HomeMy WebLinkAboutKIN 96 068 Sale/Land -Mary Rose
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1996-68
A BY-LAW TO AUTHORIZE THE SALE OF LAND TO MARY L. ROSE.
WHEREAS Mary L. Rose wishes to purchase from the Town of
Kincardine part of Goderich Street and Part of the Railway
Reserve, in the Town of Kincardine, in the County of Bruce and
being more particularly described as Parts 10 and 11 of plan
3R-6519;
AND WHEREAS a portion of the said lands consist of part of the
Goderich Street road allowance;
AND WHEREAS the said portion of Goderich Street has been closed
and stopped up by By-Law No. 1996-56 pursuant to Section 301
of the Municipal Act, R.S.O. 1990, Chapter M.45;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1.
The mayor
documents
described
Rose.
clerk are hereby authorized to execute such
they may deem advisable to convey the lands
Schedule "A" attached hereto to Mary L.
and
as
on
2.
The purchase price for the said lands shall be TWENTY-ONE
THOUSAND FIVE HUNDRED DOLLARS ($21,500.00).
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Land Sale to Rose
By-Law" .
READ a FIRST and SECOND time this 19th day of September, 1996.
READ a THIRD time and FINALLY PASSED this 19th day of September,
1996 .
~~/....~
/' May r Clerk
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SCHEDULE nAn
All and singular that certain parcel or tract of land lying,
being and situate in the Town of Kincardine, County of Bruce,
and described as Part of Goderich Street, Townplot of
penetangore and Part of the "Railway Reserve", and more
particularly described as Part 10 and Part 11 of Reference
Plan 3R-6519.
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This AGREEMENT made in TRIPLICATE this 19th day of September,
1996;
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part.
-and-
MARY L. ROSE
hereinafter called the "Purchaser"
of the Second Part.
THIS AGREEMENT WITNESSES that the Purchaser shall purc~ase
from the Town, free from encumbrances, the land and prem~ses
part of Goderich Street and Part of the Railway Reserve, in
the Town of Kincardine, in the County of Bruce and being more
particularly described as Parts 10 and 11 of Plan 3R-6519 on
the sketch annexed hereto as Schedule "A" (hereinafter called
the "real property") on the terms and conditions set out
below:
L
The purchase price
of TWENTY-ONE
($21,500.00).
of the real property shall be the sum
THOUSAND FIVE HUNDRED DOLLARS
2.
The purchase
adjustments,
completion.
price shall be paid, subject to the usual
by cash or certified cheque on the date of
3. The sale shall be completed on September 30th, 1996.
4. Vacant possession of the property shall be given to the
Purchaser on the date of completion.
5. The title shall be good and free from all encumbrances,
save and except for:
(i)
(ii)
local rates;
any registered restrictions or covenants that run
with the land provided that such are complied
with;
(iii) any registered agreements with a municipality or
a supplier of utility service including, without
limitation, electricity, water, sewage, gas,
telephone, or cable television or other
telecommunication service, providing such have
been complied with or security has been posted to
ensure compliance and completion as evidenced by
letter from relevant municipality or utility
supplier; and
(iv)
utility
adjacent
any minor
service to
properties.
easements for the supply
the real property or
of
to
The Purchaser shall accept the real property subject to
municipal and other governmental requirements, including
building and zoning by-laws, regulations and orders.
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Page 2
The Purchaser is to be allowed to the date of completion
to investigate the title at its own expense. If within
the time allowed for examining title, the Purchaser
supplies the Town, in writing, with any valid objection
to title, which the Town is unable or unwilling to
remove, remedy or satisfy and which the Purchaser will
not waive, this Agreement shall, notwithstanding any
intermediate acts or negotiations, be null and void and
the Town shall not be liable for any costs or damages.
Save as to any valid objection so made within such time,
the Purchaser shall be conclusively deemed to have
accepted the Town's title to the real property.
7. The Purchaser shall not call for the production of any
title deed, abstract, surveyor other evidence of title
except such as are in the possession or control of the
Town. The Town agrees that any existing survey shall be
delivered to the Purchaser as soon as possible and prior
to the last day allowed for examining title.
6.
8. The Deed or Transfer, save for the Land Transfer Tax
Affidavit, to be prepared at the expense of the Town in
a form acceptable to the Purchaser.
9.
The Town shall produce evidence that it will not be, at
the time of closing, a non-resident of Canada within the
meaning of section 116 of the Income Tax Act, or, in the
alternative, evidence that the provisions of said
Section 116 regarding disposition of property by a
non-resident person have been complied with at or before
closing.
10. Any tender of documents or money hereunder may be made
upon the Town or Purchaser or upon the solicitor acting
for the party on whom tender is desired, and it shall be
sufficient that a cheque certified by a chartered bank
or trust company be tendered instead of cash.
This agreement shall be effective only
of Section 50 of the Planning Act,
complied with.
12. This agreement shall constitute a binding contract of
purchase and sale.
11.
if the provisions
as amended, are
13. Time in all respects shall be of the essence of this
agreement.
14. This agreement shall enure to the benefit of and shall
be binding upon the respective heirs, executors,
administrators and assigns of the parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals.
SIGHED, SEALED and DELIVERED
in the presence of
THE CORPORATION OF THE TOWN
OF KINCARDINE
,~~~'~'
~r - Charles W. Mann "
per 77~~J'/
Clerk - Maureen A.Couture, '_
- ,
MARY L. ROSE
(Z . .~ Lh~
Witness \. '-
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Mary R e
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PLAN 3R-t5J'f
REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE REGISTRY
ACT.
RECEIVED AND DEPOSITED
DATE
J "~~ < 1'1"
. JOHN C. WOOD
0NTARIO lAND SURVEYOR
_ __JJ'r fl.£Ovp
0-,,· LAND REGISTRAR FOR THE
REGISTRY DIVISION OF BRUCE NO.3
CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION
WITHIN THE MEANING OF THE PLANNING ACT
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