HomeMy WebLinkAboutBy-law No. 2005-011 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2005-011
A BY-LAW TO ACQUIRE PART OF LOT 125,
CONCESSION SOUTH OF TALBOT ROAD, DESIGNATED
AS PART 3 ON REFERENCE PLAN 11R-7889 FOR THE
PURPOSE OF ROAD WIDENING
WHEREAS Section 31(6) of the Municipal Act, 2001, S.O. 2001, c. 25 permits Councils of
municipalities to pass by-laws for acquiring land for municipal purposes;
AND WHEREAS the owner of land in Part of Lot 125, Concession South of Talbot Road, is
desirous of selling part of said lot to the Corporation of the Municipality of Bayham for road
widening;
AND WHEREAS the Council of the Municipality of Bayham deems it expedient to acquire land
for the purpose of road widening.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to
execute such documents as may be necessary to provide for the acquisition of real
property designated as Part 3 on Reference Plan 11R-7889.
2. THAT the Clerk be authorized to sign the necessary affidavit under the Land Transfer
Tax Act on behalf of the Corporation for the acquisition and transfer of title.
3. THAT this by-law shall come into force and effect upon final passing.
READ A FIRST AND SECOND TIME this 3rd day of FEBRUARY 2005.
READ A THIRD TIME AND FINALLY PASSED this 3rd day of FEBRUARY 2005.
/ c
i. 44 _:A AA—AO O
MA'O' CLERK
kiid Province Transfer/Deed of Land CAKEsoft Inc. A
(416)367-0600
Ontario Form 1 -Land Registration Reform Act 1212002
(1) Registry ❑x Land Titles ❑ (2) Page 1 of 2 pages
(3) Property Block Property
Identifier(s) Additional:
See
CO css CD Schedule III
P- CJ (4) Consideration 1
"•-•1 -gr 40
ce Two dollars
LO I- G rt '‹ Dollar$ 2.00
0 w 1 ` i. (5) Description This is a: Property X Property f
Lu T c.; Division ❑ Consolidation ❑
LI
W •- Cr)v . =- c Part of Lot 125, Concession South of Talbot Road geographic
u_ cam, Township of Bayham, Municipality of County of Elgin designated as
a New Property Identified $1.. — PART 3 on Reference Plan 11 R-7889 A
wseeitr nal: El ,3 ,,Y�
CD C=3
cr Schedule
Executions
Additional:
See III
(6) This (a)Redescription (b)Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑
(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
John Rene Kriense.Iokker,...am...a._spouse,.The property transferred is not ordinarily occupied by me and my spouse,
who is not separated from me as our family residence. I,Wade Albert Spitzke, am a spouse. The propert
yir
transferred..is..not.o.rdinarily._occupi.ed...by...ri e.an.d...my..s.pouse,who is • -=par d_.from_..me.as._our.fami e gialegrDe
Name(s) Signet . -(- ;
SPITZKE, Wade Albert /1 2005 p 1 31
KRIENSELOKKER, John Rene - 4/ 2005 01 31
(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.#1 Straffordville, ON NOJ 1Y0
(11) Transferee(s) Date of Birth
Y M 0
CORPORATION OF THE MUNICIPALITY OF BAYHAM
•
FOR ROAD WIDENING PURPOSES
•
•
(12) Transferee(s)Address
for Service Box 160 Straffordville, ON NOJ 1Y0
(13) Transferor(s)The transferor verifies that to the best of the transferors 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 . D
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 that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and
Ter belief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
C
•
.2 Name and Y iMVI
oAddress of Signature
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 subclause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer
m
i' does not contravene section 50 of the Planning Act.I act independently of the solicitor far the transferor(s)and I am an Ontario solicitor in good standing.
Er_ 1=2 Date of Signature
i,8= Name and Y M D
s`_m Address of
a.rL Solicitor
m Signature
(15) Assessment Roll Number Cty. Mun ; Map Sub. Par. } Fees and Tax
of Property not assigned
Z Registration Fee
(16) Municipal Address of Property (17) Document Prepared by: w
rn Land Transfer Tax
not assigned 5973
Morris,Jenkins&Gilvesy w
Barristers&Solicitors LI
19 Ridout Street East,P.O.Box 280 LL
O
Tillsonburg,Ontario N4G 4H8 O
u. Total
e __.` A
CAKEaoft,na Property Identifier(s) No.
Land Transfer Tax Affidavit
112u15 967-0660 11 l
00?
Refer to all instructions on reverse side. Land Transfer Tax Act
IN THE MATTER OF THE CONVEYANCE OF(insert brief description of land)
Part of Lot 125, Concession South of Talbot Road geographic Township of Bayham, Municipality of
Bayham, County of Elgin designated as PART 3 on Reference Plan 11R-7889
BY(print names of all transferors in full) Wade Albert Spitzke and John Rene Krienselokker
TO(print names of all transferees in full) Corporation of the Municipality of Bayham FOR ROAD WIDENING PURPOSES
INVe have personal knowledge of the facts herein deposed to and MAKE OATH AND SAY THAT:
1. I amlWe are(place a clear mark within the square opposite the following paragraph(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 I am tendering this document for registration and
E 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 All blanks
(ii)Given back to vendor $
NIL must befilled
(c) Property transferred in exchange(detail below in para.5) $ NIL in.insert
(d) Other consideration subject to tax(detail below) $ NIL "Nil"where
(e) Fair market value of the lands(see Instruction 2) $ NIL applicable.
(f) Value of land, building,fixtures and goodwill subject to
Land Transfer Tax(Total of(a)to{e)) $ 2.00 $ NIL
(g) Value of all chattels-items of tangible personal property
which are taxable under the provisions of the NIL
Retail 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$400,00000
I have read and considered the definition of"single family residence"set out in subsection)(1)of the Act.The land conveyed in the above-described conveyance:
❑ does not contain a single family residence or contains more than two single family residences.
❑ contains at least one and not more than two single family residences.
▪contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has
accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and
the remainder of the lands are used for purposes.
Note: Subsection 2(1)(b)imposes an additional tax at the rate of one-half of one percent upon the value of the consideration in excess of$400,000.00
where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration
where the lands are used for other than just residential purposes.
4. If consideration is nominal, is the land subject to any encumbrance? ❑Yes ❑>< No
5. Other remarks and explanations, if necessary.
Transfer/Deed of Land given for Road Widening Purposes
Sworn before me at Town of Tillsonburg
in the County of Oxford
this day of JalleafY rebroar`+ 20 051
A Commissioner for taking Affidavits, etc.`�,�i�,, A,,��t � �✓
'-•""fir} Signature($)
Property Information Record Wendy Ann Jam,a Cnamhdoaor,otc-.
p rty Comfy e;Oxford,*Marro,kaki=&Ware
A. Describe nature of instrument: Transfer/Deed of Land Banisters and Solieltaras
Explrbi r1lalllS L I• For Land Registry Office Use Only
B. (i) Address of property being conveyed(if available) not assigned Registration No.
(ii) Assessment Roll No. (it-available) not assigned
Registration Date (YeariMonthlDay)
C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed
Township of Bayham Box 160 Straffordville, ON NOJ 1Y0
Land Registry Office No.
D. (i) Registration number for last conveyance of property being conveyed (if available)
(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:
Morris Jenkins&Gilvesy Box 280 Tillsonburg, ON N4G 4H8
School Support (Voluntary Election)(See reverse for explanation) Yes No
(a) Are all individual transferees Roman Catholic? ❑ ❑
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? ❑ ❑
(c) Do all individual transferees have French Language Education Rights? ❑ ❑
(d) If Yes,do all individual transferees wish to support the French Language School Board(where established)? ❑ ❑
Note: As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). 0449H t0e-01i
" rMao 1.7„1,„--„:,-.1.,,„„ PLAN 1IR- 7489
�1yy p OCT MEWED AND DEPOSITED
IS
TALBOT oA1? (E3•WOE) DATE IRlSll4E11 ta. MO pA,E ' + 1y+.L^s
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PART SCHEDULE
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740E2.7
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SWAM FILET
l PART 1IIII I PLAN OF SURLY OF
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ART 1 1 PART OF LOT 125
1
CONCESSION SOUTH OF TALBOT ROAD
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PLAN i7Ft 7479ir
` GEOGRAPHIC TOWNSHIP OF BAYHAM
` ¢ppb MUNICIPALITY THE
l TOWNSHIP OF BAYHAM
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�' SURVEYOR'S CERTIFICATE
- y' 04 'Q Y 1 CFD7VY THAT
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7' �'e 'xp� 1 �] RECULAl10N5 MACE 1ANDER THEM
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DIST MOTO INSINUMENTI
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