HomeMy WebLinkAboutKIN 93 029 Purchas-Wilson Lt 12
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1993-29
A BY-LAW TO AUTHORIZE THE SALE OF LANDS TO DONNA WILSON
WHEREAS The Corporation of the Town of Kincardine and
Donna Wilson have entered into an agreement of Purchase and
Sale for the sale of part of Lot 12, WIS Huron Terrace,
original Plan of Penetangore, in the Town of Kincardine;
AND WHEREAS Kincardine Town Council deems it expedient to
sell these lands;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute such
documents as they may deem advisable to sell such lands
to Donna Wilson in accordance with the Agreement of
Purchase and Sale dated the 29th day of April, 1993 and
to affix the corporate seal to such documents.
2. The lands referred to consist of part of Lot 12, WIS
Huron Terrace, original Plan of Penetangore, in the Town
of Kincardine.
3. The sale price for the said land shall be $7,500.
4.
This
its
upon
by-law shall come into full force and effect
final passage.
5. This by-law may be cited as the "Wilson Purchase of Part
of Lot 12, Huron Terrace By-law".
READ a FIRST and SECOND time this 6th day of May, 1993.
READ a THIRD time and FINALLY PASSED this 20th day of May, 1993.
~~/
Mayor
if;^ Ñe~d Gilbert
Form LFI090 (2/8S)
~
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Q )ffrr tn ¡turrl1aør
AGREEMENT OF PURCHASE AND SALE
IIKtX
DONNA A.... .WILSON
of the.
Town
.of
.. Kincardine
(a.. Purchaser), having inspected the property. hereby
agree to and with
THE CORPORATION OF THE TOWN OF KINCARDINE
(as Vendor)
_OUgh . no
urchase All and Singular the premises on the
Town
Agent for Vendor
West
side of
Huron Terrace
in the
of
Kincardine
'i.~M~1'
containing 0.48 acres
having: a
frontage of
25
feet
shown
more or Jess, bya depth of ~.~regu¡,ar nfore or less. being
outlined in red on the sketch attached hereto
part
Lot No.
as
12 I
according to Plan No.
.... registered in the land Registry Office (or the Registry/
l¡¡'~~roivis¡on of Bruce No. 3at Walkerton
(herein c<llIed the ·'real prarcrl)''')
al 'he price of SEVEN THOUSAND , FIVE HUNDRED~-------~~--------_ DolI.rs ($ 7,500.00
of ¡"wIlli money of ('"nada, payable '''h'sh .. One Hundred.-------------------- Dollars ($ 100.00
ç eque
to the sõlid1qfdl"Vendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement and 10 be credited
on account of (he purchase price on closing., and agree to pay the balance
on closing by cash or
certified cheque, subject to usual adjustments.
The Purchaser agrees to pay for the cost of a survey of the subject property.
The parties hereto covenant and agree to enter into an encroachment agreement
in the form annexed hereto as Schedule "B" prior to the completion of the
transaction of purchase and sale.
The Vendor represents that as at the date of acceptance hereof the Vendor has not received from any municipal or other governmental
authority any deficiency notice or work order affecting the real property pursuant to which any deficiencies are required to be remedied or
any demolition, repairs or replacements are required to be carried out. If the Vendor receives any such deficiency notice or work order after
the date of acceptance hereof, the Vendor shall forthwith produce same to the Purchaser for inspection. If by the date of closing the Vendor has
not either (a) complied with such deficiency notice or work order, or (b) settled with the Purchaser any question of an abatement of the
purchase price arising out of such deficiency notice or work order. the Purchaser may at his option either (a) accept the real property subjeèt
to such deficiency notice or work order or (b) terminate this Agreement. In the event of termination as aforesaid, all moneys paid hereunder
"hall be returned to the Purchaser without interest or deductions.
The spouse of the Vendor shall consent to this Agreement, and shall agree to consent to the transaction evidenced by the deed or transfer.
Tenancy. H any
N/A
The J'lurchase price herein shall include Ihe following, free and clear of encumbrances:
All fixtures, which shall remain rlffixed 10 Ihe real properly. except Ihe following fixlUres which may be removetl by the Ventlor prior to
closing: N/A
The following chutlels 1111 of which are owned by the Vendor: N/A
"
',-
This Offer shall be irrevocable by the Purchaser uOlil 11: 59 p.m. on the 7 t h day of May, 19 93
~' .., her which lime. if nol accepted. (his Offer shall he null and void and the deposil returned to Ihe Purchaser without interest or deduction.
~. Provided the title is good and free from all encumbrances. except as aforesaid, and except local rates. aod except as to any registered
'ctions or covenants that ron with the land provided that such are complied with, and except for any minor easements for hydro. gas,
telephone or like services. Purchaser to accept the real property subject to municipal and other governmental requirements, including building
and zoning by·laws, regulations and orders, provided the same have been complied with. Vendor agrees to authorize municipal and other
governmental authorities to release unlO the Purchaser or his solicitor any informalion on ftIe pertaining to such requirements.
until closinq
The Purchaser 10 be aHowed / di~WëKðlM:6f{~iClVe~o investigate the title at his own expense, and to satisfy
himself that there is no breach of municipal or other governmental requirements affecting Ihe real property, and that its present use may be
lawfully continued. If within Ihe time allowed for examining title, the Purchaser shall furnish the Vendor in writi~g with any valid objection
to title, or to any breach of municipal or other governmental requirements, or as 10 the fact that the present use ma}r-noUawfully be continued,
which the Vendor shall be unable or UDwilling to remove, remedy or satisfy and which the Purchaser will not waive, this Agreement shall,
notwithstanding Bny intermediate acts or negotiations, be null ond void and the deposit money returned to the Purchaser, without interest or
deductions and the Vendor and the Agent 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 Vendor's title to the real property.
~~~, f'
Newsome and Gilbert
Form LFI091 (10/86)
.~
Offer to Purchase
"ge 2
....
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 Vendor. The Vendor agrees that he will deliver any existing survey 10 the Purchaser so soon as possible and prior
to the last day allowed for examining tille.
This Agreement shan be completed on or before the 14 th day of June,
possession of the real property shall be given to the Purchaser unless otherwise provided for herein.
, 19 93 on whièh date vacant
Until completion of sale all buildings and equipment on the real property shall be and remain at the risk of the Vendor, and the Vendor
will hold all policies of insurance effected on the property and the proceeds thereof in trust for the parties hereto, as their interests may appear.
.- the event of damage to the said buildings and equipment before the completion of this transaction, the Purchaser shall have the right to elect
_ such proceeds and complete the purchase, or cancel this Agreement. whereupoD the Purchaser shalt be entitled to the return, without
st or deduction, of all moneys theretofore paid on account of this purchase. Vendor agrees to furnish Purchaser with copies of existing fire
urance policies within seven days of the date of acceptance hereof.
Uncurncd fire insunmce premiums, fuel. laxe5, interest. rentôlls, and "II local improvement and water rates and other chnrges for muni·
cipal improvements to be apportioned and "lIowed to the date of completion of sale (the day itself to be apportioned to the Purchôlser).
Provided Purchnscr may clect not (0 accept assiSnment of firc insllrunce in which case no adjustmcnt -for insurance premiums.
The deed or transfer, save for Land Transfer Tax Affidavit, to be prepared at the expense of the Vendor in a form acceptable to the Purchaser
and if a mortgage or charge is to be given back, it shan be prepared at the expense of the Purchaser in a- form acceptable to the Vendor.
Provided that this Agreement shall be effective only if the provisions of Section49 of the Planning Act, as amended, are complied with.
The deed or transfer shall contain the statement of the Vendor and the Vendor's solicitor referred to in sedlon 49 (2la) of the Plan-
ning Act, 1983 as amended.
The Vendor represents and warrants to the Purchaser that the buildings on the property have not been, and wUJ not be at the date
of completion. insulated with urea forntaldebycle foam Insulation. This warranty shall survive the completion of this transaction.
The Vendor represents and warrantø that no eonøeDt to this transaction is required pursuant to section 21(1) of the Family Law Act, 1986
unless the Vendor's sponse has executed this agreement to consent thereto, and that the TransferlDeed IIhalJ. contain a statement by the
Vendor as required by subsection (3) of section 21 or the spouse of the Vendor shall execute the TransferlDeed to consent thereto.
Vendor further agrees to produce evidence that he is not now and that on closing he will not be 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 J 16 regarding disposition
of property by a non-resident person have been complied with at or before closing.
This Offer. when accepted. shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this
Agreement.
It is agreed Ihat there is no representation. warranty. collateral agreement or condition affecting this Agreement or the real property or
supported hereby other than as expressed herein in wrir¡ng.
Any tender of documents or money hereunder may he made upon the Vendor or Purchaser or upon the solicitor acting for the pari)' on
whom tender is desired, and it shall be sufficient that a cheque certified by a ch&rlered bank or trust company be tendered instead of cash.
Eachparty to pay the costs of registration and taxes on his own documents.
Thi~ Offer and ils acceptance to be read with all changes of gender or number required by the context.
DATED at Kincardine,
this
d'9'~
day of
~
1993.
IN WITNESS WHEREOF
I
have hereunlo set my
hand
and seal.
SIGNED, SEALED AND DELIVERED
In the presence of:
,¡} .. ¿J~/ ,J .
~............~.........(
Purchaser Donna A. Wlison
(Allix Seal)
The Corporation of the Town 0 Kincardine
/ 'I~ hereby accept the .¡hove orrer. and covenant. promise and agree to and with the 'ihove.named Purchaser to duly carry oul the ~ame
on the (erms and conditions above mentioned, and hereby accept Ihe deposil of SOD. 0 0 ~~k"M!kMflIX
XI(è\(e1 9!~J(K1eioxxxxxxxJl!WriIÍ~xxxxxxR'X~o,et~~ Jf< CIxXlXllœ<aòIM(XUDlÔJÐXd:HJeJPJi<X~>ÌQ{I
X~¡¡iII9Iì¡ç~<XiJId! JCOO"P OIcclx
Purchaser
XXKIIIJr.
~Q("'KaOIt_Imt_IOJtIb (K_loKl6'idIa1ccclJb (lbIt-.xJr.._J{
~iIi"PC~~,*1'Ii6R~~¡Cil\~
DATED", Kincardine
t' the
IN WITNESS WHEREOF I
its
GNED, SEALED AND DELIVERED
In the presence of:
this d"y of 1993.
corporate seal fo the vendor has been hereto affixed by
hne>lna1aJalOxetxxxXX_XXlii~"·"· .:-- ."
proper ficers in that b~~:i('_'~:_ _ '.
THE CORP9RA~~~'--THE T- N.O.¥.
~~~ ':;.'
""yor ~,..
c~';.~._.~
"""",.,,'p:=.-.': .~~..~~.
DINE
(Allix Sea¡)
(Affix Seal)
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