Loading...
HomeMy WebLinkAboutBy-law No. 2008-108 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2008-108 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN SORENY FARMS LIMITED AND THE MUNICIPALITY OF BAYHAM AND WHEREAS Section 11 of the Municipal Act, 2001, 5.0. 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 Section 8 of the Municipal Act,2001,5.0.2001,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 the Council of the Corporation of the Municipality of Bayhanz deems it necessary and expedient to execute an easement agreement with Soreny Farms Limited to permit the operation and maintenance of an irrigation and drainage system. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY 01?BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Easement Agreement with Soreny Farms Limited affixed hereto and forming part of this By-law as Schedule"A". 2. THAT the executed agreement shall be registered in the Land Registry Office for the Registry Division of Elgin(No. 11). 3. 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 20th DAY OF NOVEMBER,2008. / f 0 MAY► -- Lynn Acre C;]L `, Lynda Millard •R THIS AGREEMENT made the DU day of September, 2008. BETWEEN: 'The Corporation of the Municipality of Bayham P.O.Bax 160,Straffordville,Ontario NO3 1Y0 (hereinafter called the"Owner") OF THE FIRST PART _and_ Soreny Farms Limited 14 Tillson Avenue,Tillsonburg,Ontario N4G 2Z6 (hereinafter called the"Company") OF THE SECOND PART WHEREAS the Owner isthe owner in fee simple of the property of the property described in Schedule"A"hereto (the`Property"); AND WHEREAS the Company is the former owner of the Property and requires an Easement over the Property for the purposes ofirrigation and drainage,including the construction and maintenance of underground pipelines and installation and maintenance of pumper or pumps for irrigation purposes and for access to its adjacent lands; AND WHEREAS the Owner has agreed to grant to the Grantee an Easement in perpetuity to enter upon the Property for the said purpose on the terms hereafter set forth; NOW THEREFORE THIS AGRE. o NT WITNES SETH that in consideration of the payment by the Company to the Owner in the amount of Two Dollars($2.00)and consideration of the due and valid transfer of the property from the Company to the Owner, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. The Company shall have a free, uninterrupted, and unobstructed right of easement in perpetuity. to enter upon the Property for the purpose of using, repairing, inspecting, replacing,removing,altering,operating and Maintaining an irrigation and drainage system and all associated works (including irrigation'pumps) (hereinafter called the "Associated Works"),which the Company may deem necessary or convenient thereto for the purposes of running an irrigation system on any lands owned by the Companywhich lie adjacent to the Property and for the purpose of accessing its adjacent lands. The Owner shall provide access of adequate width and strength for fully loaded farm equipment to each field owned by the Company.The Company shall exercise these rights subject to the provisions of this Agreement. 2. The Company may not use the Easement for any purpose other than the purpose set out in paragraph 1 above. 3. The Company will,at its own expense,as soon as reasonably possible after any work on the Property by the Company or at its direction,remove all surplus soil, fill in all excavations and restore all fences and other structures and obstructions and restore the land surface and improvements thereon to the same condition as prior to the commencement of any such work or any subsequent workthereto and,without limiting the generality of the foregoing,shall from time to time do whatever grading,leveling,paving,landscaping of the Property as may be required as a result of the exercise by the Company of its rights in relation to.the said easement. 4. The Company agrees to give seventy-two(72)hours written notice to the Owner before the commencement of any work which may affect the Property and before entering in, on or upon the Property for the purposes of exercising its rights under this Agreement. • Page 2 of 3 5. The Company covenants and agrees that it shall indemnify and save harmless the Owner for all manner of actions,causes of action,claims,demands,actions,suits,proceedings,losses, costs,including reasonable legal costs,damages and any other liability of any kind the Owner may incur in connection with any actions by the Company, its servants, agents,workers or employees under this Agreement. 6. The Company covenants and agrees that it shall fully indemnify and save harmless the Owner from all manner of actions, causes of action, claims, demands, actions, suits, proceedings,losses,costs,including reasonable legal costs,damages and any other liability of any kind arising in any fashion whatsoever from the existence of or presence of the irrigation equipment used in the Associated Works. 7- The Owner covenants and agrees with the Company that should the Owner require the Company to relocate the irrigation equipment used in the Associated Works,.or any part thereof,the Owner so requiring such relocation shall give the Company reasonable notice in writing thereof and the Company shall relocate all the irrigation equipment used in the Associated Works as long as a location satisfactory to the Grantee is available and the Owner shall bear the reasonable costs of such relocation. 8. The.Company shall not assign, transfer, sell or otherwise dispose of its rights tinder this Easement in whole or in part withoutthe prior written consent of the Owner,which consent shall not be unreasonably withheld. 9. This Agreement shall extendto and be binding upon and enure to the benefit of the Owner and the Company and their respective successors and assigns. 10. This Agreement shall be read with all changes in gender and in number as circumstances require. IN WITNESS WHEREOF the parties hereto have executed this Agreement. SIGNED,SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) MUNICIPALITY OF BAYHAM ) per: Name: y crG ) Title: c Dr - -� ) Name: /1717 ) �da , . ) Title: e/ - ) We have authority to bind the corporation. SORE.. • ) per —00/11111/Ms-- ) lit Name. AI 4.4. / Tomit rt Title: l ) I have authority to bind the corporation. SCHEDULE"A" Part-of Lot 124,Concession North of Talbot Road(NTR),in the Mwucipality of Bayham,formerly in the Township of Bayham,in the County of Elgin designated as PARTS 5 and 6 on Reference Plan 11R-5215. LRO# 11 Transfer Easement Receipted as CT38740 on 2008 12 23 at 18:07 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35345- 0103 LT Interest/Estate Easement n Add Easement Description SERVIENT LANDS: PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215; BAYHAM DOMINANT LANDS: LT 1-14 BLK E PL 205 BAYHAM; LT 1-11 BLK F PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON ST, 3 N/S WELLINGTON ST,4 N/S WELLINGTON ST, 5 EIS CHAPLE ST,6 E/S CHAPLE ST,7 W/S DUKE 5, 8 WIS DUKE S BLK 1 PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON 5,3 N/S WELLINGTON S,4 N/S WELLINGTON 5,5 EIS DUKE ST,6 E/S DUKE ST, 7 S/S VICTORIA ST, 8 S/S VICTORIA ST BLK K PL 205 BYHAM; LT 1 N/S VICTORIA ST,2 N/S VICTORIA ST,3 N/S VICTORIA ST,4 N/S VICTORIA ST,2 N/S VICTORIA ST,3 N/S VICTORIA ST,4 N/S VICTORIA ST, 5 E/S CHAPLE ST,6 S/S FIFTH ST BLK M PL 205 BAYHAM; LT 18 S/S FOURTH ST AND W/S WEST ST PL 205 BAYHAM; LOT 19 S/S FOURTH ST, 20 S/S FOURTH ST, PL 205 BAYHAM, LT 18 N/S FOURTH ST AND W/S PLANK RD PL 205 BAYHAM; LT 19 N/S FOURTH ST,20 N/S FOURTH ST,21 N/S FOURTH ST,22 N/S FOURTH ST,23 N/S FOURTH ST,22 S/S FIFTH ST, 23 S/S FIFTH ST,24 S/S FIFT ST,25 S/S FIFTH ST,26 S/S FIFTH ST, 27 S/S FIFTH ST, 14 N/S THIRD ST, 15 N/S THIRD ST, 16 N/S THIRD ST PL 205, BAYHAM; PT LT 1,9-10 BLK H PL 205 BAYHAM, PT LT 1 N/S VICTORIA ST, 7 W/S CHAPLE ST, 8 WIS CHAPLE ST, BLK L PL 205 BAYHAM, PT DUKE ST, FIFTH ST, FOURTH ST,WELLINGTON ST, VICTORIA ST,CHAPLE ST, PL 205 BAYHAM; PT LT 124-125 CON NTR BAYHAM; PT ELGIN ST, PL 205 BAYHAM (FORMERLY WEST ST)AS IN E290125 EXCEPT PT 1 11R5812, E309942;SIT E290125; Sit INTEREST IN MUNICIPALITY; BAYHAM; SAVE AND EXCEPT PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215, BAYHAM Address BAYHAM Consideration Consideration $2.00 Transferor(s) The transferor(s)hereby transfers the easement to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1Y0 I, Lynn Acre, Mayor and Lynda Millard,Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name SORENY FARMS LIMITED Address for Service 14 Tillson Avenue Tillsonburg, Ontario N4G 2Z6 Statements Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2008 12 23 Tillsonburg Transferor(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Michael George Charles Szorenyi 25 Harvey St. acting for Signed 2008 12 23 Tillsonburg Transferee(s) N4G 3J7 Tel 519-842-4205 Fax 5198424261 LRO# 11 Transfer Easement Receipted as CT38740 on 2008 12 23 at 16:07 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Submitted By GIBSON, LINTON,TOTH, CAMPBELL&BENNETT 36 Broadway, Box 5 2009 01 05 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 - Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: C08-366 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35345- 0103 SERVIENT LANDS: PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11 R-5215; BAYHAM DOMINANT LANDS: LT 1-14 BLK E PL 205 BAYHAM; LT 1-11 BLK F PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON ST,3 N/S WELLINGTON ST,4 N/S WELLINGTON ST, 5 E/S CHAPLE ST,6 EIS CHAPLE ST,7 W/S DUKE S,8 W/S DUKE S BLK 1 PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON S, 3 N/S WELLINGTON S,4 N/S WELLINGTON S, 5 E/S DUKE ST,6 EIS DUKE ST, 7 S/S VICTORIA ST,8 S/S VICTORIA ST BLK K PL 205 BYHAM; LT 1 N/S VICTORIA ST,2 N/S VICTORIA ST,3 N/S VICTORIA ST,4 N/S VICTORIA ST,2 N/S VICTORIA ST,3 N/S VICTORIA ST,4 N/S VICTORIA ST,5 EIS CHAPLE ST,6 S/S FIFTH ST BLK M PL 205 BAYHAM; LT 18 S/S FOURTH ST AND W/S WEST ST PL 205 BAYHAM; LOT 19 S/S FOURTH ST,20 S/S FOURTH ST, PL 205 BAYHAM, LT 18 NIS FOURTH ST AND W/S PLANK RD PL 205 BAYHAM; LT 19 N/S FOURTH ST,20 N/S FOURTH ST,21 N/S FOURTH ST,22 N/S FOURTH ST,23 N/S FOURTH ST, 22 S/S FIFTH ST,23 S/S FIFTH ST, 24 S/S FIFT ST,25 S/S FIFTH ST,26 S/S FIFTH ST,27 S/S FIFTH ST, 14 N/S THIRD ST, 15 N/S THIRD ST, 16 N/S THIRD ST PL 205, BAYHAM; PT LT 1, 9-10 BLK H PL 205 BAYHAM, PT LT 1 N/S VICTORIA ST,7 W/S CHAPLE ST,8 W/S CHAPLE ST, BLK L PL 205 BAYHAM, PT DUKE ST, FIFTH ST, FOURTH ST,WELLINGTON ST,VICTORIA.ST, CHAPLE ST, PL 205 BAYHAM; PT LT 124-125 CON NTR BAYHAM; PT ELGIN ST, PL 205 BAYHAM (FORMERLY WEST ST)AS IN E290125 EXCEPT PT 1 1185812, E309942; Sir E290125; S!T INTEREST IN MUNICIPALITY; BAYHAM; SAVE AND EXCEPT PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215, BAYHAM BY: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: SORENY FARMS LIMITED %(all PINs) 1. MICHAEL G.SZORENYI I am C (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; I (b)A trustee named in the above-described conveyance to whom the land is being conveyed; I I (c)A transferee named in the above-described conveyance; ❑ (d)The authorized agent or solicitor acting in this transaction for described in paragraph(s)U above. (e)The President,Vice-President, Manager,Secretary, Director,or Treasurer authorized to act for SORENY FARMS LIMITED described in paragraph(s) (1)above. (f)A transferee described in paragraph ()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. 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 (show principal and interest to be credited against purchase price) 0.00 (ii)Given Back to Vendor 0.00 (c) Property transferred in exchange(detail below) 0.00 (d)Fair market value of the land(s) 0.00 (e)Liens, legacies,annuities and maintenance charges to which transfer is subject 0.00 (f)Other valuable consideration subject to land transfer tax(detail below) 0.00 (g)Value of land, building,fixtures and goodwill subject to land transfer tax(total of(a)to(f)) 2.00 (h)VALUE OF ALL CHATTELS-items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g)or(h)above 0.00 co Total consideration 2.00 4. Explanation for nominal considerations: o)Transfer of easement or right of way for no consideration. 5- The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 11 Registration No. CT38740 Date: 2008/12/23 B. Property(s): PIN 35345-0103 Address Assessment 3401000-00409800 BAYHAM Roll No C.Address for Service: 14 Tillson Avenue Tillsonburg, Ontario N4G 2Z6 D. (i) Last Conveyance(s): PIN 35345 -0103 Registration No. E290125 (ii)Legal Description for Property Conveyed : Same as in last conveyance? Yes❑ No n Not known E.Tax Statements Prepared By: Michael George Charles Szorenyi 25 Harvey St. Tillsonburg N4G 3J7 LRO# 11 Transfer Easement Receipted as CT38740 on 2008 12 23 at 16:07 The applicants)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35345 - 0103 LT Interest/Estate Easement n Add Easement Description SERVIENT LANDS: PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215; BAYHAM DOMINANT LANDS: LT 1-14 BLK E PL 205 BAYHAM; LT 1-11 BLK F PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON ST,3 N/S WELLINGTON ST,4 N/S WELLINGTON ST,5 EIS CHAPLE ST,6 E/S CHAPLE ST,7 W/S DUKE 5,8 W/S DUKE S BLK 1 PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON S, 3 N/S WELLINGTON S,4 N/S WELLINGTON S,5 E/S DUKE ST,6 E/S DUKE ST, 7 S/S VICTORIA ST,8 5/S VICTORIA ST BLK K PL 205 BYHAM; LT 1 N/S VICTORIA ST,2 N/S VICTORIA ST, 3 N/S VICTORIA ST,4 N/S VICTORIA ST,2 N/S VICTORIA ST,3 N/S VICTORIA ST,4 N/S VICTORIA ST, 5 EIS CHAPLE ST,6 S/S FIFTH ST BLK M PL 205 BAYHAM; LT 18 SIS FOURTH ST AND W/S WEST ST PL 205 BAYHAM; LOT 19 S/S FOURTH ST,20 S/S FOURTH ST, PL 205 BAYHAM, LT 18 N/S FOURTH ST AND W/S PLANK RD PL 205 BAYHAM; LT 19 N/S FOURTH ST,20 N/S FOURTH ST,21 N/S FOURTH ST,22 N/S FOURTH ST,23 N/S FOURTH ST,22 S/S FIFTH ST,23 S/S FIFTH ST,24 S/S FIFT ST,25 S/S FIFTH ST,26 S/S FIFTH ST,27 S/S FIFTH ST, 14 N/S THIRD ST, 15 N/S THIRD ST, 16 N/S THIRD ST PL 205, BAYHAM; PT LT 1, 9-10 BLK H PL 205 BAYHAM, PT LT 1 N/S VICTORIA ST, 7 W/S CHAPLE ST,8 W/S CHAPLE ST, BLK L PL 205 BAYHAM, PT DUKE ST, FIFTH ST, FOURTH ST,WELLINGTON ST, VICTORIA ST,CHAPLE ST, PL 205 BAYHAM; PT LT 124-125 CON NTR BAYHAM; PT ELGIN ST, PL 205 BAYHAM (FORMERLY WEST ST)AS IN E290125 EXCEPT PT 1 11R5812, E309942; SIT E290125;SIT INTEREST IN MUNICIPALITY; BAYHAM; SAVE AND EXCEPT PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215, BAYHAM Address BAYHAM Consideration Consideration $2.00 Transferor(s) The transferor(s)hereby transfers the easement to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1Y0 I, Lynn.Acre, Mayor and Lynda Millard, Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name SORENY FARMS LIMITED Address for Service 14 Tillson Avenue Tillsonburg, Ontario N4G 2Z6 Statements Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2008 12 23 Tillsonburg Transferor(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Michael George Charles Szorenyi 25 Harvey St. acting for Signed 2008 12 23 Tillsonburg Transferee(s) N4G 3J7 Tel 519-842-4205 Fax 5198424261 LRO# 11 Transfer Easement Receipted as CT38740 on 2008 12 23 at 16:07 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Submitted y GIBSON, LINTON,TOTH, CAMPBELL&BENNETT 36 Broadway, Box 5 2009 01 05 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: C08-366 LAND TRANSFER TAX STATEMENTS in the matter of the conveyance of: 35345- 0103 SERVIENT LANDS: PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215; BAYHAM - DOMINANT LANDS: LT 1-14 BLK E PL 205 BAYHAM; LT 1-11 BLK F PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON ST, 3 N/S WELLINGTON ST,4 N/S WELLINGTON ST, 5 E/S CHAPLE ST,6 EIS CHAPLE ST,7 W/S DUKE S,8 W/S DUKE S BLK 1 PL 205 BAYHAM; LT 1 N/S WELLINGTON ST,2 N/S WELLINGTON S, 3 N/S WELLINGTON S,4 N/S WELLINGTON S,5 EIS DUKE ST,6 EIS DUKE ST,7 S/S VICTORIA ST,8 S/S VICTORIA ST BLK K PL 205 BYHAM; LT 1 N/S VICTORIA ST, 2 N/S VICTORIA ST, 3 N/S VICTORIA ST,4 N/S VICTORIA ST,2 N/S VICTORIA ST, 3 N/S VICTORIA ST,4 N/S VICTORIA ST, 5 E/S CHAPLE ST,6 S/S FIFTH ST BLK M PL 205 BAYHAM; LT 18 S/S FOURTH ST AND W/S WEST ST PL 205 BAYHAM; LOT 19 S/S FOURTH ST,20 S/S FOURTH ST, PL 205 BAYHAM, LT 18 NIS FOURTH ST AND W/S PLANK RD PL 205 BAYHAM; LT 19 N/S FOURTH ST,20 N/S FOURTH ST,21 N/S FOURTH ST,22 N/S FOURTH ST,23 N/S FOURTH ST, 22 S/S FIFTH ST,23 S/S FIFTH ST, 24 S/S FIFT ST,25 S/S FIFTH ST,26 S/S FIFTH ST,27 S/S FIFTH ST, 14 N/S THIRD ST, 15 N/S THIRD ST, 16 N/S THIRD ST PL 205, BAYHAM; PT LT 1,9-10 BLK H PL 205 BAYHAM, PT LT 1 N/S VICTORIA ST, 7 W/S CHAPLE ST,8 W/S CHAPLE ST, BLK L PL 205 BAYHAM, PT DUKE ST, FIFTH ST, FOURTH ST, WELLINGTON ST,VICTORIA ST, CHAPLE ST, PL 205 BAYHAM; PT LT 124-125 CON NTR BAYHAM; PT ELGIN ST, PL 205 BAYHAM (FORMERLY WEST ST)AS IN E290125 EXCEPT PT 1 11 R5812, E309942; SIT E290125; SIT INTEREST IN MUNICIPALITY; BAYHAM; SAVE AND EXCEPT PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215, BAYHAM BY: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: SORENY FARMS LIMITED %(all PINS) 1. MICHAEL G.SZORENYI lam L; (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b)A trustee named in the above-described conveyance to whom the land is being conveyed; n (c)A transferee named in the above-described conveyance; • (d)The authorized agent or solicitor acting in this transaction for described in paragraph(s)U above. • (e)The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for SORENY FARMS LIMITED described in paragraph(s) (1)above. L1 (f)A transferee described in paragraph()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to, 3. 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 (show principal and interest to be credited against purchase price) 0.00 (ii)Given Back to Vendor 0.00 (c) Property transferred in exchange(detail below) 0.00 (d)Fair market value of the land(s) 0.00 (e)Liens,legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g)Value of land, building,fixtures and goodwill subject to land transfer tax (total of(a)to (f)) 2.00 (h)VALUE OF ALL CHATTELS-items of tangible personal property 0.00 (i)Other considerations for transaction not included in(g)or(h)above 0.00 (j)Total consideration 2.00 4. Explanation for nominal considerations: o)Transfer of easement or right of way for no consideration. 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 11 Registration No. CT38740 Date: 2008/12/23 B. Property(s): PIN 35345 -0103 Address Assessment 3401000-00409800 BAYHAM Roll No C.Address for Service: 14 Tillson Avenue Tillsonburg, Ontario N4G 2Z6 D. (i) Last Conveyance(s): PIN 35345 -0103 Registration No. E290125 (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes Li No 171 Not known E. Tax Statements Prepared By: Michael George Charles Szorenyi 25 Harvey St. Tillsonburg N4G 3J7 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2008-108 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN SORENY FARMS LIMITED AND THE MUNICIPALITY OF BAYHAM 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 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 the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to execute an easement agreement with Soreny Farms Limited to permit the operation and maintenance of an irrigation and drainage system. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNMCPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Easement Agreement with Soreny Farms Limited affixed hereto and forming part of this By-law as Schedule"A". 2. THAT the executed agreement shall be registered in the Land Registry Office for the Registry Division of Elgin(No. 11). 3. 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 20th DAY OF NOVEMBER,2008. OP A MAY►, -- Lynn Acre C)<ERK- Lynda Millard r THIS AGREEMENT made the Du day of September, 2008. BETWEEN: The Corporation of the Municipality of Bayham P.O.Box 160, Straffordville,'Ontario NOJ 1Y0 (hereinafter called the"Owner") OF THE FIRST PART -and- Soreny Farms Limited 14 Titllson Avenue,Tillsonburg,Ontario N4G 2Z6 (hereinafter called the"Company") OF THE SECOND PART WHEREAS the Owner isthe owner in fee simple of the property of the property described in Schedule"A"hereto (the`Property'); AND WHEREAS the Company is the former owner of the Property and requires an Easement over the Property for the purposes ofirrigation.and drainage,including the construction and maintenance of underground pipelines and installation and maintenance of pumper Or pumps for irrigation purposes and for access to its adjacent lands; AND WHEREAS the Owner has agreed to grant to the Grantee an Easement in perpetuity to enter upon the Property for the said purpose on the terms hereafter set forth; • NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the payment by the Company to the Owner in the amount of Two Dollars($2.00)and consideration of the due and valid transfer of the property from the Company to the Owner;'and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. The Company shall have a free, uninterrupted, and unobstructed right of easement in perpetuity. to enter upon the Property for the purpose of using, repairing, inspecting, replacing,removing,altering,operating and Maintaining an irrigation and drainage system and all associated works (including irrigation pumps) (hereinafter called the "Associated Works"),which the Company may deem necessary or convenient thereto for the purposes of running an irrigation•system on any lands owned by the Company which lie adjacent to the Property and for the purpose of accessing its adjacent lands. The Owner shall provide access of adequate width and strength for fully loaded farm equipment to each field owned by the Company. The Company shall exercise these rights subject to the provisions of this Agreement 2. The Company may not use the Easement for any purpose other than the purpose set out in paragraph 1 above. 3_ The Company will,at its own expense,as soon as reasonably possible after any work on the Property by the Company or at its direction,remove all surplus soil,fill in all excavations and restore all fences and other structures and obstructions and restore the land surface and improvements thereon to the same condition as prior to the commencement of any such work or any subsequent work thereto and,without limiting the generality of the foregoing,shall from time to time do whatever grading,leveling,paving,landscaping of the Property as may be required as a result of the exercise by the Company'of its rights in relation to.the said easement. 4. The Company agrees to give seventy-two(72)hours written notice to the Owner before the commencement of any work which may affect the Property and before entering in, on or upon the Property for the purposes of exercising its rights under this Agreement. Page 2 of 3 5. The Company covenants and agrees that it shall indemnify and save harmless the Owner for all manner of actions,causes of action,claims,demands,actions,suits,proceedings,losses, costs,including reasonable legal costs,damages and any other liability of anykind the Owner may incur in connection with any actions by the Company,its servants, agents,workers or employees under this Agreement. 6. The Company covenants and agrees that it shall fully indemnify and save harmless the Owner from all manner of actions, causes of action, claims, demands,'actions, suits, proceedings,losses,costs,including reasonable legal costs,damages and any other liability of any kind arising in any fashion whatsoever from the existence of or presence of the irrigation equipment used in the Associated Works. 7. The Owner covenants and agrees with the Company that should the Owner require the Company to relocate the irrigation equipment used in the Associated Works,_or any part thereof,the Owner so requiring such relocation shall give the Company reasonable notice in writing thereof and the Company,shall relocate all the irrigation equipment used in the Associated Works as long as a location satisfactory to the Grantee is available and the Owner shall bear the reasonable costs of such relocation. 8. The.Company shall not assign, transfer, sell or otherwise dispose of its rights under this Easement in whole or in part without'the prior written consent of the Owner,which consent shall not be'uureasonably'withheld. 9. This Agreement shall extend•to and be binding upon and enure to the benefit of the Owner and the Company and their respective successors and assigns. 10. This Agreement shall be read with all changes in gender and in number as circumstances require. IN WITNESS WHEREOF the parties hereto have executed this.Agreement.' SIGNED;SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence.of . ) MUNICIPALITY OF BAYHAM ) Per: ' ) oI)• � Name: , cr& ) Title; • Ct. o r = Name: Lyti act. /`3l•// - ) Title: L'M -A ) We have authority to bind the corporation. ) ) ) SORE_.► • ) per . Name. Ai 4 ;" Toteft Title: )• I have authority to bind the corporation. SCHEDULE"A" Part-of Lot 124,Concession North of Talbot Road(NTR),in the Municipality of Bayhasn,formerly in the Township of Bayham,in the County of Elgin designated as PARTS 5 and 6 on Reference Plan 11R-5215. LRO# 11 Transfer Receipted as CT38739 on 2008 12 23 at 16:07 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35345 - 0103 LT Interest/Estate Fee Simple E✓[ Split Description PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215; BAYHAM Address BAYHAM Consideration Consideration $3,138.75 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name SORENY FARMS LIMITED Address for Service 14 Tillson Avenue Tillsonburg, Ontario N4G 2Z6 I, MICHAEL G. SZORENYI, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM. Address for Service P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1Y0 Statements am the solicitor for the transferor(s)and I am not one and the same as the solicitor for the transferee(s). am the solicitor for the transferee(s)and I am not one and the same as the solicitor for the transferor(s). Signed.By Michael George Charles Szorenyi 25 Harvey St. acting for Signed 2008 12 23 Tillsonburg Transferor(s) N4G 3J7 Tel 519-842-4205 Fax 5198424261 Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2008 12 23 Tillsonburg Transferee(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Submitted By GIBSON, LINTON,TOTH, CAMPBELL& BENNETT 36 Broadway, Box 5 2009 01 05 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $15.69 Total Paid $75.69 LAND TRANSFER TAX STATEMENTS !n the matter of the conveyance of: 35345- 0103 PART OF LOT 124, CONCESSION NTR, DESIGNATED AS PARTS 5&6, 11R-5215; BAYHAM BY: SORENY FARMS LIMITED TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(all PINS) 1. SCOTT K. CAMPBELL lam ❑ (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; ❑ (b)A trustee named in the above-described conveyance to whom the land is being conveyed; (c)A transferee named in the above-described conveyance; ✓ (d)The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE MUNICIPALITY OF BAYHAM described in paragraph(s) (c)above. U (e)The President,Vice-President, Manager, Secretary, Director,or Treasurer authorized to act for described in paragraph(s)U above. ❑ (f)A transferee described in paragraph()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a)Monies paid or to be paid in cash 3,138.75 (b)Mortgages (i)assumed(show principal and interest to be credited against purchase price) 0.00 (ii)Given Back to Vendor 0.00 (c) Property transferred in exchange(detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e)Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f)Other valuable consideration subject to land transfer tax(detail below) 0.00 (g)Value of land, building,fixtures and goodwill subject to land transfer tax(total of(a)to(f)) 3,138.75 (h)VALUE OF ALL CHATTELS-items of tangible personal property 0.00 (i)Other considerations for transaction not included in (g)or(h)above 0.00 (j)Total consideration 3,138.75 PROPERTY Information Record A. Nature of Instrument: Transfer LRO 11 Registration No. CT38739 Date: 2008/12/23 B. Property(s): PIN 35345 -0103 Address Assessment 3401000-00409800 BAYHAM Roll No C.Address for Service: P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 'IYO D. (i) Last Conveyance(s): PIN 35345 -0103 Registration No. E290125 (ii)Legal Description for Property Conveyed: Same as in last conveyance? Yes n No I Not known E.Tax Statements Prepared By: Scott Keith Campbell 36 Broadway, Box 5 Tillsonburg N4G 4H3 L tt.T1rlL.H1t, f NO DE CERTIFICAT: 09902160-3124549B CLEAR CERTIFICATE / CERTIFICAT LIBRE SHERIFF OF / SHERIF DE: COUNTY OF ELGIN (ST. THOMAS) DATE OF CERTIFICATE / DATE DU CERTIFICAT : 2008-12-23 THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST THE REAL AND PERSONAL PROPERTY OF: JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION, NI DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION AU MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE: SURNAME / NOM GIVEN NAME (S) / PRENOM(S) (PERSON/PERSONNE) BROWN, CHRISTINE MICHELE SZORENYI CAUTION TO PARTY REQUESTING SEARCH: ENSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED. THIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE. AVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE: ASSUREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUI EST RECHERCHE. CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE DE TRAVAIL. CHARGE FOR THIS CERTIFICATE / FRAIS POUR CE CERTIFICAT : $11. 00 SEARCHER REFERENCE / REFERENCE CONCERNANT L'AUTEUR DE LA DEMANDE: CERTIFICA'T'E 4 : NO DE CERTIFICAT: 09902222-4612229B CLEAR CERTIFICATE / CERTIFICAT LIBRE SHERIFF OF / SHERIF DE: COUNTY OF ELGIN (ST. THOMAS) DATE OF CERTIFICATE / DATE DU CERTIFICAT : 2008-12-23 THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST THE REAL AND PERSONAL PROPERTY OF: JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION, NI DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION AU MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE: SURNAME / NOM GIVEN NAME (S) / PRENOM(S) (COMPANY/SOCIETE) SORENY FARMS LIMITED CAUTION TO PARTY REQUESTING SEARCH: ENSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED. THIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE. AVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE: ASSUREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUI EST RECHERCHE. CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE DE TRAVAIL. CHARGE FOR THIS CERTIFICATE / FRAIS POUR CE CERTIFICAT : $11. 00 SEARCHER REFERENCE / REFERENCE CONCERNANT L'AUTEUR DE LA DEMANDE: CERTIFICATE #: NO DE CERTIFICAT: 09902233-9567772B CLEAR CERTIFICATE / CERTIFICAT LIBRE SHERIFF OF / SHERIF DE: COUNTY OF ELGIN (ST. THOMAS) DATE OF CERTIFICATE / DATE DU CERTIFICAT : 2008-12-23 THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST THE REAL AND PERSONAL PROPERTY OF: JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION, NI DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION AU MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE: SURNAME / NOM GIVEN NAME (S) / PRENOM(S) (COMPANY/SOCIETE) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CAUTION TO PARTY REQUESTING SEARCH: ENSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED. THIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE. AVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE: ASSUREZ-V1OUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUI EST RECHERCHE. CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE DE TRAVAIL. CHARGE FOR THIS CERTIFICATE / FRAIS POUR CE CERTIFICAT : $11.00 SEARCHER REFERENCE / REFERENCE CONCERNANT L'AUTEUR DE LA DEMANDE: