HomeMy WebLinkAboutBy-law No. 2017-097 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-097
A BY-LAW TO AUTHORIZE THE TRANSFER OF LANDS OWNED BY THE
MUNICIPALITY OF BAYHAM BY WAY OF A LAND EXCHANGE
AGREEMENT
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a
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 Section 268(1) of the said Municipal Act provides in part that every municipality
with authority to sell land shall pass a by-law establishing procedures governing the safe of land.
AND WHEREAS the Municipality of Bayham passed By-law No. 2015-021 to establish a
procedure governing the sale of municipal owned land.
AND WHEREAS the Council of the Municipality of Bayham is desirous of transferring property
owned by the Municipality and has completed procedures pursuant to By-law No. 2015-021 for the
sale of the subject lands.
AND WHEREAS the Proponent, 2526998 Ontario Inc., is the owner of the lands described as
Part 1 of Reference Plan 11R-10220, and TBD Plan +/-1,507 m2 in the Municipality of Bayham,
in the County of Elgin (the 'Proponent Lands');
AND WHEREAS the Municipality is the owner of the lands described as Part 2 of Reference
Plan 11 R-5136 and Part 1 of Reference Plan 11 R-10217, in the Municipality of Bayham, in the
County of Elgin (the 'Municipality Lands');
AND WHEREAS the Proponent has agreed to convey the Proponent Lands to the Municipality
in accordance with the provisions of the attached Land Transfer Agreement in exchange for the
Municipality conveying the Municipality Lands to the Proponent;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to
execute all documents as may be necessary to provide for the transfer of real property
described as Part 2 of Reference Plan 11R-5136 and Part 1 of Reference Plan 11R-
10217, in the Municipality of Bayham, in the County of Elgin (the 'Municipality Lands') to
the Proponent in exchange for the Proponent Lands of Part 1 of Reference Plan 11 R-
10220, and TBD Plan +/-1,507 m2 in the Municipality of Bayham, in the County of Elgin
(the 'Proponent Lands');
2. THAT the Council of the Municipality of Bayham authorizes the Clerk to insert the
registered description of TBD Plan +/-1,507 m2 into the By-law and Land Transfer
Agreement upon completion of the Registered Plan;
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3. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to
execute all ancillary agreements pursuant to the agreement of purchase and sale;
4. THAT this by-law shall come into full force and effect upon the completion of the
registration of TBD Plan +/-1,507 m2, by the Proponent, and the insertion of the
registered plan number pursuant to Section 2 of this By-law.
5. THAT this by-law shall not come into force and effect without the completion of the
registration of TBD Plan +/-1,507 m2 by the Proponent.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF
SEPTEMBER 2017.
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