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Home My WebLink AboutKIN 87 015 Sale/Ld -Sharfenburg . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1987-15 TO CLOSE, STOP UP AND SELL THE MUNICIPAL ROAD ALLOWANCE BETWEEN PART OF PARK LOT 5, WEST SIDE OF PARK STREET, AND LOT L, PLAN 160, SOUTH SIDE OF RUSSELL STREET WHEREAS Section 298(1) of Chapter 302, as amended, municipality to pass by-laws highwaysf the Municipal permits the for stopping up, Act, R.S.O., 1980, council of every closing and selling AND WHEREAS it is deemed expedient in the interest of the corporation of the Town of Kincardine, hereinafter referred to as the Corporation, that the original unopened road allowance set out and described in Schedule "A" attached hereto be closed and stopped up and the land sold to the adjoining landownersf AND 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 Kincardinef AND WHEREAS the Council of the said corporation has heard in person or by his/her counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heardf NOW THEREFORE, the Council of the Corporation of the Town of Kincardine ENACTS as follows: 1. The Council of the Corporation of the Town of Kincardine does hereby stop up and close to vehicular and pedestrian traffic, that part of the municipal road allowance between part of Park Lot 5, West side of Park Street, and Lot L, Plan 160, in the Town of Kincardine, more particularly described in Schedule "A" attached. 2. Council authorizes the sale of in Schedule "A" to Roland Scharfenberg on the terms and an Agreement of Purchase and Schedule "B". the said lands described Scharfenberg and Lynn conditions as set out in Sale attached hereto as 3. The mayor and the clerk execute all documentation closing and sale of the said are hereby authorized to in connection with the lands. 4. 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. 5 . 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. . . Page 2 1987-15 READ a FIRST and SECOND time this 5th day of February, 1987. d~./~ z----- Mayor READ a THIRD time 1987. and FINALLY PASSED this 19th day'._ o.f: Pebruary, ...---.. ~~ Mayor ./?'~----_. / ( ( "- '-'Çlerk _ .' _0.- . -~_u:~~~~~ -- . . 1987-15 SCHEDULE "A" Part of the Lane shown on Plan 160, Town of Kincardine, County of Bruce, now designated as Part 3 on Reference Plan 3R-3994 . . SCHEDULE "CO AFFIDAVIT OF RONALD R. SHAW 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 the municipal road allowance between part of Park Lot 5, West side of Park street, and Lot L, Plan 160, South side of Russell Street to be published in the Kincardine News on the following dates: (i) January 7, 1987; ( ii) January 14, 1987, (iii) January 21, 1987, (iv) January 28, 1987. 3. Attached hereto as Exhibit "A" to this my Affidavit is a copy of the actual Notice which was published in the Kincardine News of each of the above mentioned dates. 4. The proposed by-law came before Municipal Council on the 5th day of February, 1987 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 19th day of February ) ) , 1987. ~t~ Deputy Clerk A Commissioner, etc. -"-- . " " " ':\~ ... ~. ,i;.,. " ':~. '",. : ',': : ~~þ;} '" '.(~:.'\ ';~,~, ;',~. '-"."..' .,~'~:~,'..,",,' ",(I' :~"... " ;:' ,¡h' , ".j .," :~'.' , t-,; ,.' . ,~',_ f ;'. . THIS IS EXHIa:1T' "An REFERRED TQ' .1";;', " , " .,;¡"~i IN THE AFFIDAV,I,'T OF RONALD~~',' SH,:,"".:','" ',' "', " x::-,~ " ,'::, ',",,',, SWORN BEFORE ,J:I,I!i THIS 19th DOr;"i' ~~./'" FebrJ!F)í ":',~: 1987. ' :' ,:/, " ,': ,'~ -4JL{/1/~~/~1 J . , '~i>·:. ; ..., . '-,' ",', ,i::? A COMMISSIONER; ETC. ' ',' ...:.::...~... -' . "1 ,¡ '. ..", " .,.,\:' TOWN OF KINCARDINE! THE PROPOSED SlOPPING UP, CLOSING AND SELLING OF MUNICIPAL ROAD ALLOWANCE BETWEEN PART OF PARK LOT 5, WEST SIDE OF PARK STREET AND LOT L, PLAN 160, SOUTH SIDE Of RUSSELL STREET. ' NOTICr I. her.lt)' 0."." pUfluant tø ) Section 301 0' The Municipal Act. R.S.O. .,1 1980. Chap'er 302 thot the Council of The Corpol'"atlon of the Town of Klncor· "'n. pI'"Opo... 10 pa.. a Ity-Iaw to .top up. do,e and ..11 0 rood ollowon<. loc..... It.tw.en Part of Pork Lot s. we.t .1". a' Pork- Str.et and Lot L, .eef".re" Plan 160. South .Ide of Ru..ell Street In the Town of Klncar. dine and Itelng more parllculorly d..c,'bed a. Par' 3 on R.f.rence Plan 3R·3994. The panel In qu..tlon I.op.. proxlmat.'y 10 mett.. It., 100.1' me'"., con.,.tlng of an area of apptoKa . Irnalely 100..5 'quare met,... The propo.ed plan. bV-law. and ".,c"'ptlO" showing the land. aff.cted may be viewed In the derk', office at the Town Hall, 707 Qu..n Street, K'~. cardlne. Ontario. On Thuuclay. February 5. 1987 at 7:30 p.m. In the Council Chamb...... Town HolI. 707 Oueen SIr..t. klnear. cline. .h. Council of The Corporation of the Town 0' Kincardine will hear. In p.....on. or Iby coun..I. .olldtor or a,.nt, any p.....on who claim. hi. or her Icmcl will b. preludldolly affected by the .crld by. law Clnd who oppIl8"o .. hea,d. Any p.rlon who wl.h.. to b. h.ard .hould. .. .oon ". poulbl.. make appllco"on '0: Ronald R. Shaw CI.tlc·Adrnlnl.trator Town of Klncardln. 707 Qu.." Str..' Klncardln.. 0",...10 .-' N2J: 1%9 " " .!,- ~ '~I,.-'¡, . ... .,~' , , ~: \ " , , , "(.'.' ': .".. , t, '~ J, .;,,'" , , .: : ~ ,¿. ., " " " ./ --. ',' .~ ~ j,: (¡L.,· :, . ~< ; , .;.j.... . > ,-'.F';·:,' , "\. '1~;~i·" ' ~ '. ~,'. ,'.'.:., <:;~:Jf :,' . "r' ;::;}...~, ,.,~., . , ·~.'tt··, ," ,\:::~:..,.. 'ì;)-'~~-'· I~,rl... ./!Æï·:/·:: ' ::~1~3I·:· , .'>;' ';,·r ,.' "; ". ',~ ,,.-,' . <.\;,:. . ~ N\wsome and Gilbert. Umited . Form LFI090 (2/85) SCHEDULE "B" RefIKd PcbralJ]'. 1915 ,¡ Q)fftr to Jurd1ttØt AGREEMENT OF PURCHASE AND SALE xJl'We. ROLAND.. SCHARFENBERG,.and,LYNNSCHARFENBERG"..w.. ......."................................. of the Town ,of .~Jncªx,dine. ...........................,. . .. (as Purchaser), having inspecled the property, hereby .ee 10 and w.j~J:I... ~A( ..... .THECQJU'ORAT:tONOF TßE.TOw.N, OF...KINCARDINE... "' (as Ven¡jor) ~_t¡(~ to purchase All and Singular the premises on the ., ,South,.. ".. side of ,..Russß,ll...5treet, in the .. ....... ~C>WI1. ,'...., of.. Kincardine.. ..,................. known as .............. . . . ...... ....... haYin~ a , . frontage of . lane shown IJOKDriK ..3.3. feet on Plan J.60 more orless, by a depth of ' , ,:3}(},.JHLJee:t:, , , more or less, being part of now designated as Part 3 on Reference Plan 3R-3994 XOCO(~PmtocDtMOMo. .. registered in the land Registry Office for the Re!ti1lryl the X1xt1GKtittXs Division of Bruce (No...3L ................... ................ .......,................ {herein called the "real property", at 'he price of':':::~,~~~,-,~~':':,-,FIF,TEE:~. HQI!IJH~EP,':':,::-,-~':':::..,~,~':':,':':,~,::::::::':,~.~.:::':':~--:::,~ Dolla.. ($ 1,500.00 of I"wlul money of Canada, payable ~~~~ue-"'.,.'.,..,."':".,.ONE.HUNDRED,.,.__,.:,,.,"''''''':,',,,.'''.,.,-,,,.,.,,'''.,.Dolla.. 1$ '" ,,,100.00 10 the snid~~M:Vendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement and to be credited on account 01 Ihe purchase price on closing, and agree 10 pay the balance of the purchase price, subject to the usual adjustments, to the Vendor's Solicitor on closing. A ¿5. The Purchase~ agree~ to reimburse the Vendor for the costs of publishing notice of the proposed by-law to stop-up and sell the real property pursuant to Section 30J. of The Municipal Act, R.S.O. 1980, Chapter 302. The Purchasers' soli£~to~ sh~11 erepare the Deed and by-law and at the Purchasers' expense. and/sHãlfupð~a~flèareasonable legal costs in connection with the road closing. This Offer shall be conditional upon the passage of the necessary road closing By-law and in accordance with the provisions of the Municipal Act failing which . this Offer shall become null and void and the Purchasers deposit shall be returned to them in full without interest or deduction. The Vendor represents that as at tho date of acceptauc:o hereof tbe 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. It by the date of closing the Vendor has not eitber (a) complied with such deftciency 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 subject to such deficiency notice or wort order or (b) terminate tbis Agreement. In the event of termination as aforesaid, all moneys paid hereunder shalt be returned to the Purchaser without interest or deductions. The spouse of the Vendor sha1l consent to this ARreement, and shan agree to coRsent to the transaçtion evidenced by the deed or transfer. Ten,,"cy, il any n/a The J'lurchase price herein shall include Ihe following. free and clear of encumbrance~: All fhuure!<ò, which shalf remain nffixtd to Ihe real properlY. except the following fixtures which may b.e removed by the Vendor prior 10 closing: n/a The following chullels all of which are owned by the Vendor: i} L..S. 5th December, . Thi,Offersh"lIbeirrevocublebYlhePun:haserunlilll.59p·m.onthe XZ!Jg day of ~jC, 1986 fler which time, if not accepted, thi~ Offer shall be null and void .nd Ihe deposit relurned 10 Ihe Purchaser without i"lerest or deduclion. Provided the title i. ,oad and free from an encumbrances. escept a. aforesaid. and except local rates, aDd except .. to any registered restrictions or covenants that ron with the land provided that lucb are œmplied with, and except for any minor eesementa for hydro. gal. telephone or like services. Purchaser to accept the real propeny IUbject to municipal and olher aovemmental requirements. including building and zoning by·lawl, reaulationl and orders, provided the ume have been complied with. Vendor a,rees to authorize municipal and other govera.mental authorities to release unto the PURhaser or his IOlicltor any information 011 ftle pertalnln. to sucb requirements. n/a & t-S, The Purchaser to be allowed 12 0 day. from the date of acceptance hereof to ¡nvestiRate the title at his own expense. and to satisfy himself that there Is DO breach of munic::ìpal or other ,overnmental requirement. affecting the real property, and that its present use may be lawfully continued. If within the time allowed for examlnin. title. the Purchaser Ihall furnish the Vendor in writing with any valid objection to thle, or to any breach of municipal 01' other ø.ovemmental requirements. or as to the fact that the present use may not lawfully be continued, which the Vendor shall be unable or unwillina to remon. remedy or satisfy and which the Purchaser will not waive. this A.reement shall. notwithstandl". IIny inlermediale acts or DeBOltatlons.. be null and void and the deposit money returned to the Purchaser, without interest or deductions and lhe Vendor and the A,ent shall DOt be liable for any costs or damages. Save a. to any valid ob;ectioD so made within such time, the Purchaser shall be conclusively deemed to have accepted the Vendor', title to the real property. .' .. , ., Nd-wsome and Gilbert, LbnIted 'Form LFI091 (2/85) Ofter to Purchase P81!1e2 R"1Ied FebrulQ'. 1985 The Purchaser shall not call for the production of any tille deed, abstract, surveyor other evidence of title ucep. such as are in the posse!iìsion or control of the Vendor. The Vendor agrees that he will deliver any existing survey to the Purchaser so soon as possible and prior to the lasl day allowed for examining title. h .'7 This AGreement ,hall be compl..ed on or belore the 27th day 01 April., . 1987 Jif11J4/J[lIdKiI!IH{,Ji:1Ij ~~KIK_Jf>Hi1fMDJI~[~1foKQI]HIJ!"'W¡ii~H:il1lit¡¡:~II~oNIij..¡{ on which dQte 'lasant ossess~o~ of the real proee~~l ~~b~ect t~ an Encroaçhment Aï~e~m~nt Qated ct. 16/ 986, sOi1t¡-!o~~tiJilWGU ali-'i!uil1í1il¡¡ a¡'J-'iqIii~Ið\¡¡t ¡';~he'mtfl;¡¡.iirlpJi¡l1l1Jè~¡¡'J'r~mJ¡>.Fa?1he 'rUN,! hlNtl.ctJ1. ·and Ihe Vendor _hold all policies of insurance eRected On the property and the proceeds thereof in trust for the parties hereto, as their interests may appear. . e event of damage to the said buildings and equipment before the completion of this transaction. the Purchaser shall have the right to elect . take such proceeds and complete the purchase, or cancel this Agreement, whereuþ011 the Purchaser shan be entitled to the return, 'Without interest or deduction, of all moneys theretofore paid QD ac:count of this purchase. Vendor aerea to furnish Pun:haser with copies of existine fin insurance policies within leveR day. of the date of acceptance hereof. Unearned fire insunmce premiums, fuel. taxe~ interest. renlals, and 1111 local improvement and water rates and other charges for muni· dplIl improvcmenb to be apportioned nnd allowed to the date of completion of snle (the day it5t1( 10 be apportioned to the Purchaser). Provided Purchaser muv clcct not to accept assignment or fire in~urance in which ca...e no adjustment 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 shall be prepared at the expense of the Purchaser in a form acceptable to the Vendor. Provided that this Agreement shall be eft'ective only if the provisions of Seclion49 of the Planning Act, as amended, are complied with. , The deed or !ransfer shall eonlBln Ihe atatemenl or tha Vendor and tho Vendor'a ....Idtor referred to .. ....Ion 49 (11a) nr tho Plannl... Ad, U83 as amended. .ç~ --> ·~ðOKHM!!O!HI!i)Io1Ð_Hi¥ZI'lt_Hi¥]liill\lliIi!i::ütIli¡C"~~JlltJœoltØØ<IIRIJÐIItJIDIIK ptetlla¥"'IIIJaHIk_--"AJf_~}I_]jiJf.__:I!iIIIdI_~se_ The V eodor represents Bad ...runts ..... no cease'" to ..11 transadloD Is required pursuant to HdioD 42 of .lIe Family Law Relonn Act, unless .he Vendor's spouse has executed thllap'eeIDeat to consent .hereto, and ...t the deed or tnnsfer sheU cont8ln an aJRda'flt or state. ment ., the Vendor 8. required h, subsedl_ (3) of øectkMl41 ot tbe IIpCNI5e of the Vendor .... ...eeute neb deed or lransfer to coasent thereto. Vendor further agrees to produce evidence that he is not now and that on closin, he 'Will not be a non-resident of Canada within the meanine of Section 116 of the Income Tax Act. or. in the alternative, evidence that the prOYisions of laid SecLiOD 116 regarding disposition of property by a non-resident penon have been complied with at or before closing. This Offer. when accepled. shall constitute. binding contract of purchase and sale, and time in an respects shall be of the essence of this Agreemenl. It is a~reed that there is no representation. warranty. coUalerul agreement or condition aft'eeting this A.reement or the real property or supported hereby other than as e)l.pressed herein in wrilinG. () Any tender of documenls or money hereunder may be made upon lhe Vendor or Purchaser or upon lhe solicitor actine for the party on 'L~ whom tender is desired, and it shan be sufficient that a cheque cerlified by a cht.rlered bank or trust company be tendered instead of cash. L..-- S. j;,gntK!:tJ\OONKIbJtøxpfXg\ml:i_IkMRIt~JUrAX- DATED a;f. _r,lfJ<i-.> J:Hrt:". This Offer and ils acceptance to be read with all changes of gender or number required by the conlext. t~ 1'1 this I dayo! h O"'~ 19 H, IN WITNESS WHEREOF J..¡..... SIGNED, SEALED AND DELIVERED have hereunto set (J-o.J...7- hand J~ and seal. In the presence of: )J}~t:,t"'I"" [¡ N"'1.>rl ç, 'Ii " -¿',I ~,,~~-?~, : ,.................¡.... ..~..~...;.:..;~.~.::-p~~~~.:~:.;...;........ ................. (. Ie' IIWe, hereby accept the above offer. and coyenant, promi~e and _cree 10 and wÎlh Ihe above-named Purchaser 10 duly carry out the same on the terms and conditions above mentioned. and hereby accept the deþOSil of $--100. OO--OOKO(~ICiHRbÐilfOO. x~IòJvju¡NItKMjQXXXXXXXWJIIXIHsmJGkXXXXXXlXKOEII~I61t16J!M~ær.:IA¥~:iKJ{~~ ~kKOtldkJIÐI~~ ~ :'! '.'11·;· 1!'~ 111"i" ";'~' "~-'¡ ')·~lq:!....a Ir:~' :',Ì\ '1q:!1'~.:I¡.I1:·'" :".U.!h, . V'~, AND I, Aø:reement and agree to consent to the transaction evidenced by the deed or tnnsfer. I I : day of . .pouse of the said Vendor, hereby consettt to Ihis .ATED al Town of Kincardinelhis 4th IN WITNESS WHEREOF we haYe hereunlO lei December 1986, . ..,.. --- SIGNED, SEALED AND DELIVERED In the presence of: our ; I hand i I ". .~ / . ~'::"-. - - ~.' .... nix Se.1I 1erk I.····' II'!'': .,.. ":..' . '''1 ''-1' :1l01'0; ·"·''''I;.rl·~", ..:;:.' t·" I;>." ,.1:'''. " -