HomeMy WebLinkAbout08 179 Kincardine Ave. Land Sale By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 179
BEING A BY-LAW TO AUTHORIZE THE SALE OF PROPERTY
(Block A, 3M-98 Municipality of Kincardine, [geographic Town of Kincardine]
County of Bruce)
WHEREAS Section 270 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality shall adopt and maintain policies with
respect to the sale and other disposition of land;
AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Municipality of Kincardine has declared surplus to its needs
that property described as Block A, 3M-98, Municipality of Kincardine (geographic
Town of Kincardine), County of Bruce;
AND WHEREAS an appraisal was completed by the Municipality of Kincardine on
November yth, 2007;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to dispose of the aforementioned property;
AND WHEREAS the Municipality of Kincardine has received offers to purchase
the aforementioned property, in the amount of $20,000.00;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO be authorized and directed to execute such
documents, on behalf of The Corporation of the Municipality of Kincardine
as they may deem advisable, to convey that property described as Block A,
3M-98, Municipality of Kincardine (geographic Town of Kincardine), County
of Bruce, and to affix the corporate seal of the Municipality of Kincardine.
2. The sale price for the said property be Twenty Thousand Dollars
($20,000.00).
3.
That this transaction is subject to the conditions set out in the Agreement of
Purchase and Sale attached hereto as Schedule 'A' and that fifty percent
(50%) of the net proceeds from this sale shall be credited to the Kincardine
Economic Development Fund and fifty percent (50%) of the net proceeds
from this sale be credited to the Municipality of Kincardine Capital Reserve
Fund.
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Kincardine Ave Land Sale By-law
By-law No. 2008 - 179
4.
This by-law shall come into full force and effect upon its final passage.
5.
This by-law may be cited as the "Kincardine Ave Land Sale By-law".
READ a FIRST, and SECOND time this 5th day of November, 2008.
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Clerk
READ a THIRD time and FINALLY PASSED this 5th day of November, 2008.
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Sc.~e.clu'e A
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(Just South Of Kincardine Avenue)
Roll # 41 08220001 00935
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. 01/.8/2008 18:51
4166980052
MEAT CONSULTANTS INT
PAGE 01
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OFFER TO PURCHASE
BETWEEN:
BUYERS: (I) Guy Anderson (Owner Part Block R, 3M-98, Roll #410822000100720)
(2) Castlebridge Developments Inc. (Owners of Stonehaven Development
Lots on McCullough Cres, Lots 119-129, 3M-98)
(3) 2068140 Ontario Ltd., c/o David Brown
(Owners of Park Lot 8, Roll #410022000100701)
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-Mc;at 90n~ultants lr\temationalJnc., c/o David Brown
(Owners ofBlockQ, 3M-9R, RoU #410822000100710)
SELLER: Municipality of Kincardine
LEGAL DESCRIPTION OF LANDS:
Block A, 3M-9R, Town of Kincardine, County of Broce, being approximately 9.312 acres
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The Buyers jointly agree to purchase and tile Seller agrees to sell, the lands described above on
tile following terms and conditions: t MLf
1) PRICE - Twenty Thousand Dollars ($20,000.00) CJ.:a
2) CLOSING OA TE - Thirty _ (30) full_, =~~ of" """'itio~ ~~
3) SURVEY - Municipality to provide survey/reference plan of Block A. severed into~~~'( I
parcels as outlined on Schedule A j rl ~r0\LI;;:""" .1-0 r'c'~ t' osJs. i).{: <;;Lf~ c\"<l (e'l'" .
4-) DEEDS - Municipality agrees te PJovide-Threc (3}'deeds,.in registerable form, to the Three
(3) Buyers for the respective parcels adjacent to the Three Buyers' lands; as per tile Buyers'
instroctions
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5) EASEMENT - Municipality shall retain easement rights over the property
CONDITIONS:
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This offer is subject to tile following conditions for a period of One Hundred and Eighty (180)
Days following acceptance by all parties, failing which this offer shall become null and void.
I) Municipality completing the severances at the Municipality's expense and preparing deeds
for the respective Buyers; " () c:r:J
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01/18/2008 18:51
4166980052
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MEAT CONSULTANTS INT
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3) MlIl1icipality o1;rtaining by-law approval of the Municipal Council for the sale of the subject
lands.
SCHEDULE "A" forms part of1his offer.
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Witness
f January, 2008.
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By -A o for:
C ebridse Developments Inc.
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Buyer ~ AlSO for:
Castlebri~ge Developments Inc.
. Dated at Toronto, Ontario, this JJ.... day of JanUary, 2008
Dated at Kincardine. Ontario, this _ day of February, 2008
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Seller - ABO for:
Municipality of Kincardine
Witness
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Buyer - AlSO for:
2068140 Ontario Ltd.
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Buyer - AlSO for:
Meat Con$ultants Tnterrrntionallnc.
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