HomeMy WebLinkAboutBy-law No. 1999-097 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 99-97
A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK
TO EXECUTE A QUIT CLAIM DEED FOR LANDS DES-
CRIBED AS SOUTH PART LOT 15, CONCESSION 3,
DESIGNATED AS PART 1, REFERENCE PLAN 11R-1579
IN THE MUNICIPALITY OF BAYHAM (BRYAN AND
GUNDY GOUTOUSKI)
WHEREAS the Council of the Corporation of the Township of Bayham enacted and
passed By-law No. 96-44 on July 18`h, 1996 to authorize the Reeve and Clerk to enter
into a site plan agreement pursuant to Section 41 of the PLANNING ACT, and the said
Agreement and By-law were registered in the Land Registry Office for the Registry
Division of Elgin No. 11 on August 28, 1996 as Instrument No. 371571;
AND WHEREAS the legal description of the subject property contained an error in the
said Agreement and By-law and therefore By-law No. 98-29 was enacted and passed on
April 2, 1998 and subsequently registered in the said Land Registry Office on August 11,
1998 as Instrument No. 387622 for the correct parcel of land;
AND WHEREAS the owners of the parcel described as the South Part of Lot 15,
Concession 3, designated as PART 1 on Plan 11R-1579, being Bryan and Gundy
Goutouski and their solicitor have requested the Municipality of Bayham to execute a
Quit Claim Deed to effect the sale of the subject parcel;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute a Quit Claim
Deed for lands described as Part Lot 15, Concession 3, designated as PART 1 ON
Plan 11R-1579.
2. THAT this By-law shall take effect upon the date of its passing.
3. THAT this By-law and the Quit Claim Deed shall be registered in the Land
Registry Office for the Registry Division of Elgin No. 11.
READ A FIRST AND SECOND TIME this 16th day of December, 1999.
READ A THIRD TIME AND FINALLY PASSED this 16th day of December, 1999.
�;..
MAYOR CLERK
Ih LYNDA MILLARD, CLERK
of the Corporation of the Municipality of Bayham,
certify thegoing a certified true copy
`
Dated this L.day of
/ J A
4,1. \if F 1!.•S..I' _
r :. o, ransller/ueec o pant A
V� Ontario
Form 1 — Land Registration Reform Act
(1) Registry K Land Titles ❑ (2) Page 1 of 2 pages
(3) Property Block Property
Identifiers) Additional:
See t�l
Schedule L�
(4) Consideration
r TWO Dollars$ 2. 00
J
z
O (5) Description This is a. Property ,_, Property
w Division Consolidation ❑
u,
D
ui Municipality of Bayham,
L County of Elgin,
O New Property Identifiers being the South Part of
cc
O Additional; Lot 15, Concession 3,
u. Se
Schedule ❑ designated as PART ONE(1) ,
Executions on 11R-1579.
Additional:
See ❑
Schedule
(6) This (a)Redescription (b) Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch ❑ 1 Description fl Parties 0 Other ❑
I QUIT CLAIM DEED
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
Name(s) Siature(s).____elY M o
THE CORPORATION OF THE
e
,2.f v i - / 2- //
MUNICIPALITY OF BAYHAM \) /11-; r ,
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Namefs) Signature(s) Y M D
(10) Transleror(s)Address
for Service P. 0. Box 160, Straffordville, Ontario. NOJ IYO
(11)Transfereki(s) Date of Birth
Y Mi D
.GOUTflUSKI r. GundX . H_947 05 02
GOUTOUSKI, Bryan . 1948 12 28
as Joint Tenants
(12) Transferee(s) Address
for Service P. O. Box 135, Vienna, Ontario. NOJ 1Z0
(13) Transferor(s)The transferor verifies that to the best of the iransleror's knowledge and belief,this transler does not contravene section 50 of the Planning Act
Date of Signature Date of Signature
Y M Di Y M h
nature '
Sig
Signature 1
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act In the transferor and I have made inquiries of the l'ansferor to
J 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
OName and , Y M 0
E
Address of Signature '
0 Solicitor
I
`o v (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
n4,z. reveal no contravention as set out in subclause 50 (22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transler
g E does not contravene section 50 of the Planning Act.I act independently of the solicitor for the transferor(s)and I am an Onlarro solicitor in good standing.
EE c v
c ug,i 11'6—c Date of Signature
� Name and Y M D
K o Address of .
a u,,E Solicitor
0
U1 Signature. ;
(15) Assessment Roll Number i Cty. Mun.I Map Sub. i Par. fin Fees and Tax
of Properlyi j not available z Registration Fee
1(16)Municipal Address of Property (17) Document Prepared by: Michael Doyle
R. R. # 1, DOYLE & PRENDERGAST j Land Transfer Tax
Vienna, Ontario. 10 Sydenham Street. , U
NOJ 1TO Aylmer, Ontario.
N5H 1L2 0l
MD/lw cr
o Total
JUL
A, ended 1991 Arnaavit OT t-cesioence ana ot value ot the Consideration
Form 1 - Land Transfer Tax Act
Refer to all instructions on reverse side.
IN THE MATTER QF THE C NVEY NCE OF (insert brie 1descr `pt' 1
o )
Municipality of� Baynam, county or k igen, being the Part
of Lot 15, Concession 3, designated as Part 1 , on 11R-1579 .
The Corporation of the Municipality of Ba ham
B Y(prin7 names of all transferors In full) P Y Bay
ham
gktexiittiMiritorzambibtapcXabati=aeviCpCsZitabuttioxximbheriErgozettlinixx±ciExftorirautor
Tt7" instru t and print names of ail transferees In Ml)
Gundy Goutouski and Bryan Goutouski
I, (see instruction 2 and print name(s)In full) —
Michael Doyle
MAKE OATH AND SAY THAT:
1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)); (see Instruction 2)
O (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
O (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(Insert names)of principal(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
O (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert name(s)of oorporatkn(s)) -
described in paragraphs) (a), (b), (c) above; (strike Out references to inapplicable paragraphs)
❑ (f) A transferee described in paragraph( 1(insert only one of paragraph(a),(b)or(c)above,as applicable) and am making this affidavit on my own behalf and on
behalf of (7neert name et spouse) who is my spouse described
in paragraph ( ) (insert only one of paragraph(a),(Nor(c)above,as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (Ta be completed where the value of the consideration for the conveyance exceeds$400,000).
I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance
O contains at least one and not more than two single family residences.
Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per
❑ does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey-
contains more than two single family residences.(see Instrrcton 3) ance contains at least one and not more than two single family residences.
3. i 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 land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act. (sae instructions 4 and 5) none -
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(s) Monies paid or to be paid in cash $ 2 . 00
(b)Mortgages (i) Assumed (show principal and Interest to be credited against purchase price) $ n i Z
Ili) Given back to vendor $ nil
(c) Property transferred in exchange (detail below) $ nil Aa blanks
nil
(d)Securities transferred to the value of (detail below) $ nil Must Be
(e) Liens,legacies,annuities and maintenance charges to which transfer•is subject $ - Peed In
nil
if Other valuable consideration subject to land transfer tax (deter beim) $ Insert.gyp.
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO 2. 00 2. 00 Where
LAND TRANSFER TAX (Total of(a) to (f)) $ $
(h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable.
(Retail Sales Tax is payable on the value of all chattels unless exempt under $ n i l
the provisions of the"Retell Sales Tax Act',R.S.O. 1980,c.454,as amended) n i 1
(i) Other consideration for transaction not included in Ig)or(h) above $
(i) TOTAL CONSIDERATION S 2. 00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
n/a
F. I I the consideration i.- •.he land subject to any encumbrance? no
7. Other ernarks aid e�piar;.'l�!a. =f necessary.
Is being registered to release any and all interest in the
previous Instrument No . 371571.
Sworn before me at the Town of Aylmer
in the County of Elgin
this day of 19
signatures)
A Commissioner for taking Affidavits,etc.
Property Intormation Record - For Land Registry Office Use Only
A. Describe nature of instrument Deed Registration No.
B. (i) Address of property being conveyed(if available E• R. # 1,
Vienna, Ontario. NOJ 1TO
(ii)Assessment Roll No. (if available)
C. Mailing addresses)for future Notices of Assessment underCthe Assessment Act for property being
conveyed(see instruction 7) P.O. Box 135,, Vienna, Ontario. Registration Date Land Registry Office No.
NO.7 1ZQ
D. (i) Registration number for last conveyance of property being conveyed(if available) -
(ii) Legal description of property conveyed: Same as in O.(il above. Yes❑ No❑ Not<nown ❑
E. Namelsi and address(es) of each transferee's solicitor
DOYLE & PRENDERGAST
10 Sydenham Street,
A lm-r Ontario. N5H 1L2
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes❑ No❑
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑
(cl Do all individual translerees have French Language Education Rights? Yes❑ No❑
(d) ii Yes,do all individual transferees wish to support the French Language School Board(where established)? Yes❑ No❑
NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 04490(90-09)
r-irrruad it I Q1116.1 Ur V aIUG vt ule VVI'slow atiorl
Form 1 - Land Transfer Tax Act
Refer to all.•nstructicns on reverse Side.
IN THE MATTER QF THE C NVEY NCE OFserfbrr7descripti o
Municipality of Bayham, County or " .gin, being the Part
of Lot 15, Concession 3, designated as Part 1, on 11R-1579.
BY (prinr names of all transferors in tole The Corporation of the MuniciRality of Bayham
R c C ataEx (tsc
T� 7inrsrn�rlcrion I and print names of all transferees in full)
Gundy Goutouski and Bryan Goutouski
I, (see instruction 2 and print name(s)in fine
Michael Doyle
MAKE OATH AND SAY THAT:
1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)); (see Instniction 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 lend is being conveyed;
® (c) A transferee named in the above-described conveyance;
❑ (d)The authorized agent or solicitor acting in this transaction for (insert names)ofpnncipal(s))
described in paragraph(s) (a), Ib), (c) above; (strike out references to inapplicable paragraphs)
O (e) The President,Vice-President.Manager,Secretary,Director,or Treasurer authorized to act for Omen names)of corporation(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inappllcabre paragraphs)
❑ (f) A transferee described in paragraph( 1(insert only one of paragraph(a),(b)or(c)above,as applicable) and am making this 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 persona!knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds S400,000).
I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance
❑ contains at least one and not more than two single family residences. Now Clause 2I1){d) 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-
arae contains at least one and not more than two single family residences.
0 contains more than two single family residences.(see instruction 3)
3. I 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 land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act. (see instructions and 5) none
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash $ 2 . 00
(b)Mortgages I i) Assumed (show principal and Interest to be credited against purchase price) $ nil
nil
(ii) Given back to vendor $ rill
(c) Property transferred in exchange (detail wow) - $ Alf Blanks
nil
(d)Securities transferred to the value of (detail below) $ ni 1 Must Be
(el Liens.legacies,annuities and maintenance charges to which transfer•is subject $ Filled in.
nil
(f) Other valuable consideration subject to land transfer tax (detail below) • . $ Insert"NW'
(g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(f)) $ 2. 00 2. 0 0 where
$
(h)VALUE OF ALL CHATTELS - items of tangible personal property Ali .
(Retail Sales Tax is payable on the value of all chattels unless exempt under $ n i 1
the provisions of the"Retail Sales Tax Act-,R.S.O. 1980,0.454,as amended) • - - • - n i 1
(i) Other consideration for transaction not included in(g)or (h) above $
(jl TOTAL CONSIDERATION $ 2. 00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction e)
n/a
g. I' :he consideration .s „^,, inst,is the land subject to any encumbrance? n0
7. nthcr rpme'i.- ^ ' t,.anstions, if necessary.
-ibis Deed is being registered to release any and all interest in the
previous Instrument No. 371571 .
Sworn before me at the Town of Aylmer
in the County of Elgin
this day of 19
•
signature(s)
A Commissioner for taking Affidavits,etc.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument
Deed Regisiratlon No,
B. (11 Address of property being conveyed(it available E. R. # 1 r
Vienna, Ontario. NOJ 1TO
(iii Assessment Roll No, (ifavailable)
C. Mailing addresses) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7)_ P.O. Bo X 135, Vienna, Ontario. Registration Date Land Registry Office No.
NOJ 1ZO
D. (i) Registration number for last conveyance of property being conveyed(if available)
iii) Legal description of property conveyed: Same as in D.(i) above. Yes❑ No❑ Not known ❑
E. Name(s)and address(es) of each transferee's solicitor
DOYLE & PRENDERGAST
10 Sydenham Street,
Aylmer , Ontario. N5H 1L2
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Cathotc 7 Yes❑ No❑
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑
(c1 Do all individual Iranslerees have French Language Education Rights? Yes❑ No❑
(d) If Yes,do all individual transferees wish to support the French Language School Board (where established)? Yes❑ No❑
NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 04491)(90-09)