1991-017 Medonte
TOWNSHIP OF MEDONTE
BY-!JlW NO.1991-17
BEING 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
e
WHEREAS The Municipal Act, R.S.O., Chapter 302, Section 210,
Paragraph 50 (c), provides for the sale of lands no longer required
for the purpose of the Municipality;
AND WHEREAS it is deemed expedient to authorize the sale of
4t the lands hereinafter described;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
MEDONTE HEREBY ENACTS AS FOLLOWS:
1. That the sale of lands composed 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 form of Schedule "B"
attached to and forming 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 15th day of July
, 1991.
By-law read a third time and finally passed this 15th day of
July , 1991.
CORPORATION OF THE
TOWNSHIP OF MEDONTE
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SCHEDULE "A"
ALL and Singular that certain parcel or tract of land and premises, situate, lying and
being in the Township of Medonte, in the County of Simcoe and
Province of Ontario, and being composed of part of the East half
of Lot Sixty-two (62) in the First Concession of the said
Township, which said part may be more particularly described as
fol1ows:-
CO~~IENCING at the South-easterly angle of said Lot Sixty-two(62)
in the First Concession of the said Township;
THENCE Northerly along the Easterly limit of said Lot, Eight
Hundred and Ninety-seven (897) feet to a point, being the PLACE
OF DEGINNING;
THENCE 'vesterly and parallel to the Southerly limi t of said Lo t,
Four Ilundred and Fiety (450) feet to a point;
THENCE Southerly and parallel to the Easterly limit of said Lot
Three Hundred and Fifty-three (.35.3) feet to a point;
THENCE Easterly and parallel to the Southerly limit of said Lot,
Four Hundred and Fifty (450) feet to the Easterly limit of the
said Lot;
THENCE Northerly along the Easterly limit of said Lot, Three
Hundred and Fifty-three (.35.3) feet to the PLACE OF DEGIIDJ'ING.
AMENDW JULY 1986
DYE & DURHAM CO. LIMITED
Form No. 116
..
'"
.
OFFER TO PURCHASE SCHEDULE liB"
AGREEMENT OF PURCHASE AND SALE
1I~X1QC~~ ~ PARL,E:NE; ~ ~G,A}1]jLE
of the~ ~ fiamlet
of
Spanis.h ~
(as Purchaser) having inspected the Property hereby agree to and with
'rhe ~Co-rPQrat:i.Qnof the ~ Township ~o.f ~ Medonte
(as Vendor), through ~no~ ~
Agent for Vendor
to purchase all and singuiar the premises situate on the ~ we s t ~
~side of~ ~t.he~ ~ r:oad~ ~allowance~ ~between ~ Conce~s.sions~ ~ 1 ~ ~and 2
in the
_known as
1:ownship ~ ~
part QiLot62,ConcessionL
~ ~of
~Nedon te ~
~ ~ (herein called "the Property")
having frontage of about ~ ~ ~ ~ .353 feet ~
~ ~ ~ ~ ~ more or less, by a depth of about ~ ~4.50~ ~ fee~t~
~ ~ more or less,
~~~.~~ ~~~
Registered in the Land Registry Office ~ ~f.or. theRegi.str:y~~o~f. ~ ~the ~Gounty ~ of ~ ~S~imcoe~ ~(No. ~ 51). ~
at the price or sum of ~ ~ ~ ~ ~Forty~ ~One~ ~ Thousand ~ Six~ Hundr.ed~ ~and~ ~ Nine~ty~ ~Six. ~
~ ~ Dollars ($ 41, 696~. 00)
_as follows: ~VQur. ~ ~Thousand ~One~ ~Hundred ~ Sixty ~ Nine~ ~ Dollars~ ~and~Sixty~ ~cen~ts ~ ~ ~ ~ ~ ~ ~ ~ ~ Dollars ($4,169.~60 ~ ~ ~ ~ ~)
. cash or certified cheque to the said ~/ 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 of purchase money on closing, and covenant, promise and agree to
pay the balance af the purchase price by cash ar certified cheque to. the said Vendar, subject
to. the usual adjustments, an clasing.
This Agreement is canditianal upan the appraval af the Cauncil af the Carporatian af the
Tawnship af Medante until 11:59 p.m. an the 15th day af July, 1991, failing which this
Agreement shall be null and vaid and the Purchaser's deposit shall be returned in full withaut
interest ar penalty.
The fallawing usual cavenants shall be excluded fram the Transfer to. be executed by the Vendar:
1. That the Transferar has the right to. canvey the lands to. the Transferee.
2. That the Transferee shall have the right to. quiet enjayment af the lands.
If this transactian is subject to. Gaads and Services Tax (G.S.T.) then such G.S.T shall be in
~dditian to. and nat included in the purchase price, and G.S.T. shall be callected and remitted
~n accardance with applicable legislatian. If this transactian is nat subject to. G.S.T., the
Vendar agrees to. pravide an ar befare clasing to. the Purchaser ar Purchaser's salicitar a
certificate in the farm prescribed by the applicable legislatian (if sa prescribed or
othe:wi~e in a farm reasan~ly ,satisfactary to. the Purchaser ar Purchaser's salicitar)
cert~fy~ng that the transact~an ~s nat subject to. G.S.T. "G.S.T." means the tax commanly
referred to. as the "Gaads and Services Tax" cantemplated by Bill C-62, Third Readying April
199.0, of the Parliament af Canada, ar as may be subsequently enacted into. law. '
All fixtures shall remain with the Property, except:
_ None
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 ~:~ 5~ 9~ ~ ~ P ~M. on the 15 ~t h ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ day of. ~J.ul y ~ ~ 199~ l~ after which
time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without interest or deduction.
PROVIDED the title is good and free from all encumbrances, except as aforesaid, and except local rates ~~Ja~~tts~f~r ~y~:'9aS,'t"~Phone or like services
_ to the Property: said title to be examined by the Purchaser at his own expense, and the PurchaslMAMl1)UGI)If~..$IIfuIjuCti"liiiQf 'any title deed, abstract of title, survey,
. proof or evidence of title, other than those in Vendor's possession or under his control: and provided the same have ~~,t~PI~With{ the Purchaser to accept the Property
subject to Municipal requirements, including building and zoning by-laws, minor easements as aboTWn~~~t~I!!~A~6~'C?.5 'r? covenants that run with the land.
until the 5th ~ day oJ Au~ust, 1991~c,l'V[
The Purchaser to be allowed ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~XIJI!I[Jll!:JUDlPlarzerot1t!lll:JOlillf to i Hisown expense, and if within that time he
shall furnish the Vendor in writing with any valid objection to the title, or to any outstanding Municipal work or !he 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 title of the Vendor to the Property.
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 ~ ~ Augu.st ~ ~
Property is to be given to the Purchaser unless otherwise provided for herein.
~ ~ 19 91 ~ 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 entitled 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 Solicitor, 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 with, and the Vendor
agrees, at his expense, to comply with such provisions and to proceed diligently with the application for such compliance.
The Vendor, on 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)
The Affidavit of Residence and of Value of the Consideration required under the Land Transfer Tax Act shail 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 wiil not contravene the provisions
of the Family Law Act. 1986~
This Offer. when accepted. shail constitute a binding contract of purchase and sale, and time in ail respects shail be of the essence of this Agreement.
It is agreed that there is no representation. warranty. coilateral 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
shail 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 ail changes of gender or number required by the context.
DAn":) at.
this
day of
July
1991
IN WITNESS WHEREOF
I
have hereunto set my~
hand ~ ~ and seal.
SIGNED, SEALED AND DELIVERED
in the presence of:
DARLENE GAMBLE
Purchaser
(Affix Seal)
(Affix Seal)
Purchaser
'tIWE. 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 Wf:!, hereby accept the deposit of $~4,169.60 ~ ~ ~~~
~,
)(~
xe out above if not applicable)
DATED AT~
~ ~day of July ~
19~91
this
IN WITNESS WHEREOF Wf:!,
have hereunto set 0 U r. ~ hand S ~ ~ ~ and seal.
THE CORPORATION OF THE TOWNSHIP OF tlliDONTE
SIGNED, SEALED AND DELIVERED
In the presence of:
Per.: ~
Vendor
(Affix Seal)
Pe .r~
(Affix Seal)
Vendor
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)
Date
~ Date
(Vendor)
(Purchaser)
Address:
Address:
Telephone No~
Telephone No~
WILLIAM ~S.KOUGHAN
RUSSELL. CHRISTIE. MILLER. KOUGHAN
BARRISTERS & SOUCITORS ~ ~
BOX 158. 76 COLDWATER STREET EAST
ORII,..LIA,ONTARIO ~L3V~8J3
(705) 325-1326 FAX (705) 327.1811
Purchaser's Solicitor
Vendor's Solicitor
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