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HomeMy WebLinkAbout23 127 Property Purchase Agreements - Ministry of Transportation (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 127 Being a By-law to Authorize a Property Purchase Agreement to Sell Portions of Land Abutting Highway #21 to His Majesty the King in Right of the Province of Ontario Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas The Corporation of the Municipality of Kincardine owns the land located on Highway #21, Municipality of Kincardine; and Whereas the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a Property Purchase Agreement to sell property abutting Highway #21, (near Russell Street), Municipality of Kincardine, to His Majesty the King in Right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That The Corporation of the Municipality of Kincardine enter into a Property Purchase Agreement with the His Majesty the King in Right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, for the sale of PT LT 1 CON 1 SDR KINCARDINE, PT 4 3R8569, Municipality of Kincardine, in accordance with the terms and conditions outlined in the Property Purchase Agreement attached hereto as Schedule ‘A’ and forming part of this By-law. 2. That The Corporation of the Municipality of Kincardine enter into a Property Purchase Agreement with the His Majesty the King in Right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, for the sale of PT LT 1 CON 1 SDR KINCARDINE, PT 2 3R8569, Municipality of Kincardine, in accordance with the terms and conditions outlined in the Agreement attached hereto as Schedule ‘B’ and forming part of this By-law. 3. That The Corporation of the Municipality of Kincardine enter into a Property Purchase Agreement with the His Majesty the King in Right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, for the sale of PCL PLAN-2 SEC M34; BLK 1 PL M34 S/T AN EASEMENT IN FAVOUR OF THE HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO OVER PT OF PT 16, 3R1376 AS IN KD13860, Municipality of Kincardine, in accordance with the terms and conditions outlined in the Agreement attached hereto as Schedule ‘C’ and forming part of this By-law. Page 2 of 2 Property Purchase Agreement - Ministry of Transportation (2023) By-law By-law No. 2023 - 127 4. That the Mayor and Clerk be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the Property Purchase Agreements. 5. That this By-law shall come into full force and effect upon its final passage. 6. That this By-law be cited as “Property Purchase Agreements - Ministry of Transportation (2023) By-law”. Read a First and Second Time this 10th day of July, 2023. Read a Third Time and Finally Passed this 10th day of July, 2023. Mayor Clerk SCHEDULE'A' Ontario O W.P. No.: 3220-15-00 Highway No.: 21 Property Section: West PROPERTY PURCHASE AGREEMENT P-Plan: P-2337-124 Agent: Bryan Sevelka Rec: Rec: Rec: A -1/we, The Corporation of the Municipality of Kincardine Of 1475 Concession 5, Kincardine, N2Z 2X6 In the Province of Ontario Hereinafter referred to as "Owner(s)", agree to sell to His Majesty the King in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (referred to as the "Minister") in fee simple free from all tenancies and encumbrances except as to any registered restrictions or covenants that run with the land provided that such are complied with, my/our land in Municipality of Kincardine (Township, City, Town, etc.) County of Bruce (County, District, Regional or District Municipality) being in PT LT 1 CON 1 SDR KINCARDINE, PT 4 3R8569; KINCARDINE (Lot, Block—Concession and Township—or—Registered Plan) shown as Part 10 on Ministry Plan P-2337-124 deposited in the Land Registry Office as Plan 3R-10731 for the sum of Twenty-Six Thousand Eight Hundred and 00/100 Dollars ($26,800.00) It is understood and agreed the above sum includes payment of$25,800.00 for the above-mentioned lands and $1,000.00 allowance for inconvenience and all entitlements as stated in the Expropriations Act, except as hereinafter provided. The Minister will pay reasonable legal and appraisal costs. In the event that the Minister and the Owner cannot agree on the quantum of legal and other fees that is reasonable in the circumstances, the Minister agrees to apply for an order under the Solicitor's Act referring the legal bill to assessment and the Owner agrees to granting of such order to complete the transaction. It is acknowledged that the proposed use of and construction on the lands being acquired has been discussed with me/us and the sum set out as the consideration in this agreement includes payment for any reduction in market value of my/our remaining lands, if any, but excludes any physical damages to any remaining lands which may occur during the construction period. THIS AGREEMENT IS TO REMAIN OPEN FOR ACCEPTANCE by the Minister or the Minister's representative up to and including 30 days from the date of receipt of the offer from the Owner(s) and may be accepted by a letter delivered or mailed by prepaid registered post addressed to the Owner(s)and deposited in a post office or by email on or before the aforesaid date. Notices shall be deemed to have been given: (a) in the case of postage-prepaid envelope, five (5) Business Days after such notice is mailed; or(b) in the case of personal delivery or e-mail one (1) Business Day after such notice is received by the other Party. In the event of postal disruption, notices must be given by personal delivery or e-mail. ADM-S-748 1 The Minister is to be allowed 30 days from the date of acceptance to examine the title at the expense of the Minister. If within that time any valid objection to title is made to the Owner(s)which the Owner(s) is/are unable or unwilling to remove and which the Minister will not waive, the Agreement is void. THE SALE OF THE PROPERTY IS TO BE COMPLETED on or before 60 days from acceptance. Upon acceptance of this Agreement by the Minister or the Minister's representative, the Minister shall have an immediate right to enter upon and take possession of the lands without prejudice to the rights herein. Where buildings are located on the real property being purchased by the Minister,VACANT POSSESSION SHALL BE GIVEN ON CLOSING. Rentals and mortgage interest, if any, and taxes including local improvements are to be adjusted at closing, and utilities and fuels, if any, are to be paid by the Owner(s) up to closing. Tenant(s): Mortgagee(s): HST No.: All buildings and equipment, if any, on the real property shall be and remain at the risk of the Owner(s) until closing. The Minister does not require assignment(s)of the fire insurance. However, the Owner(s)agree(s) in the event of damage to hold any fire insurance policies or proceeds in trust with the right of the Minister to demand the proceeds and complete the purchase. Any adjustment of assessment of any remaining lands of the Owner(s)shall be the responsibility of the Owner(s). This Agreement,when accepted shall constitute a binding Contract of Purchase and Sale. There is no fencing (or gates) required in this matter. There are no entrances required in this matter. There are no trees involved in this matter. The Owner(s)covenants(s)and agree(s)to do nothing, after the execution of the Agreement by the Owner(s)and while this Agreement remains in effect, to encumber the property agreed herein to be sold and conveyed. If in the opinion of the Minister expropriation of the above lands is necessary to clear title or to meet deadlines for the Minister's work, the Minister may acquire the lands by expropriation and the Owner(s)agree(s)that payment of the above sum, together with any services and materials to be provided by the Minister in this Agreement, represents compensation in full for the lands and all entitlements as stated in the Expropriations Act. This Agreement shall be deemed to have satisfied all Section 25 requirements of the Expropriations Act in the event that the Minister proceeds by way of expropriation as provided for in this Agreement. Any Deed or Transfer is to be prepared at the expense of the Minister and any tender, pursuant to this Agreement, of documents and/or money may be made upon the Owner(s)or the Owner(s)solicitor, or the Minister, and the money may be tendered by a Province of Ontario negotiable cheque or electronic fund transfer. The Owner shall provide a copy of the resolution or the bylaw authorizing the execution of this Agreement prior to the Ministry accepting this agreement for execution. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures ADM-S-748 2 appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. I/we acknowledge that this Agreement is not made subject to any promises by any agent of the Minister of Transportation and I/we understand that this Agreement shall not bind the Minister of Transportation until accepted in writing by or on behalf of the Minister of Transportation. Dated at Kincardine this loth day of July , 2023 Kenneth Craig,Mayor Jennifer Lawrie,Clerk Print Name(s)and position held Print Name(s)and position held Kenneth Crai�Q] V IIgII II}I IIpL..� Jennifer Lawrie Sign tl -tl C nsign0 Cloutl(2023/0]I14)IIIIIII a IIIIIIIIIIIIIIIIIII�IIIIII 5 g tl ith Cons gn0 Cloutl(2023/0]/14) (IIIIIII IIIIIIIIIIII�IIII III IIIIIII u IIIIIII verry -n ao.� o,ntlotl,R,—,. v-ry -n�e�ro.�om o�ntlotle aeatle Signature(s) Signature(s) I have the authority to bind the Corporation I have the authority to bind the Corporation ADM-S-748 3 SCHEDULE W Ontario O W.P. No.: 3220-15-00 Highway No.: 21 Property Section: West PROPERTY PURCHASE AGREEMENT P-Plan: P-2337-124 Agent: Bryan Sevelka Rec: Rec: Rec: A -1/we, The Corporation of the Municipality of Kincardine Of 1475 Concession 5, Kincardine, N2Z 2X6 In the Province of Ontario Hereinafter referred to as "Owner(s)", agree to sell to His Majesty the King in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (referred to as the "Minister") in fee simple free from all tenancies and encumbrances except as to any registered restrictions or covenants that run with the land provided that such are complied with, my/our land in Municipality of Kincardine (Township, City, Town, etc.) County of Bruce (County, District, Regional or District Municipality) being in PT LT 1 CON 1 SDR KINCARDINE, PT 2 3R8569; KINCARDINE (Lot, Block—Concession and Township—or—Registered Plan) shown as Part 12 on Ministry Plan P-2337-124 deposited in the Land Registry Office as Plan 3R-10731 for the sum of Eighteen Thousand Three Hundred and 00/100 Dollars ($18,300.00) It is understood and agreed the above sum includes payment of$17,300.00 for the above-mentioned lands and $1,000.00 allowance for inconvenience and all entitlements as stated in the Expropriations Act, except as hereinafter provided. The Minister will pay reasonable legal and appraisal costs. In the event that the Minister and the Owner cannot agree on the quantum of legal and other fees that is reasonable in the circumstances, the Minister agrees to apply for an order under the Solicitor's Act referring the legal bill to assessment and the Owner agrees to granting of such order to complete the transaction. It is acknowledged that the proposed use of and construction on the lands being acquired has been discussed with me/us and the sum set out as the consideration in this agreement includes payment for any reduction in market value of my/our remaining lands, if any, but excludes any physical damages to any remaining lands which may occur during the construction period. THIS AGREEMENT IS TO REMAIN OPEN FOR ACCEPTANCE by the Minister or the Minister's representative up to and including 30 days from the date of receipt of the offer from the Owner(s) and may be accepted by a letter delivered or mailed by prepaid registered post addressed to the Owner(s)and deposited in a post office or by email on or before the aforesaid date. Notices shall be deemed to have been given: (a) in the case of postage-prepaid envelope, five (5) Business Days after such notice is mailed; or(b) in the case of personal delivery or e-mail one (1) Business Day after such notice is received by the other Party. In the event of postal disruption, notices must be given by personal delivery or e-mail. ADM-S-748 1 The Minister is to be allowed 30 days from the date of acceptance to examine the title at the expense of the Minister. If within that time any valid objection to title is made to the Owner(s)which the Owner(s) is/are unable or unwilling to remove and which the Minister will not waive, the Agreement is void. THE SALE OF THE PROPERTY IS TO BE COMPLETED on or before 60 days from acceptance. Upon acceptance of this Agreement by the Minister or the Minister's representative, the Minister shall have an immediate right to enter upon and take possession of the lands without prejudice to the rights herein. Where buildings are located on the real property being purchased by the Minister,VACANT POSSESSION SHALL BE GIVEN ON CLOSING. Rentals and mortgage interest, if any, and taxes including local improvements are to be adjusted at closing, and utilities and fuels, if any, are to be paid by the Owner(s) up to closing. Tenant(s): Mortgagee(s): HST No.: All buildings and equipment, if any, on the real property shall be and remain at the risk of the Owner(s) until closing. The Minister does not require assignment(s)of the fire insurance. However, the Owner(s)agree(s) in the event of damage to hold any fire insurance policies or proceeds in trust with the right of the Minister to demand the proceeds and complete the purchase. Any adjustment of assessment of any remaining lands of the Owner(s)shall be the responsibility of the Owner(s). This Agreement,when accepted shall constitute a binding Contract of Purchase and Sale. There is no fencing (or gates) required in this matter. There are no entrances required in this matter. There are no trees involved in this matter. The Owner(s)covenants(s)and agree(s)to do nothing, after the execution of the Agreement by the Owner(s)and while this Agreement remains in effect, to encumber the property agreed herein to be sold and conveyed. If in the opinion of the Minister expropriation of the above lands is necessary to clear title or to meet deadlines for the Minister's work, the Minister may acquire the lands by expropriation and the Owner(s)agree(s)that payment of the above sum, together with any services and materials to be provided by the Minister in this Agreement, represents compensation in full for the lands and all entitlements as stated in the Expropriations Act. This Agreement shall be deemed to have satisfied all Section 25 requirements of the Expropriations Act in the event that the Minister proceeds by way of expropriation as provided for in this Agreement. Any Deed or Transfer is to be prepared at the expense of the Minister and any tender, pursuant to this Agreement, of documents and/or money may be made upon the Owner(s)or the Owner(s)solicitor, or the Minister, and the money may be tendered by a Province of Ontario negotiable cheque or electronic fund transfer. The Owner shall provide a copy of the resolution or the bylaw authorizing the execution of this Agreement prior to the Ministry accepting this agreement for execution. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures ADM-S-748 2 appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. I/we acknowledge that this Agreement is not made subject to any promises by any agent of the Minister of Transportation and I/we understand that this Agreement shall not bind the Minister of Transportation until accepted in writing by or on behalf of the Minister of Transportation. Dated at Kincardine this loth day of JAY , 2023 Kenneth Craig,Mayor Jennifer Lawrie,Clerk Print Name(s)and position held Print Name(s)and position held Kenneth Craig IIIIIIIIIIIIIIIIIIP�IIIRmllllll 111 JeYnnifernLawri@IIIIIII °III°Illlulllll Sgnetl with ConsignO I'll,(2U23/19, Signature(s) Signature(s) I have the authority to bind the Corporation I have the authority to bind the Corporation ADM-S-748 3 SCHEDULE'C' Ontario O W.P. No.: 3220-15-00 Highway No.: 21 Property Section: West PROPERTY PURCHASE AGREEMENT P-Plan: P-2337-124 Agent: Bryan Sevelka Rec: Rec: Rec: A -1/we, The Corporation of the Municipality of Kincardine Of 1475 Concession 5, Kincardine, N2Z 2X6 In the Province of Ontario Hereinafter referred to as "Owner(s)", agree to sell to His Majesty the King in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (referred to as the "Minister") in fee simple free from all tenancies and encumbrances except as to any registered restrictions or covenants that run with the land provided that such are complied with, my/our land in Municipality of Kincardine (Township, City, Town, etc.) County of Bruce (County, District, Regional or District Municipality) being in PCL PLAN-2 SEC M34; BLK I PL M34 S/T AN EASEMENT IN FAVOUR OF THE HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO OVER PT OF PT 16, 3R1376 AS IN KD13860; KINCARDINE (Lot, Block—Concession and Township—or—Registered Plan) shown as Part 1 on Ministry Plan P-2337-124 deposited in the Land Registry Office as Plan 3R-10731 for the sum of Two Thousand and 00/100 Dollars ($2,000.00) It is understood and agreed the above sum includes payment of$1,000.00 for the above-mentioned lands and $1,000.00 allowance for inconvenience and all entitlements as stated in the Expropriations Act, except as hereinafter provided. The Minister will pay reasonable legal and appraisal costs. In the event that the Minister and the Owner cannot agree on the quantum of legal and other fees that is reasonable in the circumstances, the Minister agrees to apply for an order under the Solicitor's Act referring the legal bill to assessment and the Owner agrees to granting of such order to complete the transaction. It is acknowledged that the proposed use of and construction on the lands being acquired has been discussed with me/us and the sum set out as the consideration in this agreement includes payment for any reduction in market value of my/our remaining lands, if any, but excludes any physical damages to any remaining lands which may occur during the construction period. THIS AGREEMENT IS TO REMAIN OPEN FOR ACCEPTANCE by the Minister or the Minister's representative up to and including 30 days from the date of receipt of the offer from the Owner(s) and may be accepted by a letter delivered or mailed by prepaid registered post addressed to the Owner(s)and deposited in a post office or by email on or before the aforesaid date. Notices shall be deemed to have been given: (a) in the case of postage-prepaid envelope, five (5) Business Days after such notice is mailed; or(b) in the case of personal delivery or e-mail one (1) Business Day after such ADM-S-748 1 notice is received by the other Party. In the event of postal disruption, notices must be given by personal delivery or e-mail. The Minister is to be allowed 30 days from the date of acceptance to examine the title at the expense of the Minister. If within that time any valid objection to title is made to the Owner(s)which the Owner(s) is/are unable or unwilling to remove and which the Minister will not waive, the Agreement is void. THE SALE OF THE PROPERTY IS TO BE COMPLETED on or before 60 days from acceptance. Upon acceptance of this Agreement by the Minister or the Minister's representative, the Minister shall have an immediate right to enter upon and take possession of the lands without prejudice to the rights herein. Where buildings are located on the real property being purchased by the Minister,VACANT POSSESSION SHALL BE GIVEN ON CLOSING. Rentals and mortgage interest, if any, and taxes including local improvements are to be adjusted at closing, and utilities and fuels, if any, are to be paid by the Owner(s)up to closing. Tenant(s): Mortgagee(s): HST No.: All buildings and equipment, if any,on the real property shall be and remain at the risk of the Owner(s) until closing. The Minister does not require assignment(s)of the fire insurance. However, the Owner(s)agree(s) in the event of damage to hold any fire insurance policies or proceeds in trust with the right of the Minister to demand the proceeds and complete the purchase. Any adjustment of assessment of any remaining lands of the Owner(s)shall be the responsibility of the Owner(s). This Agreement,when accepted shall constitute a binding Contract of Purchase and Sale. There is no fencing (or gates)required in this matter. There are no entrances required in this matter. There are no trees involved in this matter. The Owner(s)covenants(s)and agree(s)to do nothing, after the execution of the Agreement by the Owner(s)and while this Agreement remains in effect, to encumber the property agreed herein to be sold and conveyed. If in the opinion of the Minister expropriation of the above lands is necessary to clear title or to meet deadlines for the Minister's work, the Minister may acquire the lands by expropriation and the Owner(s)agree(s)that payment of the above sum, together with any services and materials to be provided by the Minister in this Agreement, represents compensation in full for the lands and all entitlements as stated in the Expropriations Act. This Agreement shall be deemed to have satisfied all Section 25 requirements of the Expropriations Act in the event that the Minister proceeds by way of expropriation as provided for in this Agreement. Any Deed or Transfer is to be prepared at the expense of the Minister and any tender, pursuant to this Agreement, of documents and/or money may be made upon the Owner(s)or the Owner(s)solicitor, or the Minister, and the money may be tendered by a Province of Ontario negotiable cheque or electronic fund transfer. The Owner shall provide a copy of the resolution or the bylaw authorizing the execution of this Agreement prior to the Ministry accepting this agreement for execution. ADM-S-748 2 Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. I/we acknowledge that this Agreement is not made subject to any promises by any agent of the Minister of Transportation and I/we understand that this Agreement shall not bind the Minister of Transportation until accepted in writing by or on behalf of the Minister of Transportation. Dated at Kincardine this loth day of July 2023 Kenneth Craig,Mayor Jennifer Lawrie,Clerk Print Name(s)and position held Print Name(s)and position held Jennifer Lawrie Kenneth Cram llllllllllll �'°j ' s tlwdfi cons OIo dRW3/o]/14) Vernrytl-nb -Fo.com orAtlobe Reatler. g-rywrcb ver Fngnm orAd.b tl II IIII III Signature(s) Signature(s) I have the authority to bind the Corporation I have the authority to bind the Corporation ADM-S-748 3