HomeMy WebLinkAboutBy-law No. 2001-097 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2001-97
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN
EASEMENT/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 in the form of a Draft 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, for municipal purposes.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19t DAY OF
NOVEMBER,2001
"Ow reelZi-At.MAYOR R C ERK
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o Province Transfer/Deed of Land Do Process Software Ltd. • (415)322-6111 )3J/G�-
L••-a Onrarlo c�7
Form —Land Registration Reform Act \D'/- /
(1)Regfslry ❑X Land Titles❑ (2) Page 1 of 8 pages
(3) Property Block Property
identifiers) Additional; CI
Schedule
(4)Consideration
TWO- _Dollars S 2.00
0
(5)Description This is a: Property ,..._, Property
Cl) Division Consolidation 0
Part of Lots 4 and 5,Concession 3,in the Municipality of
is Bayham,(formerly geographic Township of Bayhain)in the County of
• Elgin,more particularly described as PART 2 on Reference Plan
,a New Property Identifiers 11R-7442.
• Additional:
See 0Schedule
Executions
Additional;
See 0Schedule
(6)This (a)Redescription I (b)Schedule for: (7) Interest/Estate Transferred
Document New Easement Addllonat
Plan/Sketch s 0 1 Description ❑ Parties ❑ Other ❑ Easetnen 1Right-of--Way
(a)Transferors)The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
I 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) , Y �+ D
DENNIS_,%walls ___ . .._. _ ... _.._.... _.2¢R.1_._S!$._i
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(9) Spouses)of Transferor(s)I hereby consent to this transaction Date of Signature l
Name(s) Signature(s) Y r M 10
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(10)Transferar(s)Address R.R.#1,Port Burwell Ontario.
for Service
(11)Transferee(s) Dale of Bi:th
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THE.c.o. FQ�2A'�uatr QF.T.IIIN MIJNICIPAvLITY OF 13AYHAM t
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(12)Transferee(s)Address P.O.Box 160,
` for Service 9344 Plank Road,Straffordville,Ontario.NOJ 1YO
(13)Transferors)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 .
..__. i Y 1 MD
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Signature.._.....«..__......-_.__...... i
_.._._._...............t...«_...._-... L--....f Signature
Z Solicitor for Transferor(s)1 have explained the effect of section 50 of the Planning Act to the transferor and I have made Inquiries of the transferor to determine
p 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
°- Name and V rd o
Address of l ii Solicitor Signature 3
(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
E g• r contravene section 50 of the Planning Act.I act independently of the solicitor for the transferors)and I am an Ontario solicitor In good standing.
-aI1 .
t; Name and
kli I Address of Date of Signature
asj Solicitor I Yt M ,O
Signature .„ i i l
(16)Assessment Roll Number 1 Cly.i Min.i Map I sub. i Per- I .a- Fees and Tax
of Property 1 i I I NOT ASSIGNED zz
(16)Municipal Address of Property (17)Document Prepared by: iu
Q Registration Fee
D.BRADLEY BENNETT Land Transfer Tan
NOT ASSIGNED GIBSON,LINTON,TOTII,CAMPBELL u -
&BENNETT w
36 Broadway,Box 5, o
Tillsonburg,Ontario.N4G 4113 b
•
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Document prepared using Farms Ware Landform.
2
EASEMENT/RIGHT-OF-WAY AGREEMENT
BETWEEN:
DOUGLAS DENNIS
Hereinafter called the "Party of the First Part"
• AND-
THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM
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 Sepond
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 )
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THE CORPORATION OF THE MUNICIPALITY
OFBAYHAM
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Prorinoe „A. Do Process 8oltware Lid. • (418)322.6111
a ars schedule
Form 5--Land Registration Reform Act Page 4
rAdditional Property Identlller(s)and/or Other Information
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 Iimit 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 limit 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 Iimit 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;
THENCE South 000 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-Wayover, 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 000 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.
u.
VI>'t1JIl
Document prepared using FernIWirt Landporne
5
SCHEDULE 'B'
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 11R-7442
4.
6
SCHEDULE '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
11R-7442
7
SCHEDULE`D'
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
11 R-7442
4
Do Process Software Lid. • (416)n2-6111 Page 8 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 rinser tbrief description Wlung Part of Lots 4 and S,Concession 3,in the
Municip t '► i .:I t_II r .I►' f ''i Cte r graphic Towns frf gavh: ,County of Elmet)more particularly
described as PART 2 on deposited Reference Plan 11R-7442.
BY print names of all transferors in ruff)_DOUGLAS DENNIS itzetre
TO (see instruction fanti print names[lab transferees inMI) THE CORPORATION OF THE MUNICIPALITY OF BAYI ,4M
I, (sea Mstnrctfon 2 rendered name(s)in furl)ILBRADLEY BENNETT
MAKE OATH AND SAY THAT:
t I am(place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)):(sea 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;
�( (d) The authorized agent or solicitor acting In this transaction for(Insert name()eeprie peI(s))
THE CORPORATION OF THE MUNICIPALITY OF BAYIIAIII
described in paragraph(s) 00, N), (e) above;(strike out references to brapplcabte paragraphs)
0 fey The President.Vice-President,Manager,Secretary,Director or Treasurer authorized to act for desert name(s)ofwrporadon(s))
described in paragraph(s) (a), (b). (c) above:(sh@e out references to inapplicable paragraphs)
❑ (1) A transferee described In paragraph( ) (insert only one of paragraph mall er(e)abovs asapplkabk)and am making this affidavit on my own behalf and on
behalf of(insert name of spouse) _ _ who Is my spouse described
in paragraph( ) (risertordyena of parag,uph MAI or(e)above es ape/feeble) 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 road and considered the definition of"single family residence"set out in clause I(1)(1a)of the Act.The land conveyed in the above-described conveyance
contains at least one and not more than two single family residences. Nota:Clause 241Xd)imposes an additional tax at the rate of one-calf 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.(seelnslrucdortJ) 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 wham 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 lnsuuciiena 4 ands) none
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash $ 2.0Q
(b)Mortgages(i)Assumed(show principal and interest re be credited against purchase price) . $ _ Nil
(ii)Given back to vendor $ Nil
(c)Property transferred In exchange(derail below) .$ Nil Ali Blanks
(d)Securities transferred to the value of(detail below) .$ .-_Nil Muir Be
(e)Lions,legacies,annuities and maintenance charges to which transfer Is subject . . . .$ Nil filled in.
(I)Other valuable consideration subject to land transfer tax(detail below) . . . . . .$ Nit Insert'NH'
(g)VALUE OF LAND,BUILDING,FIXTURES AND GOODWILL SUBJECT TO
.$ 2.00$ 2.00
LAND TRANSFER TAX fretalof fel 10 ODWhere
(h)VALUE OF ALL CHATTELS-items of tangible personal property Applicable
(Retell Safes Tax is payable an the value of all chattels unless exempt under
the prevfsfons of the"Retail Safes Tax Act",17.5,0,f 950,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/nameuon e)
time
6. If the consideration is nominal,Is the land subject to any encumbrance? n/a
7. Other remarks and explanations,if necessary. Grant of Easement/Right-of-Way
swum before me at the Town of Tillsonburg
in the County of Oxford `
this �p�` day of �F+rr��'t- 2001 1
�``_� 4
DIANA KATHLEEN MARTHA FLEMING,a commissioner, �L'f,A-dam/j
l T etc„County of Oxford,for Gibson,Linton,Toth, D.BRADLEY ENNEX
signasi
A Commissioner for taking Affidavitidetc. Campbell&Bennett,Banisters and Solicitors,
apIra51JC1017er 11,[UU).
Property information Record For Land Registry Office Use Only
A. Describe nature of instrument: Grant of Easement/Right-of-Wray Registration No.
B. (f)Address of property being conveyed(lfavaUable) not assigned
(a')Assessment Roll Na.Of available)not assigned
C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being
conveyed free fnswotion r) P.O,Box 160,9344 Plank Road,Straffordville,Ont.NOJ IVO aegleveaac Date Lend Registry Office No.i.
D. (i)Registration number for last conveyance of property being conveyed(if available) not available y'
(II)Legal description of property conveyed: Same as In DX)above. Yes 0 No 0 Not lmo+vn
E. Name(s) and address(es) of each transferee's solicitor
I: .► .tLii .t. • Me !lir: _ It.ill . sq• I _ lit
a fisS , Ir, nig . I , . 'o.N4G413
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all Individual transferees Roman Catholic 7 Yes No DI
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters i 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 0 No Li
NOTE:As to(Cl and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 944a0 tra.oei
ce
of°"`n Transfer/Deed of Land Do Process Software Ltd, • (416)322-6111
Ontario Form 1—Land Registration Reform Act
r
(1)Registry ❑X Land Titles 0 (2) Page 1 of 2 pages r2
<? CO ) (3) Property Block Property
F N l Identifier(s) Additional: ❑
t- 1 '�i ,See
c- F: �,i Schedule
"7) (4)Consideration
[\7 �a k 4" t
x� � 11 Z.7'- TWO ---- -- -Dollars$ 2.00
a ,_ c. cc: (5)Description This is a: Property Property
_ Division 0 Consolidation ❑
'k Part of Lot 4 and Part of Lot 5, Concession 3,in the Municipality of
.) ' Bayham, y geographic Township of Bayham)in the County of
:tet , I Elgin, more particularly described as PART I on Reference Plan
New Property identifiers cs 11R-7442.
Additional:
See 0Schedule
Executions
Additional:
See El
(6)This (a) Redescription (b)Schedule for: (7) tnterestfEstate Transferred
Document New Easement Additional Fee Simple
Contains ❑ ❑ 0 Quit Claim
Plan/Sketch ❑ Description Parties Other
(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
INADouglas Dennis AlPOrardirticeAltThWiligcWifflgarswelP6M114911E19E is a spouse.My spouse has
We, Christine Dennis and Sean Grantham are spouses of one another, rei-eased"ai-i-"rights-- inter -Part
III of the Family Law Act 1990 ,
.hy..._as
.. epa _ataon.. gxeemenf.
Date of Signature
Name(s) Sign.0 (s) Y M D
D.E.111s.0.3 Dgugj.ttS v, 2001 ad 1 y
manstaixotamet maw
PENNIS,Cht•i�tine 11
2001 1-1(sGRANTHAM,Sean -- i 2001 d 1/7
(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 R.R.# I Port Burwell Ontario.
for Service > Burwell,
Ontario.
(11)Transferee(s) Date of Birth
Y , M . D
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
r
F i
(12) Transferee(s)Address P.O.Box 160,
for Service 9344 Plank Road, Straffordville,Ontario, NOJ 1Y0
{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 r D Y M D
Signature , 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
O 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
i-L- does
a Name not
ancontravene that section.1 am an Ontario solicitor in good standing. Date of SignatuDre
O Address of i
-, Solicitor Signature
Q (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
cno 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
E .,TE conravene 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
2o
o 2 Name and
x Address of Date of Signature
Solicitor Y M D
to
Signature
(1S)Assessment Roll Number i Cty. :Mun. Map Sub. Par. r Fees and Tax
of Property NOT ASSIGNED z
>(16)Municipal Address of Property (17)Document Prepared by: Q Registration Fee
D.BRADLEY BENNETT S Land Transfer Tax
NOT ASSIGNED GIBSON,LINTON,TOTH,CAMPBELL Lu
& BENNETT r.
36 Broadway,Box 5, o
Tillsonburg,Ontario.N4G 4H3 D
0
Total J
Document prepared using Forint Ware LandForma
- Province Document General Do Process Software Ltd. • (416)322-6111
a. of
Ontario Form 4--Land Re9istratlon Reform Act
1)Registry Q Land Titles ❑ T2) Page 1 of L pages
(3)Property Block Property
1"'-...7'_�7 ldentifier(s) Addditional:
} Schedule ❑
.--i xr)VI C\J /
y",,,, (4)Nature of Document
ca - `:t �� CERTIFICATE OF DEATH-DEPOSIT
C4.1 `�., 1.--
v—E Q,1 I {n (5)Consideration
t 1 f cr
ZO �; t 1/
v - Dollars$
CV
D 3 - F-- (ii)Description
Lu -- 4 Part of Lot 4 and Part of Lot 5, Concession 3, in the Municipality of
0I = t;., Bayham (Geographic Township of Bayham) in the County of Elgin,
u w\ more.particularly described as PART 1 on Reference Plan 11R-7442.
o0
w
New Property Identifiers
Additional:
See
Schedule El
Executions
(7) This (a)Redescription (b)Schedule for:
Additional: Document New EasementAdditional
See Contains:
Schedule ❑ Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑X
>(8)This Document provides as follows:
Continued on Schedule 0
(9)This Document relates to instrument number(s)
(10)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
"fir -- Y M D
McQUlfrGAN,,Charigs Frederick(S tate) : . 20¢1 09
by its solicitor herein, D.Bradley Bennett
Y 3
(11) Address c/o 36 Broadway, Box 5,
for Service Tillsonburg,Ontario. N4G 4H3
'(12)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y Id D
(13) Address
for Service
/14) Municipal Address of Property (15)Document Prepared by: j