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HomeMy WebLinkAboutBy-law No. 2002-002 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2002-02 A BY-LAW TO AUTHORIZE THE ACCEPTANCE OF REAL PROPERTY DESCRIBED AS PART 2 ON REFERENCE PLAN 11R-4691 AND TO DECLARE IT AS PART OF THE PUBLIC AND TRAVELLED ROAD SYSTEM (BAYHAM NORFOLK BOUNDARY ROAD) 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 Section 297 (1) of the said Act provides in part that the Council of every municipality may pass by-laws for establishing and laying out highways; AND WHEREAS Section 300 (1) of the said Act provides in part that before passing a by-law for establishing or laying out a highway, notice of the proposed by-law shall be published, however Section 301 of the said Act provides that where the owners and other persons interested in the lands required for to be taken for the highway consent in writing, or where such land has been acquired by the corporation, section 300 does not apply; AND WHEREAS the Council of the Municipality of Bayham is desirous of formally documenting a portion of the travelled road known as Bayham Norfolk Boundary Road, identified as Part 2 on Plan 11R-4691, as part of the open and travelled road system of the Municipality of Bayham; AND WHEREAS the property owners, being 504373 Ontario Ltd., have executed a Transfer/Deed in favour of the Municipality; AND WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to accept such Transfer/Deed; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Transfer/Deed of Land affixed hereto and forming part of this by-law, being a transfer from 504373 Ontario Ltd.,for lands described as Part of Lot 28, Concession 8 in the Municipality of Bayham,(formerly geographic Township of Bayham),in the County of Elgin,more particularly described as Part 2 on Reference Plan 11R-4691,be and same is herby accepted, and the Solicitor be authorized and directed to register the subject Transfer at the Land Registry Office for the Registry Division ofElgin, (No. 11). 2. THAT the lands described as Part of Lot 28, Concession 8, being Part 2 on Reference Plan 11R-4691, be and same is hereby declared as part of the public and travelled road system of the Municipality of Bayham as part of Bayham Norfolk Boundary Road. READ A FIRST AND SECOND TIME this 17th day of January,2002. READ A THIRD TIME AND FINALLY PASSED this 17th day of January,2002. ,. yam a. 6. `.. .1"-e MAYO CT Province CAKEsoft inc. V, of Transfer/Deed of Land (416)367-0600 Ontario Form 1 -Land Registration Reform Act 1211898 A 3, „.., = c.._ . (1) Registry ® Land Titles 11:1 (2) Page 1 of 2 pages .—I (3) Property Block Property CO rn � f Identifier(s) Additional: s ws\./ See CO , , C"7 Schedule CVi $.: \ F— (4) Consideration iCL.Q i fl. r--F �. I c Two Dollar$ 2.00 r �' — t1 lst 2 .. N c” (5) Description This is a: Property Property o n\ c. Division ® Consolidation ❑ w D .. ` w 1..1 ,-�'Part Lot 28, , Concession 8 E rJ., Municipality of Bayham 0 New Property Identifiers Geographic Township of Bayham o Additional: County of Elgin See D Schedule designated as PART 2 on Reference Plan 11R-4691 Executions I Additional: See ElSchedule (6} This (a) Redescription (b)Schedule for: {7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch ❑ Description ❑ Parties 0 Other ❑ (8) Transferor(s)The transferor hereby transfers the land to the transferee .0.1,•.q:..,,_>.•i.-•g.7.4.-u:v.a.•r•..e•m Wbu.'1' z.:Ea't:r.F4.mt.a.r••e,-.u• Date of Signature Nam e(s) Signal s} Y M D 504373 ONTARIO LTD. 2001 /0 a5 per: Edgar , President & Secretary I have the authority to bind the Corporation (9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D (10) Transferor(s)Address for Service R. R. #6, Tillsonburg, Ontario N4G 4G9 (11) Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM " FOR ROAD WIDENING PURPOSES" (12) Transferee(s)Address P.O. Box 160, Straffordville, Ontario NOJ 110 for Service , (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 0 Signature s , Signature Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to determine that this transfer does not contravene that section and based on the information supplied by the transferor,to The best of my knowledge and iR belief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date te of Signature 2 Name and a Address of1 • SolicitorSignature ...,.-_.._._.____..............._......_.........-_._.._._.......__...,........_......_............._._. _ 4 (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 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 m 1 does not 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. fl Dateof Signature bD ,� Name and tI Address of t Solicitor Signature (16) Assessment Roll Number Cty. €Mun.� Map Sub. Par. } Fees and Tax of Property 1 I NOT ASSIGNED z O Registration Fee t (16) Municipal Address of Property (17) Document Prepared by: w ra R. R. #6 File No. 4498 Land Transfer Tax Tillsonburg, Ontario Morris, Jenkins &Gilvesy } 0 N4G 4G9 Barristers&Solicitors �+ o 19 Ridout Street East, P.O. Box 280 0 - Tillsonburg, Ontario N4G 4H8 A i Total `-•�):87-0600 (a1s}3137-0800-osao '.:.13ware In (AKES°n Inc. •- Affidavit of Residence and of Value of the C ideration August 1993 1711998 Refer to all instructions on reverse side. Form 1 - Land Transfer Tax Act INT E TIER FTFiECONVEYANCEOF(insert brlerdesrrlprlanorlend) Part Lot 28, Concession 8, Municipality of �a Geo- a.hic To.�-1. . . t.. a:ii • . • • . • - -'_.._ - -d as PART 2 on Reference Plan n 11R-4691 r1/ n BY(print names of elf transferors to full} 5043 73 Ontario Ltd. TO(see instruction 1 and print names of all transferees in full) The Corporation of the Mini r i pa]-t t-y of Rayham i, (see instruction 2 and print name(s)In full) Lisa Chris tine Gilvesy 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));(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 815.PCX solicitor acting in this transaction for(insert name(s)of principal(s)) The Corpo ati on of t-hP Mini ri pality of Bayhafn described In paragraph(s) (a),(b), (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),(h), (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 arid on behalf of(insert name of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph(a), (b)or(a)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)(0)of the Act.The land conveyed in the above-described conveyance ❑ contains at least one end 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 cent upon ❑ does not contain a single family residence. the value of consideration in excess of$400,000 where the conveyance contains at least ❑ contains more than two single family residences.(see instruction 3) one and not more than two single family residences. 3. 1 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: 2.00 (a) Monies paid or to be paid in cash $ (b) Mortgages (I) Assumed(show principal and interest to be credited against purchase price) $ nil (Il)Given back to vendor S nil (c) Property transferred in exchange(detail below) S nil All Blanks (d) Securities transferred to the value of(derail below) S nil ............. .... Mus!be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject $ nil l (f) Other valuable consideration subject to land transfer tax(detail below) S nil . Filled M. (g) VALUE OF LAND,BUILDING,FIXTURES AND GOODWILL SUBJECT TO 2.00 2.00 Insert"Nil" LAND TRANSFER TAX (Total of(a)to(f)) ................. ...................................................................... 3 . - (h) VALUE OF ALL CHATTELS-items of tangible personal property nil Where (Retail Sales Tax is payable en the value of ell chattels unless exempt under $ Applicable. the provisions of the'Retail Sales Tax Act",R.S.O. 1960,0.454,as amended) (i) Other consideration for transaction not Included in(g)or(h)above $ nil {j) TOTAL CONSIDERATION . ............ s 2.00 - 5. if consideration Is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 5) no relationship _ 6. If the consideration is nominal, is the land subject to any encumbrance? no 7. Other remarks and explanations, if necessary. Deed given to Municipality for Road_ Widening Trlrpoces_ Sworn before me at the Town of Tillsonburg in the County of Oxford this 22nd day of Nov , 001 4011 A Commissioner +r telt` • Affl+= i -C. } .47.,.;1 Lisa inti e Giklweisy Property Information Record Deed/Transfer For Land Registry Office Use Only A. Describe nature of instrument: Registration No. B. (i) Address of property being conveyed(If available) R,R-#6 Tillsonburg, Ontario (ii) Assessment Roll No.(If available) not RSRi gneti C. Mailing address(es)for future Notices of Assessment under`t� the Assessment Act for property being conveyed(see Instruction 7) P.O. Bax 160 Registration Date Land Registry Office No. Straffordvil7e, Ontario . D. (i) Registration number for last conveyance of property being conveyed(if available) 408656 (ii) Legal description of property conveyed;Same as in D.(i)above. Yes ❑ No ® Not Known ❑ E. Name(s)and address(es)of each transferee's solicitor Lisa C. Gilvesy MORRIS JENKINS and GILVESY, P.O. Box 280, Ti1'1snnhiir.g Ontario N4G 4H8 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 2 Yes ❑ No❑ (c) Do all individual transferees have French Language Education Rights? Yes ❑ No ❑ (d) If yes,do ail individual transferees wish to support the French Language School Board(where established)? Yes ❑ 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).