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HomeMy WebLinkAboutBy-law No. 2009-015 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-015 A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOT 17, CONCESSION 4,IN THE MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 3 ON PLAN 11R-9030 WHEREAS Section 9 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 Act; 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 Light Line; 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 Andy Geurtjens and Johanna Geurtjens,being part of Lot 17, Concession 4,in the Municipality of Bayharn, designated as Part 3 on Plan 11R-9030. 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 3 on Plan 11R-9030 be dedicated as part of the public highway known as Light Line. 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 19TH DAY OF FEBRUARY,2009. r LI4LA ) Ar. ,: �,� !, IAYQR CL RK LI LRO#11 Application To Register Bylaw Receipted as CT42255 on 2009 04 23 at 10:17 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 35332-0632 LT H Affects Part of Prop Description PART OF LOT 17,CONCESSION 4,DESIGNATED AS PART 3, PLAN 11R-9030, BAYHAM Address LIGHT LINE ELGIN Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P.O.Box 160 Straffordville,Ontario NOJ 1Y0 This document is being authorized by a municipal corporation Lynn Acre,Mayor,and Kyle Kruger,Deputy-Cleric. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No,2009-015 dated 2009/02/19. Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway,Box 5 acting for Signed 2009 04 23 Tillsonburg Applicant(s) N4G 41-13 Tel 519-842-3658 Fax 5198425001 Submitted By GIBSON,LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway,Box 5 2009 04 23 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: C08-910 - Y� Municipality of we Bayham M1i •``�sr MPS` .pp ity 3$ P.O.Box 160.9344 Plank Road. Stratfordvifie,Ontario NOI 1Y0 Tel:(5)9)866-5521 • Fax:(519)866-3884 email:bapham@bayham.on.ca August 12,2008 Andy and Johanna Geurtj ens 55846 Light Line RR#1 Vienna,ON NOI 1Z0 Dear Mr.and Mrs.Geurtjens, Re_Land Purchase--Property for Lifht Line Repairs Thank you for your cooperation in discussing the need for the Municipality of Bayham to acquire a small parcel of Lands for repairsl-improvements to Light Line. This letter is to confirm our discussions. In summary: . The Municipality is to acquire approximately 0.042 ha (0.10 acres) of land from your property identified by roll no. 34-01-000-002-16510 for the purpose of repairs and improvements to Light Line. . The consideration for the property will be at a rate of$5,000 per acre. . The property alignment is generally as shown on the attached plan. . The Municipality will assume the costs for legal and survey. In regard to legal costs, the Municipality will retain the firm Gibson,Linton,Toth,Campbell,and Bennett in the matter to act on behalf of both parties. It would be most appreciated if you would sign the acknowledgment below and return this letter to the Municipal Offices(a second copy is enclosed for your records). Lastly, please note that these arrangements are subject to final approval by the Council for the Municipality of Bayham. Thank you again for your cooperation. If you have any questions or concerns,please do not hesitate to contact me. Ye. ly. 1/We acknowledge and agree with the terms as summarized in this letter. .1' a A• f int-. ] or Andy Ge barna Getutj LRO#11 Transfer Receipted as CT42256 on 2009 04 23 at 10:17 The applicant(s)hereby applies to the Land Registrar. yyyy mm cid Page 1 of 2 Properties PIN 35332-0632 LT Interest/Estate Fee Simple H Split Description PART OF LOT 17,CONCESSION 4;DESIGNATED AS PART 3,PLAN 11R-9030; BAYHAM Address LIGHT LINE ELGIN Consideration Consideration $495.00 Transferor's) The transferor(s)hereby transfers the land to the transferee(s). Name GEURTJENS,ANDY GERARDUS MARIA Address for Service 55846 Light Line, R.R.#1 Vienna,Ontario NOJ 1Z0 I am at least 18 years of age. Johanna Josephine Francisca Stephanie Geurtjens and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Name GEURTJENS,JOHANNA JOSEPHINA FRANCISCA STEPHANIE Address for Service 55846 Light Line, R.R.#1 Vienna,Ontario NOJ 1Z0 I am at least 18 years of age, Andy Gerardus Maria Geurtjens and I are spouses of one another and are both parties to this document 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 9344 Plank Road, P.O.Box 160 Straffordville,Ontario NOJ 1 Y0 Statements The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada,including any Crown corporation,or any agency,board or commission of the Crown;or a municipal corporation. Signed By Scott Keith Campbell 36 Broadway,Box 5 acting for Signed 2009 04 23 Tlllsonburg Transferor(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Scott Keith Campbell 36 Broadway,Box 5 acting for Signed 2009 04 23 Tillsonburg Transferee(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 LRO# 11 Transfer Receipted as CT42256 on 2009 04 23 at 10:17 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 04 23 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $2.48 Total Paid $62.48 File Number Transferee Client File Number: C08-910 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35332-0632 PART OF LOT 17,CONCESSION 4;DESIGNATED AS PART 3, PLAN 11 R-9030; BAYHAM BY: GEURTJENS,ANDY GERARDUS MARIA GEURTJENS,JOHANNA JOSEPHINA FRANCISCA STEPHANIE TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(all PINs) 1. SCOTT KEITH CAMPBELL I am LI (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. (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 495.00 (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)) 495.00 (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 495.00 PROPERTY Information Record A. Nature of Instrument: Transfer LRO 11 Registration No. CT42256 Date: 2009/04/23 B. Property(s): PIN 35332 -0632 Address LIGHT LINE Assessment ELGIN Roll No C.Address for Service: 9344 Plank Road, P.O. Box 160 Straffordville,Ontario NOJ 1Y0 D.(1)Last Conveyance(s): PIN 35332 -0632 Registration No. E391103 (ii)Legal Description for Property Conveyed : Same as in last conveyance? Yes I I No I✓I Not known E.Tax Statements Prepared By: Scott Keith Campbell 36 Broadway, Box 5 Tillsonburg N4G 4H3