HomeMy WebLinkAbout2002-033
.,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2002- 033
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Lou D.
Casha of Bowmanville, Ontario, to enter into an agreement for
the sale of 2495 Morgans Road, Newcastle, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOllOWS:
1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, a contract
between Lou D. Casha, of 2495 Morgans Road, Newcastle, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
18th March
By-law read a first and second time this day of , 2002.
18th March
By-law read a third time and finally passed this day of , 2002.
~~--
John ton, Mayo~'::-' _-- -_ - ~:~_::.-
'...::... -
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STATEMENT OF ADJUSTMENTS
VENDOR: The Corporation of the Municipality ofClarington
PURCHASER: Lou Casha
PROPERTY: 2495 Morgan's Road, Newcastle, Ontario
ADJUSTED AS OF: October 18, 2002
SALE PRICE $34,000.00
DEPOSIT $3,200.00
GST ON SALE PRICE
Credit Vendor:
BALANCE DUE ON CLOSING
payable to
Robins, Appleby & Taub LLP, in trust
or as further directed
$33,180.00
$36,380.00
E.&O.E.
Q :\FILES\CONVEY\0200263 .S\S _ ADJ
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$36,380.00
ACKNOWLEDGEMENT AND DIRECTION
Page 1 of 1
TO:
Audrey Wanda Weaver
{insert lawyer's name}
AND TO:
ROBINS, APPLEBY & TAUB LLP
{insert Firm name if applicable}
RE:
The Corporation of the Municipailty of Clarington Sale to Lou Casha - 2495
Morgans Road, Newcastle
{insert brief description of transaction}
This will confirm that:
. I/we have reviewed the information set out below, and that this information is accurate;
. You are authorized and directed to register electronically on my behalf the document(s) described in this
Acknowledgement and Direction as well as any other document(s) required to complete the transaction described
above;
. You are authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto as
Schedule "A" and IIwe acknowledge that IIwe shall be bound by the terms of that Agreement.
. The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to
me/us and I/we understand that l!we are parties to and bound by the terms and provisions of these electronic
document(s) to the same extent as if IIwe had signed these documents; and
. IIwe are in fact parties named in the electronic documents described in this Acknowledgement and Direction and IIwe
have not misrepresented our identities to you. .
DESCRIPTION OF TRANSFER (for the Transferor(s)):
I Properties
PIN
Description
26668 - 0035 L T Estate/Qualifier Fee Simple Lt Conversion Qualified
PT LT 16 CON 2 CLARKE AS IN CK13829 & N33775 (SECONDLY) SIT N33775; SIT
CK13504; CLARINGTON
Address
I Transferor(s)
Name THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation The Corporation of the Municipality of Clarington by John Mutton, Mayor
and Patti Barrie, Clerk.
I Transferee(s)
Capacity
Share
Name
Date of Birth
CASHA, LOU
19461005
Beneficial Owner
I Consideration
$ 34,000.00
Dated at Clarington
. this
18
day of October
. 2002
Witness:
(as to all signatures, if applicable)
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C!!A' J^~
CERTIFICATE
Re:
Sale and Transfer to Lou Casha of Part of Lot 16, Concession 2, Municipality of
Clarington (formerly Township of Clarke), in the Regional Municipality of Durham,
and municipally known as 2495 Morgans Road, Newcastle
I, PATTI BARRIE, Municipal Clerk of The Corporation of the Municipality of Clarington,
in the Regional Municipality of Durham, hereby certify as follows:
1. A procedural by-law, namely By-law No. 95-22, as required under Subsection 193(2) of the
Municipal Act, R.S.O., 1990, c.MA5, was in force in the Municipality on June 25, 2001;
2. The measures required for giving notice to the public required by the said Procedural By-law
No. 95-22 have been carried out with respect to the Property; and
3. An appraisal of the Property, as required by Subsection 193(4) of the Municipal Act, R.S.O.
1990, c.MA5, was obtained.
DATED the/~<Ih day of October, 2002.
~
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Q:\FILESICONVEY\0200263.SIS_ VDlI6
DECLARATIONRE: SECTION 116, FAMILY LAW ACT
PROVINCE OF ONTARIO
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IN THE MATTER OF the sale by The Corporation
of the Municipality of Clarington (the "Vendor") to
Lou Casha (the "Purchaser") of Part Lot 16,
Concession 2, , Municipality of Clarington (formerly
Township of Clarke) and municipally known as 2495
Morgan's Road, Newcastle, Ontario (the "Property")
CANADA
I, John Mutton, of the Municipality of Clarington
in the Regional Municipality of Durham
SOLEMNLY DECLARE that:
1. I am the Mayor of the Vendor in the above transaction and as such have personal knowledge of the
matters hereinafter declared.
2. The Corporation of the Municipality ofClarington is not a non-resident of Canada within the
meaning of Section 116 of the Income Tax Act (Canada) and nor will The Corporation of the
Municipality of Clarington be a non-resident of Canada at the time of closing.
3. Within the meaning of the Family Law Act (Ontario):
At no time since the Vendor acquired the Property being conveyed to the Purchaser has the
Property ever been occupied by any shareholder, officer or director of the Corporation or any
beneficial owner of the Property and/or his or her spouse as their matrimonial home.
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..Gtty ofT,:,~?DtQ M \AN I C:. I PA L- Ilk 0 r )
in the Province of Ontario eLA /AiGtTO^')
this I 'Z-+:0day of tober, 2002 )
// )
l )
.e/r )
/A Comm' s'
Charles Trim, Acting Mayor
Patti L. Barrie, Clerk
Municipality of Clarington
Commissioner of Oaths, etc.
",
Q:\FILES\CONVEY\0200263.S\S_ VUND
UNDERTAKINGS
TO:
LOU CASHA
AND TO:
ANTHONY E. LASKOWSKY
their solicitor(s) herein
RE:
The Corporation of the Municipality of Cia ring ton (the "Vendor") sale to
Lou Casha (the "Purchaser")
2495 Morgan's Road, Newcastle, Ontario (the "Property")
IN CONSIDERATION of and notwithstanding the closing of the above transaction, the undersigned
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 2002 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;
.fIj
DATED the /& day of October, 2002.
THE CORPORATION OF THE MUNICIPALITY
OF CLARlNGTON
~~ ~
'0/" .---;-
Per: " ~ /t/t
N~ ~"lffil88 Charles Trim 4
Title: Mlt)'C)f /A ting Mayor /
We have authority to bind the corporation.
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if.
*
ill
Memorandum
Dennis C. Hefferon
Barrister & Solicitor
To: Patti Barrie, Municipal Clerk
From: Dennis Hefferon, Solicitor
Date: March 12,2004
File: 7503
Re: Clarington Sale to Lou Casha: 2495 Morgan's Road: Newcastle
I enclose herewith a set of original documents that comprise the record book of
the above-noted sale transaction for your files and two bound copies of same for
distribution to the relevant departments.
If you have any questions, please do not hesitate to contact me.
/bg
Enclosures
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MUNICIPALITY OF CLARINGTON
Sale to
LOU CASHA
2495 Morgan's Road
Newcastle, Ontario
Prepared For
DENNIS C. HEFFERON
Barrister & Solicitor
Royal Bank Plaza, South Tower
Suite 2600, 200 Bay Street
Toronto, Ontario
M5J 2J4
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File No. 0200263
R:\FILES\0200263\A W\S_INDEX.FRM
Re: The Corporation of the Municipality of Clarington sale to Lou Casha
Part Lot 16, Concession 2, ,Municipality of Clarington (formerly Township of
Clarke)
2495 Morgan's Road, Newcastle, Ontario (the "Real Property")
INDEX
II
TAB NO. II
1
DOCUMENT
Report
Agreement of Purchase and Sale
2
Letter dated February 13,2002 amending the Agreement of Purchase and Sale
3
Acknowledgement and Direction re Transfer/Deed of Land
4
Purchasers's Direction re Title
5
Statement of Adjustments
6
Vendor's Declaration re Section 116/Family Law
7
Purchaser's Certificate and Undertaking re GST
8
Vendor's Undertaking to Readjust
9
Application to Change Name - Owners, registered as DR121659 on October 21,
2002
10
Certificate re Procedural By-Law
11
Execution Certificate
12
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130 Adelaide Street West
Suite 2500
Toronto, Ontario M5H 2M2
Telephone: (416) 868-1080
Facsimile: (416) 868-0306
.
Robins
Appleby
& raub
Leor Margulies
Direct Line: (416) 360-3372
E-mail: lmargulies@robapp.com
www.robinsapplebyandtaub.com
Barristers & Solicitors
.
Delivered by: Courier
File Number: 0200263
March 19, 2003
The Corporation of the Municipality ofClarington
40 Temperance Street
Bowmanville, Ontario
LIB 3A6
Attention: Isabel Little
Dear Madam:
Re: The Corporation of the Municipality of Clarington sale to Lou Casha
Part Lot 16, Concession 2, ,Municipality of Cia ring ton (formerly Township of Clarke)
2495 Morgan's Road, Newcastle, Ontario (the "Property")
Weare pleased to report to you that the above-noted transaction was completed in accordance with
your instructions and the agreement of purchase and sale on October 18, 2002. We have bound and
indexed the documents referred to herein for your convenient reference.
AGREEMENT OF PURCHASE AND SALE
Pursuant to the terms of the agreement of purchase and sale dated N ovmeber 17, 2001, which was
submitted by Lou Casha, as Purchaser to The Corporation of the Municipality of Clarington, as
vendor (the "Vendor"), as amended by letter dated February13, 2002, you agreed to sell the
Property for the sum of$34,000. 00, upon the terms and conditions more particularly set forth therein
(the "Purchase Agreement").
We enclose herewith a copy of the Purchase Agreement and amending letter for your records.
TRANSFER/DEED OF LAND
Title to the Property was taken in the name of Lou Casha (the "Purchaser"), pursuant to a written
direction received from the Purchaser and was conveyed by you in favour of the Purchaser. We
enclose a copy of the Acknowledgment and Direction authorizing the electronic execution and release
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Page 2
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Robins
Appleby
& raub
Barristers & Solicitors
.
ofthe Transfer/Deed of Land herewith for your records, together with a copy of the signed Direction
as to the engrossing of the Transfer/Deed of Land.
STATEMENT OF ADJUSTMENTS
The Statement of Adjustments sets out closing adjustments between you and the purchaser,
calculated as at October 18, 2002.
The Statement reflects a credit to you in the amount of $34,000.00, being the sale price of the
property, and a credit to the purchaser for the deposit monies of $3,200.00.
BALANCE DUE ON CLOSING - After accounting for the foregoing adjustments, the purchaser was
required to pay the balance due on closing in the amount of$30,800.00.
For details as to the disbursement offunds received by our office, please refer to our Trust Ledger
Statement which is enclosed
DECLARATION RE: RESIDENCY. FAMILY LAW ACT
You also executed a Statutory Declaration stating, inter alia, that you were not a non-resident of
Canada within the meaning of Section 116 of the Income Tax Act (Canada and that the Property was
not a matrimonial home within the meaning of the Family Law Act and a copy of same is enclosed
herewith, for your records.
CERTIFICATE AND UNDERTAKING RE: GST
The Purchaser covenanted that he is registered under the Excise Tax Act as No. 859057846 R T 0001
and would be responsible for the payment of any goods and services tax exigible with respect to the
transaction. The Purchaser also indemnfied you with respect to any liability arising out of your failure
to remit the goods and services tax directly with respect to the transaction.
UNDERTAKINGS
On closing, you undertook to deliver up vacant possession ofthe Property; to pay all arrears of taxes
and to readjust the Statement of Adjustments.
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Page 3
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Robins
Appleby
& raub
Barristers & Solicitors
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DIRECTIONS RE: FUNDS
As no Direction re funds was prepared or delivered to the solicitors for the Purchaser, the balance
due on closing was made payable to the Corporation of the Municipality of Clarington
APPLICATION TO CHANGE NAME - OWNERS
As title to the Property was registered in the name of The Corporation of the Township of Clarke,
it was necessary to prepare and register, prior to closing, an Application to Change Name - Owners.
A copy of the Application which was registered as on October 21, 2002 as Instrument No.
DR121659 is enclosed for your records.
CERTIFICATE
We enclose a copy of the Certificate executed by Patti Barrie, the Clerk for The Corporation of the
Municipality of Clarington wherein she confirmed that:
1. A procedural by-law, namely By-law No. 95-22, as required under Subsection 193(2) of the
Municipal Act, RS.O., 1990, c.MA5, was in force in the Municipality on June 25,2001;
2. The measures required for giving notice to the public required by the said Procedural By-law
No. 95-22 have been carried out with respect to the Property; and
3. An appraisal of the Property, as required by Subsection 193(4) of the Municipal Act, RS.O.
1990, c.M.45, was obtained.
A copy of the Certificate is enclosed for your records.
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 concerning any of
the matters contained herein, please do not hesitate to contact us.
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Page 4
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Robins
Appleby
& raub
Barristers & Solicitors
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We trust that this transaction has been completed to your satisfaction and if you have any questions
or comments, please do not hesitate to contact our office.
Yours very truly
ROBINS, PPItEBY & TAUB LLP
Per: 1
/ ,Il / l
, I!
Leor argulies
LM/aw
EncIs.
R:\FILES\0200263\A WlS _ REPTI.wpd
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AGREEMENT OF PURCHASE AND SALE
I ~~~g~~~~~: ...............1~~o~t{:g: THE 'MUN'IC'IPALiiY'OF' c'LAR'ING'ToN: ~~~~g~ S~~;~~,~
AGENT, ................................................... N/ A...... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ....................., the following
I PROPERTY PROPERTY '#2,2495 Morgans Road, East side of Morgans Road, Part lot 16, Concession 2,
known Municipally as VilLAGE OF NEWCASTLE in the MUNICIPALITY OF CLARINGTON and having a
frontage of 429 FEET, more or le~~'. a Ire~ .B7 hCJJlJPr~ ~r le~ (road w~dening required on Centre
I Street), at a Purchase Price of ..fl.A. ..#.4N9."ty~.... Canadian Dollars
($Cana~.A?m?:"..~.....) on the folio' g terms: _ ~~':.d'. ~_41 L /
1. Purchaser submits with this offer 10% OF THE TOTAL BID PRIC~M .~~ollars
I ($....~~............) cash/cheque payable to Vendor's Agent as a de osit to be held by him in trust
.. pending completion or other termination of this Agreement and to be credited towards the Purchase
Price on completion.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 7 of 15
S02000-2
Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON ClOSI~G SUBJECT TO USUAL
ADJUSTMENTS.
.........................................................................................................................................
Purchaser and Vendor agree that all existing fixtures are included in the purchase price.
...................................................................... ..................... N/ A............................ . . ...................
Purc~aser agrees that this Offershall be irrevocable by him until .............. on the ./..{.""~ay
of..,6I~...., after which time, if not accepted, this Offer shall be null and void and the deposit shall be
returned to Purchaser without interest or deduction, not later than the 30th day following acceptance of
this offer by the Vendor, unless otherwise agreed in writing by the Vendor and Purchaser.
This Agreement shall be completed on the ...TO BE NEGOTIATED... Upon completion, vacant
possession of the property shall be given to Purchaser.............................................................
Purchaser shall be allowed ten (10) days next following the date of acceptance of this Offer to:
examine the title to the property at his own expense. ...............................................................
Vendor and Purchaser agree that there is no condition, express or implied, representation or warranty
of any kind that the future intended use of the property by Purchaser is or will be lawful except as may
be specifically stipulated hereunder.
....... ......AGRICUl TURAl ZONE (A)....................................................... .........................
Purchaser acknowledges having inspected the property prior to submitting this Offer and understands
that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale
between Purchaser and Vendor.
Provided that the title to the property is good and free from all encumbrances, and except for any
registered restrictions or covenants that run with the land providing that such are complied with and
except for any minor easements to public utilities required for the supply of domestic utility services to
the property. If within the time allowed for examining the title any valid objection to title, is made in
writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which
Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in
respect of such objections, shall be at an end and all monies theretofore paid shall be returned without
interest or deduction and Vendor and Vendor's Agent shall not be liable for any costs of damages.
Save as to any valid objections so made by such day and except for any objection going to the root of
the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of title to
the property except such as are in the possession or control of Vendor. Vendor agrees that, if
requested by the purchaser, he will deliver any sketch or survey of the property in his possession or
within his control to Purchaser as soon as possible and prior to the last day allowed for examining title.
All buildings on the property and all other things being purchased shall be and remain until completion
at the risk of Vendor. Pending completion, Vendor shall hold all insurance policies, if any, and the
proceeds thereof in trust for the parties as their interests may appear and in the event of substantial
damage, Purchaser may either terminate this Agreement and have all monies theretofore paid returned
without interest or deduction or p.h:;p. t::lkp. thp. nrn~p.p.rt~ or ~nv in~llr~n~p. ~nrt r-omnlptp thp n1lrr-h~c:p
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CORPORATION OF THE MUNICIPALITY OF CLARIf\IGTON
PURCHASING OFFICE
Page 8 of 15
S02000-2
Provided that this Agreement shall be effective to create an interest in the property only if the
subdivision control provisions of the Planning Act are complied with by Vendor on or before completion
and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on
or before completion.
Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be
necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser's
liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act
by reason of this sale. Purchaser shall not claim such credit If Vendor delivers on completion the
prescribed certificate or his statutory declaration that he is not then a non-resident of Canada.
Rents, mortgage interest, taxes, local improvements, water and assessment rates and the cost of fuel
shall be apportioned and allowed to the date of completion (the day itself to be apportioned to
Purchaser).
The deed or transfer shall, save for the Land Transfer Tax Affidavit, which shall be prepared and
completed by the Purchaser, be prepared in registrable form at the expense of Vendor and the
Mortgage at the expense of Purchaser.
Time shall in all respects be of the essence hereof provided that the time for doing or completing of
any matter provided for herein may be extended or abridged by an agreement in writing signed by
Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this
regard.
Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their
respective solicitors on the day for completion of this Agreement. Money may be tendered by bank
draft or cheque certified by a chartered bank, trust company or Province of Ontario Savings Office.
This Agreement shall constitute the entire agreement between Purchaser and Vendor and there is no
representation, warranty, collateral agreement or condition affecting this Agreement or the property or
supported hereby other than as expressed herein in writing. This Agreement shall be read with all
changes of gender or number required by the context.
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Dated at tt,,1~ this
I SIGNED. SEALED AND DELIVERED
I in the presence of:
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
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II acknowledge receipt of my signed
copy of this accepted Agreement
I of Purchase and Sale, and direct my
I agent to forward a copy to my
solicitor.
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I (Vendor)
I (Vendor)
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Address:
I Telephone #:
I Vendor's Solicitor:
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Page 9 of 15
SD2()OO.2
/1.rL dayof p~ _:
IN WITNESS whereof I have hereunto set by
hand and seal:
~ Date f1~/f~/
(Purchaser)
Date
(Purchaser)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
Date
(Purchaser)
Date
(Purchaser)
Address:
Telephone:
Purchaser's Solicitor:
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February 13,2002
Lou Casha
189' Bloor Street,
Bowmanville, On..
LIC 3K3
Lou Ann Birkett
Corporation of tho Municipality of Clarin810n
Dear Lou Ann
Re: 2495 Morpns Road. Newcasde,On.
;,.,~'ii
Funher to our telephone:: conversation TCg'IUding. me 11bove property; .1 U11demand and 8tICCpt the'J'UI'Cbasc
of the:: property for the iftClalsed price of S34,OOO.OO.l.fwdter extend tho acceptance date by council to
March 6,2002, with a closing date to1Je 3I1'8Dgcd fon '\mm: 'date.
Re: 4763 Highway No., 2 , Newton\'ilJe,On.
I subDlit a nwised offer ofS18,OOOfor1be above-propmty, which I betteve is gcnerousWDSidcring the
quotes I've received JOT cleanup of the foundation, remains of the building etc. etc. ranging in the area of
$22,000 to S25.000. This would etfecthoely price the tot at$40;OOO plus.
Best Regards
~6?/
Lou Casha
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ACKNOWLEDGEMENT AND DIRECTION
Page 1 of 1
I TO:
Audrey Wanda Weaver
{insert lawyer's name}
I AND TO:
I
RE:
I
ROBINS, APPLEBY & TAUB LLP
{insert Firm name if applicable}
The Corporation of the Municipailty of Clarington Sale to Lou Casha - 2495
Morgans Road, Newcastle
{insert brief description of transaction}
I This will confirm that:
. IIwe have reviewed the information set out below, and that this information is accurate;
I · You are authorized and directed to register electronically on my behalf the document(s) described in this
' Acknowledgement and Direction as well as any other document(s) required to complete the transaction described
above;
I, · You are authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto as
Schedule "A" and IIwe acknowledge that IIwe shall be bound by the terms of that Agreement.
I
I · IIwe are in fact parties named in the electronic documents described in this Acknowledgement and Direction and I/we
have not misrepresented our identities to you.
. The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to
me/us and I/we understand that I/we are parties to and bound by the terms and provisions of these electronic
document(s) to the same extent as if I/we had signed these documents; and
I DESCRIPTION OF TRANSFER (for the Transferor(s)):
I Properties
I PIN
Description
I Address
26668 - 0035 L T Estate/Qualifier Fee Simple Lt Conversion Qualified
PT L T 16 CON 2 CLARKE AS IN CK13829 & N33775 (SECONDLY) SIT N33775; SIT
CK13504; CLARINGTON
II Transferor(s)
Name THE CORPORATION OF THE MUNICIPALITY OF
I CLARINGTON
. This document is not authorized under Power of Attorney by this party.
I This document is being authorized by a municipal corporation The Corporation of the Municipality of Clarington by John Mutton, Mayor
and Patti Barrie, Clerk.
II Transferee(s)
Name
I Date of Birth
Capacity
Share
CASHA, LOU
19461005
Beneficial Owner
II Consideration
$ 34,000.00
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Dated at
Clarington
, this
18
day of October
2002
,----
.~- -'
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Witness:
(as to all signatures, if applicable)
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DIRECTION RE TITLE
TO:
The Corporation of the Municipality of Clarington
AND TO:
Dennis Hefferon
Municipal Solicitor
RE:
Casha plf The Corporation of the Municipality of Clarington
2495 Morgan's Road, Newcastle
I HEREBY AUTHORIZE AND DIRECT you to engross the deed or transfer with respect to the
above transaction as follows:
Full Name
Birthdate
CASHA, Lou
October 5, 1946
Address for service:
1895 Bloor Street
Bowmanville, Ontario
LIC 3K3
AND FOR SO DOING this shall be your good, sufficient and irrevocable authority.
* .::p"-''''C''..::>cta~
DATED at Oshawa, this /1day of~, 2002.
~;>"
~~-< ~~
ou Casha
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VENDOR:
PURCHASER:
PROPERTY:
ADJUSTED AS OF:
STATEMENT OF ADJUSTMENTS
The Corporation of the Municipality of Clarington
Lou Casha
2495 Morgan's Road, Newcastle, Ontario
October 18, 2002
SALE PRICE
DEPOSIT
$3,200.00
BALANCE DUE ON CLOSING
payable to
The Corporation of the Municipality of
Clarington
E.&O.E.
Q:\FILESICONVEYl0200263.SIS AD)
$30,800.00
$34,000.00
$34,000.00
$34,000.00
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Q:\FILES\CONVEYl0200263.S\S_ VDJ 16
DECLARATIONRE: SECTION 116, FAMILY LAW ACT
CANADA
)
)
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IN THE MATTER OF the sale by The Corporation
of the Municipality of Clarington (the "Vendor") to
Lou Casha (the "Purchaser") of Part Lot 16,
Concession 2, , Municipality of Cia ring ton (formerly
Township of Clarke) and municipally known as 2495
Morgan's Road, Newcastle, Ontario (the "Property")
PROVINCE OF ONT ARlO
c"",,,",, ks.i n "'"
I, 1o1.n Muttul1, of the Municipality of Clarington
in the Regional Municipality of Durham
SOLEMNLY DECLARE that:
.4dl'r-'j
1. I am the,Mayor-Ofthe Vendor in the above transaction and as such have personal knowledge of the
matters hereinafter declared.
2. The Corporation of the Municipality of Clarington is not a non-resident of Canada within the
meaning of Section 116 of the Income Tax Act (Canada) and nor will The Corporation of the
Municipality of Clarington be a non-resident of Canada at the time of closing.
3. Within the meaning of the Family Law Act (Ontario):
At no time since the Vendor acquired the Property being conveyed to the Purchaser has the
Property ever been occupied by any shareholder, officer or director of the Corporation or any
beneficial owner of the Property and/or his or her spouse as their matrimonial home.
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-Gity ~fl\mnltg MlAN It I PAL-IT-t of )
in the Province of Ontario (!. LA R / Ai rit T c Ai )
this / ~'f:I'1 day of tober, 2002 )
)
) Charles Trim,
)
-
- '--
, '-
Patti L. Barrie, Clerk
Municipality of Clarington
Commissioner of Oaths, etc.
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PURCHASER'S CERTIFICATE AND UNDERTAKING
TO: The Corporation of the Municipality of Clarington
RE: Lou Casha Purchase from The Corporation of the Municipality of
Clarington
2495 Morgan's Road, Newcastle, Ontario
IN CONSIDERATION OF and notwithstanding the closing of the above-
mentioned transaction, the undersigned hereby covenants and certifies that with respect to Goods
and Services Tax ("GST") imposed under the Excise Tax Act (Canada), hereinafter referred to as
the "Act":
1. The undersigned, at the time of closing of the above-mentioned is a registrant under the
Act, having been allocated GST Registration Number 859057846 RT 0001, which
registration number has not been withdrawn or revoked. The undersigned covenants to
file returns and remit on a timely basis any GST owing in respect of the closing of the
above transaction.
2. The undersigned hereby indemnifies and holds The Corporation of the Municipality of
Clarington, its successors and assigns, harmless from any liability under the Act arising
because of any incorrect statement or breach of the obligations of the undersigned set out
in this Certificate and Undertaking or the Agreement or arising under the Act, together
with all fines, penalties, losses, costs and expenses resulting from such breach.
DATED this 17th day of October, 2002.
c~:z
Lou Casha
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Q:\FILESICONVEY\0200263.SIS VUND
UNDERTAKINGS
TO:
LOU CASHA
AND TO:
ANTHONY E. LASKOWSKY
their solicitor(s) herein
RE:
The Corporation of the Municipality of Clarington (the "Vendor") sale to
Lou Casha (the "Purchaser")
2495 Morgan's Road, Newcastle, Ontario (the "Property")
IN CONSIDERATION of and notwithstanding the closing of the above transaction, the undersigned
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 2002 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;
DATED the ;g+f1 day of October, 2002.
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Per:
Name:
Title: Mflj'Of
'Chailes-Trf
" AC0:rig" May-~1i~ - - j -
-' - ---.....
.'
We have authority to bind the corporation.
< ,
I LRO #:0 Application To Change Name-Owners
The applicant(s) hereby applies to the Land Registrar.
II Properties
I PIN
Description
I Address
Receipted as DR121659 on 20021021
yyyy mm dd
at 15:03
Page 1 of 1
26668 - 0035 L T Estate/Qualifier Fee Simple Lt Conversion Qualified
PT LT 16 CON 2 CLARKE AS IN CK13829 & N33775 (SECONDLY) SIT N33775; SIT
CK13504; CLARINGTON
CLARINGTON
II Parly Fram(s)
I Name
Address for Service
I
I Applicant( s)
I Name
THE CORPORATION OF THE TOWNSHIP OF CLARKE
40 Temperance Street
Bowmanville, Ontario
Capacity
Share
I Address for Service
I
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
40 Temperance Street
Bowmanville, Ontario
L 1 C 3A6
This document is being authorized by a municipal corporation The Corporation of the Municipality of Clarington by Patti Barrie, Clerk.
This document is not authorized under Power of Attorney by this party.
II Statements
I" The name has changed as a result of the Regional Municipality of Durham Act, 1973, S.O. 1973 and the Regional Municipality of
Durham Amendment Act (Newcastle-Clarington), 1993, S.O. 1993 and this statement is made for no improper purpose.
Schedule: See Schedules
II Signed By
Audrey Wanda Weaver
I
2500-130 Adelaide
Toronto M5V 2M2
acting for Applicant(s)
Signed
20021021
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2500-130 Adelaide
Toronto M5V 2M2
20021021
Tel
Fax
4168681080
4168680306
I Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00
.
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Paragraph 2(1 )(c) of the Regional Municipality of Durham Act, 1973, S.O. 1973 c.78 amalgamated
The Corporation of the Town of Bowmanville, The Corporation of the Village of Newcastle, The
Corporation of the Township of Clarke and The Corporation of the Township of Darlington as a town
municipally bearing the name of The Corporation of the Town of Newcastle on January 1, 1974. The
Corporation of the Town of Newcastle therefore became the successor in law of The Corporation of
the Township of Clarke on January 1, 1974.
By subsection 1(2) of the Regional Municipality of Durham Amendment Act (Newcastle-Clarington),
1993, S.O. 1993 c.3, on July 1, 1993, The Corporation of the Town of Newcastle was continued as
a town municipality under the name of The Corporation of the Municipality of Clarington. Subsection
4(1) of this Act deemed all references to The Corporation of the Town of Newcastle or to the Town of
Newcastle in any other Act, regulation, by-law, resolution, agreement or other document to be
references to The Corporation of the Municipality of Clarington and to the Municipality of Clarington,
respectively.
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CERTIFICATE
Re:
Sale and Transfer to Lou Casha of Part of Lot 16, Concession 2, Municipality of
Clarington (formerly Township of Clarke), in the Regional Municipality of Durham,
and municipally known as 2495 Morgans Road, Newcastle
I, PATTI BARRIE, Municipal Clerk of The Corporation of the Municipality of Clarington,
in the Regional Municipality of Durham, hereby certify as follows:
1. A procedural by-law, namely By-law No. 95-22, as required under Subsection 193(2) of the
Municipal Act, R.S.O., 1990, c.MA5, was in force in the Municipality on June 25, 2001;
2. The measures required for giving notice to the public required by the said Procedural By-law
No. 95-22 have been carried out with respect to the Property; and
3. An appraisal of the Property, as required by Subsection 193(4) of the Municipal Act, R.S.O.
1990, c.MA5, was obtained.
DATED thejg<lh day of October, 2002.
~- ~//"
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*****************
CERTIFICATE #:
NO DE CERTIFICAT:
00544131-4107163B
* CLEAR / LIBRE *
*****************
C E R T I F I CAT E
/
C E R T I F I CAT
~ERIFF AT: LRO#40 DURHAM
IrERIF A :
DATE OF CERTIFICATE: 2002-10-21
IrTE DU CERTIFICAT :
THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR
Il~RTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST
.~E REAL AND PERSONAL PROPERTY OF:
JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION,
.1 DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION
Ib MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE:
l SURNAME / NOM GIVEN NAMES / PRENOM(S)
--======================================================================
1f0MPANY/COMPAGNIE) THE CORPORATION OF THE TOWNSHIP OF CLARKE
lUTION TO PARTY REQUESTING SEARCH:
SURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED
_HIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE.
IWERTISSEMENT 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
If TRAVAIL.
~ARGE FOR THIS CERTIFICATE $ 11.00
FRAIS POUR CE CERTIFICAT
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