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HomeMy WebLinkAboutBy-law No. 2004-084 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2004-084 A BY-LAW TO AUTHORIZE THE ACQUISITION OF LANDS FROM MARIANNE BEAUSOLEIL WHEREAS Section 11 of the Municipal Act, 2001, S.U. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways,including parking and traffic on highways; AND WHEREAS the Marianne Beausoleil made applications for consent on property within the Municipality of Bayham fronting on Eden Line(County Road No. 44); AND WHEREAS the Council for the Municipality of Bayham, for the reasons in report D2004-05, did require as a condition of such consent applications the conveyance of a 20 metre wide parcel of lands to allow potential access to other lands within the hamlet of Eden for development purposes. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Corporation of the Municipality of Bayham does hereby accept the conveyance of lands from Marianne Beausoleil described as Part of Lot 22, Concession 9, designated as Part 5, Reference Plan 11R-8063, in the Geographic Township of Bayham, now in the Municipality of Bayham, County of Elgin, for municipal purposes. 2. 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 7th DAY OF OCTOBER 2004. Imo. AIL � � 0 mdi M• Yl R C ERK __ Province Transfer/Deed of Land A i A Ontario Form 1 -Land Registration Reform Act (1) Registry El Land Titles ❑ (2) Page 1 of 3 pages (3) Property Block Property 8 Identifier(s) Additional: Cf, �- Schedule ❑ to MI �.. a= (4) Consideration Lc) > .!--1_ � r. Two Dollars ~ F' Dollar$ 2.00 ti, us c, I- -1 Cr') s !1i . (5) Description This is a: Property Property c> . LI Consolidation I=1 'LiU3 (NJ :. 4 Part of Lot 22, Concession 9, u_ w designated as PART 5, Reference Plan 11R-8063, 0 New Property Identifiers c % in the Geographic Township of Bayham, Now in the Municipality of ta 0 -Seeitional: ❑ the Township of Bayham,County of Elgin Schedule Executions Additional: See I=1Schedule (6) This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simplej Contains Plan/Sketch ❑ Description 0 Parties ❑ Other 0 L (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 I atrta_sprarse. The property transferred is not ordinarily occupied by me and my spouse, who is not separated from me as our family residence. Date of Signature Name(s) Signature(s) BEAUSOLEIL, Marianne _ _ _ nx. ��� 2004 i All./(7�, (9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D I (10) Transferor(s)Address for Service 565 Broadway Street. Tillsonburg. Ontario N4G 3S8 (11) Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM i (12) Transferee(s)Address for Service P.O. Box 160,9344 Plank Road, Straffordville, Ontario NOJ 1Y0 (13) Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief,hs transfer does not contravene section 50 of the Planning Act Date of Signature I Date of Signature Signature - _ _-- _ 1 Y I_ M 1_D 1 Signature _ __ _ Y I. M D Solicitor for Transferors)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor Ia 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 ! belief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature .2 Name and , Mg Address of Signature - 1 � Solicitor ' (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 subciause 50(22)(c)(11)of the Planning Act and that to the best of my knowledge and belief this transfer ' does not cont avene section 50 of the Planning Act I act independently of the sciicilor for tie transferors)and I am an Ontario solicilor in good srandbg. ffi tr. ~ Name and Date of Signature 411 Address of Y I M D Solicitor Signature ._ __ _. W .J..._ _ _J. (15) Assessment Roll Number I My. Mun. Map Sub. I Par. '} Fees and Tax of Property Not Assigned J ./- � Registration Fee (p (16) Municipal Address of Property (17) Document Prepared by: w ui Nesbitt Coulter LLp Per:Murray R.Bomdahl Land Transfer Tax 183 Thames Street South La v Vacant Property Ingersoll,Ontario L Tillsonburg, Ontario N5C 2T6 to Total CAKEsaft Inc. at Province (416)367-0600 of Schedule 1711998 -%f Ontario Form 5-Land Registration Reform Act ')... S Page 'Additional Property identifier(s)and/or Other information ADDITIONAL SCHEDULE Severance File #E 108103:109103:110103 DESCRIPTION Part of Lot 22, Concession 9, designated as PART 5, Reference Plan 11 R-8063, in the Geographic Township of Bayham, now in the Municipality of the Township of Bayham, County of Elgin W UJ IL ow I Y554 VIII J Property Identifiers) No. Land Transfer Tax Affidavit3 Refer to sil.,:stnrc ions on reverse side. Land Transfer Tax Act IN THE MATTER OF THE CONVEYANCE OF(Insert brief description of land) Part of Lot 22. Concession 9. designated as PART 5. Reference Plan 11 R-8063, in the Geographic Township of Bayham, now in the Municipality of The Township of Bayham, County of Elgin BY(print names ora transferors In full) Marianne Beausoleil TO(print names ofall transferses, ttri!) The Corporation of the Municipality of Bayham I)We have personal knowledge of the facts herein deposed to and MAKE OATH AND SAY THAT: 1. I am/We are (place a dear mark within the square opposite the following paregraph(s)that describe(s)the capacity of the deponents): ❑ (a) the transferee(s)named in the above-described conveyance; ❑ (b) the authorized agent or solicitor acting in this transaction for the transferee(s); ❑ (c) the President,Vice-President,Secretary,Treasurer,Director or Manager authorized to act for (the transferee(s)); • (d) a transferee and am making this affidavit on my own behalf and on behalf of(insert name of spouse or same-sex partner) who is my spouse or same-sex partner. ❑ (e) the transferor and El I am tendering this document for registration and ❑ no tax is payable on registration of this document. 2. 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(principal and interest) $ nil Ail blanks (ii)Given back to vendor $ nil must be tilled (c) Property transferred in exchange(detail below Inpara.a) $ nil in.Insert (d) Other consideration subject to tax(detall below) $ nil `Nir where (e) Fair market value of the lands(see int ruction 2) $ applicable. (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(Tenial(a)b(e)) $ 2.00 $ 2.00 (g) Value of all chattels-items of tangible personal property which are taxable under the provisions of the nil Retell Sales Tax Act $ (h) Other consideration for transaction not included in(f)or(g)above $ nil (I) Total Consideration $ 2.00 3. To be completed where the value of the consideration for the conveyance exceeds$400,000.00 I have read and considered the definition of"single family residence"set out in subsection)(1)of the Ad.The land conveyed in the above-described conveyance: ❑ does not contain a single family residence or contains more than two single family residences. ❑ contains at least one and not more than two single family residences. ❑contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ _.and the remainder of the lands are used for purposes. Note: Subsection 2(1)(b)imposes en additional tax at the rate of one-half of one percent upon the value of the const ere on in excess of$400,000.00 r where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than Just residential purposes. 1. If consideration is nominal,Is the land subject to any encumbrance'? 0 Yes ❑No 5. Other remarks and explanations, if necessary. Transfer hemi n is a condition of ccycrancc . E108/03 ; 109/03 ; 110/03 Sworn before me at WM) L661.16/1ie- in the (iuUNC rare° 'A this /"?Q day of 'l+ - 20 r 4. A Commissioner for taking Affidavits,etc. /9 , " Signature(s) Property Information Record N. Describe nature of instrument: Transfer/Deed For Land Registry Office Use Only 3. (i) Address of property being conveyed(if available) Vacant Property Rag raw:(li) Assessment Roll No.(if available) Not Assigned . Reg+ • stretion Date CYeanMonthlDay) Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed P.O. Box 160,9344 Plank Road, Straffordville, Ontario NOJ 1YO r I ! �� I Land Registry Office No ). (I) Registration number for last conveyance of property being conveyed(if available) (ii) Legal description of property conveyed: Same as in D.(i)above. ❑Vee No El Not Known E. Name(s)and address(es)of each transferee's solicitor: Nesbitt Coulter LLP Per Murray R.Borndahl,183 Thames Street South, Ingersoll,Ontario N5C 2T6__ 3chooi Support (Voluntary Election)(see reverse for explanation) Yes No a) Are all individual transferees Roman Catholic? ❑ 0 b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? 0 0 c) Do all Individual transferees have French Language Education Rights? 0 ❑ d) If Yes,do all individual transferees wish to support the French Language School Board(where established)? 0 0 dote: As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). 0449H(02-01) Province CAKEsoft Inc. `„ l' Discharge of Charge/Mortgage (416)367-0600C Dntsric Form 3-rand Registration Reform Act 1211998 e (1) Registry ® Land Titles NI (2) Page 1 of 1 pages 1 (3) Property Block Property j Identifier(s) Additional: See ❑ c> — R rSchedule >- -;n (4) Description z r— cd -At o' O r-- �..i t.. con �' m > N Part of Lot 22,Concession 9, o cL.L1 CM �; designated as PART 5, Reference Plan 11R-8063 CD / In the Geographic Township of Bayham, Now in the Municipality c.i c of the Township of Bayham, County of Elgin . -- i.- n— \ — New Property Identifiers `'' Additional: t 11 '' See 0 Schedule ` (5) Charge to be Discharged (6)This is a Registration Number Date of Registration Y M D 430737 1 2003 111 119 Complete Discharge ❑ Partial Discharge® Final Partial Discharge 0 (7)Description(cont'd.),Recitals,Assignments This partial discharge does not contravene the Planning Act. Continued on Schedule 0 J (8) Chargee(s) I am the person entitled by law to grant the discharge and this charge is hereby discharged as to the land described herein. Name(s) Signature Date of SlgnaturRe ---.7 '” diVr-r12/ The Totmnt ominio Bank_ D Name: ,.;, n Title: ROME - . . , 1 SUPERVISOR Per: tqC.... Ni _^iE_.F'T _ - Name: , . .._ . . .._--....�.r TWIG_Additional: See Schedule 0 f (9) Chargee r r e i(s)Address (10)Document Prepared by: Fees 1907 Oxford Street East Nesbitt Coulter LLP per: Murray R. 0 Registration Feetu (o te- London, Ontario Bomdahl N5V 4L9 183 Thames Street South w Ingersoll, Ontario LL N5C 2T6 0 Total. ti Ali