HomeMy WebLinkAbout13 071 Entrance to the Princes Street Parking Lot Purchase By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2013 - 071
BEING A BY -LAW TO AUTHORIZE THE PURCHASE OF LAND WITHIN THE
MUNICIPALITY OF KINCARDINE
FOR THE ENTRANCE TO THE PRINCES STREET PARKING LOT
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended,
• 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 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 Council of The Corporation of the Municipality of Kincardine
deems it advisable to purchase land for the entrance to the Princes Street Parking
Lot;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO be hereby authorized to accept and execute, on
behalf of The Corporation of the Municipality of Kincardine, an Agreement of
Purchase with Remingtons Limited in the form of the letter of agreement dated
January 25, 2013 attached hereto as Schedule "B ".
• 2. That the purchase price for the lands be in the amount of $100,000.00, plus all
legal expenses, to be paid from the Parking Reserve Fund.
3. The lands to be purchased are described on Schedule "A" attached hereto.
4. This by -law shall come into full force and effect upon its final passage.
5. This by -law may be cited as the "Entrance to the Princes Street Parking Lot
Purchase By -law ".
REAP a FIRS - and S OND time the 5 day of June, 2013.
yor Clerk U
• READ a THIRD ∎ ∎ E a., FINALLY PASSED this 5 day of June, 2013.
, yor
Clerk
SCHEDULE A
By-law No. 2013 - 071
DESCRIPTION
• PT LT 1 AND 2 (SUBDIVISION OF LT 7 W/S PRINCES ST) PL 61, PT 1, 3 AND
4, PL 3R9459, S/T R64332, RESERVING AN EASEMENT OVER PT 1 AND 4,
PL 3R9459 IN FAVOUR OF THE TRANSFEROR FOR THE PURPOSE OF
INGRESS AND EGRESS; KINCARDINE BEING PART OF PIN 33309 -0260 (LT)
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Corporation of the Municipality of Kincardine January 25 2013
3. Remingtons Limited will reserve an easement over the subject lands for
ingress and egress from Princess Street for the benefit of access to the
remaining lands owned by Remingtons Limited.
4. When the Municipality of Kincardine repaves the municipal parking lot this
year, they will also include the paving at the rear of the Queen Street Mall
property. This represents an area of approximately 21 ft. x 80 ft.
Please proceed and prepare the appropriate documentation for the completion of
this transaction. We would request that the Municipality of Kincardine sign a
copy of this letter to acknowledge your agreement and acceptance of this
transaction. We would appreciate receiving a signed copy returned to us, at your
earliest convenience.
REMINGTONS LIMITED CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Per: David Slade, President Per: Murray Clarke, CAO
Dated: Z
CA 3 Dated:
243 Hurontario Street Collingwood, Ontario L9Y 2M1
Phone: (705)444 -1830 Fax: (705)444 -0012 Email: dsiadendcslade.ca
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This is Schedule ". _" to By -Law
No2►3v7I
-- passed the 5 day
of Surma 2013
REMINGTONS LIMITED
January 25 2013
Corporation of the Municipality of Kincardine
Municipal Administration Centre
1475 Concession 5
R.R.# 5
Kincardine, Ontario
N2Z 2X6
Attn: Mr. Murray Clarke,
Chief Administrative Officer
Dear Mr. Clarke:
RE: Remingtons Limited
Queen Street Mall Property
Sale of Parking Lot Lands
As outlined in your email of December 13 2012 and verified by our telephone
discussions, Remingtons Limited is prepared to accept the Corporation of the
Municipality of Kincardine's offer for the purchase of the parking lot lands owned
by Remingtons Limited, which lands are directly east of the Queen Street Mali
property. These lands are outlined on the attached Schedule "A" in "green" and
"blue ". Further, your offer for purchase also includes the removal of the
easement shown in "yellow" which is also on the attached Schedule "A ".
On behalf of Remingtons Limited, we are prepared to accept the offer of
$100,000.00 plus HST, if applicable, based upon the following conditions:
1. The Municipality of Kincardine prepare and cover all costs associated with
the preparation of a registered reference plan of the subject properties, if
necessary, to provide a registerable description of the lands.
2. The Municipality of Kincardine perform the appropriate legal transfer and
cover all costs associated with this transfer.
243 Hurontario Street Collingwood, Ontario L9Y 2M1
Phone: (705)444 -1830 Fax: (705)444 -0012 Email: dslade(dcslade.ca
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