2001-127 To authorize the execution of a land exchange agreement between the Township of Oro-Medonte & Monica Interior Design Ltd (Ironwood Trail)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2001-127
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LAND EXCHANGE
AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND MONICA
INTERIOR DESIGN LIMITED (IRONWOOD TRAIL)
WHEREAS the Council of the Township of Oro-Medonte, by By-law Number 2001-64
dated the 20th day of June, 2001, did stop up and close Part 2 on Reference Plan 51R-
30251 (Ironwood Trail);
AND WHEREAS the Council of the Township of Oro-Medonte has, by resolution dated
the 5th day of December, 2001, declared the Monica Lands as surplus and has given
notice of their proposed sale, all in accordance with Section 193 of the Municipal Act;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to enter into an agreement
with Monica Interior Design Limited for the purpose of an exchange of their respective
lands designated in said agreement as Schedules 'A' and 'B';
AND WHEREAS the Township of Oro-Medonte and Monica Interior Design Limited
have agreed that, for the purpose of Land Transfer Tax, the Township lands (Part 2 on
Reference Plan 51R-30251 (Ironwood Trail), should be valued at Ten Thousand Dollars;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and Monica Interior Design
Limited, said agreement attached hereto as Schedule 'A' and forming part of this
by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 19TH DAY OF DECEMBER,
2001.
BY-LAW READ A THIRD AND FINAL TIME THIS 19th DAY OF December ,
2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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{A-ec_ /<,(:',~ /
Mayor, Ian Beard
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LAND EXCHANGE AGREEMENT Dated the 10th day of December, 2001
BETWEEN:
MONICA INTERIOR DESIGN LIMITED
(hereinafter referred to as "Monica ")
-AND-
OF THE FIRST PART;
THE CORPORATION OF THE TOWNSHIP
OF ORO- MEDONTE
(hereinafter referred to as the "Township")
OF THE SECOND PART.
RECITALS:
A.
Monica is the registered owner of those lands in the Township of Oro-
Medonte, County of Simcoe, comprising those lands set out as parts 4,
5,6,7,8,11,13,14,15,16,17,18,19 and 20 on draft Reference Plan attached
hereto as Schedule "A" (the" Monica Lands").
B.
The Township is the owner of a road allowance known as Iron Wood Trail,
in the Township of Oro-Medonte, County of Simcoe, comprising part 1, 2
and 3 on said Reference Plan (the "Township Lands") attached hereto
as Schedule "A", and previously described as Part 1 on
Reference Plan 51R-30251 attached hereto as Schedule "B".
Monica has applied to the Township pursuant to an Application dated
the 2nd day of April 2001, to revise the dimension of certain lots on
registered Plan of Subdivision Number 51 M-367 registered in the Township
including the revision of the road allowance;
C.
D.
The Township by bylaw 2001-64 passed on June 20, 2001 stopped up
and closed the Township Lands.
E.
The Township has, by by law or resolution, dated the 5th day of
December, 2001, declared the Township Lands as surplus and has given
notice of their proposed sale, all in accordance with Section 193 of the
Municipal Act.
F.
The parties hereto have agreed to exchange their respective lands in
accordance with the terms of this Agreement and included in the
exchange, Monica will reconvey to the Township parts 1 and 3 on the said
Reference Plan (The "Exchanged Lands")
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the lands and the mutual covenants and agreements contained in this
Agreement, the parties to this Agreement covenant and agree each with the other as
follows:
1. The parties agree that for the purpose of Land Transfer Tax, the Township
Lands should be valued at Ten Thousand ($10,000) Dollars
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2, The closing date of the Exchanged Lands shall occur fifteen (15) days after
the registration of the Reference Plan attached hereto as Schedule A. Should the
closing date fall on a date that the Land Registry Office is not opened, then, the closing
shall occur on the next day that the Land Registry Office is opened.
3. Both parties shall be permitted until the Closing Date to examine title to the Lands
of the other party.
4. The Land to be exchanged between the parties hereto shall be transferred free
of liens, charges or encumbrances except for:
(i)
subdivision and other agreements relating to the development and
servicing of the lands which are entered into with municipal and
other authorities; and
easements which may be required for the installation and/or
maintenance of services provided such easements do not prevent
the construction of dwelling units on the building lots created from
the lands having the maximum permitted building coverage.
(ii)
5.
Agreement.
Time shall be of the essence in respect of all of the terms of this
6. The parties hereto agree to execute such other instruments as may
from time to time be necessary and as desirable to give effect to the provisions of this
Agreement.
7. Monica is responsible for all costs of the land exchange provided for by this
e agreement including taxes and legal fees.
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8. This Agreement shall be binding upon and benefit the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their
respective corporate seals under the hands of their respective signing officers duly
authorized in that behalf.
MONLQA INTERIOR DESIGN LIMITED
~ '/01
TO BIND THE
Per:
I HAVE THE
CORPORATION
A.S.O.
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
A.S.O.
Per:
A.S.O.
BY-LAW 2001-127
SCHEDULE 'A'
AND
SCHEDULE 'B'---OVERSIZED MAPS
****PLEASE REFER TO ORIGINAL COpy OF
BY-LAW TO VIEW