of the Purchaser's Director of
Engineering, the quality or the quantity of the Vendor's water supply from a well located on the
Vendor's land which is adjacent to the Property is adversely impacted by the development of a
recreation facility by the Purchaser on the lands shown as Property "1" on the plan contained in
Schedule "1" hereto, the Purchaser will mitigate the impact by providing at the discretion of the
Purchaser's Director of Engineering and at the cost of the Purchaser an appropriate water supply by
municipal service, a drilled well, or delivery of potable water to the Vendor's land adjacent to the
Property. This covenant is intended to survive the closing of this transaction.
20. 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 lawyers who are hereby specifically authorized to do so.
21. This Agreement shall be read with all changes of gender or number required by the context.
22. Any Notice required to be served by the Vendor upon the Purchaser pursuant to the provisions of this
Agreement shall be deemed to be good, valid and sufficient service upon the Purchaser if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1C 3A6
Attention: David Crome,Director of Planning Services
Facsimile No. (905)623-0830
and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of
this Agreement shall be deemed to be good,valid and sufficient service upon the Vendor if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
Susan and David Jenkins
1467 Prestonvale Road
Courtice,Ontario L 1 E 2P2
or such other telefax number or address of which either party has notified the other party in writing.
Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under
the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day
(excluding Saturdays,Sundays and statutory holidays)shall be deemed to have been received at the
time of delivery or transmission and if mailed by pre-paid registered mail,it shall be deemed to have
been received on the third business day (excluding Saturdays, Sundays and statutory holidays)
following the mailing thereof. Notwithstanding the foregoing,in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit set out
above,then such notice shall be sent by an alternate means of transportation which it may reasonably
be anticipated will cause the notice to be received reasonably expeditiously by the addressee.
23. For the purposes of this Agreement,the term"Force Majeure"means any delay for the duration of
the delay which is imposed by reason of strikes, lockouts,riots, wars or acts of military authority,
acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts,
rebellion or civil commotion,fire or explosion;flood,wind,water,earthquakes or other casualty,or
an Act of God and any act,omission or event whether of the kind herein enumerated or otherwise not
within the control of the parties none of which has been caused by the deliberate default or act or
omission by the parties and none of which has been avoidable by the exercise of reasonable effort or
foresight by the parties.
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DATED at Courtice,Ontario this day of July, 2001.
S n Jenkin
Davltnkins
DATED at Bowmanville, Ontario this 10 day of July,2001.
THE CORPORATION OF THE
MUNICIPA TY OF CLA NGTON
Per:
John M tton
Mayor
Pa i Barrie
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' THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON PURCHASE FROM JENKINS
Part of Lots 32 and 33, Concession 1 and Part
of the Road Allowance between Lots 32 and 33
Concession 1, designated as Part 2, Plan 40R-20571
' Municipality of Clarington
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Robins
Appleby
& Taub-
Barristers&Solicitors
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INDEX
' Re: The Corporation of the Municipality of Clarington purchase from Susan Jenkins and
David Jenkins -Part of Lots 32 and 33, Concession 1 and Part of the Road Allowance
between Lots 32 and 33, Concession 1, designated as Part 2, Plan 4011-20571,
' Municipality of Clarington
' 1. Reporting letter
' 2. Purchase Agreement
3. Duplicate registered Transfer/Deed of Land No. DR18116
4. Statement of Adjustments
' 5. Direction re Funds
' 6. Plan 40R-20571
7. Execution Certificates
' Declarations as to Writs of Executions
- David Aaron Jenkins
-David Salmers, solicitor for David Aaron Jenkins
' 8. Undertakings
9. Bill of Sale
10. Declarations
- Section 116, Family Law Act
- Construction Lien Act
- GST
' -Possession
' 11. Urea Formaldehyde Warranty
12. Development Review Branch, Municipality of Clarington letter
13. Central Lake Ontario Conservation Authority letter
14. Enbridge Consumers Gas letter
15. Fire Department, Municipality of Clarington letter
' 16. Tax Certificate, Municipality of Clarington
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Robins
Appleby
pp Y
130 Adelaide Street West & Taub John A.Cooney
Suite 2500 Direct Line:(416)360-3349
Toronto,Ontario M5H 2M2 Barristers&Solicitors E-Mail:jcooney @robapp.com
' Telephone: (416) 868-1080 www.robinsapplebyandtaub.com
Facsimile:(416)868-0306
' Delivered by: Courier
File No.: 0100365
' October 12, 2001
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Municipality of Clarington
40 Temperance Street ' J �'i 2 5 2 U 01
Bowmanville, Ontario
L1C 3A6 ON
' I'Lliew!IVI 11=N'r!R f i��lEf`1 i
Attention: Isabel B. Little
' Dear Sirs:
Re: The Corporation of the Municipality of Clarington ("Clarington")
' Purchase from Susan Jenkins and David Jenkins (collectively the "Vendor")
Part of Lots 32 and 33,Concession 1 and Part of the Road Allowance between Lots 32
and 33,Concession 1,designated as Part 2,Plan 40R-20571,Municipality of Clarington
Regional Municipality of Durham (the "Property")
We are pleased to report to you on the above-mentioned transaction, which was completed in
accordance with your instructions on August 31, 2001.
OFFER TO SELL
' Pursuant to an Offer to Sell, a copy of which is enclosed for your records, Clarington agreed to
purchase the Property from the Vendor for the sum of$225,000.00, upon the terms and conditions
more particularly set forth therein(the "Purchase Agreement").
' THE PROPERTY
The property is legally described as Part of Lots 32 and 33, Concession 1 and Part of the Road
Allowance between Lots 32 and 33, Concession 1, designated as Part 2, Plan 40R-20571, in the
Municipality of Clarington, as more particularly set forth in the Transfer/Deed of Land.
CONDITION
Paragraph 16 of Offer to Sell stated that the transaction was conditional on the Purchaser entering
into an agreement to purchase the adjoining lands described as "Property 1" on the schedule to the
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Appleby
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' Offer to Sell owned by 289143 Ontario Limited . We received a copy of this agreement dated June
25, 2001 and therefore, as per your instructions,proceeded to complete the transaction.
' TRANSFER/DEED OF LAND
By Transfer/Deed of Land registered in the Land Titles Office for the Land Registry Division of
' Durham (No. 40) on August 31, 2001 as Instrument No. DR18116, title to the Property was
transferred to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in
accordance with your instructions. The duplicate registered copy of the Transfer/Deed of Land is
' enclosed herewith for your records.
STATEMENT OF ADJUSTMENTS
We are enclosing herewith a copy of the Statement of Adjustments for your records. The Vendor
received a credit for the sale price of the Property, being $225,000.00. There was no deposit paid
with the Agreement and,therefore,there is no adjustment for same on the Statement of Adjustments.
The balance due on closing was the sum of$225,000.00 which amount was paid in accordance with
the Vendor's direction utilizing the funds provided by you. We enclose herewith a copy of the
' Statement of Adjustments for your records.
REALTY TAXES
' We have been advised b the Tax Department that the Property is vacant land and the roe taxes
Y p P Y property rtY
' have not been separately apportioned. It was agreed that since the majority of the property taxes
were attributed towards Part 1,being the retained lands and the taxes for both of the properties were
paid to date, no adjustment was made in relation to the realty taxes.
DIRECTION RE FUNDS
' We were provided with the Vendor's Direction authorizing payment of the proceeds of this
transaction to the solicitors for the Vendor, in trust. We enclose herewith a copy of such direction
for your records.
EXECUTIONS
' Prior to closing,our search of executions revealed one execution filed as no. 95-04253 against David
Allen Jenkins. Accordingly, on closing, we obtained the Statutory Declaration of David Aaron
Jenkins that he is not one and the same person as David Allen Jenkins, the judgment debtor in the
' writ of execution no. 95-04253. We also obtained a Declaration from the solicitor for the Vendor
confirming that the judgement debtor in execution no. 95-04253 is not one and the same person as
David Aaron Jenkins. We enclose copies of these two Declarations for your records.
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Appleby
& Taub
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' TITLE
Prior to closing, we conducted our usual search of title to the Property and performed such other
' searches as we deemed necessary and according to the instruments registered as of the date of
closing, it is our opinion that you have acquired a good and marketable title to the Property in fee
simple, subject to the matters hereinafter set forth:
' a. Notice registered as Instrument No.N125623 on December 19, 1985 being Oshawa Airport
Zoning Regulations.
' b. Any lien that may be preserved and perfected pursuant to the Construction Lien Act, 1990,
to the extent of deficiencies in the holdbacks required to be retained by the Payer under Part
IV of the Act.
SURVEY
' We enclose a copy of Plan 40R-20571 showing Part 2 being the Property purchased. The survey
does not indicate any easements, encroachments or rights of way.
' UNDERTAKINGS
' On closing, we received an undertaking by the Vendor to deliver up vacant possession of the
Property on closing; to pay all arrears of taxes and to pay the 2001 taxes in accordance with the
' Statement of Adjustments;to readjust forthwith upon written demand any item on the statement of
adjustments;, or any item which should have been included for adjustment, if necessary; to pay all
utilities accounts, including hydro-electric,water and gas charges,to the date of closing; to leave on
' the Property all chattels and fixtures specified in the Offer to Sell, free of encumbrances, liens and
claims of any kind whatsoever. We enclose a copy of this Undertaking for your records.
' BILL OF SALE
We received on closing, a Bill of Sale whereby the Vendor transferred to you the chattels and
fixtures including in the purchase price as set out in the Offer to Sell and covenanted that the Vendor
is the lawful owner and that they have the right to transfer and convey the same and that such chattels
and fixtures are free of all encumbrance, liens and claims of any kind whatsoever. We enclose a
' copy of the Bill of Sale for your records.
STATUTORY DECLARATIONS
' We prepared and had executed by the Vendor the following Statutory Declarations attesting, inter
alia:
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Appleby
i &Taub
Barristers k Solicitors
' Section 116,Family Law Act
They were not non-residents of Canada within the meaning of Section 116 of the Income Tax Act
' (Canada) and that within the meaning of the Family Law Act (Ontario) they are spouses of one
another.
' Construction Lien Act
No improvement has been made or is being made to the Property and there has been no supply of
' services to the Property within the last 45 days from the date thereof and no Improvement or Supply
of Services will be made from the date thereof and thus no construction lien could arise.
' Goods and Services Tax Act
No part of the Property is capital property used primarily in a business of the Vendor. The Property
' is exempt from GST under Section 2 and Section 9 of Part I of Schedule V of the Act.
Possession
' The Vendor is the absolute owner of the Property and are now aware of any person or corporation
having any claim or interest in the Property or any part thereof.
' We enclose copies of the documents for your records.
UREA FORMALDEHYDE WARRANTY
' On closing,we obtained from the Vendor a warranty that during the time they owned the Property,
they did not cause any building on the Property to be insulated with insulation containing urea
formaldehyde and that to the best of their knowledge and belief,no building on the Property contains
' or has ever contained insulation that contains urea formaldehyde. We enclose a copy of this
Warranty for your records.
' MUNICIPAL SEARCHES
Prior to closing,we conducted municipal and other searches deemed necessary and ascertained the
' following:
1. Municipality of Clarington,Development Review Branch advises that within Zoning By-law
No. 84-63, as amended, of the former Town of Newcastle, the Property is zoned
"Agricultural and Environmental Protection. Clarington's By-law Department advises that
to the best of their knowledge on August 14, 2001, there were no outstanding notices or
orders against the building or property at that time.
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2. Central Lake Ontario Conservation Authority ("CLOCA") advises that the Property is
located within an area regulated by CLOCA under Ontario Regulation 145/90, CLOCA's
Fill, construction and Alteration to Waterways Regulation. The eastern portion of the
property is partially within the regulatory flood plain of a tributary of the Robinson Creek.
Under the provisions of this Regulation,prior to any filling, grading, construction with the
regulatory flood plain of a watercourse or any alteration to a watercourse, the written
' approval CLOCA is required. CLOCA's approval of works within the regulatory flood plain
may only be granted at the discretion of the CLOCA's board following a hearing before that
board. There are no outstanding directives, orders, or notices of any breach of Ontario
Regulation 145/90 pertaining to the Property.
3. Enbridge Consumers Gas advises that there is no gas being supplied to the Property.
4. Clarington Fire Department advises that their files showed no outstanding violations against
the Property.
We trust that this matter has been completed in accordance with your instructions and to your full
satisfaction and that the foregoing report is clear. Should you have any questions regarding any of
the matters contained herein,please do not hesitate to contact the writer.
' Yours very truly,
' ROBINS, PP EBY & TAUB
Per:
1
Joh A Cooney If,
/lm
Enclosures
RAF1LE1\0100365 VAC\REPORT.
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OFFER TO SELL
We, the undersigned, SUSAN JENKINS AND DAVID JENKINS (referred to as the "Vendor"), hereby
agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON(the"Purchaser"),
to sell the property shown on the plan attached as Schedule"1"hereto as"Property 2"being Part of Lot 33
and 32, Concession 1, former Township of Darlington now in the Municipality of Clarington, Regional
Municipality of Durham(the"Property")for the purchase price of Two Hundred and Twenty-Five Thousand
($225,000.00)Dollars (the"Purchase Price"), subject to adjustments as provided for below.
ADDITIONALLY,the Purchaser agrees with the Vendor to the following terms and conditions:
' 1. This transaction is to be completed no later than 5:00 p.m.on August 31,2001 (the"Closing
Date"), which date may be extended or amended by written agreement of the solicitors for
the parties, and on which date vacant possession of the Property is to be given to the
' Purchaser.
2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an
1 executed copy of same by each party to the other shall constitute complete offer and
acceptance thereof.
' 3. The Vendor represents and warrants to the Purchaser that during the time the Vendor has
owned the Property,the Vendor has not caused any building on the Property to be insulated
with insulation containing ureaformaldehyde,and that to the best of the Vendor's 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.
4. Except as provided in paragraph 5 and 6 hereof,the Vendor shall discharge all encumbrances
' and restrictions registered against title to the Property at its expense on or before the
completion of this transaction.
' 5. The Purchaser is to be allowed until August 15,2001 (the"Requisition Date")to examine the title to
the Property at his own expense and to satisfy itself that there are no outstanding orders or deficiency
notices affecting the Property and that its present use may be lawfully continued. The Vendor hereby
consents to governmental agencies releasing to Purchaser details of all outstanding orders affecting
' the Property. The Vendor agrees to execute and deliver such further authorizations in this regard as
Purchaser may reasonably require in this regard.
' 6. PROVIDED the title is good and free from all registered restrictions, charges, liens and
encumbrances save and except for:
' (a) any registered restrictions or covenants that run with the land,provided that such are
complied with;
(b) any municipal agreements and registered agreements with publicly regulated utilities,
iproviding such have been complied with or security has been posted to ensure
compliance and completion as evidenced by letter from the relevant municipality or
utility supplier; and
i (c) any minor easement for the supply of domestic utility or telephone services to the
Property or adjacent properties.
' If on or before the Requisition Date any valid objection to title or to any outstanding work order or
deficiency notice and which the Vendor is unable or unwilling to remove, remedy or satisfy and
which Purchaser will not waive, this Agreement of Purchase and Sale notwithstanding any
intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid
shall be returned with interest but without deduction by the Vendor to the Purchaser. Save as to any
valid objection so made by such day and except for any objection going to the root of the title, the
' Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property.
7. The Purchaser shall be credited towards the Purchase Price with the amount,if any,which it shall be
' necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the
Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of the
Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor
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delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is
not then a non-resident of Canada.
8. The Vendor shall deliver on completion evidence of compliance of the transaction with the Family
Law Act, R.S.O. 1990, c.F3, as amended.
9. Except as herein expressly provided,this Agreement shall extend to and be binding upon and enure
to the benefit of the heirs,executors,administrators,successors and permitted assigns of the parties
hereto.
10. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before July 11,2001,otherwise
it shall become null and void. This offer,when accepted,shall constitute a binding contract
of purchase and sale and time in all respect 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.
' 11. If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be paid in
addition to the Purchase Price.
12. If requested by Purchaser,Vendor will deliver any sketch or survey of the Property within Vendor's
control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any
Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act
(Canada), Chartered Bank,Trust Company,Credit Union, Casse Populaire or Insurance Company
and which is not to be assumed by Purchaser on completion,is not available in registrable form on
completion,Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain,out of the
' closing funds,a discharge in registrable form and to register same on title within a reasonable period
of time after completion,provided that on or before completion Vendor shall provide to Purchaser a
mortgage statement prepared by the mortgagee setting out the balance required to obtain the
' discharge,together with a direction executed by Vendor directing payment to the mortgagee of the
amount required to obtain the discharge out of the balance due on completion.
13. 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 paid returned
' without interest or deduction or else take the proceeds of any insurance and complete the purchase.
No insurance shall be transferred on completion. If Vendor is taking back a Charge/Mortgage, or
Purchaser is assuming a Charge/Mortgage,Purchaser shall supply Vendor with reasonable evidence
of adequate insurance to protect Vendor's or other mortgagee's interest on completion.
14. This Agreement shall be effective to create an interest in the Property only if Vendor
' complies with the subdivision control provisions of the Planning Act by completion and
Vendor covenants to proceed diligently at his expense to obtain any necessary consent by
completion.
' 15. A Transfer/Deed for the Property shall, save for the Land Transfer Tax Affidavits, be
prepared in registrable form at the expense of the Purchaser. The Purchaser shall also obtain
' and deposit on title at the Purchaser's expense a Reference Plan of Survey of the Property on
or before the Closing Date. If requested by the Purchaser, Vendor covenants that the
Transfer/Deed to be delivered on completion shall contain the statements contemplated by
' Section 50 (22) of the Planning Act, R.S.O. 1990.
16. This Agreement is conditional on the execution by the Purchaser and 289143 Ontario Limited
("289143") of an agreement of purchase and sale of 289143's interest in Property 1 shown on the
plan contained in Schedule"1"hereto before the Closing Date. This condition is for the exclusive
benefit of the Purchaser and may be waived by the Purchaser in its absolute discretion by giving
' notice in writing to the Vendor at any time before the Closing Date. If this condition is not satisfied,
this Agreement of Purchase and Sale of the Property shall terminate and it shall have no further force
or effect.
17. On the closing of the transaction,the Vendor shall provide to the Purchaser,the Purchaser's
form of the following documents:
a. Undertaking to Re-adjust
b. Bill of Sale
' C. UFFI Warranty
3
' d. Section 116 of the Income Tax Act/Family Law Act Affidavit
e. Declaration of Possession
f. Direction re: Title
g. Construction Lien Act affidavit
18. Any rents,mortgage interest,realty taxes including local improvement rates and unmetered
public or private utility charges and unmetered cost of fuel, as applicable, shall be
apportioned and allowed to the day of completion, the day of completion itself to be
apportioned to Purchaser.
' 19. The Purchaser covenants with the Vendor that if in the opinion of the Purchaser's Director of
Engineering, the quality or the quantity of the Vendor's water supply from a well located on the
Vendor's land which is adjacent to the Property is adversely impacted by the development of a
recreation facility by the Purchaser on the lands shown as Property "1" on the plan contained in
Schedule "1" hereto, the Purchaser will mitigate the impact by providing at the discretion of the
' Purchaser's Director of Engineering and at the cost of the Purchaser an appropriate water supply by
municipal service, a drilled well, or delivery of potable water to the Vendor's land adjacent to the
Property. This covenant is intended to survive the closing of this transaction.
' 20. 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 lawyers who are hereby specifically authorized to do so.
21. This Agreement shall be read with all changes of gender or number required by the context.
22. Any Notice required to be served by the Vendor upon the Purchaser pursuant to the provisions of this
Agreement shall be deemed to be good, valid and sufficient service upon the Purchaser if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1C 3A6
Attention: David Crome,Director of Planning Services
' Facsimile No. (905) 623-0830
and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of
' this Agreement shall be deemed to be good,valid and sufficient service upon the Vendor if served
personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
Susan and David Jenkins
1467 Prestonvale Road
Courtice, Ontario LIE 2P2
or such other telefax number or address of which either party has notified the other party in writing.
Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under
the terms of this .Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day
' (excluding Saturdays,Sundays and statutory holidays)shall be deemed to have been received at the
time of delivery or transmission and if mailed by pre-paid registered mail,it shall be deemed to have
been received on the third business day (excluding Saturdays, Sundays and statutory holidays)
1 following the mailing thereof. Notwithstanding the foregoing,in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit set out
above,then such notice shall be sent by an alternate means of transportation which it may reasonably
be anticipated will cause the notice to be received reasonably expeditiously by the addressee.
23. For o the purposes of this Agreement, the term"Force Majeure"means any delay for the duration of
the delay which is imposed by reason of strikes, lockouts,riots, wars or acts of military authority,
acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts,
rebellion or civil commotion,fire or explosion;flood,wind,water,earthquakes or other casualty,or
an Act of God and any act,omission or event whether of the kind herein enumerated or otherwise not
' within the control of the parties none of which has been caused by the deliberate default or act or
omission by the parties and none of which has been avoidable by the exercise of reasonable effort or
foresight by the parties.
4
' DATED at Courtice, Ontario this (Y day of July, 2001.
jSusanen ns
David J
DATED at Bowmanville, Ontario this 10 day of July, 2001.
' THE CORPORATION OF THE
MU RINGTON
Per:
John utto
' Mayor
' Pa i Barr'
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SCALE 1:5000
Province Transfer/Deed of Land Do Process Software Ltd. (416)322-6111
Of
Ontario Form 1—Land Registration Reform Act File 0100365
(1)Registry 191 Land Titles ❑ (2) Page 1 of pages
F) (3) Property Block Property
�. its Identifier(s) 26939-0016 (LT) Additional: ❑
V See
ut..� � schedule
o°
Consideration
,.� 4°,4 �WO HUNDRED TWENTY FIVE THOUSAND-------______----_____
0 4 _ Dollars g 225,000.00
�1
0-o Q (5)Description This is a: Property Property
/1 Division ❑ Consolidation ❑
Part of Lots 32 and 33, Concession 1 and Part of the
tv Road Allowance between Lots 32 and 33, Concession 1
designated as Part 2, Plan 40R-20571
New Property Identifiers Municipality of Clarington(formerly Township of Darlington)
Additional: ❑
See Regional Municipality of Durham
Schedule
Executions
Additional:
See ❑Schedule
(6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch ❑ ❑ Parties ❑ Other Description
IRS)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.
-•--•...............................................•----.........----------...........-•-•--------...........---•-------............---------............................--•-
......................................................•----.......---...---•--•-•------•--....-----.....--•----4au .............................................................. Date of Signature
Name(s) Y M D
i
IEIVKINSx D Y 4�_Aaron. ...................•----------•----------.......x..2001...A JEIyKINS,Susan-Ruth . :.................................................L.2001....:0$.. '
as...... Tgnants__... �......... ......E.......
(9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature
Names) Signature(s) y M D
...................................................••-----------••-•---------------.......--••----------..........-- ..............---------....--••.......------.................._.._.....---..... ............... •...........
(10) Transferor(s)Address 1467 Prestonvale Road, �Courtice Ontario L1E 2P2
for Service �
(11)Transferee(s) Date of Birth
y M D
THE THE MUNICIPALITY OF CLARINGTON.••••••••-----------------••....-.-.__•--..-_...-...........................------........
.....................................................................................................................................................................................................1...-----_._...}....i......
.....................................................................................................................................................•---................................................------------•---}------{--------
(12) Transferee(s)Address 40 Temperance Street Bowmanville Ontario L1C 3A6
for Servic P > >
(13)Tran The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
JENKI , vid Aaron Date of Signature JENKINS, Susan-Rqth Date of signature
y M D9 y M D
Signature. __ x _..2001 08 °�__! Signature 2001 - 08••-
. .-- ............ ......•.....
Solicitor for r n eror s I have explained the effect of section 50 of the Planning Act the tansf have made inquiries of the transferor to determine
Q that this transfer'does not contravene that section and based on the information supplied by the tran ror, the est of my knowledge and belief,this transfer
does not contravene that section.I am an Ontario solicitor in good standing. Date of Si nature
Name and David Salmers y ; D
i Address of 55 William Street E. P.O. Box 2096, Stn. A : 2001 :08_- -
Solicitor Oshawa Ontario LM 7V4 Signature.......... . ... . .... ...... _-_-__............... .
Q (,
� y (14) Solicitor for Transferee(s) I have investigated the transferors)title to this land and to abutting land where relevant and I am satisfied that
- the title records 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
a°a belief this transfer does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s)and I am an
E y Ontario solicitor in good standing. John A. Cooney, Robins, Appleby & Taub
d o c PIN: Cont. Name of Transferee(s): Con't. Name and 2500-130 Adel aide Street 4Jest
26939 0016 The Corporation of the Address of 17ate of Signature
ks a on on Solicitor Toronto, Ontar• , M5H 2M2 y M D
a•o= L T - P a r tscnedule Schedule
° Muni ci pal i ty of Cl ari ngton GG'i? �' 2001 08 124
Signature ,
(15)Assessment Roll Number Cty. ? Mun.; Map Sub. Par. J Fees and Tax
of Property Not Assigned Z
O Registration Fee
(16)Municipal Address of Property (17)Document Prepared by: w
John A. Cooney j Land Transfer Tax
Robins,Appleby&Taub W
of Assigned 130 Adelaide Street West FL
Suite 2500 0
Toronto, Ontario 0
M5H 2M2 Total
Document prepared using The Conveyancer
STATUTORY DECLARATION AS TO WRITS OF EXECUTION
THE LAND TITLES ACT,SECTION 138
IN THE MATTER OF Part of Lots 32 and 33, Concession 1 and Part of the Road Allowance
between Lots 32 and 33,Concession 1, designated as Part: 2, Plan 40R-20571,
in the Municipality of Clarington,in the Regional Municipality of Durham.
AND IN THE MATTER OF a certain Writ of Execution in the hands of the Sheriff of the
Regional Municipalities of Durham, a copy of which has been filed in the Land Registry Office for
' the Land Titles Division of Durham(No.40),as Number 95-04253.
I,DAVID SALMERS,solemnly declare that:
' 1. I am the solicitor for the registered owner of the above described land, DAVID AARON
JENKINS.
' 2. The registered owner of the above-mentioned P arcel, DAVID AARON JENKINS is not the
same person as DAVID ALLEN JENKINS, the judgment debtor named in Writ of Execution
' Number 95-04253, wherein THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,
assigned to A/T CANADA MORTGAGE HOUSING CORPORATION as Plaintiff, was awarded
$104,319.59 plus interest at 11.1250%from November 2, 1995.
AND I 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 )
City of Oshawa,in the
Regional Municipality of )
Durham,this day of ) Da id lme
Augu )
A Commissioner, etc.
1
(THEProcess Software Ltd. (416)322-6111 Page 2 Affidavit of Residence and of Value of the Consideration
fer to all instructions on reverse side. Form I —Land Transfer Tax Act
MATTER OF THE CONVEYANCE OF (insert brief description of land) Part of Lots 32 and 33. Concession 1 and Part of the
Road Allowance between Lots 32 and 33Concession 1,designated as Part 2,Plan 40R-20571, Municipality of
r'ngton(formerly Township of Darlington), Regional Municipality of Durham,PIN No. 26939-0016
(print names of all transferors in fuit)DAVID AARON JENKINS AND SUSAN RUTH JENKINS
if (see instruction 1 and print names of all transferees in fun) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(see instruction 2 and print names)in full) JOHN A. COONEY
�AKE OATH AND SAY THAT:
I am(piece a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)):(see instruction 2)
I (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;
X (d) The authorized agent or solicitor acting in this transaction for(insertname(s)orprincipaiw) The Corporation of the Municipality of
Clarington
' described in paragraph(s) (c) above;(strike out references to inapplicable paragraphs)
E] (e) The President, Vice-President,Manager,Secretary,Director or Treasurer authorized to act for(insert name(s)of corporation(s))
' described in paragraph(s) (a), (b), (c) above:(strike out references to inapplicable paragraphs)
(f) A transferee described in paragraph( ) (insert only one of paragraph(a),(b)or(c)above,as applicable)and am making this affidavit on my own behalf and on
behalf of fnsert name ofspouse) who is my spouse described
in paragraph( ) (insertonlyone ofparagraph(a),(b)or(c)above,asapplicable) and as such,I have personal knowledge of the facts herein deposed to.
(To be completed where 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)oa)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. cent upon the value of consideration in excess of$400,000 where the conveyance
contains more than two single family residences. (see instruction 3) contains at least one and not more than two single family residences.
3. 1 have read and considered the definitions of"non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act.(see instructions 4 and 5) none
THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . .$ 2250000.00
(b)Mortgages(I)Assumed(show principal and interest to be credited against purchase price) . ,$ Nil
(ii)Given back to vendor . . . . . . . . . . . . . . . . . . . . . .$ Nil
' (c)Property transferred in exchange(detail below) . . . . . . . . . . . . . . . . . .$ Nil All Blanks
(d)Securities transferred to the value of(detail below) . . . . . . . . . . . . .$ Nil Must Be
(e)Liens,legacies,annuities and maintenance charges to which transfer is subject . . . .$ Nil Filled!n.
(f)Other valuable consideration subject to land transfer tax(detail below) . . . . . . . . .$ Nei
Insert"Nil"
(g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
Where
LAND TRANSFER TAX (Total of(a)to(f)) , , , , , , , , , , , , , , , , , , ,$ 225,000.00$ 225,000.00
(h) VALUE OF ALL CHATTELS —items of tangible personal property Applicable
(Retail Sales Tax is payable on the value of all chattels unless exempt under Nil
the provisions of the"Retail Sales Tax Act",R.S.O.1980,c.454,as amended) $
(i)Other consideration for transaction not included in(g)or(h)above . . . . . . . . . . . . . . . . . . . .$ Nil
(j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 225+000.00
If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 6)
n/a
6. If the consideration is nominal,is the land subject to any encumbrance? n/a
Other remarks and explanations,if necessary.
n/a
rtom before me at the City of Toronto
he Province of Ontario
this 2 ) day of August 2001
WEAVER,A COMMISSIONER,ETC.,
OF TORONTO,FOR ROBINS,APPLEBY 81AUB. J n none
I Commissioner f takin avits,etc. gARp,(STERS AND SOLICITORS. signs re(s)
rroperty Information Record EXPIRES For Land Registry Office Use Only
. Describe nature of instrument: Transfer/Deed of Land Registration No.
B. (i)Address of property being conveyed(if available) Not Assigned
(ii)Assessment Roll No.(ifavanabie) Not Assigned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) Registration Date Land Registry Office No.
� 40 Temperance Street,Bowmanville, Ontario L1C 3A6
. (i)Registration number for last conveyance of property being conveyed(if available)
(ii)Legal description of property conveyed: Same as in D.(i)above. Yes No E] Not known❑
Name(s) and address(es) of each transferee's solicitor
John A. Cooney, Robins.Apples &Taub
130 Adelaide Street West, Suite 2500,Toronto,_Ontario,M5H 2M2
File 0100365
chool Tax Support(Voluntary Election) See reverse for explanation
Are all individual transferees Roman Catholic? Yes 1:1 No D
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes 1:1 No
Do all individual transferees have French Language Education Rights? Yes[] No
If Yes,do all individual transferees wish to support the French Language School Board(where established)? Yes O No
OTE: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). 0449D(90-09)
AUG-21 -2001 10 ; 59 AM SALMERS STRIKE & FURLONG 9057231157 P. 03
STATEMENT OF ADJUSTMENTS
' VENDORS: DAVYD AARON JENKINS and SUSAN RUTH JENKINS
' 1 "H�i1C1.�ASEItS: CORPORATION OF THE MUNICIPALITY OF C(,ARINGTON
PRapEiitTYt 1457 PRESTONVA.LE ROAD,COURTICE,ONTARIO
' CLOSING DATE: AUGUST 31,2001
SALE PRICE S 225,000.00
' DEPOSIT PAID Nil
BALANCE DUE ONCLOSING
1 PAYABLE to SALMERS,STRIKE AND
FURLONG in Trust,or to whom they may
fiw&er direct on closing as per Direction 225,000.00
S 225,000.00 $225,000.00
' EWE
' AUG 21 '01 11:04 9057231157 PAGE.03
4
' DIRECTION RE FUNDS
' TO: THE COPRPORATION OF THE MUNICIPALITY OF CLARINGTON
' AND
TO: ROBINS,APPLEBY& TAUB,Solicitors
' RE: Jenkins sale to Mun.of Clarington,
1467 Prestonvale Road,Courtice,Ontario.
' I/We, the undersigned, HEREBY AUTHORIZE and DIRECT you to make the
' proceeds due on completing the above referenced transaction payable to my/our solicitors,
SALMERS, STRIKE AND FURLONG, IN TRUST, or as they may further direct, and for so
' do i ng t his shall be your good and sufficient authority.
DATED at Oshawa, Ontario,this day of August, 2001.
1 ************* CERTIFICATE # :
* EXECUTION * NO DE CERTIFICAT:
1 ************* 00404092-1134234B
C E R T I F I C A T E / C E R T I F I C A T
LERIFF AT: LRO#40 DURHAM
SHERIF A .
LATE OF CERTIFICATE : 2001-08-31
DATE DU CERTIFICAT :
(THIS CERTIFIES THAT LISTED BELOW ARE ALL WRITS OF EXECUTION, ORDERS
AND CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST
THE REAL AND PERSONAL PROPERTY OF:
UATTESTE PAR LA PRESENTE QU'ENUMERES CI-APRES SONT TOUS LES BREFS
D'EXECUTION, LES PRIVILEGES, ET LES ORDONNANCES DONT JE
�ISPOSAIS AU MOMENT DE LA RECHERCHE FAITE SUR LES BIENS MEUBLES ET
MMEUBLES DE:
1 SURNAME / NOM GIVEN NAMES / PRENOM (S)
------------------------------------------------------------------------
------------------------------------------------------------------------
i(PERSON/PERSONNE) JENKINS, DAVID AARON
EXECUTION # 95-04253* JENKINS, DAVID ALLEN
1
CAUTION TO PARTY REQUESTING SEARCH:
(NSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED.
RITS AND CERTIFICATES MAY BE REMOVED FROM THE SHERIFF' S FILES
UBSEQUENT TO THIS SEARCH AND MAY BE SHOWN AS CLEAR LATER THIS DATE .
V SSRTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE:
UREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUI
EST RECHERCHE. IL SE PEUT QUE DES BREFS ET DES CERTIFICATS SOIENT
IrTIRES DES DOSSIERS DU SHERIF APRES CETTE RECHERCHE ET PURGES DANS
JOURNEE.
FARGE FOR THIS CERTIFICATE $ 11 . 00'
AIS POUR CE CERTIFICAT
SEARCHER REFERENCE : 0100365
�EFERENCE CONCERNANT L'AUTEUR DE LA DEMANDE :
(*) WRIT REGISTERED AT LAND TITLES .
i
1
i
SCHEDULE I REQUIRE THIS PLAN TO BE r
PART DESCRIPTION PIN AREA (OCree) TLEO51 A0 UNDER THE LAND PLAN 40R—a2g-
I PART OF LOT 33 CONCESSION 1 1.38
PART OF LOTS 32 & 33 CONCESSION 1 AND ' JULY 9, 2001. RECEIVED AND DEPOSITED
ALL OF 26939-0016(LT) DATE
2 PART OF THE ROAD ALLOWANCE BETWEEN I f 8.59
j LOTS 32 & 33 CONCESSION 1 ( `,�
�� �- �.� DATE
RAG/ONAL Rt��D 'Vo. l l; SIGNATURE
DEPUTY LAND REGISTRAR FOR
t MURRAY JOHNSTON THE LAND TITLES DIVISION OF
t NAY 4NW1 c-V
NAME IN PRINT DURHAM. (No. 40)
(,ACCORDING TO PLAN IOR-3392)
NIr
PLAN OF SURVEY
OF PART OF LOTS 32 & 33,
1,�,4A' 401 - ,14692 CONCESSION 1 , AND PART OF THE
ROAD ALLOWANCE BETWEEN LOTS
z 32 & 339 CONCESSION 1 , all in the
/ 2 N
TOWNSHIP OF DARLINGTON, now In the
(PLAN 4(0-14692 t MEAS)
-791- ' ' — MUNICIPALITY OF CLARINGTON
-- -
18(1414) 91.80' +g.tt0�)
OH C
j ► i ; REGIONAL MUNICIPALITY OF DURHAM
o� BROWN & COGGAN LTD. OLS.
o
,- �._ o •� � SCALE 1'' 100
N
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P/N' 16939 - 001.' i a� QD
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(PLAN{PLAN 40 -18053 & MEAS.) r a y
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(PLAN 4OR-18053 & MEAS) 925.65
(PLAN 4OR-18053 & MEAS.) (393.58' PLAN 4OR-18053) 16 1008 C7 C f 16.(1006}
N 73°33'20"E 393.44' N 7 i 0.32 20"E 366 33'
FfNCf (PLAN 40R-18053 t MEAS.) j
(8.(1006) Rt7IAhKS iB.(T006} P W' (PLAN 4pq 18053 t WAS-)
SURVEYORS CERTIFICATE
�\ 1B.(DFP;
Q �
CERTIFY THAT
Q i ! Q�
M) i 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
PART 2 ill
ACT; T11E'SURVEYOf2S ACT AND THE LAND TITLES ACT AND THE REGULATIONS
I = MADE UNDER THEM
PIN '69.j9 - 0016 I L r" 3 41 L
THE SURVEY WAS COMPLETED ON THE 5th. DAY OF JULY, 2001.
� N CONCESSION
M
V ^' l ,
1 i 3 2 f �� JULY 9, 2001 N..
z it z
q < DATE OU t-?-AS COGGAN
ONTARIO LAND SURVEYOR
N73°10'00"E 251.91' 1/NL-t IS DFP t8(I 0m)- ? ;
1$. S18.(DFP) N72°59'30"E 6 9.99' 139-�7 r+-- N73°07'00"E ( AS) 339.77' SIB(DFP)
(N73.02'E PLAN 4OR-14692) (,PLAN 4DR-14692 & MEAS) N74*08'10"E
lL44 V
W F—
v3 N O 0
00 M� -J BEARING REFERENCE
?In M 10( BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO A SOUTH LIMIT OF PART 2,
PART 1 3 1 O (� i ' i PLAN 40R-18053, HAVING A BEARING OF N71°20'20"E
rz o =
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P//tI 269..39 - 0016 �L TJ g4 J
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(PN 4OR-14692 ►, ASa PART 5
NOTES & LEGEND
PLAN 401P - 14692 � V ■ DENOTES MONUMENTATION FOUND
PART 7 P//V 269..39 - 0021 I 0 DENOTES MONUMENTAT19N PLANTED
PLAN TOR - 1411 � � � �
SIB. DENOTES STANDARD IRON BAR
SSIB. DENOTES SHORT STANDARD IRON BAR
IB. DENOTES IRON BAR
iB.0 DENOTES ROUND'IRON BAR
WIT. DENOTES WITNESS
I
(DFP) DENOTES DONEVAN, FLEISCHMANN, PETRICH LTD., OLS
(765) DENOTES NORTON, WALLACE & DAVIES LTD., OLS
(1006) DENOTES H, FLIM, OLS
(1414) DENOTES BROWN & COGGAN LTD., OLS
_ 0
0
BROWN & COGGAN LTD.
ONTARIO LAND SURVEYORS
1 DIVISION STREET , SUITE '8'
BOWMANVIU-E , ONTARIO
UNITS DISTANCES SHOWN ON THIS PLAN ARE IN FEET AND 905)623-7251 t_1C 2Z2
CAN BE CONVERTED TO METRES BY MULTIPLYING BY 0.3048. DRAWN BY MSJ (CST) SCALE 1 100' FILE No. 1010614
***************** CERTIFICATE # :
' * CLEAR / LIBRE * NO DE CERTIFICAT:
***************** 00404091-0461114B
C E R T I F I C A T E / C E R T I F I C A T
SHERIFF AT: LRO#40 DURHAM
HERIF A .
ATE OF CERTIFICATE: 2001-08-31
DATE DU CERTIFICAT :
tCERTIFY THAT THERE ARE NO WRITS OF EXECUTION, ORDERS
OR CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST
tHE REAL AND PERSONAL PROPERTY OF:
JE CERTIFIE, PAR LA PRESENTS, DE NE PAS AVOIR DE BREF D-EXECUTION,
fI DE CERTIFICAT DE PRIVILEGE, NI D-ORDONNANCE EN MA POSSESSION
U MOMENT DE LA RECHERCHE VISANT LES BIENS ' MEUBLES OU IMMEUBLES DE:
SURNAME / NOM GIVEN NAMES / PRENOM(S)
'(PERSON/PERSONNE) JENKINS, SUSAN RUTH
AUTION TO PARTY REQUESTING SEARCH:
UNSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED
IS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE.
tVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE:
SSUREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUI
EST RECHERCHE. CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE
(E TRAVAIL.
HARGE FOR THIS CERTIFICATE $ 11 . 00,
tRAIS POUR CE CERTIFICAT
EARCHER REFERENCE 0100365
REFERENCE CONCERNANT L'AUTEUR DE LA DEMANDE
r
1
STATUTORY DECLARATION AS TO WRITS OF EXECUTION
THE LAND TITLES ACT-SECTION 138
' IN THE MATTER OF Part of Lots 32 and 33,Concession 1 and Part of the road Allowance
between Lots 32 and 33,Concession 1,designated as Part 2,
Plan 4011-20571,in the Municipality of Clarington,in the Regional
1 Municipality of Durham.
rAND IN THE MATTER OF a certain Writ of Execution in the hands of the Sheriff of the Judicial
rDistrict of Durham, a copy of which has been filed in the Land Titles Division of Durham (No. 40)
as Number 95-04253.
I,DAVID AARON JENKINS,make oath and say as follows:
I am one of the registered owners of the above-described land.
2. I am not one and the same person as DAVID ALLEN JENKINS, the judgment debtor
1 named in Writ of Execution Number 95-04253, wherein The Prudential Insurance Company of
America assigned to A/T Canada Mortgage Housing Corporation as Plaintiff, was awarded the sum
of$104,319.59 plus interest at 11.1250%from November 2, 1995.
1
SWORN before me at the City of )
Oshawa,in the Regional Muni- ) r
cipality of Durham,this a )
day of A t,2 01. ) Davi o Jenkins
1 A Co issio e
i
i
1
1
1
1 .
1
STATUTORY DECLARATION AS TO WRITS OF EXECUTION
THE LAND TITLES ACT, SECTION 138
IN THE MATTER OF Part of Lots 32 and 33, Concession 1 and Part of the Road Allowance
between Lots 32 and 33, Concession 1, designated as Part 2, Plan 40R-20571,
in the Municipality of Clarington, in the Regional Municipality of Durham.
AND IN THE MATTER OF a certain Writ of Execution in the hands of the Sheriff of the
Regional Municipalities of Durham, a copy of which has been filed in the Land Registry Office for
the Land Titles Division of Durham(No.40),as Number 95-04253.
I,DAVID SALMERS,solemnly declare that:
1 1. I am the solicitor for the registered owner of the above described land, DAVID AARON
JENKINS.
2. The registered owner of the above-mentioned P arcel, DAVID AARON JENKINS, is not the
same person as DAVID ALLEN JENKINS, the judgment debtor named in Writ of Execution
Number 95-04253, wherein THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,
assigned to A/T CANADA MORTGAGE HOUSING CORPORATION as Plaintiff, was awarded
$104,319.59 plus interest at 11.1250%from November 2, 1995.
AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of
1 the same force and effect as if made under oath.
DECLARED before me at the )
City of Oshawa, in the )
Regional Municipality of )
' Durham, this 0-1, day of ) Davi Sa mers
August,2001 )
A ommissioner, etc.
Q:\FILES\CON VEY\0100365."-V UND
UNDERTAKINGS
TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND TO: ROBINS,APPLEBY & TAUB
' its solicitors herein
RE: The Corporation of the Municipality of Clarington(the "Purchaser") purchase
' from David Aaron Jenkins and Susan Ruth Jenkins (the "Vendor")
1467 Prestonvale Road, Courtice, Ontario (the "Property").
' IN CONSIDERATION of and notwithstanding the closing of the above transaction, we hereby
undertakes as follows:
1. TO deliver up vacant possession of the premises on closing;
2. TO pay all arrears of taxes to the extent that an allowance has not been granted to the
purchaser on account thereof and to pay the 2001 taxes in accordance with the Statement of
Adjustments;
3. TO readjust, forthwith upon demand any item on the Statement of Adjustments, or any item
which should have been included for adjustment, if necessary;
4. TO pay all utilities accounts,including hydro-electric,water and gas charges, to the date of
closing;
' 5. TO supply and pay for fuel oil in accordance with the Statement of Adjustments, if
applicable;
' 6. TO leave on the premises all chattels and fixtures specified in the Agreement of Purchase and
Sale, ' ,free of encumbrances,liens and claims of any kind whatsoever.
DATED the day of August, 2001.
Davi A nkins
1
SusafLRuth
knkifs
Q:T1LES\CONVEY\0100365."YBOS.
BILL OF SALE
# TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND TO: ROBINS,APPLEBY & TAUB
its solicitors herein
1 RE: The Corporation of the Municipality of Clarington(the "Purchaser")purchase
from David Aaron Jenkins and Susan Ruth Jenkins (the "Vendor")
1467 Prestonvale Road,Courtice, Ontario (the "Property").
IN CONSIDERATION of the closing of the within transaction, the undersigned,being the Vendor
of the Property, hereby sells, transfers and conveys to the Purchaser, the chattels and fixtures
included in the purchase price as specified in the Agreement of Purchase and Sale;and covenant that
the undersigned are the lawful owners thereof and that the undersigned have the right to transfer and
convey the same and that such chattels and fixtures are free of all encumbrances, liens and claims
of any kind whatsoever.
DATED the day of August, 2001.
1 David Aaron Jenkins
-' Susan Muth Je s
1
QAFILESVC0NWY10100365."_VDCI 16
DECLARATION RE: SECTION 116,FAMILY LAW ACT
' CANADA
IN THE MATTER OF the sale by David Aaron Jenkins
and Susan Ruth Jenkins (the "Vendor") to The
Corporation of the Municipality of Clarington (the
PROVINCE OF ONTARIO ) "Purchaser") of Part of Lots 32 and 33, Concession 1
and Part of the original Road Allowance between Lots
32 and 33, Concession 1, Municipality of Clarington
(formerly Township of Darlington)designated as Parts
1 and 2, Plan 40R-20571, known municipally as1467
Prestonvale Road,Courtice,Ontario(the "Property")
We, David Aaron Jenkins and Susan Ruth Jenkins
of the 1�1
' in the
' SOLEMNLY DECLARE that:
1. We are the Vendor in the above transaction and as such have personal knowledge of the matters
hereinafter declared.
2. We are not non-residents of Canada within the meaning of Section 116 of the Income Tax
IAct(Canada) and nor will we be non-residents of Canada at the time of closing.
3. Within the meaning of the Family Law Act(Ontario):
We are spouses of one another.
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.
1
(SEVERALLY)DECLARED BEFORE ME ) j
at the City of Oshawa )
in the g.Sional Mu=i4lity of Durham this 01 day A 2001 ) Davi on enkins
A Commi n ,e SUS4 Ruth ms
1
1
Q:\FILES\CONWY\0100365.P\P_VDCCLA
DECLARATION RE: CONSTRUCTION LIEN ACT
CANADA ) IN THE MATTER OF the sale by David Aaron
Jenkins and Susan Ruth Jenkins(the "Vendor")to
The Corporation of the Municipality of Clarington(the
PROVINCE OF ONTARIO ) "Purchaser")of Part of Lots 32 and 33,Concession 1
and Part of the original Road Allowance between Lots
' ) 32 and 33,Concession 1, Municipality of Clarington
(formerly Township of Darlington)designated as Parts
1 and 2,Plan 40R-20571,known municipally as1467
1 ) Prestonvale Road,Courtice,Ontario(the "Property")
We, David Aaron Jenkins and Susan Ruth Jenkins
of the
1 in the
SOLEMNLY DECLARE that:
1. We are the Vendor in the above transaction and as such have personal knowledge of the matters
hereinafter declared.
I 2. No improvement has been made or is beng made to the Property and there has been no
supply of services to the Property within the last 45 days from the date hereof and no
Improvement or Supply of Services will be made from the date hereof.
3. Wherein a term is capitalized, it shall have the meaning attributed to it under the
Construction Lien Act, 1983, and any amendments thereto.
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.
(SEVERALLY)DECLARED BEFORE ME )
at the City of Oshawa )
in the Regional Municipality of Durham )
this day of Au us 001 ) David n Jenkins
a
A Commissioner,etc. Susan Ru ms
1
1
' Q:\FILES\CONVEY\0100365."_VWGST
DECLARATION RE: RESIDENTIAL USE OF PROPERTY
1 UNDER THE EXCISE TAX ACT
CANADA ) IN THE MATTER OF the sale by David Aaron
Jenkins and Susan Ruth Jenkins(the "Vendor")to
The Corporation of the Municipality of Clarington(the
PROVINCE OF ONTARIO ) "Purchaser")of Part of Lots 32 and 33,Concession 1
and Part of the original Road Allowance between Lots
32 and 33,Concession 1,Municipality of Clarington
(formerly Township of Darlington)designated as Parts
1 1 and 2, Plan 40R-20571, known municipally as 1467
Prestonvale Road, Courtice,Ontario(the "Property")
1 ) AND IN THE MATTER OF Goods and Services
Tax("GST")under Part IX of the Excise Tax Act
(Canada), as amended (the "Act")
1 We,David Aaron Jenkins and Susan Ruth Jenkins
of the
in the
SOLEMNLY DECLARE that:
1 1. We are the Vendor in the above transaction and as such have personal knowledge of the
matters hereinafter declared.
2. The above roP e rtY occupied ied as a residential unit, and all parts of the property are
P P
reasonably necessary for the use and enjoyment of the property as a place of residence for
tindividuals.
3. We did not acquire the property or carry on any construction or renovation of the property
in the course of business or adventure or concern in the nature of trade.
4. We have not claimed an input tax credit under the Act in respect of the acquisition of the
property or an improvement to it.
I5. No part of the property is capital property used primarily in a business of ours.
6. The sale is not being made in the course of a business or adventure or concern in the nature
of trade in respect of which we have filed an election under the Act.
7. The property is a"used residential complex"and the sale of the property is exempt from GST
under Section 2 and,if applicable, Section 9 of Part I of Schedule V of the Act,and we make
this declaration to be delivered to the Purchaser with intent that it be relied upon by the
Purchaser in claiming such exemption as a statement in writing or certificate delivered to the
1 Purchaser pursuant to Section 194 of the Act.
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.
(SEVERALLY) DECLARED BEFORE ME )
r
at the City of Oshawa )
1 in the Regional Municipality of Durham ) Ak
this day of Au t,2001 ) David on Jenkins
A Commissioner,etc. Sus nkins
' Q:\FQ,ES\CONWY\0100365."_VDCPOS
DECLARATION RE:POSSESSION
CANADA ) IN THE MATTER OF the sale by David Aaron
Jenkins and Susan Ruth Jenkins(the "Vendor")to
The Corporation of the Municipality of Clarington(the
PROVINCE OF ONTARIO ) "Purchaser")of Part of Lots 32 and 33, Concession 1
and Part of the original Road Allowance between Lots
32 and 33,Concession 1,Municipality of Clarington
(formerly Township of Darlington)designated as Parts
1 and 2,Plan 40R-20571,known municipally as1467
1 Prestonvale Road, Courtice, Ontario(the "Property")
We David anon Jenkins and Susan Ruth Jenkins
' of the
in the
SOLEMNLY DECLARE that:
1. We are the Vendor in the above transaction and as such have personal knowledge of the matters
hereinafter declared.
' 2. We are the absolute owner of the above mentioned lands and either personally or by our tenants,we
have been in actual,peaceable,continuous,exclusive,open,undisturbed and undisputed possession
and occupation thereof,and of the houses and other buildings used in connection therewith throughout
its period of ownership of the property.
3. We are not aware of any person or corporation having any claim or interest in the said lands or any
part thereof adverse to or inconsistent with registered title .
4. That possession and occupation of the above lands by us has been undisturbed throughout by any
action, suit or other proceedings or 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 the undersigned, or, so far as we know, by anyone else, to any
person in respect of any right,title, interest or claim upon the said lands.
5. To the best of our knowledge and belief,the buildings used in connection with the premises are situate
wholly within the limits of the lands above described,and there is no dispute as to the boundaries of
the said lands. Except as may be registered on title,we have never heard of any claim of easement
affecting the lands,either for light,drainage,or right of way or otherwise.
6. We do not retain the fee or the equity of redemption in,or a power or right to grant,assign or exercise
a power of appointment with respect to any land abutting the lands being conveyed in the subject
transaction.
7. We lave care V u ey prepare y
and dated ,a cop of hich is attach hereto,and ave compared our
knowledge f the the 'ect p operty wi o shown a said s The
survey ac rately p and buildi gs on subje prop as ey exi to ay
there ar no other ions,decks,sw' i pools,out ' ings or y o er s es
not shown on suc
1 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.
(SEVERALLY)DECLARED BEFORE ME )
at the City of Oshawa ) 1
in the Regional Municipality of Durham )
this )q day of 001 ) David Aron enkins
)
A Commissio er,etc. "` Sus Ruth s
Q:\FILES\CONWW 100365.P\P_V WARRN
UREA FORMALDEHYDE WARRANTY
TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
' AND TO: ROBINS,APPLEBY & TAUB
its solicitors herein
RE: The Corporation of the Municipality of Clarington(the "Purchaser")purchase
' from David Aaron Jenkins and Susan Ruth Jenkins (the "Vendor")
1467 Prestonvale Road, Courtice, Ontario (the "Property").
' We,David Aaron Jenkins and Susan Ruth Jenkins,being the Vendor in the above transaction,hereby
warranty that during the time we have owned the Property, we have not caused any building on the
Property to be insulated with insulation containing urea formaldehyde, and that,to the best of our
knowledge and belief, no building on the Property contains or has ever contained insulation that
contains urea formaldehyde.
' DATED at Oshawa the day of A ust,2001.
a
' DaviA Xar, nkins
' SUS4 Ruth 'ns
' MUNICIPALITY OF
evarington
ONTARIO
August 20, 2001 Z-0456
Robins Appleby &Taub
Barristers & Solicitors
' 130 Adelaide Street West
Suite 2500
Toronto, Ontario
' M5H 2M2
Dear Sir:
RE: CLARINGTON purchase from JENKINS
1467 Prestonvate Road, Courtice
Within Zoning By-law 84-63 as amended, the former Town of Newcastle the
g y ame ded, e o ,
subject property is zoned "Agricultural (A)" and Environmental Protection (EP)".
Buildings and structures are not permitted inside or within 3 metres of an EP zone.
Since we are unable to review a survey showing the lot and existing building(s) we are
unable to give a complete zoning clearance for this property at this time.
We suggest that you review the provisions of By-law 84-63, as amended, of the former
' Town of Newcastle to satisfy yourself that any existing or proposed uses of the lot will
conform therewith.
' The Clarington Building Department informs us that to the best of their knowledge, on
August 17, 2001, the main building predates the Ontario Building Code, and there are
no outstanding Orders to Comply or Stop Work Orders against the construction of this
building at this time.
Further, the Clarington Building Department informs us that to the best of their
knowledge, on August 17, 2001, no inspections have been conducted on the detached
' garage, building permit 94.1105.
The Clarington By-law Department informs us that to the best of their knowledge, on
August 14, 2001, there are no outstanding notices or orders against the building or
property at this time.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO • L1C 3A6 • (905) 623-3379 • FAX 623-4169 RECYCLED PAPER
WEBSITE: www municipality.clarington.on.ca
' CLA RING TON /f JENKIN PAGE TWO
p S
Please be advised that this letter does not constitute a certificate issued pursuant to
By-law 98-123, being a by-law prescribing standards for property maintenance and
occupancy. Such a certificate may only be issued to the registered property owner.
Yours truly,
Allison Ruddock, Planning Technician
Development Review Branch
*lw
100 Whiting Avenue
Central Oshawa,Ontario
L1 H 3T3
Lake Ontario Tel: (905)579-0411
Fax: (905)579-0994
Conservation
Web:www.cloca.com
I I L/ Email: mail @cloca.com
August 30, 2001
Robins Appleby & Taub, Barristers & Solicitors
130 Adelaide Street West, Suite 2500
Toronto, ON M5H 2M2
Attention: Mr. John Cooney
' Dear Sir:
' Subject: Purchaser: The Corporation of the Municipality of Clarington
Vendor: David and Susan Jenkins
Municipal Address: 1467 Prestonvale Road, Clarington
Legal Description: Part of Lots 32 and 33, Concession 1 and Part of the
original Road Allowance between Lots 32 and 33,
Concession 1, Municipality of Clarington (formerly
Township of Darlington), designated as Parts 1 and 2,
Plan 40R-20571 (the "Property")
File Nos: 0100365; CLOCA File/IMS No.:RSIG405
In regard to your August 13, 2001 letter pertaining to the above purchase, we offer the
following information:
Authority Staff have reviewed the above noted property and advise that this property is located
within an area regulated by the Central Lake Ontario Conservation Authority under Ontario
Regulation 145/90, the Authority's Fill, Construction and Alteration to Waterways Regulation.
The eastern portion of the subject site is partially within the regulatory flood plain of a
tributary of the Robinson Creek (see attached mapping). Under the provisions of this
Regulation, prior to any filling, grading, construction within the regulatory flood plain of a
watercourse or any alteration to a watercourse, the written approval of the Authority is
required. Staff advises that Authority approval of works within the regulatory flood plain may
only be granted at the discretion of the Authority's Board following a hearing before this
IBoard.
To the best knowledge of Authority staff, there are no outstanding directives, orders, or
1 notices of any breach of Ontario Regulation 145/90 pertaining to the above noted property.
' cont'd.....2
What we do on the land is mirrored in the water ��S>
Central Lake Ontario Conservation
Robins Appleby & Taub Page 2
Attention: Mr. John Cooney August 31, 2001
We trust you find the above satisfactory. Should you have any further questions regarding this
' matter, please contact the undersigned.
Yours truly,
4C
Lisa Backus, M.Sc.,
Planner.
LB/ms
Attach
g:/planning/regs/inquiry/rsig405.cd
I
1
I
I
IL
cgw_V � � -�`� .'lam �� -�f� _ __ �/�,�%'• -__ � � (f/ / �•V 'A� � �
CENTRAL LAKE ONTARIO
'ICONSERVATION AUTHORII
f - - ROBINSON CREEK
FLOOD PLAIN MAPPING
LEGEND:
100 YEAR STORY FLOODLINE
REGIONAL STORY FLOOOLINE
- ,- See* 1:5000
- goo o ro0 coo
mo 0 zoo .oe eao No 000
89/87!81 Z3;Sy:89 495-6377-> 416 868 8386 Page 882
500 Consumers Road, Villowdale
Mailing Address. P.O. Box 650
Scarborough, Ontario M1K 5E3
2001-09-07
ROBINS APPLEBY & TAUB
BARRISTER & SOLICITORS
130 ADELAIDE ST W STE 2500
TORONTO ON MSH 2M2
Dear JOHN COONEY
MUNICIPALITY OF CLARIN PURCHASE FROM JENKINS
Service Address: 1467 PRESTONVALE RD, COURTICE,ON
With reference to your recent inquiry, please be advised that we can find no
1 record of gas being supplied to this property. If you find that there is a gas
account, please provide us with the account number so that we may check further.
We appreciate your communication and look forward to being of service to you
again.
Yours truly,
ZJ D
ACCOUNT SERVICES Department
(416) 492-5100
ZJDi01i227
1
l
1
1 SEP 07 101 23:56 495-6377 PAGE.02
AUG-17-2001 FRI 08;40 AM OPP FAX NO. 19056685651 P. 01
IfJl •t, '• S1ti
Clarington Fire Services
Fire Prevention Division
2430 Durham Hywfi 2
Dowmanviile,ON L I C 3K7
Tel:905-623-5126 Fax:905-623-3073
August 16, 2001
Robins Appleby &Taub
Barristers, & Solicitors
130 Adelaide St. W.
Toronto, ON M5FT 2M2
File## 1467presc
Inspection Requested By: Jolui A.Cooney
Date of Inspection: August 16,2001
The special inspection fee of $80.25 covering the inspection of these premises and this
report has been waived. Your file#0100365
Inspection of: 1467 Prestonvale Road
Courtice, ON
Dcar Sir;
A search of our riles showed that they arc no outstanding violations with respect to the
address above.
Direct inquiries to Fire Prevention Tnspector William Reid @(905)623-5126.
Your ly,
WParmn id
F ire Prevention Inpsector
AUG 17 '01 09.17 19056695651 PAGE.01
ttMUNICIPAUTY OF
evarington
i ONTARIO
20 AUG 01 CERTIFICATE OF TREASURER #5366
MUNICIPAL ACT, R.S.O. 1980, C.302, SS 408(3)AS AMENDED
REQUESTED BY: ASSESSED OWNER:
ROBINS APPLEBY&TAUB JENKINS DAVID AARON
BARRISTERS&SOLICITOR JENKINS SUSAN RUTH
130 ADELAIDE ST W, STE 2500 1467 PRESTONVALE RD
TORONTO ONT COURTICE ON
M4\5H 2M2 L1 E 2P2
L0100365
k LL# 18-17-010-070-02200-0000 OUTSTANDING AMOUNTS:
ROPERTY DESC.:
1467 PRESTONVALE RD I YEAR PRINCIPAL INTEREST OTHER TOTAL!
' CON 1 PT LOT 32,33 AND PT
ROAD ALLOWANCE BETWEEN 2001 .00 .00 .00 .00
LOT 32,33 2000 .00 .00 .00 .001
' IRREG 1999 .00 .00 .00 .00 j
10.00AC 481.90FR I PRIOR .00 .00 .00 .00
i
' 2001 TAXES: 1,316.01 LOC. IMP.: 145.00 AMOUNT OUTSTANDING =__> 00
FUTURE INSTALLMENTS =__> .00
2000 TAXES: 2,777.02 POST-DATED PAYMENTS =__> .00
I
1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
I hereby certify that the above statement shows all arrears of taxes against the above lands.
Regular tax installment due dates are
' INTERIM
FINAL
NOTE: Interest has been calculated to the end of the month in which this certificate is
ssued. If payment is not made before the end of the month, further interest will be added
at the rate of 1.25% per month.
FEE: $ 60.00 Maureen Wiles-Frost Tax Collector
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
' 40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO • L1C 3A6 • (905) 623.3379 • FAX 623.4169 RECYCLED PARER
WFRSITF www.municioalitv.clarinaton.on.ca