HomeMy WebLinkAboutBy-law No. 2002-015 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2002-15
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
GRANT OF EASEMENT AGREEMENT NO. 456 WITH THE
MINISTRY OF NATURAL RESOURCES
(PORT BURWELL SEWAGE TREATMENT PLANT
EXFILTRATION BED)
WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to enter into
a Grant of Easement agreement with The Province of Ontario Ministry of Natural Resources to
provide a"right-of-way"in regard to"exfiltration bed"within the Municipality of Bayham.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS.
1. THAT the Mayor and Clerk be and are hereby authorized to execute a Grant of Easement
Agreement No.456 with the Province of Ontario Ministry of Natural Resources
2. THAT the said Agreement is attached hereto as Appendix'A'and forms a part of this by-law
3. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 21f4 day of
February 2002.
MAYOR CLERK
3.114
F\ .;
r' Province of Ontario
Province de I`Ont 'rio.t
Elizabeth the Second, by the Grace of
God of the United Kingdom,Canada and Her
other Realms and Territories Queen,Head of
the Commonwealth, Defender of the Faith.
Elizabeth Deux,par is grace de Dieu,Reim
du Royaume-Unl,du Canada et de ses autres
royaumes et territolres,Chef du Common-
wealth,Defenseur de la Fol.
To all to whom these Presents shall
Come, Greeting:
A tous ceux et cellos qui prendront
connaissance des presentes :
KNOW YE that, under the authority of the PUBLIC LANDS ACT,
in consideration of the sum of SEVEN HUNDRED AND FIFTY DOLLARS
well and truly paid to Our use at or before the sealing of these
Our Letters Patent, WE HAVE GRANTED, and by these Presents DO
GRANT, unto
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, in fee simple
All those Parcels or Tracts of Land more particularly
described in the attached Schedule.
SAVING, EXCEPTING and RESERVING unto Us, Our Heirs and
Successors, all ores, mines or minerals which are or shall
hereafter be found on or under the Land hereby granted.
ALSO SAVING, EXCEPTING and RESERVING the free use, passage
and enjoyment of, in, over and upon all navigable waters which
shall or may hereafter be found on or under, or be flowing
through or upon, any part of the Land hereby granted, and
RESERVING ALSO the right of access to the shores of all rivers,
streams and lakes for all vessels, boats and persons.
ALSO SAVING, EXCEPTING and RESERVING the surface rights only
in and over any public or colonization roads or any highways
crossing the said Land at the date of these Letters Patent.
2108(ol15j
SCHEDULE
FIRSTLY
Part of Location CL 11432, ,
Being part of the Accreted Lands in front of Lot 11,
Concession 1,
Township of Bayham,
County of Elgin,
Containing 0.7468 hectares, more or less,
Designated as Part 1, on Reference Plan 11R-7351.
SECONDLY
All that parcel or tract of land,
Being part of the Accreted Lands in front of Lot 11,
Concession 1,
Township of Bayham,
County of Elgin,
Containing 0.517 hectares, more or less,
Designated as Parts 6 and 7, on Reference Plan 11R-2446.
Office of the Surveyor General
rdh/3-Aug-00/
ALSO SAVING, EXCEPTING and RESERVING the surface rights only
in ten per cent of the acreage hereby granted for roads and the
right to lay out the same where the Crown or its officers may
deem necessary.
The Land hereby granted is subject to the provisions of
Section 65 of the Public Lands Act.
GIVEN under the Great Seal of Our Province of Ontario,
WITNESS: THE HONOURABLE HILARY M. WESTON,
LIEUTENANT GOVERNOR OF OUR PROVINCE OF ONTARIO.
At Our City of Toronto in Our said Province this twenty-eighth
day of January in the year of Our Lord two thousand and two and
in the fiftieth year of Our Reign.
BY COMMAND
Vishnu Prasad
Co-ordinator, Crown Land Registry
Land Management Section
Ministry of Natural Resources
Ref. No. 159242
Main Office File No. 110822
Land Registrar,
Ministry of Consumer and Business Services,
will mail duplicate to:
The Corporation of the Municipality of Bayham
P.O. Box 160
9344 Plank Road
Straffordville, Ontario
NOJ 1X0
Attention: Kyle Kruger, Administrator
? Ministry of
* Natural
��.®i�i Resources
Ontario
PROVINCE OF ONTARIO. _-r-
.. . 1 -
MINISTRY
1 -MINISTRY OF NATURAL RESOURCES cn
c.)
GRANT OF EASEMENT {,D
NO. 456
THIS INDENTURE made, in duplicate, the twenty-third day of
January in the year of Our Lord two thousand and two pursuant to
the Public Lands Act,
BETWEEN:
THE MINISTER OF NATURAL RESOURCES
for the Province of Ontario,
hereinafter called the "Grantor" ,
OF THE FIRST PART;
- and -
THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM,
hereinafter called the "Grantee" ,
OF THE SECOND PART;
WITNESSETH that under the Public Lands Act and in
consideration of the Sum of SEVEN HUNDRED AND FIFTY DOLLARS
$ (750 . 00) now paid by the Grantee to the Minister of Finance of
Ontario, the receipt whereof is hereby acknowledged, and the
covenants and agreements hereinafter contained on the part of the
Grantee to be observed and performed, the Grantor doth hereby
grant, convey, transfer, and confirm unto the Grantee, its
successors and assigns, as and from the first day of January,
2002 , the right, licence, liberty, privilege and easement on,
over, under and through the public lands situate, lying and being
in the Township of Bayham, in the County of Elgin and Province of
Ontario, being more particularly described in Schedule "A"
attached hereto, and which public lands are hereinafter referred
to as the "right-of-way" to lay down, construct, operate,
maintain, inspect, patrol, alter, remove, replace, re-locate, re-
construct and remove at any time and from time to time, an
exfiltration bed hereinafter referred to as the "works" , on the
following terms and conditions which are hereby mutually
covenanted and agreed to by and between the Grantor and the
Grantee :
2115
Page 2
1 . The right, licence, liberty, privilege and easement
hereby granted shall continue in perpetuity or until
the Grantee shall surrender, execute and deliver a
transfer and release thereof .
2 . Subject to the rights granted herein to the GranLee,
Her Majesty the Queen in right of Ontario shall have
charge of the administration, management, sale and
disposition of the land and shall have the right to
fully use and enjoy it .
3 . (1) Where Her Majesty the Queen in right of Ontario
makes a disposition of public lands comprising in
whole or in part, any part of the right-of-way,
the person to whom the disposition is made, his
heirs, executors, administrators, successors and
assigns, or any of them may use the surface layer
of land,
(a) for the growing of crops and the grazing of
live-stock;
(b) with the consent of the Grantee, for the
purpose of a road, trail or lane crossing the
right-of-way or any other crossing, provided
that where the right-of-way is owned by a
municipal corporation, commission, public
utility or other agency or authority of a
public nature, the consent of the Grantee
shall not be required except as to the
location thereof .
(c) for any purpose consistent with municipal
zoning.
(2) The owner or lessee of the mines or minerals lying
in, on or under the right-of-way may work and
prospect for mines or minerals, provided that the
safe operation of the works of the Grantee is not
interfered with or endangered.
4 . The Grantee agrees to restore at its own expense the
right-of-way to its approximate condition as the same
existed immediately prior to the installation of the
works and to restore all fences damaged during such
installation or during any subsequent operations by the
Grantee, to the satisfaction of the Grantor so far as
is consistent with the use of the easement hereby
granted and the Grantee will compensate the Grantor for
any trees, shrubs, and crops or any of them destroyed
or fences not restored at a valuation determined by the
Grantor.
5 . The Grantee will compensate Her Majesty the Queen in
right of Ontario for any loss, damage or expense
resulting from, caused by or in any manner connected
with the exercise of the rights granted herein or which
would not have happened but for the existence of the
works or this easement, provided that the obligation to
compensate Her Majesty shall not apply if a court of
competent jurisdiction has ruled that such loss, damage
or expense is attributable to the acts of the Grantor,
Her Majesty the Queen in right of Ontario, Her
officers, servants and agents or any of them, in
deliberate or reckless disregard for the rights granted
herein.
Page 3
6 . Notwithstanding any rule of law or equity, the works
shall at all times remain the property of the Grantee
notwithstanding that the same may be annexed or affixed
to the land and shall at any time and from time to time
be removable in whole or in part by the Grantee; its
successors and assigns .
7 . In the event that the Grantee abandons the works, the
Grantee may, .with the consent of the Grantor, leave any
part thereof in place .
8 . The Grantee performing and observing the covenants and
conditions on its part to be performed and observed,
shall and may peaceably hold and enjoy the rights,
liberties, privileges and easement hereby granted,
without let, hindrance, molestation or interruption on
the part of the Grantor or of any person claiming by,
through, under or in trust for the Grantor.
9 . All notices to be given hereunder may be given by
registered letter, addressed to the Grantee at
P.O. Box 160
9344 Plank Road
Straffordville, Ontario
NOJ 1Y0
or to the Grantor at the
Ministry of Natural Resources,
Parliament Buildings,
Toronto, Ontario
M7A 1W3 ,
or such other address as the Grantor or Grantee may
respectively, from time to time designate by letter,
and any such notice shall be deemed to have been given
to and received by the addressee three days after
mailing thereof, postage prepaid and registered.
10 . The right, licence, liberty, privilege and easement
herein granted are hereby declared to be appurtenant to
the lands of the Grantee situate, lying and being in
the Municipality of Bayham, in the County of Elgin and
Province of Ontario, being more particularly described
in Schedule "B" attached hereto.
11 . The Grantee covenants to indemnify, keep indemnified
and save harmless the Grantor, Her Majesty the Queen in
right of Ontario, Her officers, servants and agents or
any of them, hereinafter collectively referred to as
"the Grantor" from and against all claims, demands,
costs, suits, actions or proceedings, causes of action,
loss, damage, expense or injury including death, of any
nature or kind whatsoever, resulting from, caused by or
in any manner connected with the exercise of any right
granted herein or which would not have happened but for
the existence of the works or this easement, and the
Grantee hereby waives, releases and forever discharges,
the Grantor from all claims, demands, costs, suits,
actions or proceedings, causes of action, loss, damage,
expense or injury including death, of any nature or
kind whatsoever, which the Grantee has or hereafter
shall or may have resulting from, caused by or in any
manner connected with the exercise of any right granted
herein or which would not have happened but for the
existence of the works or this easement, provided that
SCHEDULE A
Part of Location CL 11432,
Being part of the Accreted Lands in front or. Lot' ii,
Concession 1 ,
Township of. Bayham,
County of Elgin,
Containing 0 . 0696 hectares, more or less,
Designated as Part 2, on Reference Plan 11R-7351
Ott ice of the Surveyor General
I clh/3-Aura-C l)/
ic.�u
SCHEDULE "B"
WHEREAS the Transferee is the owner in fee simple of those lands and premises
situate, lying and being in the Municipality of Bayham, in the County of Elgin
and Province of Ontario, being composed of Lots 2, 3 and 4, Plan 205.
Page 4
the indemnity and release herein shall not apply if a
court of competent jurisdiction has ruled that such
claims, demands, costs, suits, actions or proceedings,
causes of action, loss, damage, expense or injury
including death, of any nature or kind whatsoever are
attributable to acts of the Grantor in deliberate or
reckless disregard for the rights granted herein.
12 . The rights, liberties, privileges and easement hereby
granted are and shall be of the same force and effect
to all intents and purposes as a covenant running with
the land, and this Indenture, including all the
covenants and conditions herein contained, shall extend
to, be binding upon and enure to the benefit of the
successors and assigns of the parties hereto
respectively.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals .
latkPLAAA. la04-0-41
Vishnu Prasad
Co-ordinator, Crown Land Registry
Land Management Section
Ministry of Natural Resources
for and on behalf of the
Minister of Natural Resources
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY .�1
---�L
M �
AND: "ti p ri ( Lk,JQ 3 ,Q_
Grant of Easement No. 456
Main Office File No. 110822
The Corporation of the Municipality of Bayham
P.O. Box 160
9344 Plank Road
Straffordville, Ontario
NOJ 1Y0
Attention: Kyle Kruger, Administrator
Do Process Software Ltd. • (416)322-6111 Affidavit of Residence and of Value of the Consideration
Refer to alt Instructions on reverse side. Form 1 —Land Transfer Tax Act
IN THE MATTER OF THE CO( .'EYANCE OF (Insert brief description of lend)., location CL 114.3, Part Of
accreted land in front of Lot 11 , Concession 1 , Municipality of
. Rayham ('.runty .elf.-,Rai rgl Ti ries i grated as Part 7 , UR-7151 .:..._Y
BY (print names of ail transferors in full)
Ministry of ifaturr&l Resources
TO (see instruction 1 and print names of all transferees in full) M11rij d $T itv of Bavham
, (see instruction z and print name(e)In full). - . } - . - ,. . hail i t y of Rayham Prnv_i ricers n f Orre_nr i a
AAminirtreenr ,
HAKE OATH AND SAY THAT:
I. 1 am (placer clear merle within the sgu.re opposite that one of the following paragraphs that describes the capacity of the deponent(a)):(aa.lnatrvctlon 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(.)of prtncipal(r)) „ . ' - ., • .- . , „
described in paragraph(s) tel, (t)Q, (c) above; (strike out references to Inapplicable paragraphs)
0 (e) The President,Vtce-President,Manager,Secretary,Director,or Treasurer authorized to act for(Insert name(s)ofcorporedon(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
Q (I) A transferee described in paragraph( ) (heart Only one of paragraph(a).(Nor(c)above,as applicable) and am making this affidavit on my own behalf and on
behalf of(Insert name ofspouae) who Is my spouse described
In paragraph( ) (insert only one ofparagreph(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 considerstlon for the conveyance exceeds$400,000).
I have read and considered the definition of"single family residence"set out In clause 1(1)08)of the Act.The land conveyed In the above-described conveyance
contains at least one and not more than two single family residences, Note:Clause 2(1)(d)Imposes additional the rate of one-half of one per
does not contain a ample family residence. pont upon the valve of oonses anion In excessaltax of at the.r00 whore the conveyance
contains more than two single family residences. (gee instruction 3) contains at least one end not more then two single famty residences.
3 I have read and considered the definitions of"non-resident corporation" and "non-resident person"set out respectively In clauses 1(1)(1) end (g) of the Act
and each of the following persons to whom or In trust for whom the land Is being conveyed in the above-described conveyance Is a "non-resident corporation"
or a"non-resident person"as sat out In the Act. (as.inatnJctlons 4 and 1) NONE
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash i 128 .93
(b)Mortgages(I)Assumed(show principal and interest to be credited against purchase price) . ,$ Ni 1
(ii)Given back to vendor ,s Nil
(c)Property transferred In exchange(date!)below) $ Nil. All Blanks
(d)Securities transferred to the value of Nebel below) .$ Nil Must Be
(e)Liens,legacies,annuities and maintenance charges to which transfer is subject , . .$ Ni 1
Filled In.
(f)Other valuable consideration subject to land transfer tax(detail below) . , . . ,$ Ni 1 _
(g)VALUE OF LAND,BUILDING, FIXTURES AND GOODWILL SUBJECT TOinsert'Nil'
LAND TRANSFER TAX(Total of(a)to(f)) $ 17$ 9� S, 1 �R alb mere
-
(h)VALUE OF ALL CHATTELS-- Items of tangible personal property Applicable
(Retail Sales Tax is payable on ma virus of alt chattels unions exempt under
Pm provisions of the"Retell Saler Tex Act",R.S.O,1150,c,i34,as amended) . . . .$lei 1
(I)Other consideration for transaction not Included In(g)or(h)above , . . . , . $ 9 .03
(j)TOTAL CONSIDERATION s 137 .96 ..
5. If consideration is nominal.describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction I)
intake outfall Teastewat':r treatment plant
•
5. If the consideration is nominal,is the land subject to any encumbrance?
7. Other remarks and explanations,If necessary. Land tealue loots than-4.20S ftp therefore not subjr+ct to 'josh
trAnxtfer ttrt-r
kk 4 ..
Sworn before me at the ;A,u v,, . V"4, 'i ,.s� c'.,•,,(I,,: ,-
nthe ( r,s.,r,,( t` c' 1_"1 - ' . i
.Ns 7 r t ti. day r",.),.:....1 ,,,,:.,,-,/ iiir moi, t.
1 1 ! J h", ''.a:'r.r (-ii 1•'v;,.a ('unlns)is ILT,erercetc.
• i
2' ` w L aSkel• ,ii 44)�htiE'thI Ira i8e €ethc
,y,°>>t. I.;, � � Ise ,., r s \ %
N.Commslasloner for-taking davits,etc. MaAt�il>jlrlliltlbi8&�°°• It s natures)
Property Information Record FOr Lltnd Registry Office Use
(a ryOnly
k. Describe nature of instrument:.C'r oars 1"A gr+ment fur pi pal i nA `Registration No.
3. (1)Address of property being conveyed(if evellebla)
(11)Assessment Roll No. (Havallabie)
;. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being
conveyed(see irutnvcdon 7) R.gratrutlon Oats Lane Region,Ofrie.No,
] 0)Registration number for last conveyances of property being conveyed or available)
-
(ii)Legal description of property conveyed: Same as in D,(I)above, 'lee 0 No Q Not known El
E Name(s)and addresses)of each transferee's sofldtor
Mt.■re to -I pa li ty of J;wybai' _
P n rinY 15Q 91431 P1 sulk Rrvad _ --
14Fs.f fnrri.ri 1 1 p rint'i.-i n arra 'LYn
School Tax Support(Voluntary Election) Sae reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes 0 No 0
(b) If Yes,do all Individual transferees wish'to be Roman Catholic Separate School Supporters? Yes❑ No 0
(c) Do all Individual transferees have French Language Education Rights? Yes El No Q
(d) If Yes,do all Individual transferees wish to support the French Language School Board(where established)? Yes 0 No 0
NOTE:As to(c)and(d)the land teeing transferred will be assigned to the French Public School Board or Sector unless otherwise directed In(a)and(b). 0400 010-01