HomeMy WebLinkAboutBy-law No. 2000-010 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2000-10
BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY
THAT PART OF THE ROAD ALLOWANCE DESCRIBED IN
SCHEDULE"A"DESIGNATED AS PART 2,PLAN 11R-6293.
WHEREAS Section 297 of the Municipal Act,R.S.O. 1990, Chapter M.45 permits Councils of
municipalities to pass by-laws to stop up, close and sell highways;
AND WHEREAS notice of this By-law has been published once a week for four successive weeks
in the Aylmer Express.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in
person,or by counsel, solicitor or agent, all persons claiming that their land will be prejudicially
affected by this By-law and who applied to be heard;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
expedient to stop up,close and convey that part of the Road Allowance as set out in Schedule"A"
attached hereto and forming part of this By-law to the adjoining land owner,being Bryan
Goutouski;
'THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT upon and after the passing of this By-law that portion of road allowance described in
Schedule"A" attached hereto and forming part of this By-law be and is hereby closed and
stopped up.
2. THAT all of that part of the said unopened road allowance herein before described and
stopped up shall be conveyed to the adjoining owner Bryan Goutouski.
3. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby
authorized to execute such deed or other documents as may be necessary to effect
conveyances of those parts of the said unopened road allowance described herein and which
have been stopped up and closed.
4. THAT this by-law shall come into full force and effect upon the date of its enactment.
5. THAT this by-law shall be registered in the Land Registry Office for the Registry Division
of Elgin,No. 11.
READ A FIRST AND SECOND TIME this 17th day of FEBRUARY,2000.
READ A THIRD TIME AM)FINALLY PASSED this 17th day of FEBRUARY,2000.
r
`*1i(/.- t Es`cC 7—
MAYOR CLERK
SCHEDULE "A"
To By-law 2000-10
PROPERTY DESCRIPTION
Part of the road allowance situated between Lots 15 and 16, Concession 3,in the Municipality of
Bayharn, County of Elgin more particularly described as Part 2 on Plan 11R-6293.
M,I..e L'iICICAM 4V INI: -ro)rr*1 No C1%Ir
I r1r°"'nCe Transfer/Deed of Land amended NOV. 1992
—5__ Ontarrn
Form 1 — Land Registration Reform Act
i--I -- Y
(1) Registry IX1 Land Titles 1. I (2) Page 1 of 3 % pages
(3) Property Block Properly
Identifier(s) Additional
See Schedule i ..1 1
(4) Consideration
} Two Dollars S2 .0 0
Z
O (5) Description This is a PropnrtyPlopr,ty
1/1 Division I - I Consolidation I-
rl
n
o Municipality of -Bayham, County of Elgin,
L. being part of the road allowance between
O New Property Identifiers Lots 15 & 16 , Concession 3, formerly Village
Addi I ions I
c see of Vienna , designated as Part 2 on 11R-6293.
Schedule Li
I Executions
Additrnnal
See -I
Schedule
L..a.
(6) This (a)Redescription ;(b) Schedure for (7) interest/Estate Tt;+rtsferr•+d
Document Now Easement Additional Fee Simple
Contains Plan/Sketch ' Description Parties Other 1
l_ ! I _� I-. II
(B) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eight^en years old and that
Date of Signature
• Y M D
Hamcrl signature(s) �-- -
;
THE CORPORATION OF THE MUNICIPALITY. =' )ir ;C ,.�-1:-{ t-,irt""e;'( . 20.00 . 02. /") .
OF BAYHAM Nicol
.,_(•,.,777-t K e%--,.,...,e'42: 4-, . P.0,Q . Q?. /. 7. .
�' r-r1-k
y(91 Spouse(s) of Transferor(s) I hereby consent to firs transaction Date of Signature:
Narnresf Signaturefs) Y M 17
(10) Transferor(s)Address
for Service P . 0. Box 160, Straffordvillee ON NOJ 1Y0
x(11) Transferee(s) Date of Birth
V M D
GOUTfhiSKT r--,an ,1947. . . Q5 02
�,-.. T r a'+sleree(s) A:1,.ir.
Iii ryi[i• P . O. Box 135 Vienna, ON NOJ 1Z0
13) Transferor(s) 1 Ili,ir;ulslr'Iou vrnhes lh it In the hest of the IrailslruJr's knowled(le and br,lrel.this Iran,for(toes not contravene section 50 of the Plannino Act
1 Date of Signature Dat-of Signature
Y M DY M l7
1 1
Signature pati?rr Signature .
Solicitor for Transferor(s) 11iave eyHair rod the effect of serlion 50 of the P1.lnning Ar•l ii1 Ihr tinnstntiii raid I hnvc node i11111sries ni II II't?ansfeirn 10
w determine that this transfer does nal contravene that section and based on thu inlnrrunlion r:epplir:cf by the litlnnleror• Id Urn best of my knowledge and
Z belief. this transfer does not contravene that Section I am an Ontario solicitor iii gond standing Dale of Signature
O Name and V M D
s--
Address of
Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .
i; n, (14)Solicitor for Transferee(s) I have nivc'r:li(latcd lila kthp In Ihr r 1;111'1 mut In,1hi IIui'rl In11(1 vrhrr- retie.;rill ;inti I ant s;llrs.hr(1 Ilial the IIID rrcor(l:^
'1 +c,., reveal nn('(Nltiavnr111()I1 aS net UM ill !,1,1l•ill,11iS0. 511(22)(o)(Ill 111 iIN' PLinrtrnrl Ail ,incl 111,0 In the host (l iris knel'..vIcdc e anti he3lrrl his ir.i15111)
is
t" -' nix's not cnnlumrne°x•cl nn 50 of U14'111:111,10 Art I,ICI uulnprnrlr'nily of filo.1 licilor Ini Ihn li.rnslrrni1crl ru(1 1;fru ao the'No':olicitoi in duos l ra,lndur.l
.n a,,
it Nar)re flnii Date of Sstnnlou '
V M [1
_ r A(1[Wss of
Solicitor
Signature.
(15) Assessment Roll Number ; Cly Min ; Map Sub Pm IIr T Fees and Tax
of Propertynot available
_(
Z Registration Fee
16) Municipal Address of Property r (17) Document Prepared by: n'
DOYLE & PRENDERGAST n Land transfer Tax
R. R. #1 10 Sydenham Street , East ��
Vienna, ON NoJ 1ZO Aylmer, ON N5H 1L2 I!� — - - -
(MD/ls File R 17431/99 ) o'
, x PI CO wC Fnrrn 'Jo 990
Frovin :e Amended NOV. 1992
Schedule
Form 5 — Land Registration Reform Act
Page
Additional Property Identifier(s) and/or Other Information --- — — ----
RECITALS :
WHEREAS the herein described lands were a Road Allowance closed by
The Corporation of the Municipality of Bayham, by By-Law No .
and registered as Instrument No
J
LL
OLi
Wcn' �
DYE&DURHAM CO.INC._EarmNo.5°°
Amended April 1489 Affidavit of Residence and of Value of the Consideration
Form I — Land Transfer Tax Act
Refer to all instructions on reverse side. Municipality of Ba hamCountyof Elgin,
IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) p y Bayham,
being part of the road allowanae:tbetween Lots 15 & 16, Concession 3, formerly
Village of Vienna, designated as Partt2 on 11R-6293 . _
BY(print names oiall transforms inhill) The Corooration of the Municipality of Bayham
TO(see instruction t and print names of ail transferees in full) Bryan Go Ut o U s k i
1, (see instruction 2 and print name(,)in full) Bryan G o u t o u s k i
MAKE OATH AND SAY THAT:
1. t
am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(,)): (see instruction 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 land is being conveyed:
13 (c)A transferee named in the above-described conveyance;
❑ (di The authorized agent or solicitor acting in this transaction for (Insert name(s)of principal(s))
described in paragraph is) la), (b), (c) above: (strike out'references to inapplicable paragraphs)
❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert name(s)or corporation(s))
described in paragraph(s) (a), lb}, (c) above; (strike out references to inapplicable paragraphs)
❑ (f) A transferee described in paragraph( )(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),(Nor(c)above,as applicable) and as such,I have personal knowledge of the facts herein deposed to.
2. (To 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
❑ contains at least one and not more than two single family residences.
Note: Clause 2(7)(dl 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-
encs contains at least one and not more than two single family residences.
❑ contains more than two single family residences.(see Instnrcrion 9)
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 4 and 5) None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION 1S ALLOCATED AS FOLLOWS:
(a) 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 l
(ii) Given back to vendor $ nil
(c) Property transferred in exchange (detail below) $ nil _ All Blanks
(d)Securities transferred to the value of (detail below) $ nil Must 5e
(e) Liens,legacies,annuities and maintenance charges to which transfer•is subject $ nil
Filled In.
(f) Other valuable consideration subject to land transfer tax (detail below) $ nil
Insert
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(f)) $ 2. 00 $ 2 . 00
Where
(h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable.
(Retail Sales Tax is payable on the value of all chenels unless exempt under $ n i 1
the provisions of the"Retail Sales Tax Apr",A.S.O. 1980,c.454,as amended) • • - - . • • • • • - • • • •
(i) Other consideration for transaction not included in(g) or(h)above . $ nil
i1 TOTAL CONslf'r_P,+•TION . . . $ 2 . 00
5. lr sides 7n i': , ibe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
11/A
8. If the consideration i;nominal,is the land subject to any encumbrancebJN0 I7
7. Other remarks and explanations, if necessary. This deed is being registered to transfer closed
Road Allowance to the abutting land owners.
Sworn before me at t`+: Town of Aylmer,
in the County of Elgin,
this day of January, 20001m,,,r)
A Commissioner for taking Affidavits,etc. signature(s)
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer/Deed of Land Registration No.
B. (I) Address of property being conveyed(if available) R. R. #1, Vienna, ON
NOJ 1Z0
(ii) Assessment Roll No, (if available) not available
C. Mailing addresses) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) R. R. #1 , Vienna, ON N O J 1 Z 0 'Registration Date Land Registry Office No.
D. (i) Registration number for last conveyance of property being conveyed(it available)
{ii) Legal description of property conveyed: Same as in D.(i) above. Yes❑ No❑ Not known ❑
E. Names)and address(es) of each transferee's solicitor
DOYLE & PRENDERGAST
10 Sydenham Street, East
Aylmer, ON N5H 1L2
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes❑ No❑
{b) if Yes,do ail individual transferees wish to be Roman Catholic Separate School Supporters? Yee❑ No❑
(c) Do all individual transferees have French Language Education Rights? Yes❑ No❑
1r,ncferPac r:r,n,-r, I annrrar3P School Board(where established)? Yes n t\n n_
Instructions
1. Where any transferee(other than a joint tenant) is taking less than the persons who are associates of that person and who are them-
whole interest in the property being acquired, then the percentage selves non-resident persons,
ownership of each transferee must be clearly indicated beside his/her (vii) one-half or more of the paid-up capital of which is held by
respective name. one or more non-resident persons,
2. (1) It should be noted that if all deponents are not entitled to mark (viii) that would be required on dissolving, winding up, or any
the same square in paragraph 1 of the Affidavit, then more than one other distribution that is not a dividend,to distribute one-quarter
or more of its surplus to a non-resident person or to that person
Affidavit will be required. Only those deponents who are entitled to and one or more persons who are associates of that person and
mark the same square In paragraph 1 may swear the same Affidavit, who are themselves non-resident persons, or
(ii) This Affidavit is required to be made by each transferee named in (ix) that would be required on dissolving, winding up, or
the conveyance, by each person in trust for whom the land conveyed any other distribution of surplus that is not a dividend, to
in the conveyance described is being conveyed and by each trustee distribute one-half or more of its surplus to one or more
named in the conveyance to whom the land is conveyed. non-resident persons.
(iii) However, any of the transferees may have the Affidavit made on (g) "non-resident person" means,
his behalf by an agent authorized in writing to make the Affidavit or by (i)an individual who is not ordinarily resident in Canada or who,
his solicitor. (See clause (d)of paragraph 1 of the Affidavit.) if ordinarily resident in Canada,is neither a Canadian citizen nor
(iv) The Affidavit for a transferee that is a corporation may be made an individual who has been lawfully admitted to Canada
for permanent residence in Canada,
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause(e) of paragraph 1 of the Affidavit.) (ii)a partnership,syndicate,association or other organization of
whatsoever kind of which one-half or more of the members are
(v) Where transferees are married to each other,either spouse may non-resident persons within the meaning of subclause(i),(iii)or
make the Affidavit On behalf of him/herself and the other. (See clause (iv) or in which interests representing in value 60 per cent or
(f)of paragraph 1 of the Affidavit.) more of the total value of the property of such partnership,
syndicate, association or other organization are beneficially
3. Extract of clause 1(1)(Ia)of the Act: owned by non-resident persons within the meaning of subclause
(i), (iii)or (iv),
Oa) "single family residence" means, (iii)a trust in which non-resident persons within the meaning of
(1) a unit or proposed unit under the Condominium Act, or subclause(i),(ii)or(iv)have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
(ii) a structure or part of a structure, from, and "trust" includes the trustees under such a trust in
that is designed for occupation as the residence of one-family, their capacity as the trustees thereof, or
including dependants or domestic employees of a member of the (iv)a non-resident corporation.
family,whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is 5. Insert the name and place of residence - or in the case of a
situated is zoned for residential use, and "single family residence" corporation, the place of incorporation -of any transferee who
includes any such residence that is to be constructed as part of the is a non-resident person.If space is insufficient,attach a list of those
arrangement relating to a conveyance of land,but does not include any transferees who are non-resident persons.If none of the transferees
such residence constructed or to be constructed on agricultural land is non-resident, insert 'none'.
where the transferor with respect to the land conveyed meets the Note: Where the person named in the instrument as grantee is
eligibility requirements for a farm fax reduction rebate contained in taking title on behalf of another person(s), the residency status to
clause 4(b) or (c) of Ontario Regulation 716/83 made under the be recited must be that of the person or persons who are the
Ministry of Agriculture and Food Act_ beneficial owners of the land-not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
4. Note: Subsection 1(3)provides,inter alia,that an individual shall be nominee capacity of the grantee named in the instrument is
indicated on the instrument.
considered to be "ordinarily resident in Canada" if, at the time the
expression is being applied,he has sojourned in Canada during the next 6. Explain purpose of transfer: natural love and affection, pursuant to
preceding twenty-four months for a period of, or periods the court order, separation agreement, etc.
aggregate of which is 366 days or more.
7. Insert mailing address(es)where municipal assessment notices for
Extract of clauses 1(1) (f)and(g)of the Act: property being conveyed are to be forwarded after closing of this
(f) "non-resident corporation" means a corporation incorporated, transaction.
formed or otherwise organized in Canada or elsewhere, SCHOOL TAX SUPPORT(Voluntary Election)
(i) that has allotted and issued shares to which are (a) & (b) The school tax support for the land being transferred will
attached 50 per cent or more of the voting rights ordinarily be assigned to the public school board elless otherwise
exercisable at meetings of the shareholders of the corporation directed. Only Roman Catholics can •..;:i:arar- ^1
and that are owned by one or more non-resident persons, but supporters. If all individual transferees are Roman Catholic
this subclause does not apply where it is established to the and wish to be separate schools supporters, the completion
satisfaction of the Minister that such one or more non-resident of items (a) and (b) will serve as notice to the Regional
persons do not in fact directly or indirectly exercise control Assessment Commissioner to enter the transferees on the
over the corporation and that subclause(v)does not apply to the next Assessment Roll as Roman Catholic separate school
corporation, supporters. For further information on school support contact
your local school board.
(ii) that has allotted and issued shares to which are attached (c) & (d) If the land being transferred is situate in an area in which a
25 per cent or more of the voting rights ordinarily exercisable at French Language School Board has been established, and all
meetings of the shareholders of the corporation and that are individual transferees have French language education rights,
owned by any one non-resident person or by that person and completion of (c) and (d) will serve as notice to the
one or more perso'-who ate associates of that person and who Regional Assessment Commissioner to enter the transferees on
are themselves r:"n-residr'"ri persons, but thi' subclause does the next Assessment Roll as French language school board
not apply where it is established to the satisfaction of the supporters.
Minister that such non-resident person does not in fact Individuals have French language education rights under s.23 of
directly or indirectly exercise control over the corporation and the Canadian Charter of Rights and Freedoms if the individual
that subclause(v) does not apply to the corporation, can answer yes to any one of the following questions:
(iii) one-half or more of the directors of which, or of the (i) Is French the language you first learned and still
persons occupying the position of director by whatever name understand?
called, are individuals who are non-resident persons, (ii) Did you receive your elementary school instruction in
(iv) without share capital and one-half or more of the members French?(This does not include French immersion or French as
of which are non-resident persons, a second language).
(iii) Have any of your children received, or are they now
(v) that is controlled directly or indirectly by one or more non-
receiving elementary or secondary school instruction in Canada
resident persons,including a non-resident corporation within the in French?(This does not include French immersion or French
definition contained in the provisions of this clause other than as a second language).
this subclause,
This information is requested under the Authority of s.15 of the
(vi) one-quarter or more of the paid-up capital of which is held Assessment Act.
by a non-resident person or by that person and one or more
For further information contact your local school board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION. (R)o449D(90-1ol