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HomeMy WebLinkAboutBy-law No. 2009-005 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-005 A BY-LAW TO AUTHORIZE THE CONVEYANCE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOTS 19 AND 20,CONCESSION NORTH GORE, DESIGNATED AS PARTS 1,2 AND 3 ON PLAN 11R-8999 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 Municipality of Bayham and the Town of Tillsonburg are the owners of lands described as part of lots 19 and 20, Concession North Gore,designated as Parts 1,2 and 3 on Registered Plan 11R-8999; AND WHEREAS the Council of the Municipality of Bayham is desirous of conveying such lands to the County of Elgin for the purpose of facilitating bridge repairs; 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 documents as necessary to effect the conveyance of lands described as Part of Lots 19 and 20, Concession North Gore, designated as Partsl, 2 and 3 on Plan 11R-8999 to the County of Elgin. 2. 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 15T11 DAY OF JANUARY,2009. MA • 1, CL RK ACKNOWLEDGEMENT AND DIRECTION TO: John Edward Hogan (insert lawyer's name) AND TO: Hennessey Gibson HoaanLL' (Insert firm name) RE: The Corporation of the Municipality of Bavham—Application to Change Name ("the transaction") (insert brief description of transaction) This will confirm that:- " I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below("the Documents),and that this information is accurate. • You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my/our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement,which appears on the website of the Law Society of Upper Canada es to the date of the Agreement of Purchase and Sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me/us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me/us,and I/we understand that I/we are parties to and bound by the terms and provisions of the Documents to the same extent as If I/we had signed them;and • I/We are In fact the parties named in the Documents and I/We have not misrepresented our identities to you. • I, am the spouse of the (Transferor/Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction,I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s)described in the Acknowledgement and Direction are the document(s)selected below which are attached hereto as"Document in Preparation"and are: ❑ A Transfer of land described above. ❑ A Charge of Land described above. ►; Other documents set out in Schedule"B'attached hereto.—Application to Change Name DATED at Straffordville,this /511' day of January, 2009. WITNESS: (as to all signatures,if required) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM // , 1 . A _ Nam': .1 ' /}cr.e Title: (Y\. !or Name: Ly M;11n Tdt Title: C L -k I/We have authority to bind the Corporation LRO#11 Application To Change Name-Owners In preparation on 2008 12 23 at 10:04 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 35345-0161 LT Description PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM;PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 1 11 R6476; SIT E378035;SIT E447965;BAYHAM Address BAYHAM PIN 35345-0162 LT Description PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM;PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 2 11 R6476; SIT E378035:SfT E447965;BAYHAM Address BAYHAM PIN 35336-0285 LT Description PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 3,4 11R6476;PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 3,4,5 11R6476;SIT E447965;BAYHAM Address BAYHAM Party From(s) Nemo THE CORPORATION OF THE VILLAGE OF PORT BURWELL Acting as a company Address for Service P.O.Box 160,9344 Plank Road,Straffordville,Ontario,NOJ 1Y0 Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Acting as a company Address for Service P.O.Box 160,9344 Plank Road,Straffordville,Ontario,NOJ 1Y0 ,have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Statements The name has changed as a result of a change of corporate name authorized under a Minister's Restructuring Order dated May 15, 1997 as amended by a Minister's Restructuring Order dated November 27,1997,which Order Is now registered as instrument no. CT23786 and this statement is made for no improper purpose. Signed By John Edward Hogan 99 Edward St.,2nd Floor acting for Signed 2008 12 23 St.Thomas Applicant(s) N5P 1Y8 Tel 5196333310 Fax 5196339374 File Number Party From Client File Number: 150-427 LRO# 11 Transfer Receipted as CT39714 on 2009 01 30 at 11:33 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 35336-0285 LT Interest/Estate Fee Simple Split Description PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM;PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 1 11R8999; SIT E447965;BAYHAM Address BAYHAM PIN 35345-0162 LT Interest/Estate Fee Simple (✓] Split Description PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM;PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 2 11 R8999; SIT E378035;SIT E447965;BAYHAM Address BAYHAM PIN 35345-0161 LT Interest/Estate Fee Simple E Split Description PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 3 11R8999;SIT E378035; SIT E447965;BAYHAM Address BAYHAM Consideration Consideration $1.00 Transferor(s) The transferor(s)hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE TOWN OF TILLSONBURG Address for Service 19 Lisgar Avenue,Tillsonburg, Ontario, N4G 5A5 I, Michael Graves, Clerk, and I, Stephen Molnar, Mayor,have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. 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 I, 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 THE CORPORATION OF THE COUNTY OF ELGIN Registered Owner Address for Service 450 Sunset Road, St.Thomas,Ontario,N5R 5V1 Statements I am the solicitor for the transferor(s)and the transferee(s)and this transfer is being completed in accordance with my professional standards. Signed By John Edward Hogan 99 Edward St.,2nd Floor acting for Signed 2009 01 30 St.Thomas Transferor(s) N5P 1Y8 Tel 5196333310 Fax 5196339374 John Edward Hogan 99 Edward St.,2nd Floor acting for Signed 2009 01 30 St.Thomas Transferee(s) N5P 1Y8 Tel 5196333310 Fax 5196339374 LRO# 11 Transfer Receipted as CT39714 on 2009 01 30 at 11:33 The applicant(s)hereby applies to the Land Registrar. yyyy mrn dd Page 2 of 3 Submitted By HENNESSEY GIBSON HOGAN LLP 99 Edward St.,2nd Floor 2009 01 30 St Thomas N5P 1Y8 Tel 5196333310 Fax 5196339374 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: 150-427 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35336 - 0285 PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM; PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 1 11R8999;SIT E447965;BAYHAM 35345 0162 PT LT 19 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM; PTE AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 2 11 R8999;S/T E378035;SIT E447965;BAYHAM 35345 - 0161 PT E AND W PT LT 20 CON N GORE S OF CON 8 N OF TALBOT RD LOTS BAYHAM PT 3 11 R8999;S/T E378035;S£T E447965;BAYHAM BY: THE CORPORATION OF THE TOWN OF TILLSONBURG THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: THE CORPORATION OF THE COUNTY OF ELGIN Registered Owner 1. JOHN EDWARD HOGAN I am ❑(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 COUNTY OF ELGIN described in paragraph(s)(C)above. ❑(e)The President,Vice-President, Manager,Secretary, Director,or Treasurer authorized to act for described in paragraph(s)L)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 paragraphL)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 1.00 (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)) 1.00 (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 1.00 4. Explanation for nominal considerations: g)Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal purposes:transfer for purpose of widening of County Road 19 5. The land is not subject to an encumbrance PROPERTY Information Record A.Nature of Instrument: Transfer LRO 11 Registration No. CT39714 Date: 2009/01/30 B.Property(s): PIN 35336 - 0285 Address BAYHAM Assessment - Roll No PIN 35345 - 0162 Address BAYHAM Assessment Roll No PIN 35345 0161 Address BAYHAM Assessment Roll No C.Address for Service: 450 Sunset Road,St.Thomas,Ontario,N5R 5V1 D.(i)Last Conveyance(s): PIN 35336 - 0285 Registration No. E447965 PIN 35345 0162 Registration No. E447965 PIN 35345 0161 Registration No. E447965 (ii)Legal Description for Property Conveyed:Same as in last conveyance? Yes ❑ No © Not known ❑ F.Tax Statements Prepared By: John Edward Hogan 99 Edward St., 2nd Floor St.Thomas N5P 1Y8 TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND TO: THE CORPORATION OF THE TOWN OF TILLSONBURG RE: THE CORPORATION OF THE COUNTY OF ELGIN transfer from The Corporation of the Municipality of Bayham The Corporation of The Town of Tillsonburg Part Lots 19 and 20,Concession North Gore,being Parts 1 and 2, 11R-8999 Part Lot 20, Concession North Gore, being Part 3, 11 R-8999, Township of BAYHAM, County of ELGIN UNDERTAKING IN CONSIDERATION of the completion of this transaction, the undersigned hereby undertakes and agrees to have Part Lots 19 and 20, Concession North Gore, being Parts 'I and 2, 11 R-8999 and Part Lot 20, Concession North Gore, being Part 3, 11 R-8999, Township of BAYHAM, County of ELGIN induded in The Corporation of the County of Elgin roadway Assumption By-Law and to provide a copy thereof. DATED at St.Thomas, Ontario,this 0/7 day of January,2009. THE CORPORATION OF THE COUNTY OF ELGIN Na e: ' -m Warwick Positioner Warden `-''/. Name: NegliWn=Id Position: Chi inistrative Officer We have authority to bind the corporation