1997-102 To Accept a Transfer from Canadian National Railway Company to the Corporation of the Township of Oro-Medonte (for part of west half of Lot 1, Conc. 1, east of Penetanguishene (Geographic Township of
.
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. lQQ7-102
A BY-LAW TO ACCEPT A TRANSFER FROM CANADIAN NATIONAL
RAILWAY COMPANY TO THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE (for part of the west half of Lot I, Conc. I,
east of Penetanguishene (Geographic Township of Oro),
designated as Part 2, 3 and 5, Plan 51R-26885)
WHEREAS it is deemed expedient to accept a Transfer of Land from
the Canadian National Railway Company for municipal purposes for
part of the west half of Lot I, Conc. I, east of Penetanguishene
(Geographic Township of Oro), designated as Part 2, 3 and 5, Plan
51R-26885;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE HEREBY ENACTS AS FOLLOWS:
1. The Municipality hereby accepts the Transfer of Land from the
Canadian National Railway Company for the lands described in
Schedule "A" attached hereto, by a deed registered on the 4th
day of July, 1997 as Instr. No. 01351022.
2. The Municipality hereby accepts a Quit Claim of the interest
of Canadian National Railway Company in the lands described in
Schedule "B" attached hereto, by a Quit Claim Deed registered
on the 4th day of July, 1997 as Instr. No. 01351021.
3. The actions of the Mayor and the Clerk are hereby confirmed
and ratified in respect of the execution of the Agreement of
Purchase and Sale attached hereto as Schedule "C", together
with all documentation required to give effect to the
conveyance of the lands described in Paras. 1 and 2 of this
By-law.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
] 9th DAY OF November , 1997.
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
Mayor
.
.
SCHEDULE "A"
Part of the west half of Lot 1, Concession 1, east of
Penetanguishene Road (Geographic Township of Oro), now in the
Township of Oro-Medonte, County of Simcoe, designated as Part 3 on
Plan 51R-26885.
.
.
SCHEDULE "B"
FIRSTLY: Part of the west half of Lot 1, Concession 1, east of
Penetanguishene Road (Geographic Township of Oro),
designated as Part 2 on Plan 51R-26BB5;
SECONDLY: Part of the east half of Lot 1, Concession
Penetanguishene Road (Geographic Township
designated as Part 5 on Plan 51R-26BB5.
All in the Township of Oro-Medonte, County of Simcoe.
1, east of
of Oro),
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Schedule "C"
,
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LOCATION: TowIL,hip of Orl>-Medont..
SEVERANCE NOT REQUIRED
, P,!.N. 40879D
bG1H'FMENT OF PURCHASE AND SAI.Ji
PURCHASER' THE CORPORATION OF THE TOWNSHIP OF ORO-MROONIE offers to buy fror,n
VENDOR, CAN.8.DIAN NATIONAL RAIT,WA Y COMPAN'(
.:I.OrERTY; in the Township of Oro-Medonte, in the Provinc" of Ontario and deecribed in Scl1edule "A" IU"1l1exed
,relo. at lhe .
PURCHASE PRICE OF: FORTY THOUSAND DOLt.ARS (Kan.40,1100.00) plu~ G,ST on tbe foHowing tenns: .
1 Th~ Porch.ter submit.!; with tnb off~r FOUR THOUSAND DOLLARS (514,000.00) by certifi~d cheque
payable to the Vendor a5 a deposit to be held by it in trust p~nding compl~tlon or other t~rmination of thi5 Agr~ement
and to be creditEd towards the Purr;hase Price 011 completion.
2. The Purchaser agrees to pay the balance of th~ PurchWle Price On dO!iing to th~ Vendor by certified cheque,
subject to those adju.tments ~~t out in Parag,"ph 16 below.
3, Th~ Vendor hereby consents to the Municipality releasing to the Purchaser details of all outstanding work
orders or deliciency notic..e affectil'lg rhe property,
I
'\
4. Notwithstanding th~ provigioI19 of Paragraph 10. the Purchaser agrees to accept title subject to (i) all
regIstered or unregistered agr..men,. with InurticipalltiB$ ""d publicly or privately regulated utilities; (Ii) aU
registered or unregistered e""ements, rights, COVerlll.t\ts and/or restriction. in Iavou, 01 municipalities, publicly or
privately regulated uHlitl... or adJoinmg oW"er", or that otherwi5t! run with the land. In the evant that the subject
property ~"mpri$e' loxmer corridor land\; fn,' the movement of trains. the Purd"'""r agrees, after dosil'lg, to grant"
registered ea.ement to any utility, if request"d by "uch utility, to give effect to any urnegistered righ'. already
enjoyed by such utility, if applicable, on term.o to be arranged b~tween Q,e Purchaser Bod the utility; (ill) .ny.
encroachment. a. may be revealed by Schedule "A-2" or by an up-to-date .urvey; and (iv) the Permitted
El1cumbrances .et out in Schedule "C", The Purchaser agrees to satisfy itsell with respect te compliance with all ouch
agreements, restrictions or CoYenants referred to he~iI'I or in Paragraph 10 and agrees that tbe Vendor sholl not b.
required to provide II11Y evid"nce of compli4nce with .ame.
5. The provIsions of the attached Schedules "A", "13" and "C" sholl form parl of this Agreem~nt.s if set out
herein.
6. 11,1' Purd",ser and Vendor agre~ that no fixtures, building or chattel. .re included in the Purcha.ge Price.
7. The Purchaser agtt'es that Q,i5 Offer 5haU be irrevocable by him uno111:59 p.m. on the .ixtieth day after
its date of execution by the Purchaser, after which time, if not ae<:epted, thi.' Offer shall be null and void and the
deposit shall be r~tumed 1:0 the Purchaser without iI'Iterest or deduction.
8. Upon completion, vacmt pas"",.lon of the property shall be given to the Purchase.{.
9. The Purch.ser shall be allowed the thirty (30) days nfi~t following the date of acceptance to examl11e the
title to tho property, d his oWn expense.
10. Provid~d that the title to the properly..is good and free from all'lIIcwnbram:ee except a~ nforesaid. If within
the time allowed for e"aroil'ling the title JUly vaHd. objer;tion to title is made iI'I writing to the Vendor and which the
Vendor i~ unable or unwilJing to remove, remedy or satisfy and which the Purch..er wlIl not ....aive, this Agreement.
flotwithslanding ""y intermediate ;lets or negotiations in re:!pect of such obj~ctions, .hall be at an end and all monIcs
theretofore paid .hall be retumed without int~rest or deduction And the Vendor shaU not be liable for any costs or
damag~s. 5ave as to any Yillid objection '0 mad.e by such day and exc~pt for any objection goil'lg to the root of the title,
the Purchaser .han b~ conelusively deemed to haYe acceptet;l1:he V~ndor's title to the property.
11. The PurchO\$er ad:nowll!dges having iI'I~pe<:ted the property prior to submitting this Offer and lInderst.nd5
that "pon the Vendot acceptil'lg this Offer there shall be a binding ",greement 01 purchase and sale belWe~n the
Purchaser and Vendor.
.,2, The V"ndor ;md Purchaser agr~~ that there'is no ~ondjtion, express, or Implied, repre.entation or warranty
f any kind tbat the future intended 1.\~e of thi! property by the Purchaser i. or will 1;>" lawful e".ept as may be
, specifically stipulated elsl'!where in this Agreement.
13. The Pur~has.r "hall not cilll for the production of any HUe deed, abstract, surveyor other evidence 01 title
to the property except such a5 are in the possession or conu-ol of the V.ndor. The Vendor agrees that, if requested by
the Purchas.r, it will deliver any sketch or survey of the property in Itg possession or within its control to the
Purcf,ager as Soon as possible and prior to the lnst day aUowed lor e~8mj[\ing titl~.
14. Provided that this Agreement shell be effectlvR to create an interest In th.. property onIy if the subdivision
cr",troI provisions of the rla.n.ning Act are ~omplied with 011 or befo... completion.
15: ihe Purchaser shall be credited lowarde the Purchase Pric~ with the amotlI\t, if any which it shall be
necessary for the Purchaser to pay to the Mlrtister of National Revenue in ord~r to satisfy the Purchaser's liability in
reSpect of tax payabl.. by the Vendor under the non-residency provisions of the Income Tax Act by reason at Ihis sal..
The Purchaser shaU not claim .uch credit If the Vendor delivers on completioI1 the prescribed certJilcate or .
statutory dedaralion of an omcer of the Vendor that It 15 not then . non-resident of Canada,
16, Rel1!'. taxes, local improvements. water and assessment rates and the cost of fuel shall be apportioned IUld
allowed to ,he date 01 compleHon (the day itself to b. apportioned to the Purchaser). Provided, however, thore
shaJi be 1'10 adjustmont for any lea"", licence or agreement for which the annual renl does not exceed $1,000.00. With
respect to all leases, licences and agreemenl., the parties shall exe<;ute an Assignment, Assumption and
IndemnificO\tion Agreement in I:h~ Vendor's stiU1da,rd form,
17. Time .hall in all "'.pects be of the essence hereof provided thllt the time for doing or completing of I<I1Y
e"atter provided for herein may be extended or abridged by an agre~me'fil in writing signed by the Vendor and
urchas~r or by their (~'pect:ive 50lichors who are specifically authorized in that rega.rd.
18_ Any tender of documents or money h~teunder may be made upon the Vendor or Purr:ro.ser or their respective
solicitors on the day set fOf cornpletlon of this Agreement. Money rnoy be lelldered by bacl: draft Dr cbeque certified by
a Chartered Bank. Trust Cornpony, Provinco of Ontario Savings Offlc<f, Credit Union or Caiss. Populaire,
19, For the purpose of this Agreement, the term "date of acceptance" shall be deemed to mean the date of
acceptance by the Vondor or, in the atternative, if l1,i5 Agreement b subject to offen; and counler-orfors, then that
date upon which th~ fiI1al ..cceplan~. of any counter-offer is iI1dicated by ultimate acceptance by tho counter-olleree_
20. Notwithstanding any tetm8 Dr condition. outlined in the printed portion herein, any provisio~ written or
typed into thi. Offer shall be the true terII'l" and sh.1l supersede Uui printed portion in respect to the parts affected
thereby_ This Agreement .hall constitute the entire agreement between the Purchaser and Vendor and Ihere is no
repre.enla~.on, Warranty, collateral agreement or condition affecting this Agreement Dr the property or supported
hereby other than as expressed h"cein in writing. This Agreement shall be read with all changes of geI1der or number
required by the context.
21. TIlE PUI<.CHASER AClCNOWLEDGES 1HA T A CONSUMER REPORT CONTAINING CREDIT AND lOR
PBl1.S0NAL INFORMATION MAY fiE EITHER REFERRED TO OR PREPARED TN CONNECTION WITH THIS
TRANSACTION,
D1\ TED this
;z .-d.
day 01 ;--4-
,1997_
1'HE CORPORATION Of TIlE TOWNSHIP OP OB.o-MEDONTE
PURCHASER
J:\...:
~p..
Name:
f'~1
Tille: Mayor
~. /..L
Name:
Title: Clerk
"
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Per.
,"
Ijwe have authority to bind the corporation.
The W1dersigned accepts ~ above Otier.
DATED this
day of
,19>,7.
&-
&ig!oolll Man
o
,BRAD SEARCHFIELD
DIRECTOR
CN REAl. ESTATE MANAGEIoIEHT
veNDOR
.
I have authority to bind tlte corporation.
ACKNOWLEDGEMENI
W. acknowledge receipt of a .igned copy of thi. accepted Agreern.n~ of Purchase and Sale.
DATED this
day of
,1997.
VENDOR
BRAD SEARCHFIELD
DIRECTOR
eN REAL ESTATE MANAGaIEHT
Per.
..
I have a1J~hority to bind the corporatio".
Address:
277 Front Street West. Suite 930, TDronto, Ontario, M5V 2X4
Telephone No. (416) ~0-6800
Telecopier No. (416) 340-6714
Name aI\d Add.reS$ of Vendor', .olicitors:
Pri!\$ar' Iir. Beatty (Roger J. Peod), P.O. Box 100, 1 FiTst CanadliJII Place,
Toronto, Ontuio, M5X 152
Telephone No. (416) 863-4578
Telecopier No. (416) 863-4592
I dcknowledge receipt of a signed copy ot this ""copted Agreement ot Purclta.. ""d Sale.
DATED thiB
. day ot
,1997.
THE CO."ORAUON O'froWN"UP 0' O,o."""ONTI
Per: (-L ~-
Name'
Title: Mayer
Por:
Name,
Title; Clerk
I/we hilve authority to bind the corporation.
PURCHASER
Addre..:
P.O. Box 100.
Ore. (Ub\rtn
j.DL 2XO
Telephone No. (705) 487.2171
Telecopier No. (705) 487-0133
Name and Address for Purchaser's Solicitors:
RusselL C1ri.stie, Millt!Jr, Kougban
76 Ooldwater street East, Box 158
.
(kill!/!, CN L]V 6J3
T~NO. (705)325-1326
T~No. {7Q5)327-1811
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SCHFDUI.E "A"
ill the Towrlship ot Oro-Medonte, in the CoUnty of Simcoe, in the Province of Ontario being Part of Lot 1, COI\CeSSiOH 1,
as .howll outlined in r€d on S<:h€du1e "A.2" attached herdo.
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1.
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2.
.3.
4.
s.
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SCHEDULE "8"
The Vendor m<l"'es no represent..tion$ or warranti". of any kind, ei!her expressed or implied, as to the
condition "f the properly, the subsoil, environmental matt'!rs, condition of aflY ,I:ructures, if my, or i1.t\y
other matters respecting lhe site ....hatsoever, including the use to which it may be put and its zoning. The
Purcha.er shall accept the property :u1d any improvermmts thereon in an "as i." condition. The Purchaser
shall be: ~llDwed rhirty (30) days from the date of acceptance (the "CondltlDnal Period") to .atisfy Wm..lE
with resped to all matters respecting the property including the present state of the property and any
SITucl:1.tres th€reon, all encumbrance. md all regulations and by-law. governing !he property and the Ven"or
grant. to the P"rchMer the right to .mter upon th" property and to conduct such inspectiot\S. .urveys and
tests as the Purcha.ser deems neces.ary in !:his regard, provided the Purchaser take, all re...onable care In
the cooduct of such inspectJofi$. surveys and Ie.ts. The Vendor assumes no responsibilily jor and the
Purchaser shall indemnify Illld save hannIess lhe Vendor (rom and against all claims, dem&.rld.. costs,
damages, expense. and liabilities whatioever arising out of its presence on the property or of its activities
on or in connection wi!:h the property. If for any leasoli the Purch....r i. not satisfied with respect to such
matters within tl1e Conditional Period, he may deliver a noticI! ("Notice 01 Termination") to the Vendor
indicating that he is not satisfiecl ....ith respect to such matters and desires to renni11ate this Agreement and
retea5e the Vendor fram any further obligatioJ\~. Upon delivery by the Purchaser of a Notice of Termination
tn the Vendor, this Agreement shall be at an ev.d and the Vendor shan rellITn the deposit to the Purch...r
without intere.t or deduction and neither parly ohall have any further obligation to the o!:her respecting
the Agreement. The Purchaser covenants and agrees that any envlroI1memal report. and the informalio.n
contained therein i. strictly confidential and the Purchaser represents and warrants that neither the
Purchaser hor H. employees, or agents will release the reports or iUly of lhe Infonnation contained therein
to any other individuaL or corporation or to any f.deral, provincial, or municipal agency or institution or to
any other government body, domestic or foreign, without the expr"os writt"" consent of lh. Vendor, .nd the
Purchaser shaH refuse all requesl:$ for such reports or information in the absence of lhe Vendor's expr...
written <'oru;ent, unless compelled to do &0 by competent judicial or aclInlniitrative authority. In ~b.ence of
delivering a Notice of Termination within the Conditional Period, the P"1'Ch.ser 9hal1 b. conclusively
de..med to ha.." waived all req1.:li~itions concerning any matte" relating to the property save for matters
going to tiUe and the Purchaser accepts full reeponsibJl!ty for all condilion. "'Iated to the properly. and
the P"rcha...r ,hall comply with all orders relating to the condition of the property issued by any
competent government authorUy. court or admIni!itrative tribunal, induding any order issued against the
Vendor. The Purchaser shall be respon~ib}" lor and hereby Indemnifiea and &a"e. hartnleg. the Vendor from
any costs. including legal and witness c06ts, dalm5, demands, civil adioM, prO:ICCUHOM, or administrative
heerings. fines, judgments, awards, including aWBrds of cosl9, that may arise aB a result of the condition of
the properly, any order is~"ed in connedion with the condition of the property, or any 10'B, damage. or
injury c>lu.ed either directly or indirectly a. a result of the condition of th" property. TIlLs paragraph .han
not m@rgo but shall ~urvive Ihe dOling of this transaction and shall be a continuing obligdtion of the
Purchaser.
Thc Wormation comprising the information package provided by the Vendor, if a.ny, any comments made
by the Vendor's staff and any pl1lns or drawing. !:hat may have been provided by the Vendor, are for the
MsishH1CC of ths PurchllS<!r in allowing it to make it> own inquiries. The Vendor make, no representations or
warranties about and lakes no responsibility for the accuracy or COmpIeler..,ss of I"fonn.tion it has
provid"d.
The parties aS'ee that in this Agreement a period of days shall be deemed to comxnence the day following
the event that began the period and shall be deemed to terminate at 5:00 p.m. locaJ time of the last day of
the period except that 1I the last d~y of !:he period falls on a Sund..y or hoUd..y. !he period shall
terminate at 5:00 p.m. Icx:al time of the next day following that is not a Su.nday or holiday.
The Purchaser warrants to the Vendor th.t no on.. iJ entitled to any fee or commission pa.yabIe by !:he
Vendor in respect of this transaction by reason of having introd.uced the property to the purcha.er or
otherwise aded ~~ 11 broker, agenl or sille.tnart in comection with this transaction and the PtJIchaser hereby
indemnifies and saVeS hannle.s the Vendor in respe~t of any claim by 51.:1ch a person for any fee, cotttmission
or reimlnlIsement based upon such person acting for or as agent of or advising the Purchaser in connection
with i:hi.s tra:n.actlon or cla.iming to have done BO.
The Purc:ha5<!r shall not assign this Agreement without the ~onsftI\t of !he VenQor, which consent may be
. arbitrarily withheld. Ii the Vendor consel1ts to an assignment, the Purchll5Br shall CII.U/ie the Assignee and
lhe Purchaser, to cOVIIl'lant in writing in favour of the Vendor to be jointly aI\d severally bou.nd by and to
jolnUy and 8ev~rl1l1y perform !:heir re'PQctive obligations of Ini_ Agreement. The Purchaser BhaU not be
rel.osed from hi5 liabilities and obligations hereunder in the event of an assignment.
6. T1tis Agreement shall be compl.led on June 3D, 1997.
7. Where this Agreement requirQs notice to be delivered by one party to the othel, ouch notice ,hall boo given in
writing and delivered either personally or by pre-paid registered post or by telecopl~r, by the party
"''''Iring to give ,\lei> notice, or by !:he solidtor acting for such party, to the other party or to the solicitor
acting for the other parly at the addresses noted herein. Such notice shall be deemed to hnve been given, in
the caSe of per.lonal delivery, on the dab! of delivery. a!\d where given by post, on lhe third busine" day
following the posting thereof, and if scnt by !ewcopier, the date of delivery 5hall be de"tned 10 be the date
07/03/97 THU 15: 02 FAX 416 3-10 6774
_Q7/~/u7 THU 09:29 FAX 700 .aT 0100
CN REAL ESTATE MGMT
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01 tral'lsrni5Sion if t}-6115misslon ocC1.LfS prior to (:00 p.m. (Toronto lime) on a bWJine55 day and on the bllsine55
dAY next lollowing; rhu date of !:Ian.mission In AnY other ,ijSe. It Is urtder.tood th~t in the evom! of .
thTentened or actllal postal disruption in the postal servIce in the poslal area tiuougb which sud\ notice
must b. ..M, notice must be given peTs<mally "" aforesaid or by telecopl~t, in which case notice .hill be
deemed to have been given as set out above.
8.
The purchaser agrees to p"Y on closing the cost of any Reference Plan! survey ollegal description.
9.
This Agr<cmEnt is conditional until dosing on approval by the managemel1! of the V"ndor. If this condition
is not satisfied or w..ived by dosing. !.hIa Agreement shall be ..r an end and the Vendor .h..ll rerum the
del'O$1t ro the Purchaser without interest or deduction ond neither party shall hav~ any furth,,, obligation
to the oth~r ""pedlng this Agreement. In the absence of delivery of a norke of rerminAl1oI\- th" vendor
shan be conclusively dee"",d 10 have waived this condition.
10.
The parties f'lJ.rther agree that on closing, and for the same consideration. th~ V""dor shall deliver to the
Pur<;haser 1\ quit claim deed in r"volll at the Purchaser of the property shQwn outlined in blue on Schedule
"A-Z" attHched hereto.
.
07/0J/97 TUlI 15:02 FAX 416 340 6774
07/03/9"[ THU au; Zit 1'-1\.A .(U... '.un U.1,i)<>
CN REAL ESTATE MGMT
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SCHEDULE "C"
Ie
PERMrTTflJ ENCUMBRANCES
NIL.
.
<
~ '
~
Province
0'
Ontario
Transfer/Deed of Land
\
Form 1 - Land Registration Reform Act
A
(1) Rl<;Ilstry [!'9
(3) Property
ldentlfier(.)
land Ttthtl
o (2) Page 1 of
Property
.~
pages
Block
<'-I i..;,j CD ~
., Q ;:;::,
~I ,",_.< l~J uJ ,
,- ^"'-
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in n:
,,-'J. (0
If) ...-i
C':)
::r-
...-i ,- '.",J
Co)
0 ~'::
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L:- =
New Property E:fentifiers
r-- Additjona~
O~ See 0
, Schedule
Additional:
See
Schedule
o
(4) ConI_.tlon
_ FORTY THOUSAND u_u__ Dollars $ 40,000.00
(5) D_rtptlon
This is a:
Property
Division 0
Property
Consolidation 0
Part of the west half of Lot 1, Concession 1, East of
Penetanguishene Road (Geographic Township of Orc) , now
the Township of Oro-Medonte, County of Simcoe,
designated as Part 3 on Registered Plan 51R-26885.
Additiona!:
See 0
Schedule
o
Description 0
Additional
Parties 0 Other 0
(7) InteruVEsUite Transferred
Fee Simple
(6) Thl.
Document
Contain.
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
(8) Tfans1eror{s) The transferor hereby transfers the land to the transferee a1Wi~rteS~~fl5feTon~.Qf1eas~~6tifs::(mPaMtRfW<
.."............,...,.....,.,....... .... ,......,.....,.,.. ............. ..... ... .,. ..........
N~';'~(~)' .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s'rat4t . . ~ .~. . . . 4' . .'. . . . . ": D~te 0,' s:Jn~turg
(~AN.ADIAN. NATIONAL E1;ILWAY. C?MPANY . . . . . . . . . . . .. . C:h~i.t~{W~~.l4': . . . .r(~". . . . . .j. m7 .!?J1.! .
Manager of Marketing and i i 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . :A..'&n'in'i's.t'ra.t'i'dri . . . . . . . . . . . . . . . . ~ . . . . . '1' . . i . . .
II h h. Central Canada j i:
We , ~y~. ?-':It::. <?~~t:X .t.o. p.i!1?, !:~~, <;qr:P.C?r:~~~c;n). . . ' : I
.. ....,...... ........ ..... .... "1" ....,... ;'"
, '
, '
, :
(9) Spouse(s) 01 Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
y M 0
........,.....................'...... .......
.......... ...... .., .........
!
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,
,
,
1" ..
(1Q) Tranlferor(l) Address
forSeN~e 277 Front Street West, Suite 930, Toronto, Ontario
(11) Transferee(s)
M5V 2X4
Date of Birth
y M 0
,
,
.r~~.GQ~~Q~~~9N.9f.r~~.~QWN~~I~. DF.9R9cMEPDN1E. ........ ...... ............ ,..... i.... ..i...
: :
, ,
, ,
. ,
. . . . . . . . . , . . , . . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . ~ . . . . . .t. . .
, .
. ,
: :
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(12) Tran.feree(s) Address
tor Service
P.O. Box 100, Ora, Ontario LOL 2XO
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Pfanning Act.
Date of Signature Date of Signature
y M 0 Y M 0
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Signature. . . . , . . . . . . . . . . . . . . . . . . , . . . . . . .'. . . J. , .. Signature,...",....................:.,... .1. . . j. . . .
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
;i, determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
~ Name and J Y : M, D
a. Address of . 1 ::
o Solicitor SIgnature......,... <...........,.,. ,'..... .'... J....
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(14) Solicitor for Transferee(s) I have investigated the title to this land and to abuning land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) 0i) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
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Name and
Address of
SoHcitor
Signature. . . . .
Date of Signature
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not assigned
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Land Transfer Tax
(15) AsHssmont Roll Number
of Property
(16) Municipal Addre.. of Property
1 Cty.
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Map j Sub.
(17) Documenl Prepered by:
Fraser & Beatty
P.O. Box 100
1 First Canadian Place
Toronto, Ontario M5X lE2
Attn: D.N. Skinner
Par.
not assigned
To,,",
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RECITALS
WHEREAS the lands herein described are registered in the name of Toronto,
Simcoe and Muskoka Junction Railway Company
AND WHEREAS under Agreement dated December 27, 1871" duly
authorized by shareholders of the respective Companies, and as authorized by
Ontario Cap. 43, March 2, 1872, "The North Grey Railway Company" and
"The Toronto, Simcoe and Muskoka Junction Railway Company" were
amalgamated into one company under the name "The Northern Extension
Railways Company".
AND WHEREAS under Agreement dated June 3, 1875, duly ratified by
shareholders of the respective Companies, and as authorized by Dominion
Act 38 VIC Cap. 65, April 8, 1875 "The Northern Extension Railways
Company" and "The Northern Railway Company of Canada" were
amalgamated into one company under the latter name. The amalgamation
was confirmed by Dominion Act 40 VIC Cap. 57, April 28, 1875.
AND WHEREAS effective February 24, 1888, under Deed of Union dated
January 24, 1888, The Hamilton and North-Western Railway Company, The
Northern Railway Company of Canada and The Grand Trunk Railway
Company of Canada were amalgamated into one Company under the latter
name. Dominion Act 58 VIC Cap. 58, May 4, 1888, enacted that it no longer be
necessary to keep separate accounts for these two companies.
AND WHEREAS by Order-in-Council No. P.C 181 dated January 30, 1923 the
Governor in Council approved an amalgamation agreement dated January
30, 1923, whereby The Grand Trunk Railway Company of Canada and
Canadian National Railway Company were amalgamated to form one
company under the name Canadian National Railway Company.
DYE A DURHAM CO. !NC. . Form No, SOD
Amended 1991
.<{
R~fer 'ir:;,.all instructions on reverse side.
lit' THE' MATTER OF THE CONVEYANCE OF (insert brief description of/and)
Township of Oro-Medonte (formerly Township of
Plan 51R-26885
Affidavit of Residence and of Value o{tng c6rf~deration
Form 1 - Land Transfer Tax Act
Part
Oro),
of the
Count v
west half of Lot it Concession 1,
of Simcoe. designated as Part 3.
BY (print names of sf{ fransfefors in full)
Canadian National Railway Company
~TO (see instruction 1 and print names of all transferees in full)
The Corporation of the Township of Oro-Medonte
I, (S99 Instruction 2 and print name(s) in full)
Lynda Aiken
MAKE OATH AND SAY THAT:
1. J am (place a clear mark within the square opposite that one of the (olfowing paragraphs that describes the capacity of the depcnent(s)): (see instruction 2)
.'" (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
" {b) A trustee named in the above-described conveyance to whom the land is being conveyed;
{c} A transferee named in the above-described conveyance;
o (d} The authorized agent or solicitor acting in this transaction for (insert name(s) of principsl(s))
described in e'jj~t~h(s) (a), (b), {c} above; (strike our references to inapplicsble paragraphs)
[29 (e) TheR~Yi~::t:;~~~~g:~Y;;:x:Hi'>>.zt~~~N authorized to act for (insertname(s)ofcorporation(s))
The Corporation of the Township of Oro-Medonte
described in paragraph(s) (>>.), (b), K) above; (strike out references to inapplicable paragraphs)
o (f) A transferee described in paragraph( ) (insert oniy one of paragraph (a), (b) or (c) above, as applicable) and am mak ing th is affidavit on my own behalf and on
behalf of (insert name of spouse) who is my spouse described
in paragraph ( I (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to,
2. (To be completed where the value of the consideration for the conveyance exceeds $400,000).
I have read and considered the definition of "sing!e fam i!y residence" set out in clause 1 (1) (ja) of the Act. The Jand conveyed in the above.described conveyance
o contains at least one and not more than two single family residences. NDIX!: Clause 211 Ildl imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence. cent upon the value of consideration in excess of $400.000 where the convey-
o contains more than two single family residences. (see instruction 3) ance contains at least one and not more than two single family residences.
3. ! have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and {g} of the Act
and each of the following persons to whom or in trust for whom the !and is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-fesident person" as set out in the Act. (sse Instructions 4 and 5) None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATEO AS FOLLOWS:
(a) Monies paid or to be paid in cash $ 40,000.00
(b) Mortgages (i) Assumed (show princlpa/snd interest to be credited against purchsse price) $
(iO Given back to vendor. $
(c) Property transferred in exchange (detail below) $
(d) Securities transferred to the value of (detail below) $
(e) Liens, legacies, annuities and maintenance charges to which transfer'is subject $
(f) Other valuable consideration subject to land transfer tax (detail below) $
Aff Blanks
Must Be
nil
nil
Filled In.
Insert "Nil"
191 VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (fJ)
(h) VALUE OF ALL CHATTELS - items of tangible persona! property
(Retail Sales Tax is payable on the value of all chattels unless exempt under
the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) .
(i) Other consideration for transaction not included in (g) or (h) above
01 TOTAL CONSIDERATION
$ 40,000.00
$ 40,000.00
Where
Applicable.
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
$ nil
$ nil
$ 40,000.00
n/a
6. !f the consideration is nomina!. is the land sUbject to any encumbrance?
7. Other remarks and explanations. if necessary.
Orillia,
Sworn before me at the
in the County of
th")) ~,~, day
A CommisSioner f
19 97
Lynda Aiken
Prop
erty Infornfation Record For Land Registry Office Use Only
De~cribe nature of instrument: Transfer/Deed of Land Registration No.
W Address of property being conveyed (If available) Not Assigned
'1) Assessment Rol! No. (ifavai/able) Not Assi~ned
/Jailing address(es} for future Notices of Assessment under the Assessment Act for property being
conveyed {see instruction 7) P.O. Box 100. Registration Date La.nd Registry Office No,
Oro, Ontario LOL 2XO
iii Re istration number for Jast conve ance of ro ert bein conve eel ifavai/able
A.
B.
.
D. gyp p y g y
(ij) Legal description of property conveyed: Same as in D.W above. Yes No 0 Not known
E. Name(s) and address{es) of each transferee's solicitor
Douglas S. Christie, RUSSELL, CHRISTIE, MILLER, KOUGHAN
76 Coldwater St. E., P.O. Box 158, Orillia, Ontario L3V 633
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic ? Yes 0 No 0
(b) !f Yes. do ail individual transferees wish to be Roman Catholic Separate School SuppOr1ers? YesO No 0
(c) Do all individual transferees have French Language Education Rights? YesO No 0
(d) If Yes, do an individual transferees wish to support the French Language School Board (where established)? Yes 0 No 0
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