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HomeMy WebLinkAboutBy-law No. 2001-076 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2001-76 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EASEMENT I RIGHT-OF-WAY AGREEMENT WITH DOUGLAS DENNIS(MCQUIGGAN LINE) 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 the use of real property by entering into a permanent easement agreement for property, described as Part of Lots 4 and 5, Concession 3, in the Municipality of Bayham, in the County of Elgin (Formerly Geographic Township of Bayham), more particularly described as PART 2 on Reference Plan 11R-7442, for municipal purposes; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the Easement/Right-of-Way Agreement by by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Easement/ Right-of-Way Agreement with Douglas Dennis attached hereto and forming part of this By-law and marked as Schedule"A",being an easement/Right-of-Way agreement for property, described as Part of Lots 4 and 5, Concession 3, in the Municipality of Bayham, in the County of Elgin (Formerly Geographic Township of Bayham), more particularly described as PART 2 on Reference Plan 11R- 7442, 1R7442,for municipal purposes. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20m DAY OF SEPTEMBER,2001 "'MAXI; CL`ERK Province Do Process Software Ltd. • (41 B)3228111 era or Transfer/Deed of Land . Ontario Farm I—Land Registration Reform Act r "V— (1)Registry © Land Titles 0-1(2) Page 1 of 8 pages (3) Properly Block Property Identitler(s) Additional: ❑ See Schedule (4)Consideration TWO --- ---- -- - .-Doltars3 2.00 i ❑(5)Description This is e: Property Property 0 Division Consolidation Part of Lots 4 and 5,Concession 3,in the Municipality of II Aayham,(formerly geographic Township of Bayham)in the County of LaElgin,more particularly described as PART 2 on Reference Plan New Property Identifiers I IR-7442. 0 Additional: See ❑Schedule Executions Additional: Sex Schedule Li (6)This (a)Redescription I (b)Schedule for: 1Eht-.01W5y 7) Interesst//7E�stateTransferred CaContains New Easement I Additional litaraclein0 PlardSketch ❑ I Description ❑ Parties ❑ Other (e)Transferor(*)The transferor hereby transfers the land to the transferee and certifies that the transferor Is at least eighteen years old and that 1 am a spouse_ My spouse has released all rights under Part II of the Family Law Act,1990,by a separation agreement. Date of Signature Name(s) Signature(s) I Y ; M I D i? .1+[NIS.,.Qugl>a� 1..209.1._.-•96..1 -, tf I f = 1 \ /(e) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Names) 5lgnalure(s) Y )M I 0 i i i ! I t I (10)Transferor for Service s)Address 12,11.# >IZ.#1,Port Burwell, Ontario. Ontario. l} (11)Transferee(*) Date of Birth Y M } D • TilE,CQ PQALATIQNOF THE MUNICIPALITY OF BAYHAM 1 i '. . ' t i I I (12)Transferee(s)Address P.O.Box 160 for Service 9344 Plank load,Straffordville,Ontario.NOJ 1YO (17)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. Dale of Signature Date of Signature 1Y I M i Di Y . M 1 D i 1 1 Signature }.__........_...i.......)___.._.i Signature i t i Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act lo 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 r= does not contravene that section.I am an Ontario solicitor In good standing. Date of Signature 6" Y . i i D 1N1da rens of • SolicNrx Signature 1 ! (14)Solicitor for Transferee(s)I have investigated the title to this land and to abutting land where relevant and I am satiated that the title records reveal n no contravention as set out in subclause 50(2.2)(o)(Il)of the Planning Act and that to the best of my knowledge and belief this transfer does not `d g a. 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. kt.t Addreesaa of Date of Signature 1 y Solicitor Y hI 0 I 1 1 • Signature ; (15)Assessment Roll Number 'Cly.i Mun,I Map i Sub. ' Par. i Fees and Tax of Property , I I i I i NOT ASSIGNED z (15)Municipal Address of Properly (17)Document Prepared by: 0 Registration Fee w D,BRADLEYBENNETT j Land Transfer Tax NOT ASSIGNED GIBSON,LINTON,TOTIH,CAMPBELL w &BENNETT i 36 Broadway,Box 5, o Tillsonburg,Ontario.N4G 4133 0 L1 Total Document prepared using Fere,L Ware LerrdFoner 2 EASEMENT/RIGHT-OF--WAY AGREEMENT BETWEEN: DOUGLAS DENNIS Hereinafter called the "Party of the First Part" - AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Party of the Second Part" WHEREAS: 1) The First Party is the Owner of the lands and premises known as Part of Lots 3 and 4, Concession 3,in the Municipality of Bayham,County of Elgin(Geographic Township of Bayham,County of Elgin),said lands being more particularly described on Schedule "A" attached hereto; 2) The Second Party is the Owner of the lands and premises in the Municipality of Bayham, County of Elgin (Geographic Township of Bayham,County of Elgin) including but not limited to those lands more particularly described on Schedule "B" attached hereto; 3) The Parties have agreed to create an Easement/Right-of-Way in favour of the Second Party over that portion of the First Party's lands more particularly described on Schedule "C" attached hereto for the purpose of public works and to create an emergency vehicle turn-around and deposit of snow from road clearing activities: NOW THEREFORE IN CONSIDERATION of the premises,the sum of($2.00)Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the First Party grants to the Second Party an Easement/ Right-of-Way over those lands and premises more particularly described on Schedule "C" attached hereto for the purpose of public works and emergency vehicle turn-around and the deposit of snow from road clearing activities conducted by the Municipality. This Easement/Right-of-Way is granted as and from the date hereof and for so long thereafter as the Second Party desires to exercise the same on the following terms which are hereby mutually covenanted and agreed to: 1) The First Party covenants and agrees not to construct any building or other structure on the Easement/Right-of-Way for so long as this Easement/Right-of-Way continues to exist. 2) The First Party will, if so requested by the Second Party,execute such further documents of title and assurances in respect of the said lands as may be required to perfect the Second Party's interest in the said land as a Easement/Right-of-Way as specified herein. 3) The Easement/Right-of-Way is, and shall be,of the same force and effect as a covenant running with the land, and this Agreement shall extend to, and be binding upon, and enure to the benefit of the heirs,executors, administrators, successors and assigns of the First Party and the Second Party respectively.Wherever the singular or masculine is used it shall be construed as if the plural or feminine or the neuter, as the case may be, had been used, where the context or the Party or Parties hereto so require. Where such construction is necessary,the rest of the sentence shall be construed as if the grammatical or terminological changes thereby rendered necessary had been made, 4) The aforesaid Easement/Right-of-Way is hereby declared to the appurtenant to the Second Party's undertaking including,but not limited to,the Second Party's lands located in the 3 Page -2- Municipality of Bayham, in the County of Elgin, and Province of Ontario and more particularly described on Schedule "B" attached hereto. 5) This grant of Easement/Right-of-Way shall terminate at such time as a turning area is constructed by the Municipality on those lands more particularly described on Schedule "D" attached hereto and dedicated as part of the Open Road. IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day, month, and year first written above. SIGNED, SEALED and DELIVERED ) In the Presence of ) ) n ) J ) s4,41 (r r � ) Doug .s De • s 410 ) ) ) THE CORPORATION OF THE MUNICIPALITY ) OF BAYHAM ) Per Pet �1mS�� ) + + Province Schedule"A. no Process software Lid. • (416)322.6111 • onterb Form 5—Land Registration Reform Act page VE 4 (Additional Property Identifier(s)and/or Other Information 1 DESCRIPTION In the Municipality of Bayham (Geographic Township of Bayham) County of Elgin and in the Province of Ontario, containing an area of 54.676 acres be the same more or less, being composed of parts of Lots 3 and 4,both in Concession 3, in said Township which said parcel is more particularly described as follows: COMMENCING at a point in the easterly limit of said Lot 3 distant 3,811.95 feet measured on a course of North 00° 05' east along the easterly limit of said Lot 3 from an iron bar defining the southeast angle of said Lot 3; THENCE North 86°07'30" West, 667.75 feet; THENCE North 00° 16' east along an existing fence 3,036.4 feet more or less to the northerly Iimit of said Lot 3; THENCE South 72° 08'East along the northerly limit of said Lot 3,689.5 feet more or less to the northeast angle of said Lot 3; THENCE South 00°05'West along the easterly limit of said Lot 3, 1,865.05 feet to the southerly limit of a roadway; THENCE South 74°52'30" East along the southerly limit of said roadway 457.8 feet; TI-IENCE South 00° 21' East along the westerly limit of said roadway 915.9 feet to an iron bar planted; THENCE North 86°07'30"West 450.05 feet more or less to the place of commencement. This parcel being further shown outlined in red on a plan of survey attached hereto. TOGETHER WITH a Right-of-Way over, along and upon a parcel of land partly in said Lot 4 and partly in Lot 5 in said Concession 3 which said Right-of-Way is more particularly described as follows: COMMENCING at the southeast angle of the hereinbefore described parcel: THENCE North 00°21'West 915.9 feet; THENCE South 74° 52'30" East 68.48 feet; THENCE South 00°21'East 1,839.0 feet; THENCE South 71°27'30" East 2,267.8 feet more or less to the easterly limit of said Lot 5; THENCE due South along the easterly limit of said Lot 5,69.8 feet; THENCE North 71°27' 30" West along an existing fence 2,337.25 feet; THENCE North 00°21'West 988.50 feet more or less to the place of commencement. BEARINGS contained herein are referred to the easterly limit of said Lot 5 being due north astronomic. M Document prepared using✓•armt'Ware lendFornrs 5 SCHEDULE Part of Lots 4 and 5, Concession 3, in the Municipality of Bayham, (Geographic Township of Bayham) in the County of Elgin, more particularly described as PART 1 on deposited Reference Plan I 1R-7442 4 6 SCJ EDULE`C' Part of Lot 4, Concession 3, in the Municipality of Bayham, (Geographic Township of Bayham) in the County of Elgin, more particularly described as PART 2 on deposited Reference Plan 11 R-7442 7 SCHEDULE'D1 Part of Lots 4 and 5, Concession 3, in the Municipality of Bayham, (Geographic Township of Bayham) in the, County of Elgin, more particularly described as PART 3 on deposited Reference Plan 11R-7442 Do Process Software Ltd. • (416)322-6111 Pages Affidavit of Residence and of Value of the Consideration INRefer to aft THE MATTERfIons on reverse side.OF THE CONVEYANCE OF pnsenbAerdeserfpdenofMoo) P rt of :ots 4 ands,Concession 3.in Land— eTransfer Tax Act I/ 1 'e: .' • 1:11 / I l 1 J .1• :1 1• 1 , 1 1.1 1 a 1411 1 1 I J 1 111 e7. ar described as.PART 2 on deposited Reference Plan 11R-J442. BY (print names ofed Transform/75 In full) DO T ILA DENNIS 7f1ffinr, TO (sea instruction?end print names ofall transferees inadl) T�H CORPORATION OF THF MiUNTCIPALITY OF BAYHAM 1, (sae Instruction 2 and print reme(t)!n Mg D.BRADLEY BENNETT MAKE OATH AND SAY THAT: 1. I am(piece a clear merle within the square opposite that one of the following paragraphs that describes are capacity of the deponent(s)):(see instruction 2) (a) A person Intrust 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(Insertaame(s)ofprtnclpai(')) TWE CORPORATION OF THEMUNICIPAIrITY OF BAYUAM described In paragraphs) Qt}, N, (c) above;(strike out references to Inapplicable paragraphs) ❑ (e) The President,Vice-President,Manager,Secretary,Director or Treasurer authorized to act for(Insert mends)efcorperedah(s)) described In paragraph(s) (a), (b), (c) above;(sears out references to inapplicable paragraphs) ❑ (i) A transferee described in paragraph( ) Onset only one efparagraph(a),(b)or(ygrera,as livable)and em risking this affidavit on my own behalf and on behalf of(tnsertnamme espouse) who Is my spouse described in paragraph( ) (Insert only one or paragraph(5),(5,)ott's)above...spphICabJa) 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)0e)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.(sea Instruction 3) contains at least one and not more than two single ramify residences. 3. I have read and considered the definitions of"nen-resident corporation' and"non-resIdent person"set out respectively In clauses 1(1)(t) and(g)of the Act end each of the following persons to whom or in trust for whom the land is being conveyed En the above-described conveyance Is a'non-resident corporation' or a"non-resident person'as set out In the Act.(seelnstnretleru 4and 5) none - 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid In cash $_ 2.00 (b)Mortgages(I)Assumed(show principal and Interest to be credited against purchase price) , ,$ Nil (i)Given back to vendor $— Nil (c)Property transferred in exchange(detail below) ,S Nil All Blanks (d)Securities transferred to the value of(detail below) .S. Nil Must tae (a)Liens,legacies,annuities and maintenance charges to Which transfer Is subject . . . .S Nil Filled In. (f)Other valuable consideration subject to land transfer lax(derail below) . . . . .S Nll insert"Nil" (g)VALUE OF LAND,BUILDING,FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX(Totder(a)to(D) .s 2,10; 2.00 (h)VALUE OF ALL CHATTELS—items of tangible personal property Applicable (Retell Sales Taxis payable en the satire ofall chattels unlace exempt under N'1 the provisions of the'Retail Sales Tax Ace,R,S.O.tato,0,454,as amended) S O Other consideration for transaction not Included in(g)or(h)above . . 5 Nit (j)TOTAL CONSIDERATION S 2.00 5. If consideration Is nominal,describe relationship between transferor and transferee and stale purpose of conveyance.(sec Insduceon 4) 111$ _ 8. If the consideration Is nominal,is the land subject to any encumbrance? ilia 7. Other remarks and explanations,if necessary. Grant of Easement/Right-of-Way Sworn before me at the Town of Tillsonburg In the CountyFmof Oxford . this 1U'�'1 day of 2001 4 J44 GQI-EV �j DiANA KATHI EIN MARTHA PEENING a Comnl{ssione[; 1�U `� etc..County of Qxfortf for Gihsorl,E)rltan,Totll, D.BRADLEY 'EMELT A Commissioner for taking Affidavit,etc. Campbell&Bennett,Barristers and Soflcto(S. Expires uctobtr I I,CL'UJJ, - Property Information Record For Land Registry Office Use Only A. Describe nature of Instrument: Grant of Easement/Right-of-Way (Registration No. B. (I)Address of property being conveyed IVaveiable) not assigned_ (ii)Assessment Roll No,Or available) not assigned C. Melling address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(seems riwt7) P,O.Box 160,9344 Plank Road.Straffordville,Ont.NOJ 1YQ Registration nate Land Registry()recent,.f D. (I)Registration number for last conveyance of property being conveyed atavairabm) not available • -. (II)Legal description of property conveyed: Same as In D.()above. Yes❑ No 0 Not knova,❑ E. Name(s) and address(es) of each transferee's solicitor GIBSON.LINTON,TOTH,CAMPBELL_.&BENNETT(Att: D.Bra 1ley Bennett) _ 36 Broadway,Box 5,T'illsonhurg,Ontario.N4G 4113 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes E No❑ (b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters 7 Yes❑ No❑ (c) Do all Individual transferees have French Language Education Rights? Yes❑ No❑ (d) If Yes,do all Individual transferees wish to support the French Language School Board(where established)? Yea❑ No 0 NOTE:As to(e)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed In(a)and(b). 04400 Ieo.osl