HomeMy WebLinkAbout03 115 land purchase murray
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TIlE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2003 -115
A BY-LAW TO AUTHORIZE THE SIGNIN~OF
AN AGREEMENT OF PURCHASE AND SALE FOR ND REQUIRED
FOR MUNICIPAL PURPOSES (Murray
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WHEREAS THE Municipal Act, 2001, S.D. 2001, c. 25 Section 111 (2) authorizes
municipalities to pass by-laws respecting matters within the sphrre of jurisdiction
of water distribution; !
AND WHEREAS The Council of The Corporation of th Municipality of
Kincardine deems it expedient to purchase land located 0 part of lot 48,
Concession "A", former Township of Kincardine, now Municipa ity of Kincardine,
in the County of Bruce, being more particularly described on att ched Agreement
of Purchase and Sale, for future water distribution use; !
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AND WHEREAS the Corporation of the Municipality of Kin¥rdine, deems it
advisable to purchase from Ray Murray those lands as outlined in the Agreement
of Purchase and Sale attached to this by-law as Schedule A; I
NOW THEREFORE the Council for The Corporation of thþ Municipality of
Kincardine ENACTS as follows: !
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That the Mayor and CAD be authorized to execute, ~n behalf of The
Corporation of the Municipality of Kincardine, an Agree ent of Purchase
and Sale with Ray Murray, attached to this by-law as S hedule A, and to
affix the corporate seal as and when required.
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That the lands referred to are more particularly set out in] the Agreement of
Purchase and Sale attached to this By-law as Schedule ~;
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The purchase price for the said lands shall be EIghteen thousand
($18,000.00) plus G.S.T. ,
The by-law shall come into full force and effect upon its ~nal passage.
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This by-law may be cited as the oPt. Lot 48, Concßssion A Ward 2
(Murray) Land Purchase By-law". I
READ a FIRST, SECOND and THIRD time and DEEMED T~ BE PASSED this
13th day of August, 2003.
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sCHEDULE "A"
BY-LAw NO. 2003 - 115
Ar.JIJl1'.MRNT OF OFFER TO SELL - MOBRAY
OFFER TO SELl.
e E T WEE N;
RAY MURRAY
Ithe ·Vendor·}
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(the "Municipality")
. DESCR Pi¡ON OF LANDS
1.1 The Vendor offers to sell to the Municipality the following lends: The full and
unencumbered fee simple interest in the lends legally known as Part ot Lo~ .a.e.
Concession A. in the Municipality of Kincardine. County of Bruce, as shown In solid
black on Schedule "A" attached hereto and being a triangular parcel with east/west
and northfsouth lat the easterly limit) dimensions of approximately 200 feet (the
"Lands"). The actual location of the Lends shell be set CUt as a part on a Reference
~Isn by the Municipality prior to the closin; of this transaction.
CLOSING DATE
2.1 The closing of this transaction shall t;¡ke place on the October 9, 2003 , O'
such other date as may bs mutually agreed upon by eech party's solicitor (the
·Closing Date"), who Bre hereby euthori7.ed in that respect.
PAYMENT OF COMPENSATION
3.1 The Municipality shall pay to the Vendor on the Closing Date the sum of
$ 18,000.00' . exclusive M the Goods and Services ïex. in lawful
money of Canada, payeble to the Vel'1dor, or as the Vendor may direct, by oheque.
¡FEES
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The Municipality agrees to pay the reesonable legal fees ìr:curred by the Vendor and
to be responsible for all survey 1ees incurred in connection with this Agreement.
[VACANT POSSESSION
5 .1 The Municipality Shall have vacant possession of the Lands on the Closing Date.
pERMISSION TO eNTER .
6.1 The Vendor hereby grants to the Municipality, its employees, ðgents, contractor$
. i and consultants, permission to ent'r onto the Lends in adv.nce of the Closing Date
. j for the purpose of preliminery site preparation, pre-engineering, oonstruction of iu
uI"derground services and surveying the final location of the Lands.
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INSPECTION AND CONDITIONS
'7.1 The Municipality shell have the right, ilt any time:
la) TO enter upon the Lends to make detailed insoections and to perform such
tests as the Municipality deems appropriate, including soil test" and driHing
Test holes; and
to cbtail'! access to any gove.nment records to determine if there are any
building deficiencies, violations of law, W8S'tes, hazards or soil conditions
other than those identified in this Agreement which might interlere with the
MunicipalitY's intended IIse of thO!! Lands or with respect to which the
Municipality might be put to any additional expense,
The Vendor warr¡¡nts that, to the best of the 'vendor's knowledge aru;l belief having
mede due enquiry, there ere no building deficiencies or violations of any Federal or
Provincial laws or regulations. or any non-compliance with any orders or approvels
of eny government euthoritv relating to the Lands or their use or which might
interfere with the Municipality's intended use of the Lsnds. The Vendor undertakes
to advise the MunicipaÎÎry immediately: (i) upon becomIng eware of any error in this
statement; or /iil upon receipt of notice from any m:Jnìcipal or governmental
authority regarding the foregoing: or (iij) upon becoming aware of any chenges in
the circumstances under which such statement is made.
The Vendor represents and warrants to the Municipality that, to the best of his
knowledge end belief,
(a) the Lends heve never been ilsed as a waGte disposal site;
(bj no contaminant$, pollutants, dangerous substences. liquid waste or
ha2srdous meterials exist or have been stored in or on the Lands;
no underground stor.".. ta"ka or surface impolJndmenta hev! been or are in
or on the Lands; and
spousel consent is not necessary to this trenuction under the provisions of
the FBml7y LilW Act (Ontario) R.S.O. 1990 unless the Vendor's spouse has
executed the consent hereinafter provided,
7.4 The warranties and condití::lns c::lrltained in this Agreement shall not merge on end
shall survive the Closìng Date. If, in its sole discretion, the Municipality determine5
that the warranties or conditions hlive been breached. the Municipality may either:
{OIl elect to termÍnate this Agreeme"t; or
(bl take such Bction for demagas ageinst the Vendor as the Municipality may
determine. ¡
If, in the opinion of the Munlcìpali1f,-'s solicitor, exproprill'tìon of the above Lands is
necessary to clear title or to melt d&edlines for the Munlcipelity's work, the
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Municipality may acquire the Lanqs by expropriation end the Vendor agrees that
pavment of the above sum represents compensation in full for the Lands and all
\ . entitlements liS stated' in the Exprotlarions Acr.
e'''JURIOUS AFÆCTlON I
8~ 1 The Vendor acknowledges thet t"J. MunicfpøritY Is pur,;huing the Lands for the
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purpose of constructing undergrou~d wlter services. The Vendor hereby accepts
the çcmpensatjon set out in p.r'9r~ph 3.1 hereof in full settlement of ell claims for
compen5anon for the Lands, end any snd all rights under the EXpropriBrJol7S Act
Including business losses end dllme~es attributable to disturbance and dameges for
injurious effeQtion and any other compensation to which the Vendor may be entided
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under the Expropriations Act, resulting from the sale of the Lends or the
construction of the undergrOl.lnd servioes.
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TITLE
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The Vendor representS and warrsnts that title to the La"ds ¡, and will be on the
Closing Date good and free from restrictions. covenants, easements, charges, liens
and encumbrances. except; as bereinaft;er provided.
The Vendor shalf deliver to the Municipality, on or before the Closíng Dete, each of
the following:
fa) s registerable deed in favour of the Municipa!ity (except for any Land
Transfer rax AcT. Affidavít5):
(b) such other deeds. conveYllncss, resoll.ltions and ctl1sr dcc;uments as the
Municipality or the Ml.lnicipalíty's council may reasonabJy req'Jire in order to
implement the iment of this Agrument; end
(el a statutory declaration that the Vendor Is not a non-resident elf CaMd.
within the meenlng of section 115 of the Income Tax Act.
The Vendor acknowledges end agrees that there shall be no adjustments to the
compensation on closing for realty taxes or any other metters.
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¡CLOSING ARRANGEMENTS: _
(10.1 Where each of the Vendor end the Municipality retein a lawyer to complete th,s
Offer to Sell, end where the transection wilt be completed by electronic registration
. pursuant to Part '" of the Land Flegistration Reform Act, R.S.O. 1990, c. LA, as
emended, me Vendor and the Municipality acknowledge end agree that the delivery
of documents and the rel~ase thereof to the Vendor and the Municipality may, at
the lawyers' discretlo,,; (a) not occur contemporaneously with the registration of the
transfer/deed (end other registerable documentation,) end (bl be sUbject to
condítions whereby the iewyer receiving documents and/elr money will be required
to hold them in trust and not rslu$e them except in accordance with the terms of a
written egreement between the lawyers.
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frEPARAT'ON AND REGISTRATION OF TRANSFEFI/DEED
l' .1 The TrensferlDeed, excapt for the Land Transfer Tax Act Affidavit, shall be prapered
1 and registered by the Vendor in a ftrm acceptable to the Municipality.
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c;OODS AND SERVICES TAX ~'
~2. 1 The Municipality warrønts that it is e r.gfstl'llnt under the Excise Tax Act in respect
of the payment of the Gelod& a Servic.. Tex end will remit the Goods and
, Services Tex pavable directly t the approprIate taxing authority fOllowing
I, comp/ation of this transaction, \
.~ 4NNING ACT I
'113.', Tl'tís Agreement shall be effective I to cre.te. IIn interest in the Lands only jf the
, subdIvision control provi&ions elf thè Planning Act lire complied with by the Vendor
on or before closing. 1 .
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IRREVOCABILITY
14.1 This elfer shall be irrevocabie by the Vendor 'until 4:0Ópa A~st 15. 2003
Acceptance of this offer by resolution or bv-Iæw of the MunicipJ!/lity's
Council shall be good and sufficient acceptance.
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GENERAL.
15.1 Time shall be of the esserlce.
15.2 Any covene"t; of this Agreement not completed on or before the Closing Oate shall
survive the closing.
15.3 This Agreement constroutes the entire agreement between the parties and there is
no representation, warrantY. collateral agreement or condition effecting this
Agreement or the lands other than expressed herein.
'15.4 Any tender of documents or money under this Agreement may be made upon the
Vendor or Municipality, or their soJicitors.
1 5.5 The provisions of this Agreement shall extend to, bind and enure to the benefit of
the heirs, executors, edministrators. successors and assisns, as the case may be, of
each cf the parties.
15.6 This Agreement shall be construed In accorden~ wi~h the Jaws of the Province of
Ontario.
15.7 This AgreemsL'1.t shall be subject to the provisions of the Municipal Freedom of
Informarion ilnd Protection of Privacy Act.
15.8 Each of me parties shall promptly'do, meke, execute, deliver or cause to be done.
made, executed or delivered all suc~ further acts, documents and things as the
other party hereto may reesonablY require for the purpose of giving effect to this
Agreement whether before or after the Closing Date.
Upon eccèptance of tllìs offer by the Municipality, this shaH be a binding Agreement
of Purchase and Sele.
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~OTJCE
!1 e.1 Any notice under this Agreeme:'!t is sufficiently given if delivered personally or If
sent by ordinary prepaid mail or pr<epaid courier to the Municipe!1w at:
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The Corporatio!'1 of the Municipality of Kincerdlne
c/o White, DUncl!ln, Ostner & Limon LLP
P.O. Box 467, 45 Er~ Street East
WaterlQQ, Omario ,
N:2J 485 !
Attention: Steven O'Meiia
and to the Vendor at:
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Ray Murray
R.R. No. 2
TivertQn, Ontario
NOG 2TO
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11""141
THIS OFFER TO SELL is made by the Vendor this L day of ~, 2003.
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SPOUSAL CONSENT: The Und rsigned Spouse of t Vendor hereby consents to the
disposition B\/idenced herein pU~5uent to the provisions of the Family Law Act,
R.S.O. 1990 and hereby agrees with the MunicipalIty that he/she will execute all
r!ecessary or incidentsl documents to give full force and effect to the sale evidence
herein.
iN.me:
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Witness:
IS OFFER WAS ACCEPTED by resolution or by-law of the Municipality at Its meeting of
, 2003, as evidenced by the hends of its authorized signing officers which
. out below.
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THE CORPORATION OF THE
MUNICIPALITY OF KINCA DINE
Larry Krae Mayor
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n deRosenroll, CAO
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SCHEDULE flAil
. Offer to Sell
Part Lot 49
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\ PErt LΠ48
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o 30 MeIe/S
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SCHEDULE "B"
TO OFFER TO SELL
1.
The purchaser agrees to grant to the vendor an easement for persons
and vehicles over a portion of the lands agreed to be purchased herein.
The exact dimensions and location of the easement shall be agreed
upon between the parties hereto prior to closing.
2.
Notwithstanding anything herein contained, the purchaser agrees to
take title to the said lands subject to an existing easement over the north
40 feet for persons, animals and vehicles as described in Deed
instrument number 1 021 73 registered at the Registry Office in
Walkerton on March 8, 1973 currently in favour of Kolaska. The
purchaser acknowledges a receipt of a copy of instrument number
102173.