HomeMy WebLinkAboutBy-law No. 2006-071 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2006-071
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN THE
MUNICIPALITY AND ROBERT GRIESBACH AND
CHRISTINA ANTON-GRIESBACH
WHEREAS Section 11 of the Municipal Act, 2001,R.S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-laws respecting public utilities, including sanitary sewage
collection.
AND WHEREAS Robert Griesbach and Christina Anton-Griesbach are the owners of lands in
Part Lots 6 &7, of Registered Plan No. 12,Village of Port Burwell in the Municipality of Bayham.
AND WHEREAS the said owner has made an application for consent to create one village
residential building lot(County of Elgin Land Division Committee Application E54/05).
AND WHEREAS the County of Elgin Land Division Committee has granted the subject
application, subject to conditions including the condition that the owner execute a development
agreement for the lot.
AND WHEREAS prior to development occurring on the subject lands, certain services, namely
installation of sanitary sewers and roads and the completion of satisfactory plans, are required.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Agreement with Robert Griesbach and Christina Anton-Griesbach affixed hereto and
forming part of this By-law and marked as Schedule"A".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY
OF SEPTEMBER 2006.
WirMAYOR CL RK
THIS AGREEMENT made in triplicate this day of 2006.
BETWEEN :
CHRISTINA ANTON-GRIESBACH and
ROBERT GRIESBACH, of the Municipality of Bayham,
in the County of Elgin,
Hereinafter called the"Owners"
OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Hereinafter called the"Municipality"
OF THE SECOND PART
WHEREAS the Owners represent that they are the registered owners of the lands and premises in Lots
6 and 7, Plan 12, former Village of Port Burwell, in the Municipality of Bayham, in the County of
Elgin, being more particularly described in Schedule "A" attached hereto (hereinafter called the "said
Lands");
AND WHEREAS the Owners are desirous of subdividing a portion of the said Lands as more
particularly set out on a plot plan marked as Schedule"B"attached hereto showing the lot to be created;
AND WHEREAS a Consent to Sever was granted by the County of Elgin Land Division Committee on
June 28, 2006 conditional upon (inter alia) the entering into of an agreement dealing with services for
the lot to be created;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO
DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owners,the receipt
and sufficiency whereof is hereby acknowledged, the Owners covenant and agree with the Municipality
to do and perform at their own expense the following matters and things:
Municipal Engineer
1. Wherever the phrase"Municipal Engineer"is used throughout this Agreement, it shall mean the
Municipality's Chief Building Official, the Municipality's Water/Wastewater Superintendent,
or the Municipality's Road Superintendent or such other person as the Council of the
Municipality may from time to time appoint to deal with the administration of this Agreement.
List of Schedules
2. The following Schedules are hereby declared to form part of the Agreement between the parties:
Schedules Description
"A" Legal description of the said Lands.
"B" Drawing showing the proposed lotting pattern.
"Cl &C2" Plans showing the facilities,works, services and street reconstruction to be
provided on and abutting the said Lands.
Zoning
3. The Owners' shall immediately apply for a Zoning By-law amendment(removal of holding
symbol) as required by the Consent to Sever decision. The arrangements contemplated in this
Agreement are conditional upon removal of the holding provision. The Municipality agrees to
consider the proposed application in the context of these arrangements.
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Access
4. Access to the lot to be created shall be at the location approved by the Municipal Engineer. The
maximum driveway width for any property shall be 20 feet.
As-Constructed Drawings
5. The Owners shall provide for the Municipality records"as-constructed" drawings to the
satisfaction of the Municipality for municipal services installed by the Owners. These drawings
shall be submitted in a satisfactory form prior to the release of any performance bond or security
required by this Agreement.
Plans and Specifications
6. Plans and specifications for all works and services herein required to be done by the Owners
shall be first submitted to the Municipal Engineer in a form satisfactory to him and such work
shall not be commenced until the Municipal Engineer has received such plans and specifications
and has expressly authorized,in writing, such work to commence. All works and services shall
be constructed and installed strictly in accordance with the said plans and specifications, all to
the satisfaction of the Municipal Engineer. The Owners agree to construct all services and
provide other requirements which will be known only after the details of the engineering design
are submitted to the Municipality. The Municipal Engineer may require, in writing, such
variance from such plans and specifications as may be required by conditions which may be
disclosed as the work progresses, and by sound engineering practice. The works and services
required to be done by the Owners, including but not limited to engineering and restoration
works,shall be wholly at the expense of the Owners except as may be otherwise herein
expressly provided.
Water Supply and Sewers
7.
a. Sanitary sewers shall be constructed of such size,type,position and extent as are shown on
the plans and specifications provided in Schedule C which have been approved by the
Municipal Engineer. Any material changes to be made to these plans and specifications shall
require approval by the Municipal Engineer in writing, such approval not to be unreasonably
withheld. Storm sewers, if required by the Municipality shall be constructed of such size,
type, position and extent as are shown on the plans and specifications approved by the
Municipal Engineer or otherwise required by him in writing. The Municipal Engineer may
require this work to be done by a contractor whose competence is approved jointly by the
Municipal Engineer and the Owners, at the expense of the Owners. It shall be the
responsibility of the Owners to provide a satisfactory outlet for said storm sewers, if required,
and sanitary sewers (which for the purpose of this Agreement, shall mean the nearest
approved Municipal sewer outlet).
b. Sanitary sewers,with sanitary private drain connections shall be constructed to the lot line of
the subject lands.
c. Storm sewers including catch basins and connections, if required by the Municipality, shall
be provided and connected as shown on the approved plans and specifications.
d. If the works lead to the installation of storm or sanitary sewers, to be assumed by the
Municipality, located on easements over private property(including land owned by the
Municipality that is not a road allowance), all sanitary sewer manholes shall be located in a
location acceptable to the Municipal Engineer in order to facilitate maintenance of the
sanitary sewer system by the owners, and all storm sewer manholes shall be placed in easily
accessible areas if not placed in paved parking lots or driveways.
e. The Owners agree to notify their consulting engineer in the event that any existing sewer or
drain is encountered during the progress of construction. The Owners further agree to have
its consulting engineer investigate the matter and comply with the recommendations of its
consulting engineer as approved by the Municipal Engineer's Department with respect to the
sewer or drain encountered, such as connecting the existing sewer to a new sewer being
constructed or into another existing sewer, at no cost to the Municipality. Adequate sewer
easements are to be provided to the Municipality if necessary. The Owners shall also ensure
that there is no interruption to any subsurface drainage flow because of construction on the
site which would have an adverse affect on neighbouring properties. Should such an
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interruption occur,the Owners shall carry out any necessary remedial work to correct the
problem as recommended by its consulting engineer and to the satisfaction of the Municipal
Engineer, at no cost to the Municipality.
f. Connection charges are payable before any dwelling unit is connected to the public (sanitary)
sewer system and to the public water system. Such charges are payable prior to issuance of a
building permit, in accordance with the fees and charges in force and effect at the time of
application for such building permit.
Sewer Maintenance
8. All sanitary and storm sewer maintenance required to sewers located between the Lands and the
discharge point shall be done by the Owners or by the Municipality at the Owners' expense.
Grading and Drainage Plans
9. The Owners shall prepare and deposit with the Municipality a grading and drainage plan
approved by the Municipal Engineer showing the final grades of all roadways. Any lands
designated for drainage works and all drainage facilities shall be indicated on such plan to the
satisfaction of the Municipal Engineer. The Owners shall agree to carry out or cause to be
carried out the recommendations of the grading and drainage plans which shall form part of this
Agreement as Schedule"C".
Roads
10.
a. The Owners shall reconstruct part of the road known as Hagerman Street to provide an open
and improved public road. The road shall be constructed as shown on the plans and
specifications approved by the Municipal Engineer or otherwise required by him in writing.
The Municipal Engineer may require this work to be done by a contractor whose competence
is approved jointly by the Municipal Engineer and the Owners, at the expense of the Owners.
b. The Owners, or their consulting engineer, shall ensure that any proposed excavation,
construction, entrance or exit installation, demolition, etc. will not interfere with or be in
conflict with location and/or depth of any existing underground facilities, including sewers,
pipelines,mains on street allowances or private rights-of-way, services,meter and regulator
installations,valve boxes, cathodic protection test points, etc. In instances of apparent
conflict,the Owners, or their consultant, shall obtain field locates from the appropriate
commission,utility or agency.
c. All streets and walkways, if any, shall be graded, including fill or excavation as required by
the Municipal Engineer to their full width of the allowance before any building permit will
be issued and the approved road allowance grades from street line to street line shall be
maintained at all times to the grades and levels and to the specifications and requirements
and to the satisfaction of the Municipal Engineer until the date of passing of the by-law
assuming the said streets and walkways.
Conveyance of Easement for Municipal Purposes
11. The Owners shall deliver to the Municipality a fully registrable Grant of Easement or Transfer
in a form satisfactory to the Municipality which provides an easement to the Owners for the
construction and maintenance of private services which are to be constructed on any public
lands which are not a public street. The easement shall be delivered and approved before any
construction of such private services and before any building permit for construction on the
subject lands is issued.
Inspection and Completion of Works
12. Upon the completion of required off-site works, the Owners shall cause a Certificate of
Completion to be delivered to the Municipality in the following form:
Certificate of Completion of Works
To: The Corporation of the Municipality of Bayham
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For good and valuable consideration now paid by the Corporation of the Municipality of
Bayham (hereinafter called the "Municipality'), the receipt and sufficiency of which I/we
hereby acknowledge, I/we hereby certify that the municipal services constructed pursuant to the
Agreement between the Municipality and Christina Anton-Griesbach and Robert Griesbach,
Registered as instrument No. and pertaining to the property known municipally as
have been:
inspected during construction in accordance with standard engineering practice;
and
constructed in accordance with plans and specifications approved by the
Municipal Engineer.
Dated and sealed at , Ontario, this day of , 200
Registered Professional Engineer(Ontario)
Building Permits
13. No applications shall be made for building permits and no building permit will be issued until the
following materials have been received by the Municipality's Engineer:
a. A survey prepared by a qualified Ontario Land Surveyor showing all necessary setbacks in
compliance with Zoning By-laws;
b. a grading and drainage plan approved by the Municipal Engineer showing the final grades of
all lands and roadways.
c. all permits and authorizations have been obtained by the Owner at its expense;
d. the Security has been lodged with the Municipality;
e. other conditions to be considered by the Council and listed here.
Security
14. Before applying for any building permit, or commencing any works on Municipal lands including
road allowances,the Owners shall provide the Municipality with performance security as
follows to be held by the Municipality until all of the obligations of the Owners have been
discharged:
a) In relation to road reconstruction, in the amount of Four Thousand Five Hundred Dollars
($4,500)
b) In relation to sanitary sewer services, in the amount of One Thousand Five Hundred Dollars
($1,500)
The security may be in the form of cash or an irrevocable letter of credit from a chartered bank.
In the case of cash,the Municipality shall hold funds in an interest bearing account, with interest
accruing to the Owners. In the case of a letter of credit,the form and content of same shall be
satisfactory to the Municipality.
Default
15. • In the event of Owners' default(as determined by the Municipal Engineer), it is specifically
anticipated by the parties that the Municipality will, at its sole discretion, contract for completion
of all required works, services and other obligations, such that all expenses including
administration shall be conducted without cost to the Municipality. In the event that the funds
available by means of the security are insufficient to permit the completion of all remaining
works and services,these shall be completed according to priorities identified by the
Municipality. In the event that the Municipality determines that all works and services cannot be
completed with available funds,the Municipality may,in the alternative, defer completion at its
discretion,pending more favourable proposals,tenders or completion arrangements. The
Municipality has no obligation to complete works for which funds are not available and the
Owners on their behalf and on behalf of their heirs, successors and assigns,releases the
Municipality from any liability in connection with arrangements for completion.
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Workplace Safety and Insurance Board Coverage
16. The Owners agree that they shall at their own expense procure and carry or cause to be procured
and carried and paid for, full Workplace Safety and Insurance Board coverage for all workers,
employees, servants and others engaged in or upon any work undertaken pursuant to this
Agreement for which such coverage is required by law.
Insurance
17.
(a) The Owners agree to maintain insurance or require their contractors to maintain insurance in
sufficient amount and description as will protect the Owners and the Municipality from
claims for damages, personal injury including death, and for claims from property damage
which may arise from the Owners' operations pursuant to this Agreement, including any act
or omission of the Owners' agents or employees while engaged in any activity pursuant to
this Agreement and such coverage shall include all costs, charges and expenses reasonably
incurred for any injury or damage.
(b) In addition to the foregoing,the Owners covenant and agree that:
(i) The limits of liability for Personal Injury, Bodily Injury and Property Damage
combined shall be for not less than Two Million ($2,000,000.00) Dollars for each
occurrence.
(ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be
materially changed (to the detriment of the Municipality) without at least thirty (30)
day's notice to the Municipality by registered mail.
(iii) The Municipality shall be named as an added insured and the policy shall include a
provision for cross liability.
Construction Liens
18.
(a) The Owners shall comply with all of the provisions of the Construction Lien Act,,
R.S.O. 1990, c. C.30, as amended from time to time and without limiting the generality
of the foregoing, shall hold in its possession all the statutory holdbacks and any
additional funds required to be held by the said Act. These holdbacks and funds shall
not be disbursed except in accordance with the Act.
(b) The Owners shall, at their own expense, within ten (10) days of receiving written notice
from the Municipality to do so, pay, discharge, vacate, and obtain and register a release
of all charges, claims, liens and all preserved or perfected liens, made, brought or
registered pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any
lands of the Municipality, including public highways and road allowances, and which
arise out of the performance of this Agreement by the Owners and their servants,
employees, agents, contractors and subcontractors.
(c) The Owners shall indemnify and hold harmless the Municipality from all losses,
damages, expenses, actions, causes of actions, suits, claims, demands and costs
whatsoever which may arise either directly or indirectly by reason of any failure, neglect
or refusal by the Owners to comply with the Construction Lien Act, R.S.O. 1990, c.
C.30, and arising out of the performance of this Agreement by the Owners and their
servants, employees, agents, contractors and subcontractors.
(d) The Public Works Superintendent for the Municipality may at any time, authorize the
use of all or part of the securities required pursuant to this Agreement, including cash
deposit or letters of credit:
(i) to pay, discharge, vacate, and obtain and register a release of all charges, claims,
liens, and all preserved or perfected liens, made, brought or registered pursuant to
the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any lands, including
public highways and road allowances of the Municipality in the event the Owners
default on the performance of this section; and
(ii) to pay to the Municipality any amounts owing to it pursuant to this section.
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Indemnification
19. The Owners shall indemnify and save harmless the Municipality against all losses, damages,
claims, actions, demands, suits, costs and interest incurred which arise directly or indirectly
from anything done in connection with this Agreement,whether in performance of, outside of or
contrary to this Agreement.
Other
20. Entry into this Agreement with the Owner shall in no way fetter legislative or administrative
discretion of the Municipality or of any of its officers or staff with regard to the approval or
administration of any matters in connection with any development on the said Lands.
21. The Owner understands and agrees that there shall be no work performed except in conformity
with all applicable by-laws and Provincial and Federal legislation and regulations, and this
Agreement does not exempt the Owner from any applicable statute, regulation, or code of any
legislative, administrative, or governmental authority, and the owner shall obtain and pay for all
permits.
Notice to Subsequent Owners
22. The Owners shall notify every party to an agreement of purchase and sale concerning the Lands,
in that agreement of purchase and sale,that the Owners and their successors in title are
responsible to maintain all sewer services and works pertaining to the Lands,to the discharge
point.
Registration
23. This Agreement shall be registered on title to the Lands, by the Owners, at their expense. The
Owners shall cause a duplicate registered copy and a Solicitor's Certificate to be delivered to
the Municipality in the following form:
Certificate of Solicitor
TO: The Corporation of the Municipality
FROM: "Company Name"
RE: street address
type of agreement (site plan, condominium, subdivision)Agreement between
company name and The Corporation of the Municipality
For the sum of TWO DOLLARS($2.00) and other good and valuable consideration, I
hereby certify that "company" is the registered owner of the lands described in the type
of agreement between company and The Corporation of the Municipality which was
registered on date as Instrument Number at the Land
Registry/Land Titles Office Number at
I further certify that the lands described in the said agreement are the lands intended to
be subject to the agreement and that the agreement binds the owner and its successors
in title.
I further certify that at the time of registration, the owner's title was subject to a
mortgage in favour of(list any mortgages, liens and assignments- if none, leave
paragraph out).
Dated in the City of , County of this day of
200_.
"Company"
By its solicitor
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Name:
Firm:
Binding
24. The covenants, agreements, conditions and undertakings herein contained on the part of the
Owners shall run with the Land and shall be binding upon the Owners and upon the Owners'
heirs, executors, administrators, successors and assigns, as owners and occupiers of the Land
from time to time and shall be appurtenant to the adjoining highways in the ownership of the
Municipality and this Agreement shall enure to the benefit of and be binding upon the
appropriate authority and its successors and assigns.
Assignment
25. Neither party is permitted to assign rights and obligations under the Agreement without the
permission from the other which shall not be unreasonably withheld.
Expiry
26. In the event that no reconstruction of Hagerman Street has commenced within one (1)year from
the date of registration of this Agreement the Municipality may, at its option, on one month's
notice to the owner, declare this Agreement to be subject to re-negotiation,whereupon the
Owner agrees that it will not undertake any construction on the said lands until this Agreement
has been re-negotiated.
In the event that no construction of the sanitary sewer connection has commenced within five
(5)years from the date of registration of this Agreement the Municipality may, at its option, on
one month's notice to the owner, declare this Agreement to be subject to re-negotiation,
whereupon the Owner agrees that it will not undertake any construction on the said lands until
this Agreement has been re-negotiated.
Separate Covenants
27. All of the provisions of this Agreement are intended to be construed as covenants and
agreements as though the words importing such covenants and agreements were used in each
separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not
enforceable, it shall be considered separate and severable from the Agreement and its remaining
provisions as though the unlawful or unenforceable provision had not been included.
Municipality's Expense
28. The Owners shall reimburse the Municipality for expenses incurred in the preparation of the
Easment Agreement, on or before September 21, 2006.
IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal
attested to by the hands of their proper officers, duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
in the presence of )
) CHRISTINA ANTON-GRIESBACH
) ROBERT GRIESBACH
)
)
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
)
) Per: ( �/ &jU ( LAo
) Mayor 6
) Per: Ir
) Clerk
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Schedule"A"
DESCRIPTION OF LANDS
Lands in the former Village of Port Burwell, Municipality of Bayham, County of Elgin more particularly
described as:
Part of Lots 6 & 7 of Registered Plan 12, east of Robinson Street, being Parts 2 and 3 of
Registered Plan 11R-8622, former Village of Port Burwell, Municipality of Bayham,
County of Elgin
S,,4de/eBA
Are 9
LEGEND I REQUIRE THIS PLAN TO PLAN 11R—¶ ,r,a
-- r - DENOTES SURVEY MONUMENT FOUND BE DEPOSITED UNDER RECEIVED AND DEPOSITED
❑ - N SURVEY MONUMENT PLANTED THE REC/STRY ACT DATE: SEP 0 8 ME
SIB - "' STANDARD IRON BAR DATE: AUGUST 31, 2006
$518 - ' SHORT STANDARD IRON BAR
IS - x SQUARE IRON BAR B.PIGGOTT
N 30 - l ROUND IRON BAR ,(
CC - r CUT CROSS !� _
INST - H INSTRUMENT La LAND REGISTRAR
WIT - N WITNESS DUNAL4I. HOUGiiTON
SU - " SOURCE UNKNOWN ONTARIO LAND SURVEYOR FOR THE REGISTRY.DIVISION OF
W. E R, P, - W REGISTERED PLAN ELGIN, No.11
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COTTAGE I
7
SCHEDULE
PART LOT REGISTERED PLAN INST. No. AREA
(ACRES)
81.27 N 89' 18' 55" W 7A1 1 PART OF LOTS 6 de 7 12 PART OF
31.71' AD 439659 0.306
S 24.61' k CK y 2 PART OF LOTS 6 do 7 12 PART OF
&n ° 439659 0,196
= PART 3 3 PART OF LOT 7 12 PART OF
a° LOT
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r .. 439859 _0.002
9 l✓�l �7 z 12 N B6' 21 20 w INis x 4 ' PART OF LOT 8 12 PART OF
1oe PART 2 406790 0.028
®_ LOT o MUNICIPALITY OF BAYHAM
A A LOT a PART 4 IS SUBJECT TO RIGHT OF WAY AS IN INST'S 292200, 394472,
1 p 11 406790 & 439659
�i PLAN OF SURVEY
OF ALL OF
b LOTS 6 AND 7
3.b Z0.77 8 EAST OF ROBINSON STREET
AND PART OF
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BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERLY LIMIT
;, OF ROBINSON STREET. AS SHOWN ON A PLAN OF SURVEY BY
LOT 7 10 DONALD I. HOUGHTON, OLS DATED OCTOBER 18, 1969 AS HAVING A
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8 153�+ SURVEYOR'S CERTIFICATE
CV LOT U I CERTIFY THAT:
1, THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH
1O i0 (O THE SURVEYS ACT, THE SURVEYORS ACT AND THE REC/STRY ACT
5 = AND THE REGULATIONS MADE UNDER THEM.
2. THE SURVEY WAS COMPLETED ON AUGUST 28, 006
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JUN-01-2007 15:03 MANDRYK, STEWART & MORGAN 519 842 7659 P.002
/SyZ 4zAi , ora -07/
LRO# 11 Notice Of Subdivision Agreement Receipted as CT12950 on 2007 05 30 at 12:09
The applicants)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1
Properties
,
PIN 35324. 0137 LT
Description LT 6 E/S ROBINSON ST,7 EIS ROBINSON ST PL 12 BAYHAM T/W E204755;BAYHAM
Address 00002 ROBINSON
BAYHAM
Applicant(s)
The notice is based on or affects a valid and existing estate,right,interest or equity in land.
Name GRIESBACH.ROBERT
Address for Service 2 Robinson Street
Port Burwell,Ontario
NOJ ITO
This document is not authorized under Power of Attorney by this party.
Name ANTON-GRIESBACH,CHRISTINA
Address for Service 2 Robinson Street
Port Burwell,Ontario
NOJ ITO
This document is not authorized under Power of Attorney by this party-
Party To(s) Capacity Share
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Registered Owner
Address for Service P.O. Box 160
9344 Plank Road
Straffordvllle,Ontario
NOJ 1Y0
Statements
This notice is for an indeterminate period
Schedule: Set,Schedules
Signed By
James Raymond Morgan 85 Bidwell St. acting for Signed 2007 05 30
Tillsonburg Applicant(s)
N4G 3T8
Tel 5198424228
Fax 5198427659
James Raymond Morgan 65 Bidwell St. acting for Party Signed 2007 05 30
Tillsonburg To(s)
N4G 3T8
Tel 5198424228
Fax 5198427659
ISubmitted By
Mandryk,Stewart&Morgan 65 Bidwell St. 2007 06 01
Tillsonburg
N4G 3T8
Tel 5198424228
Fax 5198427659
Fees/Taxes/Payment
Statutory Registration Fee $80.00
Total Paid $60.00