HomeMy WebLinkAboutBy-law No. 2005-018 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2005-018
A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL
PROPERTY IN THE MUNICIPALITY OF BAYHAM
DESCRIBED AS PART OF LOT 27,CONCESSION 8,IN THE
MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 2
ON PLAN 11R-8275.
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 11 of the Municipal Act, 2001, S.O. 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 Council of the Municipality of Bayham is desirous of acquiring property for
the purpose of road improvements for the road known as Coyle Road;
AND WHEREAS the Council of the Municipality of Bayham deems it expedient to dedicate said
lands as a public highway;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the
acquisition and dedication by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor
and Clerk to execute such documents as may be necessary to provide for the purchase of
real property from Grant and Mary Ann Harbey, being part of Lot 27, Concession 8, in the
Municipality of Bayham,designated as Part 2 on Plan 11R-8275;
2. AND THAT the said acquisition of real property shall be in accordance with the Land
Purchase Agreement attached hereto as Schedule "A" and forming part of this By-law;
3. AND THAT the lands designated as Part 2 on Plan 11R-8275 be dedicated as part of the
public highway known as Coyle Road;
4. AND 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 3rd DAY
OF MARCH 2005.
AO
��` CLERK
Municipality of Bayham
Land Purchase Agreement
I/we, the undersigned, agree to accept as full compensation due for land to be purchased
for road improvement purposes, including injurious affection, the amount outlined in
detail below:
1. The area of land involved is approximately 0.716 acres.
2. The lands shall be transferred free from any and all encumbrances.
3. The compensation for the lands being acquired and for other injurious affection
shall be N/A dollars per acre, or$4,000.00 in total.
4. The legal survey shall be completed at the expense of the Municipality to
establish the limits of the land acquisition.
5. Other conditions of this land purchase agreement are as follows:
Screening(cedars) to be placed in the southeast corner of the subject lands
(final location and number to be determined by the Municipality)
The traveled portion of Coyle Road to be closed will be removed to the
Municipality's satisfaction, and the lands retained by the Municipality for
the period that Grant Thomas and Mary Ann Harvey reside at the subject
property.
Wood remaining from the clearing of trees carried out by the Municipality
for the road realignment on the subject lands shall be provided to the
Owner.
Any topsoil surplus to the needs of the Municipality taken from the subject
lands during road realignment shall be provided to the Owner
A copy of the survey of the acquired lands will be provided to the Owners
- The Municipality will be responsible for legal and survey costs to
complete the land transfer.
It is further understood that no verbal promises have been made except as indicated in
writing on this agreement and this agreement does not bind the Municipality until
accepted by the Municipal Council and is subject to rejection by the Council in which
case this agreement becomes null and void.
So far as I/we know, I/we are the owner(s) entitled to convey the land required by the
Municipality being part of Lot 27, Concession 8, in the Municipality of Bayham,
identified by Roll#34-01-000-006-09410
Signature of Owner(s)
Grant Thomas Harvey Date
ary : Harv-y ate
For the Municipality
Province Do Process Software Ltd. •• (416)322-6111
. sD
,,r. of Document General
Form 4—Land Re,Istratinn Reform Act
1I (1)Registry ® • Land Titles ❑ (2) Page 1 of ?..
pages
(3)Property Block Property Additional:
ID AASde
Schedule
GU -
1- E'er (4)Nature of Document
=- s: C. s BY-LAW
Cs-.1 r- .....t
>- = t"— (5)Consideration
Ia.: p,_
O 1,,t) c ; ..
6 7Dollars 3
w Q
Co O C'a : (6)Description
w ca i 1 Y '
,0—� i-- ' >rt of Lot 27, Concession 8,
L.L.
lar. \ eographic Township of Bayham, t
Et co Municipality of Bayham, County of 000 A
Lir
0 being designated as PART 2, on Plan 11R-8275.
New Property Identifiers
Additional:
See El
Executions
(7) This (a)Redescription (b)Schedule for:
Additional: Document New EasementAdditional
See Contains:
Schedule ElPlan/Sketch ❑ Description ❑ Parties ❑ Other El
(8)This Document provides as follows:
see Schedule -BY-LAW- 2005-018
Continued on Schedule❑
(9)This Document relates to Instrument number(s)
(10)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
THE CORPORATION OF TILE MUNICIPALITY OF BAYHAM PER: 2OO
NAME : Ve2)"..
We have the authority to bind the Corporation. TITLE: MA
}� 2005 '
PER: 8-3- Q9
NAME:k'Vivvr9 /7A444€l
TITLE: CLERK
(11) Address
for Service BOX 160,STRAFFORDVILLE,ONTARIO NOJ 1Y0
(12)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
(13) Address '
for Service
(14)Municipal Address of Property (15)Document Prepared by: >- Fees and Tax
J
SCOTT K. CAMPBELL p Registration Fee
Lu
GIBSON,LINTON,TOTH,CAMPBELL
road allowance &BENNETT w
U
Straffordville,Ontario 36 Broadway,Box 5, o
NOJ 1Y0 Tillsonburg,Ontario.N4G 4H3 tr
0 Total
h'fi,,
Document prepared using Farm'LWare LandForms
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2005-018
A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL
PROPERTY IN THE MUNICIPALITY OF BAYHAM
DESCRIBED AS PART OF LOT 27,CONCESSION 8,IN THE
MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 2
ON PLAN 11R-8275.
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 11 of the Municipal Act, 2001, S.O.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 Council of the Municipality of Bayham is desirous of acquiring property for
the purpose of road improvements for the road known as Coyle Road;
AND WHEREAS the Council of the Municipality of Bayham deems it expedient to dedicate said
lands as a public highway,
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the
acquisition and dedication by by-law;
NOW THEREFORE I'HE COUNCIL OF THE CORPORATION OF 1'13h,
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
I. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor
and Clerk to execute such documents as may be necessary to provide for the purchase of
real property from Grant and Mary Ann Hartley,being part of Lot 27,Concession 8,in the
Municipality of Baybarn,designated as Part 2 on Plan 11R-8275;
2. AND THAT the said acquisition of real property shall be in accordance with the Land
Purchase Agreement attached hereto as Schedule"A"and forming part of this By-law;
3. AND THAT the lands designated as Part 2 on Plan 11R-8275 be dedicated as part of the
public highway known as Coyle Road;
4. AND 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 3"d DAY
OF MARCH 2005.
CLERK
1, LYNDA MILLARD, CLERK
of t'-" f'^-*, +.?^n of the Municipality of Bayhare,
oer4 t. x, is a certified true cc^y
Province Do Process Software Ltd. •• (416)322-6111
=MI Province
of Transfer/Deed of Land A
• Ontario Form 1--Land Registration Reform Act
1 „.__ 1/
C., c-) _
`; (1)Registry ❑X Land Titles ❑ (2) Page 1 of r L. pages )
,� "~`� ; s (3) Property Block Property
Additional:
c.: r; Identifier(s) ❑
See
r 7 , r {--- Schedule
tet t— • . (4)Consideration
Lf) = i.
=6— c.: ^ FOUR THOUSAND Dollars$4,000.00
o Q toz �Wr C
(5)Description This is a: Property Property
- n
j iy. c, ,w Division Consolidation
LiL i. u.� ` C.a + ,
U +..+t
' .:.c}:Part of Lot 27, Concession 8,
0 " Geographic Township of Bayham,
D= New Property Identifiers Municipality of Bayham, County of ,0[ •.iN
o
See
ditional: being designated as PART 2,on Plan 11R-8275."
Schedule ❑
Executions
Additional:
See El
(6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
Document New EasementAdditional Fee Simple
Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑
(6)Transferor(s)The transferor hereby transfers the land to the transferee and certifies that the tran,lenor is at least eighteen years old and that
We are spouses of one another.
Date of Signature
Name(s) Signatur:. Y M D
HARVEY, Grant Thomas -I flivsfr 7 Odin vC,�.J 2005 6'1
HARVEY, Mary Ann ,,,6,7a,...._..4(.7.,• _ 2005 Ij o l
(9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M 0
(10) Transferor(s)Address R.R. #6, Tillsonburg, Ontario N4G 4G9
for Service g
(11)Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(12) Transferee(s)Address Box 160 Straffordville Ontario NOJ 1Y0
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 D
Signature J 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
z0 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
H does not contravene that section.1 am an Ontario solicitor in good standing. Date of Signature
a Name and Y M D
O Address of
Solicitor Signature
< (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
c c 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
Eahs 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.
a II
E S
0E-
...
g°' Name and
L Address of Date of Signature
Solicitor Y M D
01
Signature
(15)Assessment Roll Number Cly. Mun. Map Sub. Par. ill, Fees and Tax
of Property not assigned z
O Registration Fee
(16)Municipal Address of Property (17)Document Prepared by: w
SCOTT K. CAMPBELL S Land Transfer Tax
GIBSON,LINTON, TOTH, CAMPBELL 6
road allowance &BENNETT L.T.
Straffordville, Ontario 36 Broadway,Box 5, o
NOJ 1YO Tillsonburg,Ontario.N4G 4H3 0
ql Total
Document prepared using Farm'L'Ware LandForms
Do Process Software Ltd. • (416)322-6111 Page 2
Property Identifier(s)No.
Ministry of Finance Land Transfer Tax Affidavit
Ontario Motor Fuels and
Tobacco Tax Branch Land Transfer Tax Act
PO Box 825
33 King St West
Refer to instructions on reverse side. Oshawa ON LIN 81-19
In the Matter of the Conveyance of(insertbriefdescriptionofland) 1 I I { ! . 't r _ ? r r r • I r t r
Bayham.Municipality of Bayham, County of gad;being designated as PART 2,on Plan 11R-8275.
By (print names of all transferors in full) Grant Thomas Harvey and Mary Ann Harvey
TO (print names of all transferees in full) The Corporation Of The Municipality Of Bayham
r SCOTT K. CAMPBELL
have personal knowledge of the facts herein deposed to and Make Oath and Say that:
1. I am(place a clear mark within the square opposite the following paragraph(s)that describe(s)the capacity of the deponents):
❑ (a) the transferee named in the above-described conveyance;
❑X (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 f.
(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 or an officer authorized to act on behalf of the transferor company and❑ 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 .$ 4,000.00
(b)Mortgages(i)Assumed(principal and interest) .$ Nil All blanks
(ii)Given back to vendor .$ Nil must be filled
(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)) . .$ 4,000.00$ 4,000.00
(g)Value of all chattels-items of tangible personal properly
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 .$ 4.000.00
3. To be completed where the value of the consideration for the conveyance exceeds$400,000.00.
I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above-described conveyance:
❑ does not contain a single family residence or contains more than two single family residences;
❑ contains at least one and not more than two single family residences;or
❑ contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has
accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ 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 per cent 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. property being conveyed to the Muni ' ality for road widening purposes.
Sworn/affirmed before me in the Town of Tillsonburg
County of Oxford
Signature(s)
this /p2 day of 20 05
` L;ARS4+.A Lr.IN CAME TELL,a Commissioner,etc..
t Curly ui G:,r {,;,tr X1950"s',L'1TO'l,TOTH,
A o tssioner for taking Affida ret CM° E-&-BRif4e�F,Sariisters and Solicitors.
Expires February 9,2006.
Property Information Record
A. Describe nature of instrument: Transfer/Deed of Land
B. (i) Address of property being conveyed(if available) Fot Land Registry Office Use Only
road allowance,Straffordville,Ontario,NOJ 1Y0 Registration No
(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 Registration Dat; (year/Mum/Day)
Box 160, Straffordville, Ontario NOJ 1170 _ I I 1 I I I
Land Registry Office No
D. (i) Registration number for last conveyance of property being conveyed pi 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: SCOTT K.CAMPBELL,GIBSON,LINTON,TOTH,CAMPBELL,&BENNETT
36 Broadway,Box 5,Tillsonburg,Ontario.N4G 4113
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). 0449K(2004-04)