1991-023 Medonte
THE CDRPORATION OF THE TOWNSHIP OF MEJX)NTE
BY-LAW NO. 1991-23
BErN; a By-law to authorize the sale of land described as Part of Lot 62,
Concession 1, Township of Medonte, County of Simcoe - Darlene Gamble.
~
WHERE'AS pursuant to Section 193 (1) of The Municipal Act, R.S.O. 1980, Chapter
302, Council is empowered to sell or otherwise dispose of lands owned by the
Corporation of the Municipality where Council detennines that the said lands are
no longer required for municipal purposes;
AND WHERE'AS Council has detennined that the lands described in Schedule "A"
annexed hereto are no longer required for municipal purposes;
l'Of 'JHEREIiORE the Council of the Corporation of the Township of Medonte hereby
enacts as follows:
~
1 . That the sale of lands canposed of Part of Lot 62, Concession 1, Township of
Medonte, County of Simcoe (more particularly described on Schedule "A"
attached hereto) is hereby authorized.
2. That the Reeve and Clerk are hereby authorized to execute an Agreement of
Purchase and Sale in the fOITIl of Schedule "B" attached to and fonning part
of this By-law, and all documents necessary to give effect to the said By-
law.
BY-LAW read a first and second time this 12th Day of August, 1991.
BY-LAW read a third time and finally passed this 12th Day of August, 1991.
<DRroRATION OF '!HE 'ltHlSHIP OF MEIX>NI'E
-
~
SCHEDULE "A"
ALL AND SINGLUAR that certain parcel or tract of land
and premises situate lying and being in the Township of Medonte J in the
~- -._---,-~,--~----
County of Simcoe and Provinre of Ontario J and being composed of part of the
t
East Forty (40) acres of Lot Number SIXTY -TWO (62) in the FIRST ( 1 )
Concession of the said Township'of Medonte, and which said part may be
more particularly described as follows:
COMMENCING at the South-easterly angle of said Lot Sixty..two (62) in'the
t
First (1) Concession of the said Township, which is the plac e of beginning;
THENCE Westerly along the Southerly limit of said Lot J a distance of
Nine hundred and ninety (990') feet to a point;
THENCE Northerly and parallel to the Easterly limit of said Lot, a distance
of Three hundred and twenty-one (321') feet to a point;
THENCE Easterly and parallel to the Southerly limit of said Lot Ja distance
of Nine hundred and ninety (990') feet more or less to a point on the Easterly
limit of said Lot;
THENCE Southerly along the Easterly limit of said Lot Sixty-two, a distance
of Three hundred and twenty-one (321') feet more or Ie ss to the place of
be ginning.
It The lands herein intended to be conveyed are part of those also described in
registered Instrument Number 7181 for Medonte and also part of the excepted
lands described in registered Instrument Numbe r 11910 for Medonte.
.
'+
AMENDijD JULY 1986
DYE & DURHAM CO. LIMITED
Form No. 116
OFFER TO PURCHASE
AGREEMENT OF PURCHASE AND SALE
11_ ~l)~~~.A;MB~
. , . . . . , , . . . . . . . . . . . . . . . .
Df the~ ~ ~ Hamlet~
of ~ Spanish
(as Purchaser) having inspected the Property hereby agree to and with
~TaE. ~CO~Rl'QMTIQ.NOJ!'m '.fQ~SHJP ~ ~OJ!'~:tfEl)()lITE ~
(as Vendor), through
~no~
Agent for Vendor
in the ~
em as
~'f()'ffl~h:ip~
~ ~ ~part ~ ~of. ~ Lot ~62~ ~Conces~sion ~.l ~
~ ~side of ~the. .r.o~ad~ ~allowance ~between ~ Conc~esa:i.ons~ ~:l ~ .and 2
~ ~ ~ ~of ~ ~ ~ ~ecl()Ilte ~
,'.........
to purchase all and singular the premises situate on the~ ~ west~ ~ ~
~ ~ (herein called "the Property")
having frontage of about ~ ~ ~ ~ ~ ~32~1. ~ feet~ ~
more or less, by a depth of about ~ ~ ~ ~990 ~ ~f.eet ~
~ more or less,
1fiXiJ!j
~.~
~~a~~~
Registered in the Land Registry Office ~ f<:H:: ~the~RegiatryJ.U,vis;i,()n ~ ~of~ ~tbe~C()1,1nt;.y()f ~ S:i.~CQe ~ (.NQ~ ~.51J ~
at the price or sum of ~ :FJF.TY 'fJ:IR.E:ETIlO1JS1\N]) S:I)( ~H1.Jl{J)~))1\N]) ~ 1,1lE:~NTI~ ~()N:E~ ~
~ Dollars ($5~31()2J~()() ~)
101l0ws: FIVE ~ ~THOUSAND ~ ~1'HREE ~ HUNDRED~ ~AND~ ~ SIXTY~ ~ TWO ~ DOLLARS ~AND~ ~ TE.N ~ CENT~S~ ~ ~ ~ Dollars ($ ~ ~ 5~ 36~2~. ~1O ~ ~ ~ ~ )
or certified cheque to the said /JgJmt:/ Vendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement, and to be credited
account of purchase money on closing, and covenant, promise and agree to
pay the balance of the purchase price by cash or certified cheque to the said Vendor, subject
to the usual adjustments, on closing.
This Agreement is conditional upon the approval of the Council of the Corporation of the
Township of Medonte until 11:59 p.m. on the 12th day of August, 1991, failing which this
Agreement shall be null and void and the Purchaser's deposit shall be returned in full
without interest or penalty.
The following usual covenants shall be excluded from the Transfer to be executed by the
Vendor:
1. That the Transferor has the right to convey the lands to the Transferee.
2. That the Transferee shall have the right to quiet enjoyment of the lands.
If this transaction is subject to Goods and Services Tax (G.S.T.) then such G.S.T. shall be
in addition to and not included in the purchase price, and G.S.T. shall be collected and
remitted in accordance with applicable legislation. If this transaction is not subject to
G.S.T.,. the Vendor agrees to provide on or before closing to the Purchaser or Purchaser's
solicitor a certificate in the form prescribed by the applicable legislation (if so
prescribed, or otherwise in a form reasonably satisfactory to the Purchaser or Purchaser's
solicitor) certifying that the transaction is not subject to G.S.T. "G.S.T." means the tax
commonly referred to as the "Goods and Services Tax" contemplated by Bill C-62, Third Reading
April, 1990, of the Parliament of Canada, or as may be subsequently enacted into law.
T:hec't!KJWtR114"':HiRtX~roJaI6:J11:!eKdc.l1i1:Ign~OCIiIJI!~~IbK~j!CIK11!I;JIliX:IbKIliKN1tHiKItiIII\IIIIII:JgK~1IiX1f1Xi'Ii1ll~:z,Wi~~
WS1:\NM::IIKDtaf~:JiI1W~i:J:!:JII~~~K)tHig:mtilAJA~~~~~IiIlOlt~~HiiCf\{Mi~.X
All fixtures shall remain with the Property, except:
ene
and the following chattels, the property of the Vendor, shall be included in this sale for the price above-mentioned:
None
This Offer shall be irrevocable by the Purchaser until 11:59 P.M~onthe 12th . ,,\. ,. ..,{I€\y,pj,~!~. ~"....~
time, if not accepted, this Offer shall be null and vOid and the deposit returned to the Purcha8~PWltm iAa;~t 'or' 6e. 3
O~lrrl'" OYU"!:IiO ''J
PROVIDED the tllle IS good and free from all encumbrances, except as aforesaid, and except BQf(r8~ aJ<.~ r;;Qf,re~~t.!t:'i~ir~'t.elePhone or like services
.e Property; said tille to be examined by the Purchaser at his own expense, and the purch~ f any title deed, abstract of tille, survey,
f or eVidence of tille, other than those In Vendor's possession or under his control; and provi .. r to accept the Property
:Jlectto MUnicipal requirements. including bUilding and zOning by-laws, minor easements as ti.. ~~ that run with the land.
until the 5th day of August, 1991 ~IIIY" ~__._.._.n_
The Purchaser to be allowed ~ ~ ~ lill,. f I '11 JJ.!L 8f UUrltal.__ _, ,I.I~ ellv' to investigate the tille at his own expense, and if within that time he
shall furnish the Vendor in writing with any valid objection to the tille, or to any outstanding Municipal work orders or deficiency notices affecting the Property, or non-compliance
with zoning by-laws, or that the present use of the Property may not be lawfully continued, or that the buildings on the Property may not be insured against risk of fire,
which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts
or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction, and the Vendor and the Agent shall not be liable for any
costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the tille of the Vendor to the Property.
19 9 ~ after which
The Vendor hereby consents to the municipality releasing to the purchaser details of all outstanding Municipal work orders or deficiency notices affecting the Property.
This Agreement shall be completed on or before the ~ ~ ~ ~ ~ 15~th~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ day of ~ ~ ~August ~ ~ ~
Property is to be given to the Purchaser unless otherwise provided for herein.
. 19 ~9~1. on which date vacant possession of the
Until completion of sale all buildings and equipment on the Property shall be and remain at the risk of the Vendor until closing and the Vendor will hold all policies of insurance
effected on the Property and the proceeds thereof in trust for the parties hereto, as their interests may appear. In the event of damage to the said. buildings and equipment
before the completion of this transaction, the Purchaser shall have the right to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupon
the Purchaser shall be entilled to the return, without interest or deduction, of all moneys theretofore paid on account of this purchase.
Unearned fire insurance premiums, fuel, taxes, interest, rentals and all local improvements and water rates to be proportioned and allowed to the date of completion of sale.
Transfer/Deed to be prepared at the expense of the Vendor in a form acceptable to the Purchaser's Solicilor, and if a Charge/Mortgage is to be given back, same to be
prepared at the expense of the Purchaser on a form acceptable to the Vendor's Solicitor.
The Transfer / Deed to be given to the Purchaser shall contain a statement completed by the Vendor and the Vendor's Solicitor pursuant to Section 49(21a) of the Planning
Act, 1983,
This Agreement shall be effective to create an interest in the real property only if the applicable land division provisions of the Planning Act are complied wilh, and the Vendor
agrees, at his expense, to comply with such provisions and to proceed diligently with the application for such compliance.
The Vendor, 011 or before completion, will produce evidence that he is not now, and upon completion will not be, a "non-resident person" within the meaning and for the
purposes of Section 116 of the Income Tax Act of Canada or if he is a "non-resident person" will fully comply with the provisions of Section 116 of the said Act prior to completion.
(over)
f
The Affidavit of Residence and of Value of the Consideration required under the Land Transfer Tax Act shall be prepared by the Purchaser.
"
If the Spouse of the Vendor has not executed this Agreement. the Vendor represents and warrants that the completion of this transaction will not contravene the provisions
of the Family Law Act, 1986.
This Offer. when accepted. shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement.
It is agreed that there is no representation. warranty, collateral agreement or condition affecting this Agreement or the Property or supported hereby other than as expressed
herein in writing~
Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or upon the Solicitor acting for the party on whom tender is desired. and it
shall be sufficient that a negotiable certified cheque be tendered instead of cash.
Each party to pay the costs of registration and taxes on his own documents.
This Offer and its acceptance to be read with all changes of gender or number required by the context.
DATEDaL~~' ~(\;M~ ,
IN WITNESS WHEREOF
this
,3o~
~ ~ ~ ~ ~ ~ ~ ~day of
~~~~~
~~~~~19~~91
e
~have hereunto set ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~hand ~ ~ ~ ~ ~and seal.
SIGNED. SEALED AND DELIVERED
in the presence of:
'-\'f\ Q~~L~~~5'--
.~~.~....
DARLENE GAMBLE
~ ~ . .. (AHix Seal)
.................
(Affix Seal)
Purchaser
e
KWE, hereby accept the above Offer and its terms, and covenant, promise and agree to and with the above-named Purchaser to duly carry out the same on the terms and
conditions above mentioned. and ~ ~ ~we~ ~ hereby accept the deposit of $~.5, 362.~10~ ~ ~ ~~,1b.~~......x..J<x1nnlhlo""~~'IIf._.."
~xx.xx:x~,.""''''.....,....~-.nnJj1Mr._.IU'J<~IX~''II''.,.41<...a.
~...,.._EItlR'~.,-"""!!'VtJSI'I.IO.'II"U'W'IIOI!r'.J'I1II.."'~.
(Strike our above ;/ not appUcable) .. A 11.
DATEDA~fJ~fuP~&F-:/Y:E.,OON'n:..~~~~this ~ L~~~ ~~dayof ~.~~H44,lJ.~~~
~ ~~ ~ ~ 199~1..
IN WITNESS WHEREOF ~
we
~ ~ ~ ~ ~ have hereunto set ~ our
~ hand ~ ~~ ~ ~ and seal.
SIGNED. SEALED AND DELIVERED
In the presence of:
THE CORPORATION OF THE TOWNSHIP OF MEOONTE
~i1-M+m'.~ ~ ~~ (Affix Seal)
Per:~~.~~~..
~.
(Affix Seal)
...,............ .........
Spouse of the Vendor
............
(Affix Seal)
I hereby acknowledge receipt of a signed copy of this accepted Agreement of
Purchase and Sale.
I hereby acknowledge receipt of a signed copy of this accepted Agreement of
Purchase and Sale.
Date ~
~. Date ~
...............
(Vendor)
(Purchaser)
e
~ Date ~
...,........
~ . . ~ ~ . . ~ ~ . Date ~ ~ .. . . . . . ~ . .. . . . . . . .. . ..
(Vendor)
(Purchaser)
Address: ~
Address: ~ ~ ~
. . , . . . . . . . . . . . . . . . .
......,.....,.....,....,...................
"..... CIOIJ XV:l _~-gZC (SOL)
Telephone No. ~ ~ ~ ~ ~ ~ ~ ~ ..iBi.lt~~~;~~~
8I:IO.I.JOI108 . ~'MMI
Vendor's Solicitor ~ ~ ....,.,.......10 . _111'....
tMII)f1())I .. ftft , 11M
Telephone No. ~
Purchaser's Solicitor ~ ~
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. . . . , . . . . . . . . .
...........
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