HomeMy WebLinkAboutBy-law No. 2005-082 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2005-082
A BY-LAW TO AUTHORIZE THE SALE OF LANDS
OWNED BY THE MUNICIPALITY OF BAYHAM
DESCRIBED AS ALLEY BETWEEN UNION STREET AND PINE
STREET,REGISTERED PLAN 54,DESIGNATED AS PART 4,
REGISTERED PLAN 11R-5413,FORMER VILLAGE OF VIENNA,
MUNICIPALITY OF BAYHAM, COUNTY OF ELGIN
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a
municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of
exercising its authority under this or any other Act.
AND WHEREAS Section 268(1) of the said Municipal Act provides in part that every
municipality with authority to sell land shall pass a by-law establishing procedures governing the
sale of land.
AND WHEREAS the Municipality of Bayham passed By-law No. 2002-059 to establish a
procedure governing the sale of municipal owned land.
AND WHEREAS the Council of the Municipality of Bayham is desirous of selling property
owned by the Municipality to the abutting landowner, and has completed procedures pursuant to
By-law No. 2002-059 for the sale of the subject lands.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY 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 sale of real property
described as Alley between Union Street and Pine Street, registered Plan 54, designated as
Part 4 Registered Plan 11R-5413, of the former Village of Vienna, now Municipality of
Bayham,to the Estate of Madelyn Beatrice Louise Soper.
2. AND THAT the sale price be two dollars ($2.00), payable to the Municipality upon
closing,
3. AND THAT legal fees and all other fees incurred to complete the transaction be paid by the
Estate of Madelyn Beatrice Louise Soper.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15TH DAY
OF SEPTEMBER 2005
J . A4i � 1
MA OR v CL RK
DYE&DURHAM CO.INC.—Form No.970
Province Transfer/Deed of Land
OntarioAmended NOV.i992
.t '? ofA
Form 1 —Land Registration Reform Act
(1) Registry E Land Titles ❑ (2) Page 1 of 2 pages
(3) r Nit(s) Block Property Additional:
See ❑
Schedule
(4) Consideration
} Nil Dollars$ •
Z
O (5)Description This is a: Property Property
Lu Division ❑ Consolidation 0
The Alley between Union Street and Pine
U Street, Registered Plan 54, Municipality
LL of Bayham, County of Elgin, designated
O New Property Identifiers as PART 4, according to a Plan deposited
o Additional: in the Registry Office for the Registry
Scchhedule ❑ Division of Elgin (11) as Plan 11R-5413.
Executions
Additional: .
See ❑
Schedule
(6) This (a)Redescription i(b) Schedule for: (7) Interest/Estate Transferred
Document New Easement i Additional Fee Simple
Contains Plan/Sketch ❑ l Description ❑ Parties • ElOther❑
(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 .
Date of Signature
Y M D
Name(s) Signature(s) -
. . .TU. .C.QR�QR74TTO.N .0F. PHE .MUh JURZkLI9 (.OF .8 . . . r 2005 '09 i 15
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(9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
i
,
i
I
(10)Transferor(s)Address Box 160, Straffordville, Ontario. NOJ 1Y0,
for Service
(11)Transferee(s) Date of Birth
Y M D
SOPER, ESTATE OF MADELYN BEATRICE LOUISE
i I
. , . . .
(12)Transferee(s)Address c/o Groom and Szorenyi, 25 Harvey Street, Tillsonburg,
for Service Ontario. N4G 3J7.
(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 1� •
I Y M i D
Signature I j , Signature I I ,
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
a 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
zbelief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and i Y , M i D
E Address of .
�. . .
0 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
m2,st 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
S does not 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.
•
c EE
a `tl o Name and Date of Signature
X o e Address of Y M D
a_=c Solicitor 1
Signature. . . . I
(15) Assessment Roll Number i Cty. :Mun. Map ' Sub. Par. - rn+ Fees and Tax
of Properly i , f NOT ASSIGNED li
5(16)Municipal Address of Property (17)Document Prepared by: p RRegistration Fee
Vienna, Michael G. Szorenyi, La
Land Transfer Tax
Ontario. Groom and Szorenyi, wit L
NOJ 1ZO. 25 Harvey Street, o
Tillsonburg, Ontario. i .
N4G 3J7. 2 Total
h,E A C iHA'4 CO ua^,..Farm No.
Amended NOV. 1992
int Province
•".j ontario Document General
Form 4 — Land Registration Reform Act
(1) Registry® Land Titles (2) Page 1 of 3 pages
(3)Property Block Property
Identifier(s) Additional:
See
Schedule
(4) Nature of Document
By-Law Number of the Corporation of the
Municipality of Bayham.
(5)Consideration
0 Dollars$
w
(6)Description
The Alley between Union Street and Pine
Street, Registered Plan 54, Municipality
0 of Bayham, County of Elgin, designated
as PART 4, according to a Plan deposited
in the Registry Office for the Registry
Division of Elgin (11) as Plan I1R-5413.
New Property Identifiers
Additional:
See
Schedule
Executions
(7)This (a) Redescription (b)Schedule for:
Additional: Document New Easement
See Contains: Plan/Sketch Additional
Schedule ❑ Description® Parties ❑ Other x]
(8) This Document provides as follows:
Original By-Law Number a4)0 -eiff-of the Corporation of the Municipality
of Bayham attached.
Continued on Schedule U
(9) This Document relates to instrument number(s)
(10) Party(les) (Set out Status or Interest)
Narne(s) Signature(s) Date of Signature
M D
THE..CO.RPORATICH.OF.._THE,..MUNICIPAL ITY..OF,.BAYHAM by •
its Solicitor,
SZORENYI.,...Michael...George 2005. 091 09
i � [
(11)Address Box 160, Straffordville, Ontario. NOJ IYO.
for Service
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
I f
j €
(13) Address
for Service
(14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax
Vienna, Michael G. Szorenyi, O Registration Fee
Ontario. Groom and Szorenyi, w
NOJ IZO. 25 Harvey Street,
Tillsonburg, Ontario.
N4G 3J7.
0
0
J�I Total
DYE&DURHAM CO.INC.—Form No.990
Province Amended NOV.1992
-„I
ontana Schedule s
Form 5 — Land Registration Reform Act
Page 3
Additional Property Identlfler(s)and/or Other Information
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Schedule "A" to a By-Law Number 41 0 0 5- 8 a
DESCRIPTION OF LAND:
The Alley between Union Street and Pine Street, Registered Plan
54, Muncipality of Bayham, County of Elgin, designated as PART
4, according to a Plan deposited in the Registry Office for
the Registry Division of Elgin (11) as Plan 11R-5413.
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LL Z
LL O
O
a'o
DYE 6 DURHAM CO.INC.Form No.500 Printed July 3004
maw)or Flna��s Property Identifiers)No.
Ontario Motor Fuels and Tobacco Tax&anch Land Transfer Tax Affidavit
PO Box 625
33 King St West Land Transfer Tax Act
Oshawa ON L1 H 15H9
Refer toall instructions onreverse side. The Alleybetween Union Street and Pine Street
In the matter of the Conveyance of(insert def description pf fend) y g designated 4 , uriici i o Ba am, Count of ETTin, desi nated as PART 4
according to a Plan deposited in the Registry Utfice tor the Registry
BY (print names of all transferors in NI) ThP Corporation of the Municipality of Bayham
TO(print names ofalltransferees infull) The Estate of Madelyn Beatrice Louise Soper
Michael George Szorenyi,
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;
• (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 or an officer authorized to act on behalf of the transferor company and ❑ I am tendering this document for registration and
0 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 $ Nil .
(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 . ln.insert lilt
(d)Other consideration subject to tax(detail below) $ 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)) $ Nil. $ Ni 1
(g)Value of all chattels-items of tangible personal property
which are taxable under the provisions of the
Retail Sales Tax Act $ Nr 1
(h)Other consideration for transaction not included in(i) or(g)above $ Nil .
(i)Total Consideration $ Ni-1 .
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 percent upon the value of 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? 0 Yes El No
5.Other remarks and explanations,if necessary. None.
Sworn7aiXdtttfdbeforemeinthe Town of Ti11sonburg,
in the County of Oxford,
this day of September 2005.,
(year)
A Commissioner for taking Affidavits,etc. slynature(a)
Property Information Record
A. Describe nature of instrument: Conveyance
B. (i)Address of property being conveyed(if available) Vienna, Ontario. NOJ 1ZO. Fer Lund Flegirtryy tulles Use Orly
471141417 ,4. - -. .. •s
(ii)Assessment Roll No.(it available) Not Assigned
C.Mailing address(es)for future Notices of Assessment under the Assessment Act for property being
conveyed
1 Pine Street, Vienna, Ontario. NOJ 1ZO. ; , I I��
slat PaNtst•f Lorc,.Ii.i
D.(i)Registration number for last conveyance of property being conveyed(if available) Not known
(ii)Legal description of property conveyed:Same as in D(i)above. ❑Yes El No ® Not known
E.Name(s) and address(es)of each transferee's solicitor
Michael G. Szorenyi , Groom and Szorenyi,
25 Harvey Street, Tillsonburq, Ontario. N4G 3J7 .
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? 0 0
(d) II Yes,do all individual transferees wish to support the French Language School Board(where established)? ❑ lJ
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)