HomeMy WebLinkAboutKIN 89 074 Agree - M.T.O
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1989-74
BEING A BY-LAW TO PURCHASE A PARCEL OF LAND
FROM HER MAJESTY THE QUEEN IN THE RIGHT OF THE
PROVINCE OF ONTARIO REPRESENTED BY THE MINISTER OF
TRANSPORTATION FOR THE PROVINCE OF ONTARIO
WHEREAS 'l'he Corporation of the Town of Kincardine is interested
in buying the lands hereinafter described;
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 tne
Offer to Purhcase attached as Schedule "A" with Her Majesty
the Queen in the right of the Province of Ontario
represented by the Minister of Transportation for the
Province of Ontario and to further execute such other
documents as they may deem adviseable to fulfill the said
Offer to Purchase.
2.
The lands referred to
Huron Road and Part
Avenue being Part 1
Kincardine, County of
consist of Part of Park Lot 7, west of
of Park Lot 2, south of Kincardine
of Reference Plan 3R-4529, Town of
Bruce.
3. The purchase price of said land shall be Sixteen Thousand,
Nine Hundred and Thirty-five Dollars ($16,935.00)
READ a FIRST and SECOND time this 15th day of June, 1989.
~zæ/iI Qf~yU
Mayor
~~fk-
READ a THIRD time and FINALLY PASSED this 15th
1989.
day of June
dvJtI !Jfd#Æ
Mayor
...._--
C rk
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Ontario
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SCHEDULE "A"
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Ministry of
Transportation and
Communications
L-04113
87-32-835
21
5
S/W
P-2337-73
File No.
W.O. No.
Hwy. No.
District
Region
P-Plan No.
OFFER TO PURCHASE - SURPLUS LANDS
I/WE
The Corporation of the Town of Kincardine
Town Hall
707 Queen Street
Kincardine, Ontario
( address)
N2Z 1Z9
The undersigned, hereinafter called the Purchaser, being of the full age of
eighteen years and having inspected the property hereby offer and agree with
HER MAJESTY THE QUEEN in the right of the Province of ontario represented by
the Minister of Transportation for the Province of Ontario, hereinafter
referred to as the Vendor, to purchase the property hereinafter described,
which is adjacent to the lands now owned by me (us), subject to the terms and
conditions hereinafter set out.
IN THE Town of Kincardine
(City, Borough, Town, Township, etc.)
in the County of Bruce
(County, District, Regional or District Municipality)
being in Part of Park Lot 7, West of Huron Road and
Part of Park Lot 2, South of Kincardine Avenue
(Lot, Block, Concession or Registered Plan)
shown as Part 1
on Ministry Plan P- 2337-73
deposited
(deposited or recorded)
in the Land Registry Office as
Plan 3R-4529
for the smn of
Sixteen Thousand, Nine Hundred and Thirty Five
($16,935.00) Dollars
said monies to be paid by certified cheque made payable to The Treasurer of
Ontario on or before the date of closing.
It is understood and agreed that the date of closing shall be sixty (60) days
after the purchaser(s) has/have received notice in writing that the Vendor has
accepted this offer.
Time shall be of the essence.
Possession of the property to be given on closing and the Purchaser shall
assume all the risks and responsibilities in connection therewith.
It is understood and agreed that this sale is subject to the following
condition(s) which, at the option of the Ministry of Transportation, may be
included as a covenant in the conveyance.
1. The Purchaser hereby acknowledges that he is purchasing this property
subject to all rules, regulations, directions or restrictions imposed by
statute or municipal by-law or otherwise, governing the use of the subject
property, and he hereby assumes all of the obligations and risks associated
therewith.
®
Ontario
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Ministry of
Transportation and
Communications
2.
The Vendor gives no warranty concerning the
as to the purpose for which it may be used.
said lands by one deed.
condition of the property nor
The Vendor will convey the
3. The Purchaser is to be allowed 15 days from date of acceptance to examine
the title at his, (her, their, its) own expense. If within that time any
valid objection to title is made by the Purchaser which the Vendor is
unable or unwilling to remove and which the Purchaser will not waive, this
Agreement shall be null and void.
4. It is understood and agreed that the following condition shall not merge
with the conveyance on the closing of this transaction.
The parties agree that the subject lands are being sold to the corporation
of the Town of Kincardine at the market value rate of $33,607.00 per acre.
If the Corporation of the Town of Kincardine enters into a subsequent
binding agreement of purchase and sale for all or any part of the subject
lands at a rate in excess of $33,607.00 per acre prior to July 1, 1994, the
Corporation of the Town of Kincardine shall forthwith pay to the Ministry
the difference between the per acre price in the subsequent agreement and
$33,607.00 per acre, multiplied by the number of acres sold.
5. The grant in the deed will be qualified as being subject to a restrictive
covenant.
6. There will be a covenant in the deed stating:
"TO THE INTENT that the burden of the covenant hereinafter set
out shall run with the hereinbefore described lands and be
annexed to the whole and to each and every part of the said
lands, the Transferee hereby covenants and agrees with the
Transferor as follows:
the subject lands are being sold to the Corporation of the Town
of Kincardine at the market value rate of $33,607.00 per acre.
If the Corporation of the Town of Kincardine enters into a
subsequent binding agreement of purchase and sale for all or any
part of the subject lands at a rate in excess of $33,607.00 per
acre prior to July 1, 1994, the Corporation of the Town of
Kincardine shall forthwith pay the Ministry the difference
between the per acre price in the subsequent agreement and
$33,607.00 per acre, multiplied by the number of acres sold."
7. The purchaser agrees to execute the deed.
I/WE hereby undertake to obtain consent from any mortgagees holding a mortgage
on the adjacent property now owned by me (us) to any conveyance which the
Ministry of Transportation may deliver to me (us), and if requested by such
mortgagee, will give to him a new mortgage on my property which will include
the lands being acquired from the Ministry of Transportation.
Dated at
Kincardine this
15th
June
1989
day of
Witness:
,¡J ¡j QÆ-IÎ
ÆJ!hU/ l1ZtYÞP\-
(Seal)
Purchaser:
Date of Birth
"Mélyor"
~~::.u
May/534