HomeMy WebLinkAboutBy-law No. 2001-101 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2001-101
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND
CLERK TO EXECUTE AN AMENDING AGREEMENT
BETWEEN THE MUNICIPALITY AND
CLEASON AND SALINDA HOOVER FOR THE
RECONSTRUCTION OF A PART OF RICHMOND
STREET
(PART LOT 112, CONCESSION SOUTH TALBOT ROAD)
WHEREAS the Municipality of Bayham and Cleason and Salinda Hoover entered into an
agreement dated June 5,2000, to allow the reconstruction of a part of Richmond Street, and such
agreement was authorized by By-law Number 2000-56 June 1st, 2000.
AND WHEREAS certain provisions of the said agreement contained errors in certain property
descriptions.
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
necessary and expedient to enter into an amending agreement with Cleason and Salinda Hoover
as attached hereto as Schedule "A"to this By-law,to correct such errors.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Agreement in the "Draft" attached hereto and marked as Schedule "A" and
forming part of this By-law between the Corporation of the Municipality of Bayham and
Cleason and Salinda Hoover amending the agreement between the parties dated June 5th,
2000, be and the same is hereby approved.
2. THAT the Mayor and Clerk be hereby authorized to execute the said Agreement.
3. THAT this Agreement shall come into full force and effect upon the date of its
enactment.
4. THAT this By-law and Agreement shall be registered in the Land Registry Office for the
Registry Division of Elgin No. 11.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY
OF NOVEMBER, 2001.
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_ By-Law No. 2001-101 of the Corporation of the Municipality of Ba ham
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v 4— Part of the South half of Lot 112,North on Talbot Road East in the
1 2 ¢geographic Township of Bayham,now Municipality of Bayham, County
o u.. of Elgin,more particularly described as PART 1 as shown on Reference
rx �. p Plan 11R-7516 and PARTS 1,2,3,4,6 and 7 as shown on Reference Plan
Ct3CC Z�= 11R-7329.
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Schedule D Plan/Sketch Description ❑ Parties ❑ Other
/(8)This Document provides as follows:
Copy of By-law Number 2001-101 attached.
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
Y M 0
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Per;A_. „_:' 2001 11 C
by its solicitors,Gibson,Linton,Toth,Campbell &Bennett D.Bradley Bennett
(11) f ress
r Service P.O.BOX 160,Straffordville,Ontario. NOJ 1YO
(12)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
(13) Address
for Service
(14)Municipal Address of Property (15)Document Prepared by: } Fees and Tax
D.BRADLEY BENNETT o Registration Fee
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R.R.# 1, GIBSON,LINTON,TOTH, rn
Aylmer,Ontario. CAMPBELL &BENNETT v
N5H 2R1 36 Broadway, Box 5, E
Tillsonburg,Ontario. N4G 4H3 c
0 Total
Document prepared using Form'L'Ware LandForms
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(3)Property Block Property
Identifier(s) Additional:
ditional: ❑
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(4)Nature of Document
C n a ¢ ROAD RECONSTRUCTION AMENDING AGREEMENT
CD t'"3 i (5)Consideration
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F^ (B)Description
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N Part of the south half of Lot 112,North on Talbot Road East in the
o -C-7:„3- geographic o geographic Township of Bayham,now Municipality of Bayham, County
of Elgin,more particularly described as PART 1 as shown on Reference
o lEE c —D Z , = Plan 11R-7516 and PARTS 1,2,3,4,6 and 7 as shown on Reference Plan
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11R-7329.
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(7) This (a)Redescription (b)Schedule for:
Additional: Document New EasementAdditional
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Schedule El Plan/Sketch ❑ Description IX Parties ❑ Other ❑X
>(8)This Document provides as follows:
See Road Reconstruction Amending Agreement attached.
Continued on Schedule E
(8)This Document relates to instrument number(s)
(10)Party(ies) (Set out Status or Interest)
Name(s) Signatur Date of Signature
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HOOVER,Clem n(Owner� e l ' lS
HOOVER,Salinda(Owner) .,..141-0;04.-) .� , Z�c1 x U S' l5
(11) Address
` for Service R.R.#4,Aylmer,Ontario. N5H 2R3
/(12)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) DatYe of Signature
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM /7 ,I..4..4y1-- 2001 /f 06
by its Solicitor,D.Bradley Bennett
(13) Address P.O.Box 160,
for service 9344 Plank Road,Straffordville,Ontario. NOJ 1YO
j(14)Municipal Address of Property (15)Document Prepared by: Fees and Tax
D.BRADLEY BENNETT z Registration Fee
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Aylmer,Ontario. CAMPBELL L
N51-12R1 &BENNETT L
36 Broadway, Box 5, cc
Tillsonburg,Ontario. N4G 4H3 O Total
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Document prepared using Form'L'Ware LandForms
2
ROAD RECONSTRUCTION AMENDING AGREEMENT
AGREEMENT made in duplicate this 1st day of November ,2001
BETWEEN:
CLEASON HOOVER and SALINDA HOOVER
(Hereinafter referred to as the "Owners")
OF THE FIRST PART
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter referred to as the "Municipality")
OF THE SECOND PART
WHEREAS the Owners and the Municipality entered into a Road Reconstruction Agreement
dated the 5th day of June,2000, a copy of which has been attached hereto as Schedule "A";
AND WHEREAS certain provisions of the said Road Reconstruction Agreement dated June 5th,
2000 attached hereto and marked as Schedule "A" contained certain errors and/or omissions;
NOW THEREFORE in consideration of the premises, the mutual covenants herein contained,
the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other
good and valuable consideration passing between the Parties hereto, the receipt and sufficiency
of which is hereby acknowledged by both Parties, the Owners and the Municipality hereby
covenant and agree to the following amendments to the Road Reconstruction Agreement dated
June 5th,2000:
1) That portion of the preamble that reads:
"AND WHEREAS the road allowance known as Richmond Street,
being an old road allowance that has not been maintained by the
Municipality, is vested in the Municipality."
shall be deleted and the following inserted therefore:
"AND WHEREAS the road allowance known as Plank Road,
being an old road allowance that has not been maintained by the
Municipality, is vested in the Municipality."
2) That portion of the preamble that reads:
"AND WHEREAS the Owners have applied to the Municipality
for permission to reconstruct that part of the said road allowance
shown as PART 8 on Plan 11R-2204 at the Owners' expense in
order to provide access to the lands of the Owners on which the
Owners propose to erect or permit to be erected residential
dwellings;"
shall be deleted and the following inserted therefore:
"AND WHEREAS the Owners have applied to the Municipality
for permission to reconstruct that part of the said road allowance
shown as PART 8 on Plan 11R-7329 at the Owners' expense in
order to provide access to the lands of the Owners on which the
Owners propose to erect or permit to be erected residential
dwellings;"
3) That portion of paragraph #1(a) that reads:
"The Owners agree to reconstruct that part of the road known as
Richmond Street being PARTS 6,7 and 8 on Plan 11R-2204 in
accordance with revised drawings prepared by Spriet Associates
London Limited, Consulting Engineers, dated March 28,2000,
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Page -2-
Proj ect No. 99194 (9 sheets), including all appurtenances thereto
and all details shown on the said drawings, all to the satisfaction
of the Public Works Superintendent of the Municipality."
shall be deleted and the following inserted therefore:
"The Owners agree to reconstruct that part of the road known as
Richmond Street being PARTS 6,7 and 8 on Plan 11R-7329 in
accordance with revised drawings prepared by Spriet Associates
London Limited, Consulting Engineers, dated March 28,2000,
Project No. 99194 (9 sheets), including all appurtenances thereto
and all details shown on the said drawings, all to the satisfaction
of the Public Works Superintendent of the Municipality."
4) That portion of paragraph #3(a) that reads:
"Upon completion of the road reconstruction work, the Owners
agree to transfer to the Municipality, without cost to the
Municipality, PARTS 6 and 7 on Plan 11R-2204, being a vehicle
turnaround area."
shall be deleted and the following inserted therefore:
"Upon completion of the road reconstruction work, the Owners
agree to transfer to the Municipality, without cost to the
Municipality, PARTS 6 and 7 on Plan 11R-7329, being a vehicle
turnaround area."
5) Schedule "A" attached to the original Road Reconstruction Agreement dated the 5th day
of June,2000 shall be deleted and the following inserted therefore:
"In the Township of Bayham, County of Elgin, being part of the
south half of Lot 112,North on Talbot Road East in the geographic
Township of Bayham more particularly described as PART 1 as
shown on Plan 11R-7516 and PARTS 1, 2, 3, 4, 6 and 7 as shown
on Plan 11R-7329."
In all other respects the Parties hereto confirm all of the terms and conditions as contained in the
Road Reconstruction Agreement dated June 5th,2000, attached hereto as Schedule "A".
IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the
hands of their officers duly authorized in that behalf, and the individual parties have set their
hands and seals.
SIGNED, SEAL I DELIVERED )
in the pr= -401 of le )
c..,,L
AfF,Z,Ia 4.eigsz5
A , ) Cleason Hoover
1 )
)
) ,, ,,/„..,-;./_„_) ,K.7.,„„zy
) Salinda Hoover
)
)
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
`. C., i• 's . i•.'a, ) A
)
, . ,
ti, ... • ,, �.S ) Per: 4'01* 4
) Mayo• - Max Stewart
''',, I Vc v '\' ) Per.. ,tee �'� 1411k '�._�
'°,111
1,"' ) Clerk - Lynda Millard
4
SCHEDULE "A"
ROAD RECONSTRUCTION AGREEMENT
AGREEMENT made in duplicate this 5th day of June 2000.
BETWEEN:
CLEASON HOOVER AND SALINDA HOOVER
(hereinafter referred to as the "Owners")
of the First Part
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
(hereinafter referred to as the "Municipality")
of the Second Part
WHEREAS the Owners arc the owners of lands described in Schedule "A" to this
Agreement;
AND WHEREAS the road allowance known as Richmond Street, being an old road
allowance that has not been maintained by the Municipality, is vested in the Municipality.
AND WHEREAS the Owners have applied to the Municipality for permission to
reconstruct that part of the said road allowance shown as PART 8 on Plan 11R-2204 at
the Owners' expense in order to provide access to the lands of the Owners on which the
Owners propose to erect or permit to be erected residential dwellings;
NOW THEREFORE in consideration of the premises, the payment of the sum of Two
Dollars ($2.00) of lawful money of Canada together with other good and valuable
consideration by the Owners to the Municipality, the receipt of which is hereby
acknowledged, the Owners and the Municipality hereby covenant and agree as follows:
1. RECONSTRUCTION OF ROAD:
(a) The Owners agree to reconstruct that part of the road known as Richmond
Street being PARTS 6, 7 and 8 on Plan 11R-2204 in accordance with
revised drawings prepared by Spriet Associates London Limited,
Consulting Engineers, dated March 28, 2000, Project No. 99194 (9
sheets), including all appurtenances thereto and all details shown on the
said drawings, all to the satisfaction of the Public Works Superintendent of
the Municipality.
(b) The Owners agree to do the following in addition to the features shown on
the said drawings by Spriet Associates London Limited:
(i) To make provisions for enhanced erosion and sediment control as
requested by the Long Point Region Conservation Authority, such
provisions to be to the satisfaction of the Chief Building
Official/Drainage Superintendent of the Municipality.
(ii) To connect all existing drains to the storm drainage system.
(iii) Tree removal shall include the removal and disposal of all roots and
stumps.
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(iv) To relocate the existing survey bar on the north side of the road.
(v) Where possible, all ditches are to be properly sloped, dressed with
topsoil and sown with grass seed.
(c) The Owners agree to notify the Public Works Superintendent of the
Municipality during all stages of the project where approvals are required.
(d) The Owners agree to be responsible for and to pay all costs and expenses
associated with the reconstruction of the said road, and all matters
identified in subparagraph (b) above, including provision of enhanced
erosion and sediment controls, and including, but not to limit the generality
of the foregoing, all design and consulting costs, including input, advice
and any additional work that the said Public Works Superintendent may, in
his sole discretion, require from Spriet Associates London Limited.
(e) The Owners agree to purchase from the Municipality a 911 municipal
address sign and to install the said sign, at the Owners' expense, in a
location satisfactory to the Public Works Superintendent of the
Municipality.
2. SECURITIES:
(a) The Owners agree to deposit with the Municipality securities in the form
and amount set out below, to secure the performance of all of the
obligations of the Owners pursuant to this Agreement.
(b) The said securities are to be deposited with the Municipality prior to
commencement of any work on the said road, and will be held by the
Municipality until a final inspection has been made by the said Public
Works Superintendent and all work has been completed to his satisfaction,
including rectification of any deficiencies.
(c) The said securities will be in the amount of $81,875.00 (Van Gorp
Drainage and Excavating quotation $76,875.00 and $5,000.00 to secure
the requirements of the Long Point Region Conservation Authority), and
shall be in the form of cash or bank letter of credit in form satisfactory to
the Municipality.
(d) It is understood and agreed that the Municipality may, in its sole discretion,
draw all or make one or more partial draws on the securities for purposes
of completing the reconstruction of the road and all appurtenances thereto,
doing all things required under subparagraph 1(b) above, including making
provision for enhanced erosion and sediment control, and rectifying any
deficiencies in the said work, including deficiencies that appear after
completion of the said work.
(e) It is further understood and agreed that the breakdown of the amount of
the securities in subparagraph (c) above is for purposes of calculating the
total amount of the securities, and that the Municipality may in its sole
discretion, use more than the amounts specified in subparagraph (c) above
for road reconstruction, or to satisfy the requirements of the Long Point
Region Conservation Authority.
3. VEHICLE TURN AROUND AREA:
(a) Upon completion of the road reconstruction work, the Owners agree to
transfer to the Municipality, without cost to the Municipality, PARTS 6
AND 7 on Plan 11 R-2204, being a vehicle turnaround area.
3 6
(b) Upon completion of the transfer of said PARTS 6 and 7 the Municipality
will present to the Council of the Municipality of Bayham a By-law to
establish the said PARTS 6 and 7 as a part of a municipal street.
4. DRAINAGE AND VEGETATION:
The Owners and the Municipality agree as follows:
(a) That as much of the natural vegetation and existing contours as possible
will be retained in the area between the lower lane and Little Jerry Creek
(both shown on the drawings by Spriet Associates London Limited).
(b) That if possible, the remnant of an old ox-bow will be incorporated into the
drainage system in order to store extreme runoff and to help control
sedimentation and erosion in the area below the said lane.
(c) That the Chief Building Official/Drainage Superintendent of the
Municipality will monitor construction and grading, at a minimum between
catch basin 11 and the watercourse, and that any alterations to natural
vegetation and to existing contours and grades may only be made with his
approval and to his satisfaction.
(d) That placement of the riprap rock chute on the banks of the watercourse
will be done in such a manner as to avoid any alterations to the
watercourse.
(e) That the storm water drainage from the road to be reconstructed is to be
directed to and will be received by the lands of the Owners.
(f) It is understood and agreed that the Owners and the Municipality intend to
enter into a Mutual Drainage Agreement with respect to drainage from the
said road to the said lands of the Owners, and that the Agreement is to be
prepared by the Chief Building Official/Drainage Superintendent of the
Municipality.
(g) It is further understood and agreed that all of the costs of designing and
constructing this mutual agreement drain are to be borne by the Owners.
5. ERECTION OF DWELLINGS:
(a) The Owners agree to install the foundation for the proposed dwelling on
the north side of the road proposed to be reconstructed at a grade equal to
or greater than the finished grade of the road.
(b) The Owners acknowledge and agree that the adequacy of supply of water
for any dwelling or dwellings to be erected on the lands of the Owners or
to the owners of any other lands fronting on the road to be reconstructed,
or the potability thereof, shall be at the sole risk of the Owners, and that
the Municipality shall have no responsibility or obligation to the Owners or
any successors in title, or to the owners of any other lands fronting on the
said road or their successors, with respect to the adequacy and/or potability
of water supply.
(c) It is understood and agreed that:
(i) The Chief Building Official will be in a position to issue a building
permit for the construction of a dwelling upon execution and
registration of this Agreement and upon receipt by the Municipality
of the securities required to be deposited with the Municipality
pursuant to this Agreement and compliance with all applicable law.
7
4
(ii) An Occupancy Permit will not be issued for the said dwelling until
ail work on the road to be reconstructed has been completed to the
satisfaction of the Public Works Superintendent for the
Municipality.
6. PARKING OF VEHICLES:
The Owners agree that they will neither park vehicles or permit vehicles to be
parked on the finished road at any time in such a manner as to interfere with access
by emergency vehicles or with road maintenance activities.
7. APPLICABLE LAW:
The Owners agree to comply with all applicable laws of all government bodies and
agencies, including all by-laws and regulations, and to obtain and pay for all
required permits.
8. PAYMENT OF COSTS AND FEES:
The Owners agree to pay all construction, survey, legal, permit costs and fees,
including disbursements, all costs incurred by the Municipality including legal
costs, and any other costs associated with or in any way connected with this
Agreement.
9. SEPTIC SYSTEMS:
The Municipality acknowledges that a percolation test was conducted on the site
proposed for the construction of the first residential dwelling, and that it would
appear that the site is capable of accommodating a septic system tile bed and an
area for a contingency septic system tile bed.
It is acknowledged and agreed, however, that it is the sole obligation of the
Owners to install an adequate septic system for each dwelling proposed, that the
risk of septic system inadequacy or failure is solely that of the Owners, and that the
Municipality can bear no risk or liability with regard to the adequacy or failure of
any septic systems to be installed on the lands of the Owners.
10. DISPUTE RESOLUTION:
(a) In the event of any dispute respecting the interpretation of this Agreement
or of the Municipality's requirements,the matter shall be determined by the
Public Works Superintendent of the Municipality with respect to any issues
relating to the reconstruction of the road, and by the Chief Building
Official/Drainage Superintendent with respect to any issue related to
drainage and grades, and subject to subparagraph (b) their respective
decisions shall be final.
(b) Disputes between the Owners and the Municipality with respect to any
provision of this Agreement, unresolved under subparagraph (a) above,
shall be referred to arbitration in compliance with the provisions of the
Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the
following requirements:
(i) There shall be a single arbitrator agreeable to the Municipality and
the Owners, unless both are not able to agree on a single arbitrator,
in which case there shall be a panel of three arbitrators, with each of
the Municipality and the Owners appointing one arbitrator and
those two arbitrators appointing the third.
(ii) The decision of the arbitrator or arbitrators as the case may be, shall
be final.
5 8
(iii) The costs of the arbitration shall be borne entirely by the Owners
unless the arbitrator or arbitrators decide otherwise.
(iv) Notwithstanding the existence of any such disputes, the
Municipality and the Owners shall continue to carry out their
obligations under this Agreement in a timely fashion, and such
carrying out of obligations shall be without prejudice to their
respective rights under this Agreement.
11. WORKPLACE SAFETY AND INSURANCE BOARD COVERAGE:
The Owners agree that they shall at their own expense procure and carry or cause
to be procured and carried and paid for, full Workplace Safety and Insurance
Board coverage for all workers, employees, servants and others engaged in or
upon any work undertaken pursuant to this Agreement for which such coverage is
required by law.
12. INSURANCE:
(a) The Owners agree to maintain insurance in sufficient amount and
description as will protect the Owners and the Municipality from claims for
damages, personal injury including death, and for claims from property
damage which may arise from the Owners' operations pursuant to this
Agreement, including any act or omission of the Owners' agents or
employees while engaged in any activity pursuant to this Agreement and
such coverage shall include all costs, charges and expenses reasonably
incurred for any injury or damage.
(b) In addition to the foregoing, the Owners covenant and agree that:
(i) The limits of liability for Personal Injury, Bodily Injury and
Property Damage combined shall be for not less than One Million
($1,000,000.00) Dollars for each occurrence.
(ii) All policies shall provide that they cannot be cancelled, allowed to
lapse or be materially changed (to the detriment of the
Municipality) without at least thirty (30) day's notice to the
Municipality by registered mail.
(iii) The Municipality shall be named as an added insured and the policy
shall include a provision for cross liability.
13. UNSATISFACTORY OR INCOMPLETE WORK:
(a) Upon any failure by the Owners to do any work or rectify any
unsatisfactory work upon seven day's written notice, the Public Works
Superintendent for the Municipality may procure same to be done at the
Owners' expense and all costs may be recovered from the securities held
under this Agreement. In any case of emergency affecting public safety,
the said Public Works Superintendent may act without notice or on such
notice as is reasonable in the circumstances.
(b) Notwithstanding that the Municipality may hold securities pursuant to this
Agreement, in the event of a failure, neglect or refusal by the Owners to
comply with this Agreement, the Municipality shall not be required nor
obligated to:
(i) complete any of the works or services required by this agreement;
or
(ii) maintain any of the works or services required by this Agreement.
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14. CONSTRUCTION LIENS:
(a) The Owners shall comply with all of the provisions of the Construction
Lien Act, R.S.O. 1990, c. C.30, as amended from time to time and without
limiting the generality of the foregoing, shall hold in its possession all the
statutory holdbacks and any additional funds required to be held by the said
Act. These holdbacks and funds shall not be disbursed except in
accordance with the Act.
(b) The Owners shall, at their own expense, within ten (10) days of receiving
written notice from the Municipality to do so, pay, discharge, vacate, and
obtain and register a release of all charges, claims, liens and all preserved or
perfected liens, made, brought or registered pursuant to the Construction
Lien Act, R.S.O. 1990, c. C.30, which affect any lands of the Municipality,
including public highways and road allowances, and which arise out of the
performance of this Agreement by the Owners and their servants,
employees, agents, contractors and subcontractors.
(c) The Owners shall indemnify and hold harmless the Municipality from all
losses, damages, expenses, actions, causes of actions, suits, claims,
demands and costs whatsoever which may arise either directly or indirectly
by reason of any failure, neglect or refusal by the Owners to comply with
the Construction Lien Act, R.S.O. 1990, c. C.30, and arising out of the
performance of this Agreement by the Owners and their servants,
employees, agents, contractors and subcontractors.
(d) The Public Works Superintendent for the Municipality may at any time,
authorize the use of all or part of the securities required pursuant to this
Agreement, including cash deposit or letters of credit:
(i) to pay, discharge, vacate, and obtain and register a release of all
charges, claims, liens, and all preserved or perfected liens, made,
brought or registered pursuant to the Construction Lien Act,
R.S.O. 1990, c. C.30, which affect any lands, including public
highways and road allowances of the Municipality in the event the
Owners default on the performance of this section;and
(ii) to pay to the Municipality any amounts owing to it pursuant to this
section.
15. INDEMNIFICATION:
The Owners shall indemnify and save harmless the Municipality against all losses,
damages, claims, actions, demands, suits, costs and interest incurred which arise
directly or indirectly from anything done in connection with this Agreement,
whether in performance of, outside of or contrary to this Agreement.
16. ENTIRE AGREEMENT:
This Agreement is the entire agreement between the Owners and the Municipality
regarding the subject of this Agreement and it can be amended or supplemented
only by a document executed in writing by both the Owners and the Municipality.
17. SEVERABILITY:
If any term of this Agreement is found to be invalid, illegal or unenforceable by a
court having the jurisdiction to do so, that term is to be considered to have been
severed from the rest of this Agreement and the rest of this Agreement remains in
force unaffected by that finding or by the severance of that term.
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18. CONTEXT:
In this Agreement, unless the context otherwise requires, the singular includes the
plural and the masculine includes the feminine gender and a corporation.
19. GOVERNING LAW:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the Province of Ontario.
20. NO REPRESENTATIONS OR WARRANTIES:
It is acknowledged and agreed that the Municipality has made no representations
or warranties whatsoever as to site conditions in the proposed development or the
suitability of the site for the construction of a road, the erection of residential
dwellings, water supply or septic systems.
21. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon and shall enure to the benefit of the parties
hereto and their respective successors and assigns.
22. NOTICE:
Any notice required or permitted to be given hereunder or any tender or delivery
of documents may be sufficiently given by personal delivery or, if other than the
delivery of an original document, by facsimile transmission to the Municipality at
the following address:
Municipality of Bayham,
P.O. Box 160,
9344 Plank Road,
STRAFFORDVILLE, On.
NOd 1Y0
and to the Owners at:
Cleason Hoover and Salinda Hoover,
R.R. #4,
AYLMER, On.
N5H 2R3
Any notice may also be given by prepaid registered mail, and such notice shall be
effective three (3) days following the date of mailing, except in the event that there
shall be a disruption in postal services at the date of mailing, in which case notice
shall be effective by personal delivery or a facsimile transmission as stated above.
23. HEADINGS:
Headings contained in this Agreement are for reference purposes only and do not
affect the meaning of this Agreement.
24. TIME OF THE ESSENCE:
Time is of the essence in this Agreement and every part thereof..
8 11
The person consenting is my spouse
I am nota spouse
The property transferred is not ordinarily occupied by me and my spouse, who is
not separated from me, as our family residence
IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals
under the hands of their officers duly authorized in that behalf, and the individual parties
have set their hands and seals.
SIGNED, SEALED AND DELIVERED )
in the presence of: )
C EASON HOOVER
/kir-
.�� ., z1
) SALINDA HOOVER
)
)
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
41X-CtiVit
())/P°'''41 ) Max Stewart,MAYOR
)
Lynda Millard, CLERK
9 12
SCHEDULE "A"
FIRSTLY: in the Township of Bayham, County of Elgin, being Part of the South half of
Lot Number 112, North on Talbot Road East in the geographic Township of Bayham
described as follows:
PREMISING that the southerly limit of Lot 112 is North 55 degrees, 14 minutes, 35
seconds West and relating all bearings thereto.
COMMENCING at the South East angle of said Lot Number 112;
THENCE westerly along the South limit of said Lot 815.76 feet more or less to the East
limit of Richmond Street, Plan 22 now used in lieu of Talbot Road and 819.06 feet from
the South West angle of said Lot;
THENCE North 23 degrees East 246.18 feet along the East limit of said Richmond
Street;
THENCE North 15 degrees East 407.22 feet;
THENCE North 41 degrees West 168.30 feet;
THENCE North 54 degrees West 175.56 feet more or less to intersect the northern limit
of a road running across the said Lot;
THENCE North 55 degrees 30 minutes East 275.88 feet;
THENCE North 67 degrees 30 minutes West 981.42 feet more or less to the West limit
of said Lot 112;
THENCE North in the West limit of said Lot 2,426.16 feet more or less to the centre of
said lot from South to North;
THENCE easterly parallel with the South limit of said Lot 1,386 feet more or less to the
East limit of said Lot;
THENCE South along said East limit 3,300 feet more or less to the place of beginning
containing 85 acres more or less;
RESERVING THEREOUT and therefrom a Public Road recorded as entry No. 53 for
General Quarter Session London District running across said Lot from the East limit
thereof westerly until it intersects Richmond Street in the former Village of Richmond,
Plan 22.
SECONDLY: in the Township of Bayham, County of Elgin being all that Part of the
original Road Allowance (Talbot Road) more particularly designated as PARTS ONE (1),
TWO (2), THREE (3) AND FIVE (5) on a Reference Plan of Survey deposited in the
Land Registry Office for the Registry Division of Elgin(No. 11) as Number 11R-2204.
THIRDLY: in the Township of Bayham, County of Elgin being composed of Part of Lot
112 North of Talbot Road East and Part of Lot 112 South of Talbot Road and part of the
original Talbot Road.in the geographic Township of Bayham described as follows:
PREMISING that the bearing of the easterly limit of Lot 112 North of Talbot Road is
North 0 degrees 08 minutes 35 seconds East and relating all bearings herein thereto;
10 13
COMMENCING at the South east angle of Lot 112, North of Talbot Road;
THENCE South 0 degrees 08 minutes 35 seconds West along the southerly production
of the easterly limit of said Lot 112 North of Talbot Road and along the easterly limit of
Lot 112 South of Talbot Road a distance of 96.43 feet to an iron bar;
THENCE North 60 degrees 23 minutes 0 seconds West a distance of 76.69 feet to an
iron bar planted at the south west angle of Part 5 on Plan 11R-2204;
THENCE North 60 degrees 23 minutes 0 seconds West a distance of 127.35 feet to an
iron bar;
THENCE North 16 degrees 21 minutes East a distance of 178.04 feet to an iron bar;
THENCE North 12 degrees 08 minutes East a distance of 114.03 feet to the southerly
bank of the Otter Creek;
THENCE easterly and upstream along the southerly bank of Otter Creek to the easterly
limit of Lot 112 North of Talbot Road;
THENCE southerly along the easterly limit of Lot 112 North of Talbot Road to the point
of commencement.
Being lands described in 391005.
Do Process Software Ltd. • (416)322-6111 Page 14 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 ofland) In_the Municipality of Bayham,COunty of Elgin,
being part of the south half of Lot 112,North on Talbot Road East in the geographic Township of Bayham,more
particularlydescribed as PART 6 a_nd PART 7 on Reference Plan 11R-7329
BY (print names of all transferors in fill) CLEASON HOOVER and_SALINDA JIOOVER
TO (see instruction 1 and print names of all transferees in mill) E CORPORATION OF THEMUNICIPALITY OF BAYHAM
I, (see Instruction 2 and print name(s)in full) D.BRADLEY BENNETT
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;
-R
(b) A trustee named in the above-described conveyance to whom the land is being conveyed;
O (c) A transferee named in the above-described conveyance;
a (d) The authorized agent or solicitor acting In this transaction for(insert name(s)of principal(s))
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
described in paragraph(s) 04, 01), (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)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)Of(e)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.Ei
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
I I contains more 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 4 and 5) none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash $ 2.00
(b)Mortgages(i)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
Where
LAND TRANSFER TAX (Total ofla)to(0) ,$ 2,00$ 2-00
(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.459,as amended) . . $
(1)Other consideration for transaction not included in(g)or(h)above .$ Nil
(j) TOTAL CONSIDERATION . , $ 2.00
S. 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? fila
7. Other remarks and explanations,if necessary. Transfer for Road Improvement to Municipality
Sworn before me at the Town of Tillsonburg
in the County of Oxford /
this 946 day of November 2001 • f°
M.
Ltd)la) 0) i DIANA KATHLEEN MARTHA FLEMING,a cornrlltsstoner, `D.BRADLEY E ETT
etc.,County of Qx o,d,fir Gibson,Linton,Toth,
A Commissioner for taking Affi its,otc.0 pbeli&Bennett,Barristers and Solicitor% -4 srgnET s)
Expires October 11,'LUU3. _moi
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,Aylmer,Ojitrio. N5H 2R1
(ii)Assessment Roll No.Of available) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction T) P.O.BOX 160,9344 Plank Road.Straffordville,Ont.NOJ Registration Date Land Registry Office No,
1YO .
D. ()Registration number for last conveyance of property being conveyed(If available) not available
(ii)Legal description of property conveyed: Same as in D.(i)above. Yes 0 No 0 Not known 0
E. Name(s) and address(es) of each transferee's solicitor
GIBSON,LINTON,TOTH, CAMPBELL &BENNETT(A t: D.Bradley Bennett)
36 Broadway,Box 5, Tillsonburg,Ontario. N4G 4H3
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes 111 No 0
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes 0 No
(c) Do all individual transferees have French Language Education Rights? Yes 0 No 0
(d) If Yes,do all Individual transferees wish to support the French Language School Board (where established)? Yes D No 0
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). 0440D(90-09)