HomeMy WebLinkAboutBy-law No. 2009-016 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2009-016
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 4
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.U. 2UU1, 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 John Nasswetter and Laurel Nasswetter,being part of Lot 17, Concession
4,in the Municipality of Bayham, designated as Part 4 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 4 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.
A K)
MA S r CLERK
LRO#11 Application To Register Bylaw Receipted as CT40999 on 2009 03 13 at 15:17
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3
Properties
PIN 35332-0323 LT V]Affects Part of Prop
Description PART LOT 17,CONCESSION 4,DESIGNATED AS PART 4,PLAN 11R-9030,BAYHAM
Address PLANK RD
BAYHAM
Applicant(s)
This Order/By-law affects the selected PINs.
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Address for Service 9344 Plank Road,
P.O.Box 160
Straffordville,Ontario
NOJ 1Y0
This document is being authorized by a municipal corporation Lynn Acre,Mayor,and Kyle Kruger,Deputy-Clerk.
This document Is not authorized under Power of Attorney by this party.
Statements
This application is based on the Municipality By-Law No.2009-016 dated 2009/02/19.
Schedule: See Schedules
Signed By
David Bradley Bennett 36 Broadway.Box 5 acting for Signed 2009 0313
Tillsonburg Applicant(s)
N4G 4H3
Tel 519-842-3658
Fax 5198425001
Submitted By
GIBSON,LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway,Box 5 2009 0313
Tillsonbutg
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
0114.114: Mu n i c ip a l i ty of
Bayham.
r sit
char �xty Xa P.O.Box 160,9344 Plank Road,
5traifordville,Ontario NOJ IVO
TeL 866-5521 "Fax(519)866-3884
ens:+ii:bayham@bayham.on.ca
August 12,2008
John and Laurel Nasswetter
6968 Plank Road
R.R.#1
Vienna,ON
NOJ 1Z0
Dear Mr.and Mrs.Nasswetter,
Re: Land Purchase—Proteertyr for Light Line Repairs
Thank you for your cooperation in discussing the need for the Municipality of Bayham to acquire a
small parcel of lands for repairs/improvements to Light Line. This letter is to confirm our discussions.
In summary:
The Municipality is to acquire approximately 0.056 ha. (0.14 acres) of land from your property
identified by loll no_ 34-01-000-002-16100 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 fine Gibson„Linton,Toth,Campbell,and Bennett in the matter to act on
behalf bf 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 Bayharn.
Thank you again for your cooperation. If you have any questions or concerns,please do not hesitate to
contact me.
Yo r truly UWe acknowledge and agree with the terms as
summarized in th's leder.
i4M4 ,.
A• sora •r ` John N
>(azv e. // '°f
Laurel Nasswetter
LRO#11 Transfer Receipted as CT41000 on 2009 03 13 at 15;17
The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 2
Properties
PIN 35332-0323 LT tnterest/Estafe Fee simple n Split
Description PART LOT 17,CONCESSION4;DESIGNATED AS PART 4,PLAN 11R-9030,BAYHAM
Address PLANK ROAD
BAYHAM
Consideration
Consideration $675.00
Transferor(s)
The transferor(s)hereby transfers the land to the transferee(s).
Name NASSWETTER,JOHN
Address for Service 6968 Plank Road,
R.R.#1
Vienna,Ontario
NOJ 120
I am at least 18 years of age.
LAUREL ANNE NASSWETTER 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 NASSWETTER,LAUREL ANNE
Address for Service 6968 Plank Road,
R.R.#1
Vienna,Ontario
NOJ 120
I am at least 18 years of age.
John Nasswetter 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 1Y0
Statements
I am the solicitor for the transferor(s)and I am not one and the same as the solicitor for the transferee(s).
I am the solicitor for the transferee(s)and I am not one and the same as the solicitor for the transferor(s).
Signed By
James William Michael Doyle 10 Sydenham Street East acting for Signed 2009 03 13
Aylmer Transferor(s)
N5H 1L2
Tel 519-773-3105
Fax 5197651728
David Bradley Bennett 36 Broadway,Box 5 acting for Signed 2009 03 13
Tillsonburg Transferee(s)
N4G 4H3
Tel 519-842-3658
Fax 5198425001
LRO# 11 Transfer Recaipted as CT41000 on 2009 03 13 at 15:17
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 03 13
Tillsonburg
N4G 4H3
Tel 519-842-3658
Fax 5198425001
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Provincial Land Transfer Tax $3.38
Total Paid $63.38
File Number
Transferor Client File Number: R 24450/09
Transferee Client File Number: C08-910
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 35332-0323 PART LOT 17,CONCESSION4;DESIGNATED AS PART 4, PLAN 11 R-9030,
BAYHAM
BY: NASSWETTER,JOHN
NASSWETTER, LAUREL ANNE
TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(ail PINs)
1. SCOTT KEITH CAMPBELL
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;
I l (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 675.00
(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)) 675.00
(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 675.00
PROPERTY Information Record
A. Nature of Instrument: Transfer
LRO 11 Registration No. CT41000 Date: 2009/03/13
B. Property(s): PIN 35332 -0323 Address PLANK ROAD Assessment
BAYHAM Roll No
C.Address for Service: 9344 Plank Road,
P.O. Box 160
Straffordville,Ontario
NOJ 1Y0
D. (i)Last Conveyance(s): PIN 35332 -0323 Registration No. E234366
(ii)Legal Description for Property Conveyed: Same as in last conveyance? Yes 1I No Not known ❑
E.Tax Statements Prepared By: David Bradley Bennett
36 Broadway,Box 5
Tillsonburg N4G 4H3