HomeMy WebLinkAboutBy-law No. 2001-119 CORPORATION OF THE
MJNICIPALITY OF BAYHAM
BY-LAW NO. 2001-119
BEING A BY-LAW TO ACCEPT THE TRANSFER OF
LAND FROM CLEASON AND SALINDA HOOVER FOR
ROAD PURPOSES
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 Municipality of Bayham and Cleason and Salinda Hoover entered into an
agreement dated June 5, 2000, and amended September 20,2001 to allow the reconstruction of a
part of Richmond Street, and such agreement required the transfer of lands described as Parts 6
and 7 on Plan 11R-7329 to the Municipality of Bayham for road purposes, for no consideration.
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
necessary and expedient to accept such transfer.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Transfer/Deed of Land for lands described as part of the south half of Lot 112,
North of Talbot Road East in the geographic Township of Bayham more particularly
described as Part 6 and Part 7 on Reference Plan 11R-7329, registered as Instrument
Number 412379,be and the same is hereby accepted.
2. THAT By-Law No. 2001-100 be and the same is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY
OF DECEMBER, 2001.
MAY CLERK
Province t7o Process Software Ltd. 41& 322-6111 D
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Ontario Form 4---Land R-.tstration Reform Act
(1)Registry X❑ Land Titles ❑ (2) Page'1 of 2 pages
(3)Property Block Property
Identifier(s) Additional: ❑
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C0 .. (4)Nature of Document
r''? ,.. By-Law No.2001-119 of the Corporation of the Municipality of Bayham
= c D c- (Section 191(1) of the Municipal Act.R.S.O.1990 Chapter M.45)
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uli ... -• . . 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
•
w .ti L of Bayham more particularly described as PART 6 and PART 7 on
o `'`' Reference Plan 11R-7329.
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New Property Identifiers
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(7) This (a)Redescription (b)Schedule for:
Additional: Document New EasementAdditional
See Contains:
Schedule 0 Plan/Sketch Description ❑ Parties ❑ Other 0
(8)This Document provides as follows:
Copy of By-Law Number 2001-119 attached.
Continued on Schedule ❑J
(9)This Document relates to instrument number(s)
(10)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) f� Date of Signature
•/ ��_ tri" �I�— it Y M D
THE CORPORATION OF THE MUNICIPALITY OF l3AYxAM rc�,. � 2002 01
by its solicitors,Gibson,Linton,Toth,Campbell &Bennett D.Bradley Bennett
(11) Address P.O.BOX 160,
for Service 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
i i
(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, 01
Aylmer,Ontario. CAMPBELL &BENNETT v
N5H 2R1 36 Broadway,Box 5, ±o
Tillsonburg,Ontario. N4G 4H3
a Total
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Ontario J % Form I—Land Registration Reform Act
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In the Municipality of Bayham, County of Elgin,being part of the
i Lt.( T 1-- south half of Lot 112, North on Talbot Road East in the geographic
p 0 a 1 —%•
Township of Bayham more particularly described as PART 6 and PART
ce New ProKerty Identifiers !1t Z t;r? 7 on Reference Plan 11R-7329.
O Additional: •
Li_ See
Schedule ❑
Executions
Additional:
See ElSchedule
(6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
DocumentNew Easement Additional Fee Simple
Contains ❑ Other ElPIanlSketch ❑ Description ❑ Parties
(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
Y , M 0
Names) Signatu ..+
HOOVER, Cleaspn .V442.._ 2001 15
HOOVER, Salinda 2001 (3E IS
(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.## 4,
for Service Aylmer,Ontario. N5H 2R3
(11)Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
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(12) Transferee(s)Address P.O.BOX 160, 9344 Plank Road
• for Service Straffordville,Ontario. NW1Ya
(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 D Y M O
, 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
F.: does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature
a Name and Y M o
0 Address of
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
vim, 1,_.--, 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 2 r 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.
m
.99
ed Name and
E2 Address of Date of Signature
Solicitor Y M D
Signature
(15)Assessment Roll Numbermay. Mun. Map Sub. Par. r Fees and Tax
of Property NOT ASSIGNED z
(16)Municipal Address of Property (17)Document Prepared by:
O Registration Fee
D.BRADLEY BENNETT Land Transfer Tax
R.R.# 1, GIBSON,LINTON,TOTII,CAMPBELL w
o
Aylmer,Ontario. N5H 2R1 &BENNETT
36 Broadway,Box 5, o
Tillsonburg,Ontario. N4G 4H3 0 .
Total
Document prepared using Form'L'Ware LandForms
Do Process Software Ltd. • (416)322-6111 Page 2 Affidavit of Residence and of Value of the Consideration
F`.efer(o all instructions on reverse side. Form 1 — Land Transfer Tax Act
IN THE MATTER OF THE CONVEYANCE OF (insert brief description o f land) In theM nil i ity of Bayharu,County of Elgin,
being_part of the south half of Lot,12, North on Talbot Road East in the geographic Township of Bayham,more _
particuarly described as PART 6 and PART 7 on Reference Plan 11R-7329.
BY (print names of all transferors In full) CLEASON HOOVER and SALINDA HOOVER
TO (see instruction 1 and print names of all transferees in full) I it. ' IRA_ I I F T. M i,_ ..'ALI_ IFIL.. ■AM
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;
(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;
El (d) The authorized agent or solicitor acting in this transaction for(insert name(s)ofDrincipat(s))
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
described in paragraph(s) X, X, (c) above;(strike out references to inapplicable paragraphs)
❑ (e) The President,Vice-President,Manager,Secretary,Director or Treasurer authorized to act for(insertname(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 espouse) who is my spouse described
in paragraph( ) (insert only one ofparagraph(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
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 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
(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) . . . . .$ Ni.!
insert"Nil"
(g) VALUE OF LAND. BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(f)) $ 2.00$ 2.00 Where
(h) VALUE OF ALL CHATTELS —items of tangible personal property Applicable
(Retail Sales Tax is payable on the value of all chattels unless exempt under
the provisions of the"Retail Sales Tax Act",R.S.O.1480,c.454,as amended) .$ NII
(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? nia -
7. Other remarks and explanations, if necessary. Transfer for Road Improvement to Municipality
Sworn before me at the Town of Tillsonburg
in the Coup of Oxford
this day of October 2001 _ } ' A
HA LYIlN CAMP LL a Commisslonef,Bla. I
Allif ' County of oxiard,for Gibson,Linton,Toth, D.BRADLEY BE T�'
Corn issioner for taking Affidavits,etc. Campbell��a &Bennett,Barristers and$ollciWrs. signs re s)
£ii flilauei4 9,20QZ j
Property Information Record i, For Land Registry Office Use Only
A. Describe nature of instrument:
Transfer/Deed of Land Registration Na.
B. (0 Address of property being conveyed(if available) R.R.# Aylmer,Ontario. N5H 2R
(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,Ont.NOJ Registration Date Land Registry Office No.
1YO
D. (i)Registration number for last conveyance of property being conveyed(If available) not available —
(i)Legal description of property conveyed: Same as in D.0)above. Yes❑ No❑X Not known❑
E. Name(s) and address(es) of each transferee's solicitor
GIBSON,LINTON, TOTH, CAMPBELL & BENNETT (Att: D.Bradley Bennett)
. , ; r , p l, . ' i I t . „ I n .ri i 4 4H3
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes❑ No❑
(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? Yes❑ No❑
(d) If Yes,do all individual transferees wish to support the French Language School Board (where established)? Yes D No❑
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)