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Home My WebLink AboutBy-law No. 2009-134 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009-134 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 5 AND CONCESSION SOUTH GORE IN LOTS 2 AND 3, BEING PARTS 1 AND 2 PLAN 11R-9100. 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 said Municipal Act 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 Section 34 (2) of the said Municipal Act provides that a by-law permanently closing a highway shall not be passed without consent of the Government of Canada if the highway abuts on land,including land covered by water,owned by the Crown in right of Canada; AND WHEREAS consent of the Government of Canada pursuant to Section 34(2)of the Municipal Act,2001, S.O. 2001,c.25 has been received by letter dated November 23,2009; AND WHEREAS notice of intent to pass this By-law has been published once in the Aylmer Express,a newspaper of general circulation to the area; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in person, or by counsel,solicitor or agent,all persons claiming that their land will be prejudicially affected by this By-law and who applied to be heard; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to stop up,close and convey those parts of the road allowance between Concession 5 and Concession South Gore in Lots 2 and 3,designated as Parts 1 and 2 on Plan 11R-9100, and to convey such parts to the adjoining land owners. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 2 and 3,in the Municipality of Bayham, County of Elgin,(Geographic Township of Bayham),designated as Parts 1 and 2 on Plan 11R-9100,be and are hereby closed and stopped up. 2. THAT all of that part of the said unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 2 and 3,in the Municipality of Bayham,County of Elgin,(Geographic Township of Bayham), designated as Parts 1 and 2 on Plan 11R-9100 shall be conveyed to John Matthew Walker and Jon Solon Walker for consideration in the amount of$10,305 plus reimbursement of legal, advertising,survey, and appraisal costs. 3. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances of those parts of the said road allowances described herein and which have been stopped up and closed. 4. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin,(No. 11). READ A FIRST TIME this 3rd day of December 2009. YOR CLERK READ A SECOND AND THIRD TIME AND FINALLY PASSED this 17th day of December,2009. kIL 0, }Le //44.0"/ Y ' L ' LRO# 11 Application To Register Bylaw Receipted as CT53711 on 2010 02 23 at 14:39 The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 3 Properties PIN 35334- 0183 LT n Redescription Description PART OF RDAL BTN CON GORE AND CON 5 BAYHAM BTN WLY LIMIT OF E229352& COUNTY RD 43; DESIGNATED AS PART 1,ON PLAN 11R-9100 AND PART 2, ON PLAN 11R-9100 AS PER BY-LAW # 2009-134. Address ELGIN Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service BOX 160, STRAFFORDVILLE, ONTARIO NOJ 1Y0 This document is being authorized by a municipal corporation LYNN ACRE, MAYOR AND LYNDA MILLARD, CLERK. This document is not authorized under Power of Attorney by this party. ,Statements This application is based on the Municipality By-Law No. 2009-134 dated 2009/12/03. Schedule: See Schedules Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 02 23 Tillsonburg Applicant(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON BENNETT GROOM &SZORENYI 36 Broadway, Box 5 2010 02 23 Tillsonburg N4G 4H3 Tel 5198423658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: S10-030 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009-134 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 5 AND CONCESSION SOUTH GORE IN LOTS 2 AND 3, BEING PARTS 1 AND 2 PLAN 11R-9100. WHEREAS Section 11 of the Municipal Act,2001,S.O.2001,Q.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 said Municipal Act 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 Section 34(2)of the said Municipal Act provides that a by-law permanently closing a highway shall not be passed without consent of the Government of Canada if the highway abuts on land,including land covered by water,owned by the Crown in right of Canada; AND WHEREAS consent of the Government of Canada pursuant to Section 34(2)of the Municipal Act,2001,5.0.2001,c,25 has been received'by letter dated November 23,2009; AND WHEREAS notice of intent to pass this By-law has been published once in the Aylther Express,a newspaper of general circulation to the area; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in person,or by counsel,solicitor or agent,all persons claiming that their land will be prejudicially affected by this By-law and who applied to be heard; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to stop up,close and convey those parts of the mad allowance between Concession 5 and Concession South Gore in Lots 2 and 3,designated as Parts 1 and 2 on Plan 11R-9100, and to convey such parts to the adjoining land owners. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 2 and 3,in the Municipality of Bayham,,County of Elgin,(Geographic Township of Bayham),domed as Parts 1 and 2 on Plan 11R-9100,be and are hereby closed and stopped up. 2. THAT all of that part of the said unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 2 and 3,in the Municipality of Bayham,County of Elgin,(Geographic Township of Bayham),designated as Parts 1 and 2 on Plan 11R-9100 shall be conveyed to John Matthew Walker and Jon Solon Walker for consideration in the amount of$10,305 plus reimbursement of legal; advertising,survey,and appraisal costs. 3. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances of those parts of the said mad allowances described herein and which have been stopped up and closed. 4. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin,(No. 11). READ A FIRST TIME this 3rd day of December 2009.. .1 • fA 1I1 :. i I � JZSlt.GC CLERK READ A SECOND ANDTHIRD TIME AM)FINALLY PASSED this 17th day of December,2009. Al . , 7 � �,� `D L CERTIFICATE If : NO DE CERTIFICAT: 12672082-3126856B CLEAR .CERTIFICATE / CERTIFICAT LIBRE SHERIFF OF / SHERIF DE: COUNTY OF ELGIN (ST. THOMAS) DATE OF CERTIFICATE / DATE DU CERTIFICAT : 2010-02-23 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-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 : LRO# 11 Transfer Receipted as CT53714 on 2010 02 23 at 14:47 The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 2 Properties PIN 35334- 0183 LT Interest/Estate Fee Simple n Split Description PART OF RDAL BTN CON GORE AND CON 5 BAYHAM BTN WLY LIMIT OF E229352& COUNTY RD 43; DESIGNATED AS PART 1,ON PLAN 11R-9100 AND AS PART 2,ON PLAN 11 R-9100; CLOSED BY BY-LAW# 2009-134 Address ELGIN Consideration Consideration $ 10,305.00 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service BOX 160 STRAFFORDVILLE, ONTARIO NOJ 1Y0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation LYNN ACRE, MAYOR AND LYNDA MILLARD, CLERK. Transferee(s) Capacity Share Name WALKER,JOHN MATTHEW Joint Tenants Date of Birth 1933 07 08 Address for Service R.R.#1 AYLMER, ONTARIO N5H 2H2 Name WALKER,JON SOLON Joint Tenants Date of Birth 1960 11 21 Address for Service R.R.#1 AYLMER, ONTARIO N5H 2H2 Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 02 23 Tillsonburg Transferor(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I am the solicitor for the transferor(s)and the transferee(s)and this transfer is being completed in accordance with my professional standards. have the authority to sign and register the document on behalf of all parties to the document. Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 02 23 Tillsonburg Transferee(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I am the solicitor for the transferor(s)and the transferee(s)and this transfer is being completed in accordance with my professional standards. have the authority to sign and register the document on behalf of all parties to the document. LRO# 11 Transfer Receipted CT53714 on 2010 02 23 at 14:47 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway, Box 5 2010 02 23 Tillsonburg N4G 4H3 Tel 5198423858 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $51.53 Total Paid $111.53 •File Number Transferor Client File Number: 510-030 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35334- 0183 PART OF RDAL BTN CON GORE AND CON 5 BAYHAM BTN WLY LIMIT OF E229352&COUNTY RD 43; DESIGNATED AS PART 1, ON PLAN 11R-9100 AND AS PART 2, ON PLAN 11R-9100; CLOSED BY BY-LAW# 2009-134 BY: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: WALKER,JOHN MATTHEW Joint Tenants %(all PINs) WALKER,JON SOLON Joint Tenants %(all PINs) 1. WALKER,JOHN MATTHEW AND WALKER,JON SOLON 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; 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 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 10,305.00 (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)) 10,305.00 (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 10,305.00 PROPERTY Information Record A. Nature of Instrument: Transfer LRD 11 Registration No. CT53714 Date: 2010/02/23 B. Property(s): PIN 35334-0183 Address Assessment ELGIN Roll No C.Address for Service: R.R.#1 AYLMER,ONTARIO N5H 2H2 D. (i) Last Conveyance(s): PIN 35334 -0183 Registration No. null (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes j. No [✓ Not known U E.Tax Statements Prepared By: Michael George Charles Szorenyi 36 Broadway, Box 5 Tillsonburg N4G 4H3 CERTIFICATE # : NO DE CERTIFICAT: 12671976-5216306B CLEAR CERTIFICATE / CERTIFICAT LIBRE SHERIFF OF / SHERIF DE: COUNTY OF ELGIN (ST. THOMAS) DATE OF CERTIFICATE / DATE DU CERTIFICAT : 2010-02-23 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) PUBLIC AUTHORITY HAVING JURISDICTION 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: LRO# 11 Application To Change Name-Owners Receipted as CT53710 on 2010 02 23 at 14:39 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35334- 0183 LT Description RDAL BTN CON GORE AND CON 5 BAYHAM BTN WLY LIMIT OF E229352&COUNTY RD 43; BAYHAM Address ELGIN Party From(s) Name PUBLIC AUTHORITY HAVING JURISDICTION Address for Service BOX 160, STRAFFORDVILLE, ONTARIO NOJ 1Y0 Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service BOX 160, STRAFFORDVILLE, ONTARIO NOJ 1Y0 This document is being authorized by a municipal corporation LYNN ACRE, MAYOR AND LYNDA MILLARD, CLERK. This document is not authorized under Power of Attorney by this party. Statements The name has changed as a result of The Corporation of the Municipality of Bayham being the Public Authority having jurisdiction and this statement is made for no improper purpose. Schedule: See Schedules Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 02 23 Tillsonburg Applicant(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway, Box 5 2010 02 23 Tillsonburg N4G 4H3 Tel 5198423658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number: 810-030 Applicant Client File Number: S10-030 16101H4A4 Municipality of Bayham oppOtnitp n-tod P.O.Box 160,9344 Plank Road, Straffordville,Ontario NOJ 1YO Tel:(519)866-5521 • Fax:(519)866-3884 email:bayhatn@bayham.on.ca January 28,2010 Michael Szorenyi Gibson Bennett Groom&Szorenyi 36 Broadway P.O.Box 5 Tillsonburg,ON N4G 4H3 Dear Mr. Szorenyi, Re: Unopened Road Allowance Between Concession 5 and Concession South Gore. former Township of Bayham This is to confirm that the Corporation of the Municipality of Bayham is the Public Authority having Jurisdiction regarding the Unopened Road Allowance between Concession 5 and Concession South Gore,former Township of Bayham. Your/truly Kyie er Admiliistrato