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HomeMy WebLinkAbout2002-034 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- 034 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Bruce Rondeau of Hampton, Ontario, to enter into an agreement for the sale of 6210 Solina Road, Solina, 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 Bruce Rondeau, Hampton, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 18taay of Mar,c~002. 18th March By-law read a third time and finally passed this day of , 2002. . {F~.......~. John Mu n, Ma':tar~' .., _ - ~. "-:::: .. ~ ".-. - . ~~~~f ~/ 130 Adelaide Street West Suite 2500 Toronto, Ontario M5H 2M2 Telephone: (416) 868-1080 Facsimile: (416) 868-0306 . Robins Appleby & raub c(e~,)j)~. -- 'J, f'1/) ~~ , \ Audrey Weaver Direct Line: (416) 360-3362 E-Mail: aweaver@robapp.com www.robinsapplebyandtaub.com Barristers & Solicitors . Delivered by: Courier File No.: 0200264 October 24,2002 The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Lou Ann Birkett Dear Madam: Re: The Corporation of the Municipality of Clarington Sale to Rondeau 6210 Solina Road, Solina In anticipation of the closing of the above-noted transaction on November 14,2002, we enclose herewith the following for execution and to be returned to the writer on or before November 13, 2002: 1. Acknowledgement and Direction re Electronic Registration; 2. Declaration re Section 116, Family Law Act; 3. Certificate; and 4. Undertaking. In addition, we enclose a copy of the Statement of Adjustments for your reyiewalJ,clapprovaL /" . Audrey Encls. R:\FILES\0200264\A WlCLARINGT.L TR / eaver, Law Clerk -- Yours very truly, ROBINS, APPLEBY & TAUB LLP Per: e==. ACKNOWLEDGEMENT AND DIRECTION Page 1 of 2 TO: Audrey Wanda Weaver {insert lawyer's name} AND TO: ROBINS, APPLEBY & TAUB llP {insert Firm name if applicable} RE: The Corporation of the Municipality of Clarington sale to Rondeau, 6210 Solin a Road, Solina {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 I/we 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 I/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 Address 26712 - 0095 l T Estate/Qualifier Fee Simple Absolute PART OF PCl 43-1, SEC 40M1897 , PART OF BlK 43 Pl 40M1897 (CLARINGTON), DESIGNATED AS PART 1, PLAN 40R-20053; SIT N97182 CLARINGTON ClARINGTON El Split PIN Description 26712 - 0096 l T Estate/Qualifier Fee Simple Absolute PART OF PCl RESERVES-1, SEC 40M1897, PART OF BlK 44 Pl 40M1897 (ClARINGTON), DESIGNATED AS PART 2, PLAN 40R-20053; CLARINGTON ClARINGTON El Split 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 RONDEAU,BRUCE I Statements Schedule: See Schedules I Consideration $ 65,000.00 .. ,. " . ACKNOWLEDGEMENT AND DIRECTION Page 2 of 2 Dated at Clarington . this 4 day of November 2002 Witness: (as to all signatures, if applicable) OF THE MUNICIPALITY Per: Per: We have authority to bind the corporation. ~ ACKNOWLEDGEMENT AND DIRECTION Page 1 of 2 TO: Audrey Wanda Weaver {insert lawyer's name} AND TO: ROBINS, APPLEBY & TAUB llP {insert Firm name if applicable} RE: The Corporation of the Municipality of Clarington sale to Rondeau, 6210 Solina Road, Solina {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 I/we acknowledge that I/we 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 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/we 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. DESCRIPTION OF TRANSFER (for the Transferor(s)): I Properties PIN Description Address 26712 - 0095 l T Estate/Qualifier Fee Simple Absolute PART OF PCl 43-1, SEC 40M1897 , PART OF BlK 43 Pl 40M1897 (ClARINGTON), DESIGNATED AS PART 1, PLAN 40R-20053; SIT N97182 CLARINGTON CLARINGTON EJ Split PIN Description 26712 - 0096 l T Estate/Qualifier Fee Simple Absolute PART OF PCl RESERVES-1, SEC 40M1897, PART OF BlK 44 Pl 40M1897 (ClARINGTON), DESIGNATED AS PART 2, PLAN 40R-20053; CLARINGTON ClARINGTON ~ Split 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 RONDEAU, BRUCE I Statements Schedule: See Schedules I Consideration $ 65,000.00 h ACKNOWLEDGEMENT AND DIRECTION Page 2 of2 Dated at Clarington , this 4 day of November 2002 Witness: (as to all signatures. if applicable) Per: Per: to bind the R:IFILESI0200264\A WlS _ VDlI6. DECLARATIONRE: SECTION 116, FAMILY LAW ACT CANADA ) ) ) ) ) ) ) IN THE MATTER OF the sale by The Corporation of the Municipality of Clarington (the "Vendor") to Bruce Rondeau (the "Purchaser") of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of CIa ring ton and municipally known as 6210 Solina Road, Solina, Ontario (the "Property") PROVINCE OF ONTARIO I, John Mutton, of the Municipality of CIa ring ton in the Regional Municipality of Durham SOLEMNLY DECLARE that: I. 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 ofthe Income Tax Act (Canada) and nor will The Corporation ofthe 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 ) atthe~~~o Munic~~~i!K~tg~ ) in the Prov' of Ontario ) this day f November , 2002 ) ) ) ) Patti L. Barrie, Clerk Municipality of Clarington Commissioner of Oaths. etc R:\HLES\0200264\AW\S_ VD116. DECLARATIONRE: SECTION 116, FAMILY LAW ACT CANADA PROVINCE OF ONTARIO I, John Mutton, of the Municipality of Cia ring ton in the Regional Municipality of Durham SOLEMNLY DECLARE that: ) ) ) ) ) ) ) IN THE MATTER OF the sale by The Corporation of the Municipality of Clarington (the "Vendor") to Bruce Rondeau (the "Purchaser") of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of Cia ring ton and municipally known as 6210 Solina Road, Solina, Ontario (the "Property") 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 ofthe Municipality of Clarington is not a non-resident of Canada within the meaning of Section 116 ofthe 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 ~ Municipal~ty of . I p' fO . Clar1ngton 111 t le rovmc 0 ntaflo this 4 ay 0 November ,2002 Patti L. Barrie, Clerk Municipality of Clarington Commissioner of Oaths, etc. ) ) ) ) ) ) ) R:IFILESI0200264IA WlS_ VD 116. DECLARATIONRE: SECTION 116, FAMILY LAW ACT CANADA ) ) ) ) ) ) ) IN THE MATTER OF the sale by The Corporation of the Municipality of Clarington (the "Vendor") to Bruce Rondeau (the "Purchaser") of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of Clarington and municipally known as 6210 Solina Road, Solina, Ontario (the "Property") PROVINCE OF ONTARIO I, John Mutton, of the Municipality of Cia ring ton in the Regional Municipality of Durham SOLEMNLY DECLARE that: I. 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 of Clarington is not a non-resident of Canada within the meaning of Section 116 ofthe 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 ofthe same force and effect as if made under oath. DECLARED BEFORE ME ) at the ~j<<) Municioality of ) in the Province of Ontario C1arlngton ) this 4 day f November ,2002 ) ) ) ) Patti L. Barrie, Clerk Municipality of Clarington Commissioner of Oaths, etc. CERTIFICATE Re: Sale and Transfer to Bruce Rondeau of Part of Blocks 43 and 44, Plan 40M-1897, des'ignated as Parts 1 and 2, Plan 40R-20053, Municipality of Clarington, in the Regional Municipality of Durham, and municipally known as 6210 Solina Road, Solina, Ontario 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. Ala V e. Wj~;;.1<.. DATED the +'/-1\ day ofOe{E)ber, 2002. CERTIFICATE Re: Sale and Transfer to Bruce Rondeau of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of Clarington, in the Regional Municipality of Durham, and municipally known as 6210 Solina Road, Solina, Ontario 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 SubsectiQn 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 '-I 'I-h day of~tob~~).002. CERTIFICATE Re: Sale and Transfer to Bruce Rondeau of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of Clarington, in the Regional Municipality of Durham, and municipally known as 6210 Solina Road, Solina, Ontario I, PATTI BARRIE, Municipal Clerk of The Corporation of the Municipality of C1arington, 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 ofthe Property, as required by Subsection 193(4) ofthe Municipal Act, R.S.O. 1990, c.MA5, was obtained. ,.k"EM~ DATED the 'f#\ day ofGetober, 2002. Q:\FILES\CONVEY\0200264.S\S_ VUND UNDERTAKINGS TO: BRUCE RONDEAU AND TO: LAWSON AND CLARK their solicitor(s) herein RE: The Corporation of the Municipality of Clarington (the "Vendor") sale to Bruce Rondeau (the "Purchaser") 6210 Solina Road, Solina, Ontario (the "Property") IN CONSIDERATION of and notwithstanding the closing ofthe above transaction, the undersigned hereby undertakes as follows: 1. TO deliver up vacant possession of the premises on closing; 2. 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 4 day of November ,2002. Per: Name: J Mutton Title: Mayor We have authority to bind the corporation. .) , Q:\FILES\CONVEY\0200264.S\S_ VUND UNDERTAKINGS TO: BRUCE RONDEAU AND TO: LA WSON AND CLARK their solicitor(s) herein RE: The Corporation of the Municipality of Clarington (the "Vendor") sale to Bruce Rondeau (the "Purchaser") 6210 Solina Road, Solina, 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 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 4 day of November ,2002. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: ~JL Name: J Mutton We have authority to bind the corporation. Q:\F1LES\CONVEY\0200264.S\S _ VUND UNDERTAKINGS TO: BRUCE RONDEAU AND TO: LAWSON AND CLARK their solicitor(s) herein RE: The Corporation of the Municipality of Clarington (the "Vendor") sale to Bruce Rondeau (the "Purchaser") 6210 Solina Road, Solina, Ontario (the "Property") IN CONSIDERATION of and notwithstanding the closing ofthe above transaction, the undersigned hereby undertakes as follows: 1. TO deliver up vacant possession of the premises on closing; 2. 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 4 day of November ,2002. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Ji Mutton Title: Mayor We have authority to bind the corporation. ~~ VENDOR: PURCHASER: PROPERTY: ADJUSTED AS OF: STATEMENT OF ADJUSTMENTS The Corporation of the Municipality of Clarington Bruce Rondeau 6210 Solina Road, Solina, Ontario November 14,2002 SALE PRICE $65,000.00 DEPOSIT GST ON SALE PRICE Credit Vendor: $5,000.00 BALANCE DUE ON CLOSING payable to The Corporation of the Municipality of Clarington or as further directed E.&O.E. Q:IFILESICONVEY\0200264.SIS _AD! $64,550.00 $69,550.00 4,550.00 $69,550.00 Memorandum Dennis C. Hefferon Barrister & Solicitor To: Patti Barrie, Municipal Clerk From: Dennis Hefferon, Solicitor Date: March 12,2004 File: 7504 Re: Clarington Sale to Bruce Rondeau: 6210 Solina Road, Solina, Ontario 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 r:D~8:i;RI8u'TloN'.<;r ; "'I f:R!l' . # l~ \j.L. ",..;, lo;+'" ., ...",~.,.....~-".."." .. .,~ " ).,....~~"'~~~W~-l'~, 1 fiCK BY. ; ~ ~.... I,. ~'"'~~~~~~*>>,f~.;~~... ~l I OR!~N.AL 10:..,,~.....~"..._ ~ ; "'COPiES"i:fj~-- -"::.'-1 '-- u_ _a -r-::;i-,f=! ~ ~ .:-~.:; i -"....,.......-_:..."""""'~- ..---.._~,....;. L....-..___ ... , "'- "'~--..",.. }.~,,~,.,,_.~-_.~._..._-~. .....,~j'.t'-...."'.' : \'\ ~ ~ ""7 . ~. -1~.;2.Q,~.;.~..........~.. ..... ".: \ " ~. .,,,",,, ... 1--.-.. .. f . ~ "~':'~fI'(;~'''''''N'''''''''''''~-;-'''''''''''~.'''''''''\I''''~,_'-4lI>4.; t. " ~~"_.....-.-""....,.,..__~~4'-""'_,,, .........~lol;1;WAl..._..II~.. j .. .. .. ....... ~ t . . ~ . ,I,"-~"'''~.' .~~.",~,..._........_~.;,..>:,,f.h""~Ioll..m',"".""."" '.~'.'.'.'."..... ' '. L"2 .. ',' ,.'.\1'(' .-~_ i..,:,.''': ,~,::9~~i''1:< ,,; :Q~~:~~!fl!;'l\;" . The Municipality of Clarington Sale to Bruce Rondeau: Blocks 43 and 44, Plan 40M-1897 Known for Municipal Purposes as 6210 Solina Road, Solina, Ontario Prepared by DENNIS C. HEFFERON Barrister & Solicitor 2500-130 Adelaide St. W. Toronto, Ontario M5H 2M2 File No. 0200264 R:\FILES\0200264\A W\S _INDEXfim Re: The Corporation of the Municipality of Clarington sale to Bruce Rondeau Blocks 43 and 44, Plan 40M-1897, ,Municipality of Clarington 6210 Solina Road, Solina, Ontario (the "Real Property") INDEX DOCUMENT TAB 1 Report dated September 25,2003 Bid from Bruce Rondeau dated February 11,2002 2 Letter from Municipality of Clarington accepting bid 3 Transfer/Deed of Land registered as DR169946 on May 5, 2003 4 Purchaser's Direction re Title 5 Statement of Adjustments 6 Vendor's Undertaking to Readjust, etc. 7 Vendor's Declaration re Section 116/Family Law 8 Vendor's Certificate re Municipal By-law No 95-22 9 Survey 10 130 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: Imargulies@robapp.com www.robinsapplebyandtaub.com Barristers & Solicitors . Delivered by: Courier File Number: 0200264 September 25, 2003 The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear Sir or Madam: Re: The Corporation of the Municipality of Clarington sale to Bruce Rondeau Blocks 43 and 44, Plan 40M-1897, ,Municipality of CIa ring ton 6210 Solina Road, Solina, Ontario (the "Property") We are pleased to report to you that the above-noted transaction was completed in accordance with your instructions on May 5, 2003, with adjustments as of November 14,2002. SALE OF SURPLUS PROPERTIES Pursuant to a bid made by Bruce Rondeau meeting all terms, conditions and specifications of SD2001-2, Sale of Surplus Properties, The Corporation of the Municipality ofClarington agreed to sell the Property for the sum of $65,000.00. We enclose herewith a copy ofMr. Rondeau's bid, dated February 11,2002 together with the letter from the Municipality to Mr. Rondeau dated March 20, 2002 and informing him that his bid had been accepted on March 18, 2002. TRANSFER/DEED OF LAND Title to the Property was taken in the name of Bruce Rondeau (the "Purchaser"), pursuant to a written direction received from the Offeror and was conveyed by you in favour of the Purchaser by Transfer/Deed of Land registered on May 5, 2003 as DR169946. A copy of the Transfer/Deed of Land is enclosed herewith for your records, together with a copy of the signed Direction as to the engrossing of the Transfer/Deed of Land. Page 2 . Robins Appleby & raub Barristers & Solicitors . STATEMENT OF ADJUSTMENTS The Statement of Adjustments sets out closing adjustments between you and the purchaser, calculated as at November 14,2002. The Statement reflects a credit to you in the amount of $65,000.00, being the sale price of the property, and a credit to the purchaser for the deposit monies of $5,000.00. GST ON SALE PRICE - The purchaser was charged in the Statement of Adjustments with GST on the sale price of the property amounting to $4,550.00. 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 $64,550.00. VENDOR'S DOCUMENTS You undertook to deliver up vacant possession of the Property and to readjust the Statement of Adjustments. You provided a Declaration re the Family Law Act and Section 116 ofthe Income Tax Act ( Canada). You further provided a Certificate certifying that the Municipality's Procedural By-Law No. 95 -22 was satisfied, and that an appraisal of the property was obtained. SURVEY A survey of the property is enclosed. 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 ROBINS Per: '" R:\FILES\0200264\A WlS _ REPT.wpd ==y;;:u~.~t;:;----~~:-~~ JJ~_~Q <"r.---- _.. ___P__.___. ____ ___... _. _ .1._ _ -.___ _ _n_ - - - - ---- ----- ____._-:i-L~e:---I -10 --#~ -j~ -.- ---- -___~-3\c::Z--~~./4~ - -...;&~--(Q#'/Q -- - f~~f7--..:J +~~/~ --7b-;A~ r-f ~'oI -~ -- L-~/I//h ~4 't_c~5' .- ~ zL ~d~ lo/do6~. -- -~-- Clcn:ilJgron March 20, 2002 Mr. Bruce Rondeau 7 Dorset Street Hampton, ON LOB 1 J(). Qear Mr. Rondeau: ~4) RE: S02001-2. SALE OF SURPLUS PROPERTIES Please be advised that at a meeting of March 18, 2002, the Municipality of Clarington Council approved the following: "THAT the bid in the amount of $65,000.00 for the sale of property #4, 6210 Solina Road, Solina, Ontario, from Bruce Rondeau, Hampton, Ontario being the highest responsible bidder meeting all terms, conditions and specifications of SD2001-2 be accepted;" Note, your cash bid deposit in the amount of $5,000.00 will be applied against the total sale price of $65,000.00 for the purchase of 6210 Solina Road, Solina, Ontario. A copy of your offer will be forwarded to our solicitor who will in turn contact you to arrange the details of the closing of the sale. I have provided for information purposes the name, address and phone number of the solicitor for the Municipality of Clarington. In the meantime, should you have any questions, please contact me at (905) 623-3689. y. :~/7 d' / //7- A-~~ /c2u.fl-V// Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager LAB*km Cc: David Crome, MCIP, RPP, Director of Planning Services Marie Marano, H.B.Sc., C.M.a., Director of Corporate Services / Acting C.A.O. Lori Gordon, Accounting Manager ~t.ftIfJW,'~"'~SofiajQr Suite 2500,130 Adelaide St. W., Toronto, ON, M5H 2M2 P: 416-360-3326 and F: 416-868-0306 H :\LET &M EMO\LET -SDO 1-2.doc CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 5- 5-03; 3:45PM;LAWSON AND CLARK ;9056832741 # 2/ 5 lRO # 40 Transfer The applicant(s) hereby applies to the Land Registrar. Receipted as DR169946 on 20030505 yyyy mm dd at 15:42 Page 1 of2 I Properties PIN Description Address 26712 - 0095 L T Estate/Qualifier Fee Simple Absolute PART OF PCl 43-1, SEe 40M1897 , PART OF BlK 43 PL 40M1897 (CLARINGTON), DESIGNATED AS PART 1, PLAN 40R-20053; SIT N97182 CLARINGTON CLARINGTON o Split Address 26712 - 0096 l T Estate/Qualifier Fee Simple Absolute PART OF PCl RESERVES-1, SEC 40M1897, PART OF BlK 44 Pl 40M1897 (CLARINGTON), DESIGNATED AS PART 2, PLAN 40R-20053 ; CLARINGTON CLARINGTON o Split PIN Description l Consideration Consideration $ 65,000.00 I Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance Street Bowmanville, Ontario L 1C 3A6 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 Address for Service RONDEAU, BRUCE 19490930 cia 20 CHURCH ST. NORTH AJAX, ONTARIO l1T 2W5 Beneficial Owner I Statements Schedule: See Schedules l I Signed By Audrey Wanda Weaver 2500-130 Adelaide Toronto M5V 2M2 acting for Transferor(s) Signed 2003 05 05 Tel 4168681080 Fax 4168680306 Walker Douglas Clark 20 Church St. North Ajax L 1T 2W6 acting for Transferee(s) Signed 2003 05 05 Tel 9056832741 Fax 9056832752 I Submitted By LAWSON AND CLARK 20 Church St. North Ajax L 1T 2W6 2003 05 05 Tel 9056832741 Fax 9056832752 I FeeslTaxeslpayment Statutory Registration Fee $60.00 11 5- 5-03; 3:45PM;LAWSON AND CLAPK ;905683274' LRO # 40 Transfer The applicant(s) hereby applies to the Land Registrar. Receipted as DR169946 on 20030505 yyyy mm dd # 3/ 5 al 15:42 Page 2 of 2 I Fees/Taxes/Payment Land Transfer Tax $375.00 Total Paid $435.00 :It;, 5- 5-03; 3:45PM;LAWSON AND CLA~K ;9056832741 # 4/ 5 AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION In the matter of the conveyance of: 26712 - 0095 PART OF PCl 43-1, SEC 40M1897 , PART OF BlK 43 Pl 40M1897 (CLARINGTON), DESIGNATED AS PART 1, PLAN 40R-20053; SfT N97182 CLAR1NGTON 26712 _ 0096 PART OF PCl RESERVES-1, SEC 40M1897, PART OF BlK 44 Pl 40M1897 (CLARINGTON), DESIGNATED AS PART 2, PLAN 40R-20053 ; CLARINGTON BY TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON RONDEAU, BRUCE Beneficial Owner %(all PINs) MAKE OATH AND SAY THAT: 1. For RONDEAU, BRUCE lam o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; o (d) The authorized agent or solicitor acting in this transaction for _ described in paragraph(s) U above o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for - described in paragraph(s) U above. o (f) A transferee described in paragraph ( ) and am making this affidavit on my own behalf and on behalf of _ who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. o (g) A transferee described in paragraph ( ) and am making this affidavit on my own behalf and on behalf of _ who is my same-sex partner described above in paragraph(s) U. 3. The total consideration for this transaction Is allocated as follows: (a) Monies paid or to be paid in cash (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Securities transferred to the value of (detail below) (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) (h) VALUE OF ALL CHATTELS - items oftangible personal property (i) Other considerations for transaction not included in (9) or (h) above 0) Total consideration PROPERTY Information Record A. Nature of Instrument: Transfer LRO 40 Registration No. DR169946 Date: 2003/05/05 B. Property(s): PIN 26712 - 0095 Address CLARINGTON Assessment Roll No PIN 26712 - 0096 Address CLARINGTON Assessment Roll No C. Address for Service: c/o 20 CHURCH ST. NORTH AJAA, ONTARIO l1T 2W5 D. (i) last conveyance(s): PIN 26712 - 0095 Registration No. l T834937 PIN 26712 - 0096 Registration No. l T834938 (ii) legal Description for Property Conveyed: Same as in last conveyance? Yes 0 No 0 Not known 0 E. Tax Statements Prepared By: Walker Douglas Clark 20 Church S1. North Ajax l1T 2W6 II:' 65,000.00 0.00 0.00 0.00 0.00 0.00 0.00 65,000.00 0.00 0.00 65,000.00 5- 5-03; 3;45PM;LAWSON AND CLARK ;9056832741 # 5/ 5 CERTIFICATE Re: Sale and Transfer to Bruce Rondeau of Blocks 43 and 44, Plan 40M-1897, Municipality ofClarington, in the Regional Municipality of Durham, and municipally known as 6210 Solina Road, Solina, Ontario I, PATTI BARRIE, Municipal Clerk of The Corporation of the Municipality ofClarington, 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) ofthe Municipal Act, R.S.O. 1990, c.MA5, was obtained. DATED the day of October, 2002. Patti L. Barrie, Municipal Clerk .~ '- ACKNOWLEDGEMENT AND DIRECTION Page 1 of 2 TO: Audrey Wanda Weaver {insert lawyer's name} AND TO: ROBINS, APPLEBY & TAUB LLP {insert Firm name if applicable} RE: The Corporation of the Municipality of Clarington sale to Rondeau, 6210 Solina Road, Solina {insert brief description of transaction} This will confirm that: . IIwe 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 IIwe understand that IIwe 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 Address 26712 - 0095 l T Estate/Qualifier Fee Simple Absolute PART OF PCl 43-1, SEC 40M1897 , PART OF BlK43 Pl40M1897 (CLARINGTON), DESIGNATED AS PART 1, PLAN 40R-20053; SIT N97182 CLARINGTON ClARINGTON ~ Split PIN Description 26712 - 0096 l T Estate/Qualifier Fee Simple Absolute PART OF PCl RESERVES-1, SEC 40M1897, PART OF BLK 44 PL 40M1897 (CLARINGTON), DESIGNATED AS PART 2, PLAN 40R-20053 ; CLARINGTON CLARINGTON ~ Split 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 RONDEAU,BRUCE I Statements Schedule: See Schedules I Consideration $ 65,000.00 . ... . . D~ed~ Clarington ACKNOWLEDGEMENT AND DIRECTION Page 2 of 2 , this Witness: (as to all signatures. if applicable) 4 November 2002 day of THE CORPORATION OF THE MUNICIPALITY OF CLA T Per: Per: . We have autnorJtY~ 1.o)Hrid the corporatlDri. DIRECTION RE: TITLE TO: MUNICIPALITY OF CLARINGTON AND TO: ROBINS, APPLEBY & TAUB, Solicitors RE: RONDEAU PURCHASE FROM MUNICIPALITY OF CLARINGTON Part Block 43 Plan 40M-1897, Part 1 on Plan 40R-20053 and Part of Block 44 Plan 40M-1897 Part 2 on Plan 40R-20053, Clarington CLOSING: May 5, 2003 YOU ARE HEREBY AUTHORIZED AND DIRECTED to engross the Transfer/Deed of Land as follows: RONDEAU, Bruce September 30, 1949 AND THIS SHALL BE YOUR GOOD AND SUFFICIENT AUTHORITY for so doing. /' Dated at Ajax, Ontario this~ day of May, 2003 \ BRUCE RONDEAU STATEMENT OF ADJUSTMENTS VENDOR: The Corporation of the Municipality ofClarington PURCHASER: Bruce Rondeau PROPERTY: 6210 Solina Road, Solina, Ontario ADJUSTED AS OF: November 14, 2002 SALE PRICE $65,000.00 DEPOSIT $5,000.00 GST ON SALE PRICE Credit Vendor: 4,550.00 BALANCE DUE ON CLOSING payable to The Corporation of the Municipality of Clarington or as further directed $64,550.00 $69,550.00 $69,550.00 E.&O.E. Q:\FILES\CONVEY\0200264. S\S _AD} Q:IFILESICONVEY\0200264.SIS_ VUND UNDERT AKINGS TO: BRUCE RONDEAU AND TO: LAWSON AND CLARK their solicitor(s) herein RE: The Corporation of the Municipality of Cia ring ton (the "Vendor") sale to Bruce Rondeau (the "Purchaser") 6210 Solina Road, Solina, Ontario (the "Property") IN CONSIDERA nON 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 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 4 day of November ,2002. Per: Name: J Mutton - -:~- Title: Mayor ..;:'. /--. - .-:-, . ~ --.....:....- . -- ~ -- ,'- ~ '. - - "- ~ .. . - .\ - - - ...." \ _.- We have authority to bind the corporation. R:\FILES\0200264\A WlS _ VDlI6. DECLARATIONRE: SECTION 116, FAMILY LAW ACT CANADA ) ) ) ) ) ) ) IN THE MATTER OF the sale by The Corporation of the Municipality of Clarington (the "Vendor") to Bruce Rondeau (the "Purchaser") of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of Cia ring ton and municipally known as 6210 Solina Road, Solina, Ontario (the "Property") PROVINCE OF ONTARIO I, John Mutton, of the Municipality of Cia ring ton 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 ofthe 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 ifmade under oath. DECLARED BEFORE ME ) at the~ Munict~~~tt~tgK ) in the Provo of Ontario ) this day f November ,2002 ) ) ) ) Patti L. Barrie, Clerk Municipality of Clarington Commissioner of Oaths. ate CERTIFICATE Re: Sale and Transfer to Bruce Rondeau of Part of Blocks 43 and 44, Plan 40M-1897, designated as Parts 1 and 2, Plan 40R-20053, Municipality of Clarington, in the Regional Municipality of Durham, and municipally known as 6210 Solina Road, Solina, Ontario 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) ofthe Municipal Act, R.S.O. 1990, c.MA5, was obtained. Alo" e. 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