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HomeMy WebLinkAboutKIN 88 036 Cls/Stp/Sell/Park St \ THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1988-36 . '1'0 CLOSB, S'l'OP UP MID SBLL A PART OP 'l'BB PARK S'l'RBB'1' ROAD ALLOWARCB LYIHG SOUTH OP WBLLIRG'l'OH STREB'1' MID HOR'1'B OP SCOT'!' STREB'1' WHBRBAS Section 298 (1) of the Municipal Act, R.S.O. Chapter 302, as amended, permits the council of municipality to pass by-laws for stopping up, closing and highways; 1980, every selling ARD WHBRBAS it is deemed expedient in the interest of The Corporation of the Town of Kincardine, hereinafter referred to as the "Corporation·, that the road allowance set out and described in Schedule "A" attached hereto be closed and stopped up and the land sold; MID WHEREAS notice of this by-law has been published once a week for four consecutive weeks in the Kincardine News, a newspaper published in the Town of Kincardine; ARD WHBRBAS the Council of the said Corporation has heard in person or by its counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heard; HOW THBREPORE, the Council for The Corporation of the Town of Kincardine BRAC'l'S as follows: 1. The Council of The Corporation of the Town of Kincardine does hereby stop up and close to vehicular traffic, that part of the municipal road allowance lying and being more particularly described in Schedule "A" attached. 2. Council authorizes the sale of the road allowance described in Schedule "A" to the adjoining owner and fixes the price at which the road allowance is to be sold at $1.00 and fixes the period within which the abutting owner shall have the right to purchase that part of the said road allowance upon wh ich h is/her land abuts to be the per iod from the date of passage of this by-law to the 1st day of June, 1988. 3. If the adjoining owner exercises his/her right to purchase the lands described in schedule "A" within the period set out in paragraph 2 of this by-law, Council authorizes the sale of the lands described in Schedule ·A" to Ronald Boucher on the terms and conditions as set out in an Agreement of Purchase and Sale attached hereto as Schedule "B". 4. The mayor and clerk are hereby authorized to execute all documentation in connection with the closing and sale of the said lands. 5. There shall be attached to this by-law as Schedule "CO, the affidavit of Ronald R. Shaw, Clerk of The Corporation of the Town of Kincardine, setting out the procedures taken for publishing and posting of the said notices pursuant to the provisions of the Municipal Act. . 6. The Clerk of The Corporation of the Town of Kincardine is hereby authorized and instructed to register a copy of this by-law in the Registry Office of Bruce (NO.3) in Walkerton, Ontario. .. ./2 . . page 2 1988-36 READ a FIRST and SECOND time this 3rd day of May, 1988. Mayor READ a THIRD time and FINALLY PASSED this 19th day of 1988. Ma~... , .- . - . ~) --...-- " . . 1988-36 SCHEDULE "A" That certain parcel or tract of land lying, being and situate in the Town of Kincardine, in the County of Bruce and being composed of Part of Park Street, Townplot of Penetangore and being more particularly described as Part 1 of Reference Plan 3R-4360. -~ . . 1988-36 SCHEDULE "C· 1. I am the Clerk of The Corporation of the Town of Kincardine and as such have knowledge of the facts hereinafter deposed to. 2. I caused notice of a proposed by-law for stopping up, closing and selling a portion of the municipal road allowance lying south of Wellington Street and north of Scott Street to be published in dates: ( il (HI ( iiil (ivl the Kincardine News on the following April 27, 1988 May 4, 1988 May 11, 1988 May 18, 1988 3. Attached hereto as Exhibit "A" to this my affidavit is a copy of the actual Notice which was published in the Kincardine News on each of the above mentioned dates. 4. The proposed by-law came before Municipal Council on the 19th day of May, 1988 and no one appeared in person or by Counsel to make representation with respect to the proposed by-law. SWORN before me at the Town of Kincardine in the County of Bruce, this 20th day of May, 1988. ~ A Comm1ss10ner, etc. Deputy Clerk, Town of Kincardine I I I I I I I I I I I ) . . r EXHlBlT "A" c TOWN OF KINCARDINE ROAD CLOSING SWOKN before me at the , . THE PROPOSED STOPPING UP, CLOSING AND SELLING OF PART OF THE PARK STREET MUNICIPAL ALLOWANCE BETWEEN THE SCOTT STREET AND WELLINGTON STREET ROAD ALLOWANCES. NOTICE is hereby given pursuanllo Saction 301 of The Municipal ACI, A.S.O. 1980, Chapter 302 that th~ Council of The Corporation of the Town Of Kincardine proposes to pass a by-law to SlOp up, close and sell pan of the Park Street road allowance located south 01 Wellington Street and north of Scott Street. The parcel in question is approximately 33 feet by 50 feet consisting of an area of approximately 1,650 square teet. Tha proposed pian, by-law and da.criplion showing Ihe lands affecled may be viewed in the clwk's office at the Town Hall. 707 Queen Street. Kincardine. Ontario. On Thursday, May 19,1988 a17:30 p.m. in the Countil Chambers, Town Hall. 707 Queen Street, Kincardine, the Council of The Corporation of the Town of Kincardine will hear, in person, or by counsel, solicitor or agent. any person who claims his or her land will be pre- judicially affected by the said by~law and who applies to be heard. Any person who wishes to be heard. should, as soon as possible. make application to: Ronald A. Shaw ClerkaAdministrator Town of Kincardine 707 Queen Streel Kincardine I Ontario N2Z 1Z9 This is Exhibit "A" referred to in the affidavit of Ronald R. Shaw. Town of Kincardine in the County of ~ruce this 2Utn day of May, 19!!8. A Commissioner, etc. ueputy-Clerk, Town of Kincar"dine "'.-" " SCHEDULE "B" .............. ..... 011""'" Limited F....O (2115) I' " IIooWF_._ Q )ffrr tn 'UrdJUBt AGREEMENT OF PURCHASE AND SALE I/Wi '" ....Ronald. .Boucher................... .................... .............. ..........",............,........"., ........,...,.",.... .,....",............ ofth.... . T<:Ilrln .... 01. ...K..ÍJlç.ªJ::gJn~. .............,...-...................... (.. Purc.....,). having in.pected the propert,. hereb, .gr..toand wilh. ..'rhe.Ç.Qt"P9rat).9n9f ..t.h~. T.Qwn ..Qf...KinGar.din!1~ .~ (a. V.ndor) .hno..···,..~~..·....'..·..·b~in~ that portion of Park Street which hasA~n~~r:.~:~ 10 purchase All and Singul.r Ih. ~remise/_1e ...... ..~. JHt¡pt stopped up and wh1ch abuts Lot 23, Plan M-35 ilUDlt . ....... . ......... . ....... df.~ ~_JO h."intta I,onllg. of. .,.~º...:f~"".t. ...... .... monor I.... b,.d.plhol ..3~3 ...f!<1.!1.t..... . ..; ntor. or I.... being IliACHK. .~.~_.. ...........-..... ..., 1CI/ÆItII:ImI~IISQ:ØJeJ(orXbeJI\QGKW _«RIII!IUIlIllIldIltlld:: . ... -..... .......... (herein called 'he ··real property" J .lIh. pric. ol..77'.~~~-~~~--~~ONE~.--~~~.~.~.~~.~.~~~~.',..""~"'-~~.~.~"."'.~--~~~.~- Dolla.. .S 1.00 ) 01 h.wlul mono, 01 Canada. p.y.bl. ~h:UO ...-:~.::-::-.'::.-:-.-:.-:.-:.-:.-:.Q~E.-:.-:::-"..'::."..-:."..-:.".~.~~~.~.".- Doll... IS 1..PP to Ihe said ~Vendor on Ihls date as. deptKil to be held in lrust penclinl completion or other lerminalion or Ihis Agreement and 10 be cr.dile4 on account of the purchase pric. on closin..___ l. ,The Purchaser agrees to reimburse the Vendor for the costs of publishing not1ce of the proposed by-law to sell the real property pursuant to Section 301 of the Municipal Act, R.S.O. 1980, Chapter 302. The Purchaser's solicitor shall prepare the deed and by-law at the Purchaser's expense and the Purchaser shall pay the reasonable legal costs in connection with the road closing. This Offer shall be conditional upon the passage of the necessary by-law and in accordance with the provisions of the Municipal Act, failing which this Offer shall become null and void and the Purchaser's deposit shall be returned to him in full without interest or deduction. 2. The parties hereto acknowledge and agree that Schedule "A" hereto shall form a Dart of this Aareement. Tho V.ndor hpr...nl. tII.1 .. .1 1M dllle 01 IIcripltlnce ........1 tho Vendor .... not .....Ift<! lrom .ny municipal or olher .....mrì1.nl.1 ,ulhority any dellcl.ncy notice or wort order .!rectl... tho real pr-" punuanl 10 which .ny dellclencÏOl .re required to be remedied or any demollllon. repllln or reploce....ta .re reqal.... \U be carried out. Illbe V.ndo, rec.lves .n, lOCh d.llclenc, notice or wort. arder .lter lbe dal. of accoptllnc. ........f. lhe V.ndor .han forthwith produce U010 10 tho Purchase. for Inspection, If by lbe d.l. 01 cl05ln. Ih. Vendor h.. nol .llh.r (a) compiled with lOCh dellclenc, nollce or work order. or (b) sellled wilh the Porcha.er In, __Ion of .n abal....nl 01 Ih. purcha.. price .ri.in. oul 01 lOCh dolk:lency notice or work ord.r. lhe Purch..... m., II his opllon either (.) accept Ih. r.... property IUbj.ct 10 ouch deßcIoncy nollce or work ord.r or (b) terminal. Iblo A"......nl, In lbe eve'" al l.rmln.l.... u .I_kt, all moneys paid bereunder .hall be r.lurned \U Ihe Parch...r without inl...... or deduction.. Th. .pou.. al tho V.ndor .hall ......nllo Ihis Agroo01Ont, and .hall ''''00 10 conseat to tho InnsactioD evid.nced b, tho deed or Innsfer, T.nancy. ir.ny N/A The purchase price herein shall include the followinc. free and clear of encumbrances: All 'huure5. which shall remain uffixed 10 Ihe real properl" except the following fixture!l which Ift.y be rcmo"ed by the Vendor prior 10 closing: N/A ~ '!'h. fOllowing chulI.ls all 01 which a,e owned by the V.ndor: N / A )¡~ /"1«¡ l'hi.OIl.r sholl he irr.vocubl. by Ih. Purth.""r ualllll: 59 p.m, un lhe -&ttr day uI "1'..11 . 1988 ~a which lim.. If nol acc.pted. Ihl, Oller sh.1I be null .nd .aid .nd lhe doposil relu,ned 10 the Purch...r wilboul inter.st or d.duclion. '''ProVided lbe lill. I. lOUd and lree from .11 _umbnllCOl, 0_1 .. afor...Id. .nd eocept lac., ral... .nd except I. \U .oy ro.lst..... -"'" restrictions or COWinantl that nrn with the land prmldecl th.t iuch .re complied with, and 'Jeep' for any minor 'asentell" for hydro, las. lel.phuno or lito serviceo. Purch...r to aceept lbe ...1 property 1Ub eet 10 munlclp.1 .nd other _01Ontal requiromenls, includin. building .nd zooln. by·I..... re.ul.llons .nd orden, prOYided tho ..m. have ....n complied wllh. V.ndor ..roes la luthorl.. manlcipal and oth.r .....m.....taI .athoritlel \U role... anto lbe Porc'- or hlo ..Ilch... .ny inlorm'lion .... III. pertaloln. 10 lOCh roquirem....... Th. Purch...r 10 be .I;~ /unti~.§i\.Q¡¡¡~~<;¡¡'I. of acc:opl._ hereullo 1n...II..le Ih.litle al hll own .opense, .nd 10 uli." hl....lllhallhere II na breach uI monlclp.' or Olher .....mmental requirem.nta .!rectlng lbe real property. .nd Ihal 110 pr...nl use may be lawlully continued, II wilhln lbe Iim. .nowed lor ...minlng ti.... lbe Purcha..r .h.1I lumi.h lbe V.ndor In wrlling wllh .ny nlid objeclion to title, 01' to any breach Of munk:lpaI or other aovemmenta' requirements, or .1 to t~ 'act that the praent use ml)" not lawfun, be continued, which the Vendor shall be unable or "wmlnl to remon, remedy or satidy .nd which the P.n:haler _ill not wlln, this Alreem.nt Ihan, notwithstanding any Inl.rmodlale .cto or ..",,"110M, be nuD .nd void and tho d.posll _y rotu,nod \U lbe Porc.....r, wlthoul Inl._ or deducllo.. and tho V.ndor ,lid lbe Agonl sh.1I not be liable fur an, _ or d.m...., Save .. 10 .n, ..lid objection 10 ..ad. wIthJo ouch 11m.. lbe ~ .....1 be COIICI......ly deemed 10 h.ve aceeptod tho V.ndor·, 11110 10 the ,.. property. ......<>..,þ..: . THIS IS SCHEDULE "A" TO AN AGREEMENT OF PURCHASE AND SALE BETWEEN RONALD BOUCHER, AS PURCHASER, AND THE CORPORATION OF THE TOWN OF KINCARDINE, AS VENDOR. The parties have agreed as follows: 1. The Purchaser shall pay all survey and legal costs involved in arranging to transfer this land to him, in addition to the costs hereinbefore set out. 2. The Purchaser will provide an easement in registerable form to the Public Utilities Commission of the Town of Kincardine in terms satisfactory to the Commission for the purpose of maintaining a hydro corridor across the subject parcel. The Purchaser will also pay the Vendor's legal and survey costs with respect to the establishment and registration of this easement. The Purchaser will provide an easement in registerable form in terms satisfactory to the Town allowing continued municipal vehicle and pedestrian access across the subject ands and access as required by the Town, from time to time¡ for municipal purposes such as installation and [lIaintenance of services. 4. The deed shall contain a provision by which the property shall automatically revert to the Transferor in the event that the owner of the fee in Lot 23, plan M-35, Town of ~incardine, County of Bruce, and the owner of the fee in l.ot B, West side of Park Street, Town of Kincardine, County ~___ of_JI..r~.c_e shall cease to be one and the same. --~._-_._--_. ---.-..---.- . , ~~g and Gilbert, Limited ,o~I091 (10186) ~... .' Offer to Purchue ...... 2 The Purchaser shall not call for the produc:tion of any title d bs act, suryey or other evidence title except such as are in the possession or control of the Vendor. The Vendor agrees Ihal he w' any exi~Y' th ~r so soon a5 possible and prior to the last day allowed for examining title. <.JE!I..-r 4 This A.....menl shall be completed on or belorelhe k day 01 ~ ,1988 on whith date vacant possession of the real propert)' sha~1 be liven to the Purchaser unless otherwise provided for herein. Unlil compl.lion 01 sale all buildinll5 and equipment on the real properly shall be and remain allhe risk 01 th. V.ndor, and the Vendor .hold all policies of insurance ellected on the property and the proceed. thereof in trust for the parties hereto, as their inte~ts may appear. .. he event of damage to the said buildinp and equipment before the completion of this transaction, the Purchaser shall have the right to elect . ke .such proceeds and complete the purchase, or cancel this Agreement. whereupon the Purchaser shall be enûtled to the return. without eml or deduction, of all moneys lheretolore paid on accounl 01 Ihis purch.... Vendor _ 10 furnish Purchaser with copies of ..islin, fire illsurallCe policies within seven days 01 lhe date 01 acceptance hereol. Unearned fire insurunee premiums, fuel. taxe'l. inlerest. renluls. and ;111 local improvemenl and water rates and other charges for muni- cipnl improvements to he apportioned and allowed to the date of completion of sale (the day ilself 10 be apportioned to the Purchaser). Provided Purchaser maV clect not to accept assignment of fire insurance in which case no adjustment ror insurance premiums. The deed or transfer, save for Land Transfer Tax AflkIavit, to be prepared at the expense of the Vendor in a form acceptable to the Purchaser and if a mort.age or charge is to be given back. it shall be prepared at the expense of the Purchaser in a form acceptable to the Vendor. Provided that this Agreement shall be eWtctive only if the provisions of Section 49 of the Planning Act, as amended, are complied with. The deed or tranøfer 8ha11 contain the statem.ent of the Vendor and the Vendor'. 8olieltor referred to In section 49 (21a) of the Plea- nI.. Ad, 1983 as .....nded, The Vendor represents and warrants to the hrehaøer that the balld'..._ on the property have not been, and wm not be at tile Ute of eompletion, ilUJulated with area rormaldellyde r-.. insa1atlon. TItIø warranty øhaU sarvive the eompletloD of this tI'8.D8ad.lOD. The Vendor re~"" warranto _""eo_nt to t10Iø tnnøadIon Is required p_ to _on 21(1) ofth. Famßy Law Ad, 1988 .nless the Vendor's øpo.øe hu exeeated this epee.eat to CORsent thereto, and that t.e 'I'ransIerlDeed shall contain a statement by Ute Vendor as reqaired by .abseetion (3) of øeet10D 21 or the spoue of the Vendor shall exeeate the Transfer/Deed 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 tIw. meaning of Section 116 of the Income Tax Act, or, in the allernative, evidence that the provisions of said Section 116 reprding disposition of property by a non-resident person have been complied with at or before closinl. This OWer. when accepted. shall constitute a bindinl contract of purchase and sale, and time in all respecls shall be of the essence of this Agreement. It is agreed Ihat there is no representation. warranly. collateral agreement or condition affec:tins this Aareement or the real property or supported hereby other than as expressed herein in writing. Any lender of documents or money hereunder "may he made upon the Vendor or Purchaser or upon the solkitor acting fOI the party on whom tender is desired. and it shall be sufficient Ihat a cheque cerlified by a ch~rtered bank or trust company be tendered instead of cash. Each par·v to pay the costs of registralion and taxes on his own documents. This Offer and ils acceptance to be read with all changes of gender or number required by the context. DATED al Kincardine Ihis .Jk/ day 01 ~~- --7 1988, IN WITNESS WHEREOF SIGNED, SEALED AND DELIVERED I have hereunlo set my hand . ~ f}Íon . (Affi. Seal) In the presence of: ~ Purchaser f Affi. Seall KWe, hereby accept the õtbove offer. and covenanl. promise and agree to and wilh the above-named Purchaser 10 duly carry out Ihe same on lhe terms and condilions above mentioned. and we hereby accept lhe deposit of S 1. 00 JtQtJt60lbkktbKHJßt ~J¡~~R~xxxxxx~xxxxxxftB~~R'¡~ft'3t~!tft'Jf>l'si~~ JIQ[aÖk:Jl oI'li1nllll\ I~lIlxtmœ9t__lDllllltdx . MfOtk XìHi1lllhttih1J~~~H:KiII~·¡·J1WIM.IUØ"'H~Wdi"'. /(, r"-' day 01 .¥ IIMK~JUHH _.I!I .TED at Kincardine IN WITNESS WHEREOF We SIGNED, SEALED AND DELIVERED Ihis /7( 1988. hive hereunlo set our hand s and seal. In the presencé of: THE CORPORATION OF THE ~~ " or ~~,~~~t~A.RDINE "- .. ~~ ' ~.. , (Alii. Seal) :...:.' - ~:. -J'.' ,,,,,.....!,,. .. !.~. áAffi. Seall - --~ ~~j ~ ~~w:~':.. ~_~:~ ~.~..~'.~,'