HomeMy WebLinkAboutBy-law No. 2000-043 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2000-43
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN
AGREEMENT OF PURCHASE AND SALE WITH
DOUGLAS BRACKENBURY AND JERLENE
BRACKENBURY
WHEREAS Section 191 (1) of the Municipal Act, R.S.O. 1990 Chapter M.45 as amended
authorizes municipalities to pass by-laws for acquiring or expropriating any land required for the
purposes of the corporation, and for erecting and repairing buildings thereon, and for making
additions to or alterations of such buildings, and may sell or otherwise dispose of the same when no
longer required;
AND WHEREAS the Council of the Municipality of Bayham is desirous of acquiring real
property located in various lots according to Registered Plan 54 for the former Village of Vienna,
now Municipality of Bayham, designated as Part 1 on Plan 11R-7272, for the purpose of the
corporation, together with a permanent easement for a sewer line over Part 3 and Part 5 on Plan
11R-7272, and a temporary easement for construction purposes over Part 5 on Plan 11R-7272, for
a sum of twenty-five thousand dollars($25,000.00),plus legal fees and applicable taxes.
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the
Agreement of Purchase and Sale by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the
Agreement of Purchase and Sale with Douglas Brackenbury and Jerlene Brackenbury
attached hereto and forming part of this By-law and marked as Schedule "A", being an
agreement to provide for the purchase of real property designated as Part 1 on Plan 11R-
7272, for the purpose of the corporation, together with a permanent easement for a sewer
line over Part 3 and Part 5 on Plan 11R-7272, and a temporary easement for construction
purposes over Part 5 on Plan 11R-7272, and the Mayor and Clerk be and they are hereby
further authorized to execute all additional documents necessary to complete this
acquisition.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4T" DAY
OF MAY,2000
MAYO CLERK
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
PURCHASER,The Corporation of the Municipality of Bayham agrees to purchase from
(Full legal names of all Purchasers)
VENDOR, Douglas Brackenbury and Jerlene Brackenbury the following
(Full legal names of all Vendors)
REAL PROPERTY:
in the Municipality of Bayham, in the County of Elgin (former Village of Vienna)being parts of various lots according
to Registered Plan 54 for the Village of Vienna
and having a frontage of 20 metres more or less by a depth of 18 metres more or less and legally described as
PART 1 according to Reference Plan 11R-7272 together with a permanent easement for the sewer line over PART
3 and PART 5 on said Plan 11R-7272 and a temporary easement for construction purposes over PART 2 on said
Plan, to run for a period of one year or such extended period of time as the Purchaser may, by notice in writing,
advise the Vendors is necessary to complete the construction of the sewage works project.
(the"property").
(Legal description of land including easements)
PURCHASE PRICE: Twenty-five Thousand Dollars(CONS 25,000.00)
DEPOSIT:
Purchaser submits NIL
Dollars(CDN$)
(Herewith/Upon acceptance)
cash or negotiable cheque payable to to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion.Purchaser agrees to pay the balance as follows:
The entire purchase price, subject to any adjustments, shall become due and payable on the closing date which
is June 1, 2000.
The Purchaser agrees to pay the reasonable legal fees of the Vendor subject to taxation if necessary for the
closing of this transaction.
This Agreement is subject to formal approval by the Council of the Municipality of Bayham, to be expressed by
by-law or resolution of the Council.
SCHEDULE(S) attached hereto form(s)part of this Agreement.
1. CHATTELS INCLUDED: none
2. FIXTURES EXCLUDED: none
3. RENTAL ITEMS:The following equipment is rented and not included in the Purchase Price.The Purchaser agrees to assume the rental contract(s),if assumable:
none
4. IRREVOCABILITY:This Offer shall be irrevocable by until .... p.m.on the day of
after which time,if not accepted,this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. COMPLETION DATE:This Agreement shall be completed by no later than 6:00 p.m.on the .... 1st day of June, 2000.
Upon completion,vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
6. NOTICES:Vendor hereby appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement If the Co-operating Broker
represents the interests of the Purchaser in this transaction,the Purchaser hereby appoints the Co-operating Broker as Agent for the purpose of giving and receiving notices
pursuant to this Agreement.Any notice relating hereto or provided for herein shall be in writing.This offer,any counter offer,notice of acceptance thereof,or any notice
shall be deemed given and received,when hand delivered to the address for service provided herein or,where a facsimile number is provided herein,when transmitted
electronically to that facsimile number.
FAX NO. (For delivery of notices to Vendor) FAX NO. (For Delivery of notices to Purchaser)
7. GST:If this transaction is subject to Goods and Services Tax(G.S.T.),then such tax shall be in addition to the Purchase Price.
If this transaction is not subject to G.S.T.,Vendor agrees to provide on or before dosing,a certificate that the transaction Is not subject to G.S.T.
8. TITLE SEARCH:Purchaser shall be allowed until closing (Requisition Date)to
examine the titre to the property at his own expense and until the earlier of:(i)thirty days from the later of the Requisition Date or the date on which the conditions in this
Agreement are fulfilled or otherwise waived or,(ii)five days prior to completion,to satisfy himself that there are no outstanding work orders or deficiency notices affecting
the property,that Its present use(
may be lawfully continued and that the principal building may be insured against risk of fire.Vendor hereby consents to the municipality or other governmental agencies
releasing to Purchaser details of all outstanding work orders affecting the property,and Vendor agrees to execute and deliver such further authorizations in this regard as
Purchaser may reasonably require.
9. FUTURE USE:Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will
be lawful except as may be specifically provided for in this Agreement.
10. TITLE:Provided that the title to the property is good and free from all registered restrictions,charges,liens and encumbrances,except as otherwise specifically provided
in this Agreement and save and except for: (a) any registered restrictions or covenants that run with the land, provided that such are complied with; (b)any registered
municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with,or security has been posted to ensure compliance
and completion,as evidenced by a letter from the relevant municipality or regulated utility;(c)any minor easements for the supply of domestic utility or telephone services
to the property or adjacent properties;and (d)any easements for drainage, storm or sanitary sewers, public utility lines,telephone lines, cable television lines or other
services which do not materially affect the present use of the property.If within the specified times referred to in paragraph 8 any valid objections to title or to any outstanding
work order or deficiency notice,or to the fact the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire is made
in writing to Vendor and which Vendor Is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any
intermediate acts or negotiations In respect of such objections,shall be at an end and all monies paid shall be returned without interest or deduction and Vendor,Listing
Broker and Co-operating Broker shall not be liable for any costs or damages.Save as to any valid objections so made by such day and except for any objection going to
the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
11. L)OCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed,abstract,survey or other evidence of title to the properly except such as are in the
possession or control of Vendor.If requested by Purchaser,Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition
Date.If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act(Canada),Chartered Bank,Trust Company,Credit Union,Caisse Populaire or
Insurance Company and which is not to be assumed by Purchaser on completion,is not available In registrable form on completion,Purchaser agrees to accept Vendor's lawyer's personal undertaking
to obtain,out of the closing funds,a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Vendor shall
provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,together with a direction executed by Vendor directing payment to
the mortgagee of the amount required to obtain the discharge out of the balance due on completion.
12. INSPECTION:Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding
agreement of purchase and sale between Purchaser and Vendor.
13. INSURANCE:All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor.Pending completion,Vendor shall hold all insurance
policies,if any,and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage,Purchaser may either terminate this Agreement and have all monies
paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase.No insurance shall be transferred on completion. If Vendor is taking back a
Charge/Mortgage,or Purchaser is assuming a Charge/Mortgage,Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest
on completion.
14, PLANNING ACT:This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and
Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION:The Transfer/Deed shall,save for the Land Transfer Tax Affidavit,be prepared in registrable form at the expense of Vendor,and any Charge/Mortgage
to be given back by the Purchaser to Vendor at the expense of the Purchaser.If requested by Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the
statements contemplated by Section 50(22)of the Planning Act,R.S.O.1990.
16. RESIDENCY:Purchaser shall be credited towards the Purchase Price with the amount,if any,necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability
in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale.Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17. ADJUSTMENTS:Any rents,mortgage interest,realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall
be apportioned and allowed to the day of completion,the day of completion itself to be apportioned to Purchaser.
1 B. TIME LIMITS:Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement
in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard.
19. TENDER:Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers an the day set for completion.Money may be tendered by bank draft
or cheque certified by a Chartered Bank,Trust Company,Province of Ontario Savings Office,Credit Union or Caisse Populaire.
20. FAMILY LAW ACT:Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act,R.S.O.1990 unless Vendor's spouse has executed
the consent hereinafter provided.
21. UFFI:Vendor represents and warrants to Purchaser that during the time Vendor hes owned the property,Vendor has not caused any building on the property to be insulated with insulation containing
ureaformaldehyde,and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde.This warranty shall survive and
not merge on the completion of this transaction,and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction.
22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal Information may be referred to In connection with this
transaction.
23. AGENCY:It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
24. AGREEMENT IN WRITING:If there is conflict between any provision written or typed in this Agreement(including any Schedule attached hereto)and any provision in the printed portion
hereof,the written or typed provision shall supersede the printed provision to the extent of such conflict.This Agreement including any Schedule attached hereto,shall constitute the entire Agreement
between Purchaser end Vendor.There is no representation,warranty,collateral agreement or condition,which affects this Agreement other than as expressed herein.This Agreement shall be read
with all changes of gender or number required by the context.
25. SUCCESSORS AND ASSIGNS:The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms herein.
/YIA>/
DATED at Straffordville, Ontario 40/ this day o€-A nil, 2000
SIGNED,SEALED AND DELIVERED in the presence of: IN WITNESS her I have hereunto set my hand and seal:
1� �� (seep DATE / !a-40
(witness) (Purchaser) si
":„..7`.:7;,••• ,-i --, i—) ca" (Seat)DATE . '"13-1)--1-)
(Witness) (Purc'heser) 111
I,the Undersigned Vendor,agree to the above Offer.I hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of the commission together with applicable Goods and
Services Tax(and any other taxes as may hereafter be applicable),for the proceeds of the sale prior to any payment to the undersigned on completion,as advised by the Listing Broker to my lawyer.
-771-1—.4 on)kEitheCr /'7 9>!
DATED al , Ontario /P/h this day of , 2000
SIGNED,SEALED AND ERE the presce of IN WITNESS whereof I have hereunto set my hand and seal:
• ),Ilr .. (seas DATE ....()1e4.) ../( Q2000
, (Vyr) 1
•.. /•.. . ...... / / ..r.. ✓� / r!1 ,I .... (seaq DATE / /O 4 52Uad
ass) - , .- ... .�"ender) - -
-SPOUSAL CONSENT:The Undersigned Spouserof the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act,R.S.O.
1990,and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein.
(seas DATE
(witness) (Spouse)
CONFIRMATION OF EXECUTION:notwithstanding anything contained herein to the contrary,I confirm this agreement with all changes both typed and written was finally executed by all
parties et a.m./p.m.this .. day of
(Signature of Vendor or Purchaser)
CONFIRMATION OF REPRESENTATION
I hereby acknowledge and confirm the Wing Broker represents the Interests of I hereby acknowledge and confirm the Listing Broker represents the interests of
In this transaction. to thin transaction.
(Vendor/Vendor and the Purchaser) (Vendor/Purchaser)
Signature of Listing Broker or authorized representative Signature at Ce-operating Broker or authorized representative
Name of Listing Broker. Name of Co.operating Broker.
Tel Na. Fax No. Tel No. Fax No.
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and l authorize the I acknowledge receipt of my signed copy of(his accepted Agreement of Purchase end Sale and I authorize the
Agent to forward a copy to my lawyer. Agent to forward a copy to my lawyer.
DATE DATE
(Vendor) (Purchaser)
DATE DATE
(Vendor} (Purchaser)
Address for Service: Address for Service:
Tel.No. Tel No.
Vendor's Lawyer Purchasers Lawyer
Address:
Address:
Tel.No. Fax No. Tel.No. Fax No.
COMMISSION TRUST AGREEMENT
To:Co-operating Broker shown on the foregoing Agreement of Purchase and Sale:
in consideration for the Ca-operating Broker procuring the foregoing Agreement of Purchase and Sala,I hereby declare that an moneys received ar receivable by Inc in connection with the Transaction as contemplated In the MLS
Rules and Regulations of my Real Estate Board shag be receivable and held in trust.This Agreement shall constitute a Commission Trust Agreement as defined In the MLS Rules and shall be subject to and governed by the MLS
Rules pertaining to Commission Trust.
GATED as of Me date and lime of the acceptance of the foregoing Agreement of Purchase end Sale, Acknowledged by:
3r9natere al Listing Broker or authorized represenrerare Winston,or Ca-aperandg&Ukar or atatnanzad mprnuantabve -
Province Transfer/Deed of Land Do Process Software Ltd.
-i=r - (416)322-6111
A
Ontario Form 1—Land Registration Reform Act
(1)Registry ❑X Land Titles ❑ (2) Page 1 of 4 pages
(3) Property Block Property
ej; LO Identifier(s) Additional: ❑
- i� —
=. Schedule
*�,
- - .c: (4 Consideration
JrI n~ - M _--__------�..���_—_--_—_w—_—�_
Z • ? '� , i --- Dollars$ 2.00
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_. �. C c_ (5)Description This is a: Property Property ❑
i r Division ❑ Consolidation
f-
_ - 4 In the Municipality of Bayham, in the County of Elgin (Geographic
LT_ - . :Village of Vienna) being parts of various lots on Registered Plan 54 for
p Y L' --) the Geographic Village of Vienna, see Schedule on Page 2.
cc New Property Identifiers ;.
O Additional:
LL See
Schedule ❑
Executions
Additional:
See ❑Schedule
(6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
Documentntis New Easement Additional EASEMNT
Plan/Sketch ❑ Description ❑X Parties ❑ Other 0
(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
We are spouses of one another.
Date of Signature
Name(s) nature(s Y M 0
BRACKEINBURY,.WjltCr,pouglas lo . 1r , z . 2000 05 /P
BR4 C ENBVRY,.Jerlenc Ann `P _. ;,j BIM 2000 05 /,P
/ /
(9) Spouse(s)of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
(10) Transferor(s)Address
for Se
Service 12 Pearl, Vienna, Ontario. NOJ 1ZO
for Se
(11)Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ,-
4
12) Transferee(s)Address
( s
for Service P. O. Box 160, 9344 Plank Road,Straffordville, Ontario NOJ 11'0
(13)Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M 0 Y M D
Signature J. J J Signature
Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to determine
a that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and belief,this transfer
F does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature
a Name and Y NT D
Address of
Solicitor Signature
(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 reveal
C �, 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 transfer does not
m Y�5�1 z., contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
C.1
a lid
a a Name and
t Address of Date of Signature
4 Solicitor Y M 0
Signature
(15)Assessment Roll Number Cty. Mun, Map Sub. Par. >- Fees and Tax
of Property not assigned Z
0 Registration Fee
(16)Municipal Address of Property (17)Document Prepared by: w
Ian R. Linton, GIBSON, LINTON, S Land Transfer Tax
Vienna, Ontario. TOTH, CAMPBELL us
NOJ 1ZO & BENNETT LL
36 Broadway, P. O. Box 5, o
Tillsonburg, Ontario. ;:t .
N4G 4113 Total
i
Document prepared using Form%'Ware f_andForms
Province Schedule
Do Process Software Ltd. • (416)322-6111
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" e Form 5—Land Registration Reform Act Page 2
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Additional Property Identifler(s)and/or Other Information
(5) DESCRIPTION
FIRSTLY: Part of Lot H Southwest of Otter Street and Northwest of Front Street and Part of Lot E
Southwest of Otter Street and East of Alley, on Registered Plan 54 for the Geographic Village of Vienna,
in the Municipality of Bayham, County of Elgin being PART 3 according to Reference Plan 11R-7272.
SECONDLY: Part of Lots 4, 5 and 6 East of Union Street, South of Cross Street and North of Alley, on
Registered Plan 54 for the Geographic Village of Vienna, in the Municipality of Bayham, County of Elgin
being PART 5 according to Reference Plan 11R-7272.
711
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Document prepared using Formt'Ware 4andForms
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Ontario Form 5—Land Registration Reform Act
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Additional Property fdentifler(s)and/or Other Information
(7) EASEMENT
In consideration of the sum of Two Dollars ($2.00) now paid by the Transferee to the Transferors, receipt
of which is acknowledged, the Transferors grant to the Transferee, its successors and assigns an easement
and rights:
(I) to enter, construct, maintain, inspect, alter and repair a sanitary sewer including all appurtenances
on it, on and under the lands described in Box 5 hereof and further described on a Schedule on Page
2 hereof;
(2) for the servants, agents, contractors and workers of the Transferee to enter with machinery, material,
vehicles and equipment necessary for the use of the easement;
(3) The Transferee covenants to fill in all excavations and as far as practicable restore the surface to the
same condition as prior to the commencement of construction or of any subsequent work to it;
(4) The Transferors covenant to keep the land clear of all brush, trees and other obstructions as may be
necessary for the use of the easement.
The following lands (the dominant lands) which are owned by the Transferee are those benefitted by the
within transfer of easement.
Lots 2, 3 and 4, Registered Plan 205 for the Village of Straffordville, in the Municipality of Bayham, in the
County of Elgin.
The Transferee described in Box 11 herein agrees to abide by the covenants above set out.
THE CORPORATION OF 'HE MUNICIPALITY OF BAYHAM
Per: -.61 Date', , 5,0
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Do Prc::ess Software Ltd. • (416)322-6111 Page 4 Affidavit of Residence and of Value of the Consideration
Refer to all instructions on reverse side. Form 1 — Land Transfer Tax Act
iN THE MATTER OF THE CONVEYANCE OF (insert brief description of land)YRr1OUS lots of Registered PlaiiS4 for the Geographic
Village of Vienna,in the Municipality of Bayham,in the County of +,lgi t_(Geographic Village of Vienna)
BY (print names of all transferors in full) Walter Douglas B ckenh 1Lry and Jerlene Ann Brackenbury _
TO (see Instruction I and print names of ad transferees in full)theCorporation of the Municipality of Bayham
I, (see Instruction 2 and print name(s)in Tull) Ia_Redford tol
Lini
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)
❑ (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;
X (d) The authorized agent or solicitor acting in this transaction for(Insername(s)ofprineipal(s)) The Corporation of the Municipality of
Bayham -
described in paragraph(s) IN, 01), (c) above; (strike out references to Inapplicable paragraphs)
❑ (e) The President, Vice-President, Manager, Secretary, Director or Treasurer(insert name(s)of corporation(s))
described in paragraph(s) (a), (b), (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( ) (insert only one of paragraph(a),(b)or(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(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 conveyance
Elmore than two single family residences. (see instruction 3) 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. (see instructions 4and5) 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)Assumed (show principal and Interest to be credited against purchase price). .$ Nil
(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 Be
(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"Nil"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(1)) .$ 2.QQ$ x.00 Where
(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
the provisions of the"Retail Sales Tax Act",R.S.O.4980,c.454,as amended) $ Nil
(I)Other consideration for transaction not included in (g) or(h)above .$ Nil,
(j) TOTAL CONSIDERATION .$ 2.00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 6)
n/a
6. If the consideration is nominal,is the land subject to any encumbrance? no
7. Other remarks and explanations, if necessary, n/a
Sworn before me at the Town of Tillsonburg
in the County of Oxford
this 174 day of May, (LYNN CAMPBELL,a Commissioner,etc
Cou o-f Oxford,for Gibson.Linton,Toth, ,
/ C pbef&Bennett.,Barristers and Solicitors,
February 8,2002. den Res 'r , Linton
A Corn issloner for taking Affidavits,etc. _ signature(s)
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer/Deed of Land (EASEMENT) Registration No.
B. (i)Address of property being conveyed(if available) Vienna. Ontario
(ii)Assessment Roll No.(if available) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) P.O. Box 160, 9344 Plank Road, Straffordville, Registration Date Land Registry Office No,
Ontario NOJ 1YO
D. (I)Registration number for last conveyance of property being conveyed(if available) 231415
(ii)Legal description of property conveyed: Same as in D.(i)above, Yes❑ No El Not known❑
E. Name(s) and address(es) of each transferee's solicitor
113SON, LINTON, TOTH, CAMPBELL & BENNETT -_.
36 Broadway, P. O. Box 5,Tillsonbii g, Ontario.,N4G 4113
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes❑ No 0
(b) If Yes,do all Individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑
(c) Do all individual transferees have French Language Education Rights 7 Yes❑ No❑
(d) If Yes,do all individual transferees wish to support the French Language School Board(where established)7 Yes❑ No El
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)
OProvince Transfer/Deed of Land Do Process Software Ltd. (416)322-6111 A
A of
Ontario Form 1—Land Registration Reform Act
(1)Registry X❑ Land Titles ❑ (2) Page 1 of 2 pages
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- , �— / (3) Property Block Property
". identifier(s) Additional:
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in c'•• ,r Schedule
Consideration
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z ; ; i ,{ a;TWENTY FIVE THOUSAND Dollars$ 25,000.00
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IA _ _-i (5)Description This Is a: Property Property ❑
j a _ - Division X❑ Consolidation
w = �� Flirt of Lot H southwest of Otter Street and Northwest of Front Street,
=a on Registered Plan 54 for the Geographic Village of Vienna, in the
New Property Identifiers Municipality of Bayham, County of Elgin being PART 1 according to
Lt Reference Plan 11R-7272.
• Additional:
Itrr See CI
Executions
Additional:
See 0Schedule
(6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
ContPlan/Sketch ❑ Description ❑ Parties ❑ Other 0
(B)Transferor(s)The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
We are spouses of one another.
Date of Signature
Name(s) tnature(s) Y M 0
B GKENI3URYa._W..allcEDauglas .. .+ -s f-:--•- . 2,000 05 /f
.409
DRACICENBURYacrlenc Apn / i q,
r 'i a. > 1000 05 I,
(9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M 0
4.
(10) Transferor(s)Address
Service Service 12 Pearl,Vienna,Ontario. NOJ 1ZO
(11)Transferee(s) Date of Birth
Y M , D
THE CORPQRATION OF THE MUNICIPALITY QF ¢
BCW'-AM
(12)Transferee(s)Address P. O. Box 160, Straffordville Ontario. NOJ 1YO
for Service +
(13)Transferor(s)The transferor verifies that to the beat of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
t V M : D V M 0
i
Signature J. .,. : ___ Signature
< Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to 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 belief,this transfer
p does not contravene that section.1 am an Ontario solicitor In good standing. Date of Signature
o Name
and Y of I D
Solicitor Signature
(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 reveal
ca
,c ^ no contravention as set out In subclause 50(22) (c)(li) of the Planning Act and that to the best of my knowledge and belief this transfer does not
m s contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor In good standing.
a
!a; Name and
e m 2 Address of Date of Signature
N Solicitor Y M D
Signature i i
(16)Assessment Roll Number l Cty. Mun. Map Sub, Par. r Fees and Tax
of Property not assigned Z
( 0 Registration Fee
(16)MunicipalAddress of Property (17)Document Pre ared b ,
tit
Ian R. Linton, D Land Transfer Tax
Vienna, Ontario. GIBSON, LINTON, TOTH, w
NOJ 1ZO CAMPBELL &BENNETT �.
36 Broadway, P. O. Box 5, o
Tillsonburg,Ontario. ,a
N4G 4113 Total
t
Document prepared using Form'LWare iandForms
On Process Software Ltd. • (416)322-6111 Page 2 Affidavit of Residence and of Value of the Consideration
kd. •to ai, istructions on reverse side. Form 1 -- Land Transfer Tax Act
IN 1HE MATTER OF THE CONVEYANCE OF (rnsertbrief description ofland) Part of Lot H southwest of Otter Street and Northwest of
Front Street, , on Registered Plan 54 for the Geographic Village of Vienna,in the Municipality of Bayham, County of
Slight being PART 1 accordingto Reference Plan I IR-7272,
BY (print names of ail transferors infull) Walter Douglas Brackenbury and JerlcneAnn
Brackenbury
TO (see instruction 1 and print names of all transferees in full)Mie Corporation of the Municipality_of Bayham
I, (see instruction 2 and printname(s)In hill) Ian Redford Linton
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)
(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;
X (d) The authorized agent or solicitor acting in this transaction for(insert names)of princtpal(s)) The Corporation of the Municipality of
d
Bayham
described in paragraph(s) iN,1, 1i), (c) above; (strike out references to Inapplicable paragraphs)
❑ (e) The President,Vice-President, Manager, Secretary,Director or Treasurer(Insert name(s)ofcorporation(sJ) -
described in paragraph(s) (a), (b), (c) above;(strike out references to inapplicable paragraphs)
El (f) A transferee described in paragraph( ) (insert only one or paragraph(a),(b)or(c)above,as eppilcabfe)and am making this affidavit on my own behalf and on
behalf of(insert name of spouse) who is my spouse described
in paragraph( ) (insert only one ofparagraph(a),(b)or(c)above,asappticable) and as such,1 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{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 conveyance
contains more than two single family residences. (see Instruction 3J 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. (see Instructions 4 and 5) None
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash $ 25,0.00.00
(b)Mortgages(i)Assumed(show principal and interest to be credited against purchase price) _ .$ Nil
(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 Be
(e)Liens, legacies,annuities and maintenance charges to which transfer is subject . . . .$ Nil Filled In.
(I)Other valuable consideration subject to land transfer tax(detail below) .$ Na Insert"Nil"
(g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a) m) $ 25,oaa.00$ 25aaa.a4
to Where,
(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 Nil
the provisions of the'Retail Sales Tax Act".R.S.O.1980,c.454.as amended) .$
(I)Other consideration for transaction not included in (g)or(h)above .$ Nil
(j) TOTAL CONSIDERATION $ 25,000.00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
n/a
6. If the consideration is nominal,is the land subject to any encumbrance? n/a
7. Other remarks and explanations,if necessary. n/a
Sworn before me at the Town of Tillsonburg
in the County of Oxford
this /PM day of May 2000
. .. LYNN CA"— rnissioner,etc.iyae_caLej--671,--2-74-1 %-: Ta Redford -nt
. at Word,f
""" Bennet, and . i s gnature )
A Commissioner far taking Affidavits,etc. 12002
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transter/Deed of Land Registration No.
B. (i)Address of property being conveyed(if available) Vienna, Ontario.. NOJ 1ZO
(ii)Assessment Roll No.(If available)Alfa.assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) P. O. Box 160, Straffordville, Ontario NOJ 1Y0 Registration Date Land Registry Office No.
D. (i)Registration number for last conveyance of property being conveyed(if available)
(ii)Legal description of property conveyed: Same as in D.(i)above, Yes❑ No QX Not known n
E. Name(s) and address(es) of each transferee's solicitor ‘
Ian R. Linton,,GIBSON,LINTON, TOTH, CAMPBELL & BENNETT
36 Broadway,P. O. Box 5, Tillsonburg, Ontario..N4G 4H3
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are ail individual transferees Roman Catholic 7 Yes Ill No 0
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters 7 Yes❑ No Q
(c) Do all individual transferees have French Language Education Rights 7 Yes 0 No
(d) If Yes, do all individual transferees wish to support the French Language School Board(where established)7 Yes❑ No L]
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(so-os)