THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW BEING A BY-LAW TO AUTHORIZE THE PURCHASE OF PART OF LOT 18, CONCESSION 2, PART 1 28R14660, TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS, GEOGRAPHIC TOWNSHIP OF LANSDOWNE, COUNTY OF LEEDS. WHEREAS pursuant to the provisions of Section 8 of the Municipal Act, R.S.O. 2001, c. 25, as amended, the Council of every municipality 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 Township has agreed to purchase from Todd William Grier and Kathryn Grace Grier land described as: (i.) Part of Lot 18, Concession 2, Lansdowne, being Part 1 on Plan 28R-14660; Township of Leeds and the Thousand Islands, County of Leeds; being all of PIN (LT). NOW THEREFORE, according to Section 11(1) and 27(1) of the Municipal Act, R.S.O. 2001, c. 25, as amended, the Council of The Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. That the land described in paragraph (i.) of this by-law be transferred from Todd William Grier and Kathryn Grace Grier to The Corporation of the Township of Leeds and the Thousand Islands for the sum of $8,00, to be funded from the Landfill Liability. 2. That the Mayor and Clerk are hereby authorized to execute any and all documents and to do anything necessary to complete the purchase and transfer of property described in (i.) of this by-law. 3. That this By-law shall come into force and effect upon the date of the final passing thereof. READ A FIRST AND SECOND THE THIS 14th DAY OF NOVEMBER, READ A THIRD TIME AND FINALLY PASSED THIS 14th DAY OF NOVEMBER, Joseph Baptista, Mayor anessa atimer, Cler

2 ESTIMATED FUNDS SUMMARY RE: The Corporation of the Township of Leeds and the Thousand Islands purchase from Grier Part Lot 18, Lansdowne, Closing Date: November 17, 2016 Our File No.: To vendor on closing $7,50 Ontario Land Transfer Tax 4 DISBURSEMENTS: Not Subject to HST (Agency) Registration of Deed $ Client to bring in certified cheque payable to Templeman Menninga LLP, in trust in the amount of: $7, E. & O. E. Errors & Omissions Excepted This summary represents our current estimate of the funds required in this transaction and is subject to any errors, omissions or changes determined prior to or at closing.

3 DIRECTION RE TITLE TO: AND TO: RE: Kathryn Grace Grier and Todd William Grier Clarke & Wright Professional Corporation Barristers and Solicitors The Corporation of the Township of Leeds and the Thousand Islands p/f Grier Part Lot 18, Lansdowne, I HEREBY AUTHORIZE AND DIRECT you to engross the deed or transfer with respect to the above transaction as follows: THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS Address for. service: 1233 Prince St. Lansdowne, ON KOE 1L0 AND FOR SO DOING this shall be your good, sufficient and irrevocable authority. UNDERTAKING TO READJUST IN CONSIDERATION of and notwithstanding the closing of the above transaction, the undersigned hereby undertakes to readjust the statement of adjustments after closing should the same be found to contain any errors or omissions, forthwith upon written demand. DATED at Lansdowne, this day of November, THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS Name: Jo aptis Title: Mayor Nam Title: Clerk sa Latimer

4 HARMONIZED SALES TAX CERTIFICATE AND INDEMNITY TO: Kathryn Grace Grier and Todd William Grier (the "Vendor") AND TO:, RE: Harry Charles John Clarke, their solicitor herein Purchase by The Corporation of the Township of Leeds and the Thousand Islands (the "Purchaser") of Vacant Land, Part Lot18, Lansdowne, Ontario Part 1 28R14660 (the "Property") IN CONSIDERATION OF and notwithstanding the closing of the above-noted transaction, the undersigned hereby covenants and agrees that with respect to harmonized sales tax ("HST") payable pursuant to the Excise Tax Act Canada (the "Act") by reason of the sale of the Property: 1. The Purchaser agrees on their own behalf that, having paid or agreed to pay the consideration for the Property, and are liable for the payment of and hereby covenant to self-assess, file returns, report and remit, if applicable, any HST owing on the sale of the Interest to the Receiver General to the extent required by the Act. 2. The undersigned are HST registrants under the Act under Registration No RT0001, which registrations have not been withdrawn or revoked. 3. If the Purchaser is not purchasing the Property as principal for their own account, then the interests not being purchased by the Purchaser as principals are being purchased by the Purchaser as an agent, trustee or otherwise on behalf of or for another person(s) each of whom is a registrant under the Act; 4. The undersigned and all other beneficially interested parties shall file returns, report and remit, if applicable, any HST owing on the above noted sale to the Receiver General to the extent required by the Act; 5. The Purchaser on their own behalf and on behalf of all other beneficially interested parties shall indemnify and save harmless the Vendor from any HST, penalty, costs, interest or other amount which may be payable by or assessed against the Vendor under the Act as a result of or in connection with the Vendor's failure to collect and remit any HST applicable in this transaction or as a result of any failure by the Purchasers to comply with the provisions of this Certificate and Undertaking. DATED at Lansdowne this 14-4k day of November, THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS Name: Joe B Title: Mayo Nam anessa a imer Title: Clerk

5 ACKNOWLEDGEMENT AND DIRECTION TO: AND TO: RE: ROLF M. RENZ Templeman Menninga LLP Barristers & Solicitors The Corporation of the Township of Leeds and the Thousand Islands purchase from Grier Part Lot 18, Lansdowne, File No.: This will confirm that: I/We have reviewed the information set out in this Acknowledgment and Direction and in the document described below (The "Document"), and that this information is accurate: You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on our behalf the Document in the form attached. The effect of the Document has been fully explained to the undersigned, and the undersigned understand that the undersigned am party to and bound by the terms and provisions of the Document to the same extent as if the undersigned had signed them; I/We am/are in fact the party named in the Document and the undersigned have not misrepresented our identity to you; DESCRIPTION OF ELECTRONIC DOCUMENT The Document described in the Acknowledgment and Direction is the document named below which is attached hereto as "Document in Preparation" and is: X Transfer DATED at Lansdowne, this /04day of November, WITNESS (As to all signatures, if required) THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS Name: Title: May Nam Vanessa Latimer Title: Clerk

6 LRO # 28 Transfer In preparation on at 12:34 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2 Properties PIN LT Interest/Estate Fee Simple Split Description Address PT LT 18 CON 2 LANSDOWNE BEING PT 1 28R14660 TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS LANSDOWNE Consideration Consideration $ 8,00 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name Address for Service GRIER, KATHRYN GRACE Acting as an individual do Harry Charles John Clarke, Clarke & Wright Professional Corporation, Banisters and Solicitors, 280 King Street East Gananoque, Ontario K7G 1G5 I am at least 18 years of age. Todd William Grier and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Name Address for Service GRIER, TODD WILLIAM Acting as an individual do Harry Charles John Clarke, Clarke & Wright Professional Corporation, Barristers and Solicitors, 280 King Street East Gananoque, Ontario K7G 1G5 I am at least 18 years of age. Kathryn Grace Grier and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name Address for Service THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS Acting as a company 1233 Prince St., Lansdowne, ON, KOE 1L0 STATEMENT OF THE TRANSFEROR (S): The transferor(s) verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene the Planning Act. STATEMENT OF THE SOLICITOR FOR THE TRANSFEROR (S): I have explained the effect of the Planning Act to the transferor(s) and I have made inquiries of the transferor(s) to determine that this transfer does not contravene that Act and based on the information supplied by the transferor(s), to the best of my knowledge and belief, this transfer does not contravene that Act. I am an Ontario solicitor in good standing. STATEMENT OF THE SOLICITOR FOR THE TRANSFEREE (S): I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in the Planning Act, and to the best of my knowledge and belief this transfer does not contravene the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Calculated Taxes Provincial Land Transfer Tax $4

7 LRO # 28 Transfer In preparation on at 12:34 This document has not been submitted and may be incomplete. yyyy mm dd Page 2 of 2 File Number Transferee Client File Number: 05913

8 LAND TRANSFER TAX STATEMENTS 2016/11/04 12:34 In the matter of the conveyance of: PT LT 18 CON 2 LANSDOWNE BEING PT 1 28R14660 TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY: GRIER, KATHRYN GRACE GRIER, TODD WILLIAM TO: THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE %(all PINs) THOUSAND ISLANDS 1. JOE BAPTISTA, MAYOR AND VANESSA LATIMER, CLERK I am (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; (d) The authorized agent or solicitor acting in this transaction for described in paragraph(s) U above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS described in paragraph(s) (C) above. (f) A transferee described in paragraph ( ) and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Fair market value of the land(s) (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) (h) VALUE OF ALL CHATTELS - items of tangible personal property (i) Other considerations for transaction not included in (g) or (h) above (j) Total consideration PROPERTY information Record A. Nature of Instrument: Transfer LRO 28 Registration No. B. Property(s): PIN Address LANSDOWNE Date: Assessment Roll No 8,00 8,00 8,00 C. Address for Service: 1233 Prince St., Lansdowne, ON, KOE 1L0 D. (i) Last Conveyance(s): PIN Registration No. (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes No Not known