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Home My WebLink About03 114 land sale pryde e e - e I THE CORPORATION OF THE MUNICIPALITY OF KINC~INE KBT i I I , I I I I I I BY-LAW j NO. 2003 -114 I I A BY -LAW TO AUTHORIZE THE SIGNING 10F AN AGREEMENT OF PURCHASE AND SALE FOR LA~D REQUIRED FOR MUNICIPAL PURPOSES (Pryde) I I ! I WHEREAS THE Municipal Act, 2001, S.O. 2001, c. 25 Section ~ 1 (2) authorizes municipalities to pass by-laws respecting matters within the sphpre of jurisdiction of water distribution; I I AND WHEREAS The Council of The Corporation of the Municipality of Kincardine deems it expedient to purchase land located on the west part of lots 49 and 50, Concession "A", former Township of Kincardine, n w Municipality of Kincardine, in the County of Bruce, being more particularly desc ibed on attached Agreement of Purchase and Sale, for future water distribution u e; I I AND WHEREAS the Corporation of the Municipality of Kin~rdine, deems it advisable to purchase from Susan Kathleen Pryde those lands s outlined in the Agreement of Purchase and Sale attached to this by-law as Sch dule A; NOW THEREFORE the Council for ,The Corporation of th~ Municipality of Kincardine ENACTS as follows: ' 1. That the Mayor and CAO be authorized to execute, n behalf of The Corporation of the Municipality of Kincardine, an Agree ent of Purchase and Sale with Susan Kathleen Pryde, attached to this b -law as Schedule A, and to affix the corporate seal as and when required. That the lands referred to are more particularly set out in the Agreement of Purchase and Sale attached to this By-law as Schedule 3. The purchase price for the said lands shall be two dolla ($2.00) and shall include two water service connections at no charge to th vendor. 2. 4. The by-law shall come into full force and effect upon its f nal passage. 5. This by-law may be cited as the "Pt. Lot 49 and 50, co+ession A Ward 2 (Pryde) Land Purchase By-law". READ a FIRST, SECOND and THIRD time and DEEMED TO BE PASSED this 13th day of August, 2003. -~- UO/~~/~UU~ ~v.~~ lOl~~~bl~~~ -,' ~r·~6'2003 10:25 5198868651 . . .' .!.1' ~ . MUN OF KINCARDINE Wtlin&iC~n BY-LAW NO. 2003 - 114 AGJIEEMERT OF OFFER m SELL - PRYDE PAGe: 02 13382 P.004(009 ~! OFFER T9 S.~LL - FEE SIMPLE INTEREST: BETWEEN: SUSAN KATHLEEN PRYDE (the RVendor' - end - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~the MMunjcipality~1 DESCRIPTION OF LANDS 1 .1 The VendOl'" offer-s to s.II to the Municipality the following lands: The fee simple intsreet in respect of the fends legally known ss Part of Lots 49 and 60, Conçeuton A, as 6høwn in solid Þlack on Sch!l(ule "A" attached hereto, with dimensions of 2£1 metres by 225 metres, mare or less, complete with ø cul-de-sac with adequate turning radius (the RLands". Tþe sctuellocatJon of me Lends shall be mutuallv agreed upon by the partíes, acting reasonably to ensure that they full.,. contain the works to be constructed thereuOder, and set out as 8 pert on a Reference Plan. CLOSING DATI! 2.1 The closing of this transaction shall take place on the 28th day of August, 2003, or such other dare as may be mUll.ullly agreed upon by each party's solicitor Ithe MClosing DateR', . PAYMeNT OF COMPENSATION ·3.1 The Municipality shall pay to the Vendor on the Closing Date the sum 01 Two Dollars ($2.001, exclusive of the Goods and Services Tax, in lawful money of CSlUlda, payable to the Vendor, or as the Vendor may direct, by chequ.. In addition, the Municipality shall provlda to the Vendor without COst, two (2) weter service connections at a time and in a looatlon to be mutually agreed upon by the parties. The Vendor acknowledges that each water servioe connection has an apprDximate value of $6,100.00, 3.2 The Munioipllllty acknowledges that the provisions of søction 3.1 shall survive the completion of the transaction contemplated by tllis ·agreement and shall not merge on the Closln¡¡ Data. FEES, CLEARING, LUMBER 6. FUTURE USE OF LANDS 4.1 The Munlcipalltv agrees to pay ell legel feell Ita a maximum of $1000.00 for the Vendorl and survey fees incurred In connection with this Agreement. 4.2 The Purchaser agrees to clear and grub the Lands as required to install the pipeline to minimum wld'th 01 10 metreø and a maximum width of 20 metres <lnd all rafullle to be removed by the Municipality from tha site. Aher cQl'"Opletion of construction, the Lands shall be fine-graded by tl1e Municipllllty. 4.3 Any marketaÞle lumber on the Lands shall remain the property of Ùle Vendor and shall be removed by the Vendor prior to the construction of services. ,- ,.. ~ . . . ~O/~~/¿Q~~ ~~;~~ !~l~~~b!q~~ ~ur·~6·2003 10:26 5199968651 MLN OF KINCARDINE WHITE DUNCAN PAGE 03 t3392 P.005/008 , 2 4.4 The Municipality acl<nowledges that the provisions of sections 4.1, 4.2 and 4.3 shall survive the completion of the transaction contemplated by this agreement snd shall not merge on the Closing Date. VACANT POSSESSION B .1 The Munlclpslitv $hell have vscant possession of the lands on the Closing Date. PSlMIS$ION TO ENT~ 6.1 The Vendor hereby grents to the Munìcipelity, Its employees, agents, contractors and consultants, permission to sntar onto the Lands in advance of the Closing Date for the purpose of preliminary site prepar8tion, pre-engineering, grubbing and clearing, construction of Its underground servlcee end SlJrvsying the finellocation of the lands. INSPECTION AND CONDmONS 7.1 The Municipality shall hwe t.... rIght, at any time: (al to ent.er upon the Lands to make detëlÎled inspections and to perform such test6 e$ the Municlpelity deems appropriate, including soil telit!¡¡ and drilling test holes; and Ibl to obtain access to any government records to determine If theré ere any building deficiencies, violations of law, wsstes, hazards or san conditions other than those idéntlfied in this Agreement which mIght interfere with the Municipality's Intended use of the Lands or with respect to which the Municipality might be put to any additional ""pense. ' 7.2 The Vendor warrants thet, to the best of the Vendor's knowledge and belief there ere nil building deficiencies or violetlona of eny Faderal or ProVincilllløws or regulations, or any non-compliance with any orders or approvals Gf any government authority reltrting tp the Lands or their use or which might Interfere with the MunicIpality', intended use of the unds, The Vendor undertskes to advise the Municipality immediately: (j) upOt'l bsooming aWare of eny en-or In this .mam,,,t: or {ill upon receIpt of notice from Iny municipal or governmental authority regarding the foregoing; or lIIil upon becoming aware of any cheng8fl in tha cIrcumstances under which such statement is mede. 7.3 The Vendor represents and werrants to the Municipality thet, to the best of his knowledga and belief, la' the Land. have never been used II' e wa.te di.poI" Jite; {bl no contaminantll, pollutant., dangerous substances, liquid weste or hazardous materials exist or have been stored in or on the Lands; (c) no underground storage tanks or surt<lCe impoundments have been or are in or on the Lends; and Id spousal consent is not necessary to this transaction under the provisions of the Family Law Act (Ontarlol R.S,Q. 1990 unless the Vendor's spouse has executed the consent hereinafter provided. 7.4 The warranties and conditions çontBined In thlli Agrltsment ehall not merge on and 'h$1I survive thf.I Closing O,te. . 7.5 If, in the opinion of the Municipelity's solicitor, expropriation of the above Lands is necessary to olear title or to meet deadline5 for the Mun;cipelìty'e work, the Municipelity may acquire the Landa by expropriation end the Vendor agreee that payment or the above v UO/J.::J/£Ot:l.:i "~i',~6'2003 . PAGE 04 #3382 P.006/00B . . h , . J.V;.:iJ. !Ol~~~blq~~ 10:26 519E868651 MUN OF KINCARDINE WHITE DUNCAN I 'I 3 sum represents compensetion in full for the Lands end .If entitlements as SUt8d jn the Expropril1tlotl& Act. INJURIOUS AFfECTION S.1 The Vendor acknowledges that the Municipality is purchasing tl1e Lands tor the purpose of constructing underground water servIces. The Vendor hereby accepts the compensation set out in paragraph 3.1 and the other 1:érms hereof in full settlement of aU I;lelrn. for compensation for the Lands, and any and all righ1:8 under the EJcproprletlons Act ;ncludlng business los8es and demages attrlbut'lþle to disturbsnee and damages for injurious affection and any other compensation to which the Vendor m.y be entitled under the Expropriations Act, resulting from the sale of the Lands or the construction of the 'underground services, . TITLE 9.1 The Vendor represents and warrants that title to the Lends is and will be on the Closing Date good end frSG from restrictions.. covenants, eSSE/mente. charges, nens and encumbrances. 9.2 The Vsndor shall deliver to the Municipality, on or before the Clor;¡ng Date, Bach of the followIng; (e) a reglsterèbre deed ill favour of the Municipality (except for any Land Transfer Tax Act Affidavits); (b) such other deeds, conveyances, resolutions and other documents as the Municipality or the Munlolpality's council may reasonablv require In ordar to implement the Intent of this Agreement; and (el e stlltutory declaratlotl that the Vendor is not B non-i'esJdeh1: of Canada within the meaning of section 116 of the Incoml¡J 18)( Act. 9,3 The Vendor acknowledges and ag,..,es that thare shell ba no adjustments to the compensation on clolSinQ tor realty taxes or IIny other matters, PREPARATION AND AeaISTRATlON OF TRANSFER/DEED 10.1 The TransferlDeed, eXoept for the Land Transfer Tax Act Affidavit, shall be prepared by the Vendor in a form acoeptaÞle to the Munlolpality, GOODS AND SERVICES TAX 11.1 The Municipality warrants that it Is e regløtrent under the EJcclse rex Act in respect of the payment of the Goods end Services Tax and will remit the Goods and Services Tax payeble directly to the appropriate taxing authority following completion of this transaction. PLANNING ACT 12.1 This Agreement shell be efft;Içtive to create en Interest in the Lands ollly if the subdivision control provisions of the PI.nning Act are complied with by the Vendor on 01'" ~ore closing. IRREVOCABIUTY 13.1 This offer shall be Irrevooable bv the Vendor for a period of 60 days from the date hereof. Acceptllnce of this offer by reeolutlon or by-lllw of the Municiplllity's Council shall be good and eufficient accept!!!r"::", ~1j/J.;;JILt:II::.:I ~ -1Iu¡¡.H'lUUJ · t t~ .. . .¡ > ~ I '1 . . . l~:~l l~l~~~blq~~ 10: 26 5198868651 MUN OF KINCARDINE WHITE DUNCl\N PAGE 05 #3382 P.007l009 4 GENERAL 14.1 Time shall be of the eSMnce. 14.2 Any covenllnts of this Agreement not completed on or Þ4fOl'"e the Closing Date shall survive the closing. 14.3 This AQreement constitutes the entire agreement Þetween the parties and there is no representation, warranty, collaterQ sgreement or condition .affecting this Agreement or the Lands other then expressed hereIn. 14.4 Any tender of documents or money under this Agreement may be made upon the Vendor or Munlclp¡¡jty, or their solicitors. 14.5 The provisions of this Agreement shall extend to, bind and enure to the benefit of the he',s, executors, admlniMrators, succesSOrs and assigns, /118 the case may be, of each qf the pa rtles. 14.6 This AQreement shell be construed In IIÇÇQrdance with the laws of the Province óf Ontario. 14.7 This Agreement shall be subject to the provisions of the Municipal Freedom of Infotmation and Protectløn of Prlvscy Act, 14.8 Each of the pertles shell promptly do, make, execute. deliver or cause to be done, made, executed or delivered all such further Gets, documents and things IU the other partY heretO may reasonably requIre for thè purpoGe of giving effect to this Agreement whether before or after the Closing DIRe. 14.9 Upon acceptance of mis offer by the Municlpelity, this shall be 8 binding Agreement of Pureha~e and Sale. NOTICE 16.1 Any no~ce under. this Agreemént is sufficiently glv~n if delivered persol1lllly or If sent by ordinary prepaid mell or prepaid courier to the Municipality 111:; The Corporation of the Municipalitv of Klnel!lrellne c/o White, Duncen, Ostner & Lillton LLf' P.O. Box 457,.45 Erb Street EIISt Waterloo, Ontsrlo N2J 4B5 Attention; Steven O'Melia and to the Vendor st: Susan Kathleen Pryde P.O. Box 1725 10 Collard Way Town of SaugHI) Shores, Ontario NOH 2CO THIS OFFER TO SELL is made by the Vendor this })~aY of ,2003. ~~ UO/~~/~UU~ ~a;~~ ~~l~~~b~q~~ ~ ,~.~6'2003 10127 5198868651 ., ''<'.. :. "~ '. MUN OF KINCARDINE WHITE DUNCAN PAGE 06 t3382 P.009/00a 5 . SPOUSAL CONSENT: The Undersigned Spouse of the Vendor hereby consent. to the disposition evidenced herein ptII'Suant to the prOI/I8ions of t/Je Femily law Act. R,S,O. 1990 and hereby agree. with the Munlci~ity that /Ie/ehe will execute all necessary or Incidental documents to give full force and effect to the sale evidence herein. ~~ Nemev'" ~ IS OPFER WAS ACC¡;p'TED by resolution or by-law of the MunrcipBlity at its meetíne of I , 2003, 8S evidenced bV the hands of its authorized signing officers whICh out below. . J':C" d'~ - >-11 ~<CAO~- ~. o n aRosenro. . ,. ...... ':.- ~ ~c ~ (--- ~ ~ ~ \ ___ I .... \. -... ï r j:; "f""~ ~0 ~ .. s=f ~ \ ?-_I t(b ~ I : :: 3 ~ \ I ~ ~ I I l í--tJ:í , ::q~ I -... -(.s. i ----;---~/ ¢:._ >="'-/ I l-- ~ n ¡t~- I -- -rl '" \ :I. I ! '\ !J ;t; !' _-.-..--1- I ;:; ----- \ ) I ----- "-..--. . . . . . . ' . . . . . . . . . . . . . '. '. '. '. '. .;¡. --- ~ -- -- ~ ~2 ¡- - ~ 112S34:!5"t , - :r.. ...... u.tn' ..... __ ... 111·$- Z. :0 'po' P'....A.\.'\1:7J /)1:'" ....()P. :.'Vi , I I I ~ I ~ c.o ~ ~ J ~ '. 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