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HomeMy WebLinkAboutBy-law No. 2017-043 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-043 BEING A BY-LAW TO STOP UP AND CLOSE PART OF THE ROAD ALLOWANCE KNOWN AS CREEK ROAD IN THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN, DESIGNATED AS PARTS 1 AND 2 ON REGISTERED PLAN 11R-10165 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 the Council of the Corporation of the Municipality of Bayham previously directed the closure of Creek Road with By-law No. 2002-064 which lacked an appropriate legal description for registration purposes. 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 that portion of the road allowance known as Creek Road, Registered Plan 11 R-10165 Parts 1 and 2 of the Municipality of Bayham, in the County of Elgin is hereby stopped up and closed; 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11); 3. THAT By-law No. 2002-064 shall be repealed in its entirety; 4. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4th day of May 2017. MAYO ��° . GIBSON BENNETT GROOM & SZORENYI Barristers and Solicitors 36 Broadway, Tillsonburg, Ontario N4G 3P1 Telephone: (519) 842-3658 Fax: (519) 842-5001 D. BRADLEY BENNETT, B.A. (Hons), LL.B. MICHAEL G. SZORENYI, B.Sc(Hons), B.Adm., LL.B. IAN R. LINTON, Q.C. (1928-2001) R. G.GROOM(1910-1990)Provincial Court of Ontario Justice BERNARD TOTH, Q.C. (Retired) SCOTT K.CAMPBELL(Appointed Superior Court Justice July 2009) ANTONY G.LADOS LL.B. ASSOCIATE March 9, 2017 Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 ATTN: PAUL SHIPWAY Dear Sir: RE: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-043 OUR FILE # S17-0321 Enclosed herewith please find the following: LAND TITLES PORTION OF THE LANDS: 1. Application; 2. Application to Register by-law; REGISTRY PORTION OF THE LANDS: 1. Transfer/Deed of Land - establish ownership of road allowance; with Land Transfer Tax Affidavit; Please sign the transfer in duplicate and the land transfer tax affidavit in triplicate. Please ensure the Land transfer tax affidavit is sworn by a commissioner of oaths. 2. Document General - by-law; Please sign in duplicate and provide an original of the by-law with the corporate seal affixed on same. Once all of the above-noted documentation has been executed, please arrange for the originals to be mailed or delivered to our office. Thank you. Yours very truly, '41(4i m MICHAEL G. SZORENYI MGS/lm Ends. ACKNOWLEDGEMENT AND DIRECTION TO: MICHAEL G. SZORENYI (Insert lawyer's name) AND TO: GIBSON BENNETT GROOM & SZORENYI (Insert firm name) RE: APPLICATION - PUBLIC AUTHORITY TO THE CORPORATION OFTHE (the transaction") MUNICIPALITY OF BAYHAM - ROAD ALLOWANCE 31-1 (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out in 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 as of 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 the land described above. ❑ A Charge of the land described above. f� dOther documents set out in S .edule"B"attached hereto. Tl Pp4•1 A--0D Dated at /j I / A , , this C rl O( day of O`, �e,, 20 /7, WITNESS (As to all signatures, if required) THE CORPO'ATION OF THE MUNICIPALITY OF BAYHAM PER: PAUL ENS, MAYOR 'ER: P UL SHIPWAY, CLERK/CAO WE HAVE THE AUTHORITY TO BIND THE CORPORATION. LRO# 11 Application (General) In preparation on 2017 09 20 at 10:01 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 35332 - 0668 LT H Affects Part of Prop Description PART RDAL BTN LT 10 AND LT 11 CON 3 BAYHAM; DESIGNATED AS PART 1, ON PLAN 11R-10165 ; MUNICIPALITY OF BAYHAM Address ELGIN Applicant(s) Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Acting as a company Address for Service BOX 160 STRAFFORDVILLE, ONTARIO This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation PAUL ENS, MAYOR AND PAUL SHIPWAY , CLERK/CAO. Statements Schedule: See Schedules File Number Applicant Client File Number: S17-321 Municipality of jq BAYHAM TO14 wo A: P.O. Box 160,56169 Heritage Line �°'' •�, Straffordville, ON NOJ 1Y0 te F T: 519-866-5521y F: 519-866-3884 Opp vOAWF.�` Oti��� E: bayham@bayham.on.ca °rt.Inity IS W:www.bayham.on.ca September 18, 2017 GIBSON BENNETT GROOM &SZORENYI 36 Broadway, Tillsonburg, ON N4G 3P1 Sent via email: ImudfordAtillsonburglawyers.com Re: PUBLIC AUTHORITY HAVING JURISDICTION Please be advised the Corporation of the Municipality of Bayham is the Public Authority Having Jurisdiction over the following: 1) Part 1, Plan 11R-10165 Should you have any questions or require clarification please do not hesitate to contact the undersigned. Regards, Paul Shipway CAO(Clerk pshipwaybayham.on.ca ACKNOWLEDGEMENT AND DIRECTION TO: MICHAEL G. SZORENYI (Insert lawyer's name) AND TO: GIBSON BENNETT GROOM & SZORENYI (Insert firm name) RE: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM- B Y- LAW ('the transaction") 2017-043. BILE# S17-321 (Insert brief description of transaction) This will confirm that: A I/We have reviewed the information set out in this Acknowledgement and Direction and in the documents described below (the"Documents"), and that this information is accurate; O 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 as of 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; O 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 the land described above. ❑ A Charge of the land described above.411 Other documents set out in edule"B"attached hereto. & I 1011 —� o-ILD Dated atcTa. f (7 , this 7 C day of V ., br-� , 20 17. WITNESS (As to all signatures, if required) 2 �✓' /G'%z:.."C THE CORPO"TION OF THE MUNICIPALITY OF BAYHAM PER: PAUL ENS, MAYOR j PAUL HIPA 0''r/CAO WE HAVE THE AUTHORITY TO BIND THE CORPORATION. LRO# 11 Application To Register Bylaw In preparation on 2017 09 20 at 10:09 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 35332 - 0668 LT ✓ Affects Part of Prop Description PART RDAL BTN LT 10 AND LT 11 CON 3 BAYHAM; DESIGNATED AS PART 1, ON PLAN 11R-10165; MUNICIPALITY OF BAYHAM Address ELGIN Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Acting as a company Address for Service BOX 160 STRAFFORDVILLE, ONTARIO This document is being authorized by a municipal corporation PAUL ENS, MAYOR AND PAUL SHIPWAY, CLERK/CAO. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-law See Schedules. File Number Applicant Client File Number: S17-321 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-043 BEING.A BY-LAW TO STOP UP AND CLOSE PART OF THE ROAD ALLOWANCE KNOWN AS CREEK: ROAD IN THE MUNICIPALITY OF BAYHAM, IN THE. COUNTY OF ELGIN, DESIGNATED AS PARTS 1 AND 2 ON REGISTERED PLAN 11R-10165 WHEREAS Section 11 of the Municipal Act, 2001,S.O. 2001, c. 25 as amended provides that a rower 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 the Council of the Corporation of the Municipality of Bayham previously directed the closure of Creek Road with By-law No. 2002-064 which lacked an appropriate legal description for registration purposes. 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 that portion of the road allowance known as Creek Road, Registered Plan 11 R-10165 Parts 1 and 2 of the Municipality of Bayham, in the County of Elgin is hereby stopped up and closed; 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin(No. 11); 3. THAT By-law No. 2002-064 shall be repealed in its entirety; 4. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4"'day of May 2017. 7.2 MAYO 7.°- /� %ific Province Do Process Software • (416)322-6111 Ontario Transfer/Deed of Land l Form 1—Land Registration Reform Act 517-321 Y . / (1)Registry U Land Titles (2) Page 1 of pages (3) Property Block Property Identifier(s) 35332-0569 Additional: See Schedule (4)Consideration TWO Dollars$ 2.00 z 0Lu (5)Description This is a: PropertyProperty co Division II Consolidation D w Part Lot 11, Concession 3, o Li p south of 11R7436 and North of E244178, New Property Identifiers designated as PART 2, ON PLAN 11R-10165 o Additional: Municipality of Bayham,County of Elgin Sch Schedule I I being all of the PIN. Executions Additional: See I I Schedule (6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New EasementAdditional Fee Simple Contains Plan/Sketch U Description Parties Other H (8)Transferor(s)The transferor hereby transfers the land to the transfereeand certifies that the transferor is at least eig een years old and that Date of Signature Name(s) Signature(s) Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PER: 2017 I<-) 0 Q PAUL !� •• ! 16 �� PAU .:: ��' Q 2017 We ave the author' bind the Corporation. • • (9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D (10) Transferor(s)Address Box 160, Straffordville, Ontario for Service (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (12) Transferee(s)Address Box 160, Straffordville, Ontario for Service (13)Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the PlanrTh . e rH CORPORATI OF THE MUNICIPALITY OF BAYHAM Date of Signature Date of Signature Y M D Y M D J Signature 2017 Signature zSolicitor for Transferor(s)I have explained the efect of section 50 of the Planningact to the transferor and I have made inquiries of the transferor to determine Z that this transfer does not contravene that section and based on the information supplied by the transferte the best of my knowledge and belief,this transfer i= does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature n- Name and MICHAEL G. SZORENYI Y M D C), Address of 36 Broadway,Tillsonburg, Ontario Solicitor Signature 2017 Q (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal S' — no contravention as set out in subclause 50(22)(c)(ii)of the PlanningAct and that to the best of my knowledge and belief this transfer does not c p, , contravene section 50 of the PlanningAct. I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good standing. A t 2 x Name and a�� Address of Date of Signature z Solicitor Y M D u) Signature (15)Assessment Roll Number Cty. Mun. Map Sub. Par. . Fees and Tax of Property z 0 Registration Fee (16)Municipal Address of Property (17)Document Prepared by: w Michael G. Szorenyi D Land Transfer Tax pt of road allowance Gibson Bennett Groom & Szorenyi w Creek Road 36 Broadway E PO Box#5 0 Tillsonburg, Ontario tx 0 N4G 41I3 Total Document prepared usingThe Conveyancer r� tft—'0 ntario Ministry of Finance Property Identifier(s)No. Land Transfer Tax Affidavit 33 King Street West 35332- - 0569 Land Transfer Tax Act PO Box 625 Oshawa ON L1 H 8H9 In the Matter of the Conveyance of(insert brief description of land)Pt lot 11,Conc. 3, south of 11 R-7436 and north of E244178,designated as PART 2,on Plan 11R-10165,Municipality of Bayham,County of Elgin,being all of the pin BY(print names of all transferors in full)THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO(print names of all transferees in full) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM i PAUL ENS,MAYOR have personal knowledge of the facts herein deposed to and Make Oath and Say that: 1.I am(place a clear mark within the square opposite the following paragraph(s)that describe(s)the capacity of the deponents): 0 (a)the transferee named in the above-described conveyance; Z (b)the authorized agent or solicitor acting in this transaction for the transferee(s); ❑ (c)the President,Vice-President,Secretary,Treasurer,Director or Manager authorized to act for THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the transferee(s)); O (d)a transferee and am making this affidavit on my own behalf and on behalf of(insert name of spouse) who is my spouse. n (e)the transferor or an officer authorized to act on behalf of the transferor company and ❑ I am tendering this document for registration and ❑ no tax is payable on registration of this document. 2.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(principal and interest) $ All blanks must (ii)Given back to vendor $ be filled in.Insert (c)Property transferred in exchange(detail below in para.5) $ Nil where (d)Other consideration subject to tax(detail below) $ applicable. (e)Fair market value of the lands(see Instruction 2(c)) $ (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(Total of(a)to(e)) $ 2.00 $ 2.00 (g)Value of all chattels-items of tangible personal property $ (h)Other consideration for transaction not included in(f)or(g)above $ (i) Total Consideration $ 2.00 3(a).To be completed where the value of consideration for the conveyance exceeds$400,000 and the agreement of purchase and sale was entered into on or before November 14,2016. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above-described conveyance: ❑ does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or ❑ contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. ❑ Date on which the agreement of purchase and sale was entered into Note: Subsection 2(1.1)(b)imposes an additional tax at the rate of one-half of one per cent upon the value of the consideration in excess of$400,000.00 for agreements of purchase and sale that were entered into on or before November 14,2016 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 3(b).To be completed where the value of consideration for the conveyance exceeds$2,000,000 and the agreement of purchase and sale was entered into after November 14,2016. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above- described conveyance: ❑ does not contain a single family residence or contains more than two single family residences; O contains at least one and not more than two single family residences;or ❑ contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. ❑ Date on which the agreement of purchase and sale was entered into Note: Subsection 2(1)(b)imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of$2,000,000 for agreements of purchase and sale that were entered into after November 14,2016 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 4.If consideration is nominal,is the land subject to any encumbrance? ❑Yes 0 N 5.Check appropriate box: iThe information prescribed for purposes of section 5.0.1 is required to be provided for this conveyance. A Prescribed information for Purposes of Section 5.0.1 form will be submitted to the Ministry of Finance. he information prescribed for purposes of section 5.0.1 is not required to be pro ide for this conveyance. OWA/CO t1� - er 0 6.Other remarks and explanations,if necessary.TO ESTABLISHAROAD ALLOWANCE Sworn/affirmed before me in the 0LR:.rr rte!Qr4/IzA-r/, �e-boi(LA/e- &Attu-0, ar tad41 this rid da of Odnbe ,r ,20 17 Signature(s) ' p <G� A Commissioner for taki g Affidavits,etc. �//'^^' �) 0449E(2017/04) ©Queen's Printer for Nl GIBBONS,a Commissioner t-ble en francais Page 1 of 3 Deputy Clerk of the Corporation of the Municipality of Bayham Property Information Record A.Describe nature of instrument:TRANSFER For Land Registry Office Use Only B.(i)Address of property being conveyed(if available)CREEK ROAD. MUN. OF BAYHAM Registration No. (ii)Assessment Roll No.(/f available)NOT AVAILABLE Registration Date(Year/Month/Day) C.Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed BOX 160 I I ) I Land Registry Office No. STRAFFORDVILLE D.(i)Registration number for last conveyance of property being conveyed(if available) N/A (ii)Legal description of property conveyed:Same as in D(i)above. ❑Yes 0 No n Not Known E.Name(s)and address(es)of each transferee's solicitor: MICHAEL G. SZORENYI, 36 BROADWAY,TILLSONBURG School Support(Voluntary Election) (See reverse for explanation) Yes No (a)Are all individual transferees Roman Catholic? (b)If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? (c)Do all individual transferees have French Language Education Rights? U ❑ (d)If Yes,do all individual transferees wish to support the French Language School Board(where established)? Note:As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). 0449E(2017/04) Page 2 of 3 rA ll of i ransTer/ueea ®r Lana A. Z- ItTro Ontario Form 1—Land Registration Reform Act S17-321 (1)Registry X Land Titles I (2) Page 1 of pages (3) Property Block Property Additional: Identifier(s) 35332-0569 See Schedule (4)Consideration z TWO Dollars$ 2.00 0 (5)Description This is a: Property Property w Division I Consolidation _ D w Part Lot 11, Concession 3, 1 p south of 11R7436 and North of E244178, New Property Identifiers designated as PART 2, ON PLAN 11R-10165 o Additionae Municipality of Bayham,County of Elgin See Schedule I being all of the PIN. Executions Additional: See Schedule (6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New Easement Additional 1 Fee Simple ContainsPlan/Sketch IXIp Description Parties I I Other (8)Transferor(s)The transferor hereby transfers the land to the transfereeand certifies that the transferor is at least eighteen years old and that Date of Signature Name(s) Signature(s) Y M : D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PER: a � 2017 /0 6.9-- PAUL ENS M• P t. PER: ; i� 2017 w 6.)-- P......„._ . 7 - P.,._ : - CAO e have the authority to bind the Corporation. (9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D (10) Transferor(s)Address Box 160, Straffordville, Ontario for Service (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (12) Transferee(s)Address Box 160, Straffordville, Ontario for Service (13)Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Plandlag. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Date of Signature Date of Signature Y M D Y M D Signature 2017 Signature < Solicitor for Transferor(s)I have explained the efect of section 50 of the Planning4ct to the transferor and I have made inquiries of the transferor to determine z that this transfer does not contravene that section and based on the information supplied by the transfert>sthe best of my knowledge and belief,this transfer O does not contravene that section. I am an Ontario solicitor ingood standing.F Date of Signature a- Name and MICHAEL G. SZORENYI y M D o Address of 36 Broadway,Tillsonburg, Ontario Solicitor Signature 2017 Q (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal c) no contravention as set out in subclause 50(22)(c)(ii)of the PlanningAct and that to the best of my knowledge and belief this transfer does not g 2. z contravene section 50 of the PlanningAct. I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good standing. Cd E. 52� iu c o Name and . t Address of Date of Signature Solicitor Y M D co Signature (15)Assessment Roll Number Cty. Mun. Map Sub. Par. >-J Fees and Tax of Property z O Registration Fee (16)Municipal Address of Property (17)Document Prepared by: w Michael G. Szorenyi D Land Transfer Tax pt of road allowance Gibson Bennett Groom & Szorenyi w Creek Road 36 Broadway i POBox#5 u_ Tillsonburg, Ontario 0 N4G 4113u_ Total Document prepared usingThe Conveyancer t' "Ontaro Ministry of Finance Property Identifier(s)No. Land Transfer Tax Affidavit 33 King Street West PO Box 625 35332- - 0569 Land Transfer Tax Act Oshawa ON L1 H 8H9 In the Matter of the Conveyance of(insert brief description of land)Pt lot 11,Conc. 3, south of 11 R-7436 and north of E244178,designated as PART 2,on Plan 11R-10165,Municipality of Bayham, County of Elgin, being all of the pin BY(print names of all transferors in full)THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO(print names of all transferees in full) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM i PAUL ENS,MAYOR have personal knowledge of the facts herein deposed to and Make Oath and Say that: 1.I am(place a clear mark within the square opposite the following paragraph(s)that describe(s)the capacity of the deponents): El (a)the transferee named in the above-described conveyance; ✓❑ (b)the authorized agent or solicitor acting in this transaction for the transferee(s); Ej (c)the President,Vice-President,Secretary,Treasurer,Director or Manager authorized to act for THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the transferee(s)); O (d)a transferee and am making this affidavit on my own behalf and on behalf of(insert name of spouse) who is my spouse. O (e)the transferor or an officer authorized to act on behalf of the transferor company and 0 I am tendering this document for registration and no tax is payable on registration of this document. 2.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(principal and interest) $ All blanks must (ii)Given back to vendor $ be filled in.Insert (c)Property transferred in exchange(detail below in para.5) $ Nil where (d)Other consideration subject to tax(detail below) $ applicable. (e)Fair market value of the lands(see Instruction 2(c)) $ (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(Total of(a)to(e)) $ 2.00 $ 2.00 (g)Value of all chattels-items of tangible personal property $ (h)Other consideration for transaction not included in(f)or(g)above $ (i) Total Consideration $ 2.00 3(a).To be completed where the value of consideration for the conveyance exceeds$400,000 and the agreement of purchase and sale was entered into on or before November 14,2016. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above-described conveyance: EI does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has ❑ accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. O Date on which the agreement of purchase and sale was entered into Note: Subsection 2(1.1)(b)imposes an additional tax at the rate of one-half of one per cent upon the value of the consideration in excess of$400,000.00 for agreements of purchase and sale that were entered into on or before November 14,2016 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 3(b).To be completed where the value of consideration for the conveyance exceeds$2,000,000 and the agreement of purchase and sale was entered into after November 14,2016. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above- described conveyance: El does not contain a single family residence or contains more than two single family residences; O contains at least one and not more than two single family residences;or contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. ii Date on which the agreement of purchase and sale was entered into Note: Subsection 2(1)(b)imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of$2,000,000 for agreements of purchase and sale that were entered into after November 14,2016 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 1 4.If consideration is nominal,is the land subject to any encumbrance? ❑Yes a No 5.Check appropriate box: O T e information prescribed for purposes of section 5.0.1 is required to be provided for this conveyance. IliPrescribed information for Purposes of Section 5.0.1 form will be submitted to the Ministry of Finance. The information prescribed for purposes of section 5.0.1 is not required to be pro de for this convey nce. vwireks .0e.- Fe' 6.Other remarks and explanations,if necessary.TO ESTABLISHAROAD ALLOWANCE Sworn/affirmed before me in the 04,/..."9-0C 0r4/lciArfiterbal ,c,e,^, z CaC krr/ Pr &bN this d 2 04 day.f �t . ,20 17 Signature(s) A %e ° ' .!1 /. / i s /9tii Comm; o•erfor taking Affixavits,etc. BRENDA GIBBONS,a Commissioner etc. �" G 0449E(2017/04) ©Queen's Printer for Ontario,2017 Deputy Clerk of Astbill5eolifitn the Page 1 of 3 Municipality of Bayham Property Information Record A.Describe nature of instrument:TRANSFER For Land Registry Office Use Only B.(i)Address of property being conveyed(if available)CREEK ROAD. MUN. OF BAYHAM Registration No. (ii)Assessment Roll No.(if available)NOT AVAILABLE Registration Date(Year/Month/Day) C.Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed BOX 160 I I I I Land Registry Office No. STRAFFORDVILLE D.(i)Registration number for last conveyance of property being conveyed(if available) N/A (ii)Legal description of property conveyed:Same as in D(i)above. Yes 0 No ❑J Not Known E.Name(s)and address(es)of each transferee's solicitor: MICHAEL G. SZORENYI, 36 BROADWAY,TILLSONBURG School Support(Voluntary Election) (See reverse for explanation) Yes No (a)Are all individual transferees Roman Catholic? (b)If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? (c)Do all individual transferees have French Language Education Rights? (d)If Yes,do all individual transferees wish to support the French Language School Board(where established)? Note:As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). 0449E(2017/04) Page 2 of 3 '3<lj itr1;__> Ontario Ministry of Finance Property Identifier(s)No. Land Transfer Tax Affil I\nit 33 King Street West 135332- - 0569 Land Transfer Tax Act PO Box 625 Oshawa ON L1 H 8H9 In the Matter of the Conveyance of(insert brief description of land)Pt lot 11,Conc. 3, south of 11R-7436 and north of.E244178,designated as PART 2,on Plan 11R-10165,Municipality of Bayham,County of Elgin,being all of the pin BY(print names of all transferors in full)THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO(print names of all transferees in full) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM i PAUL ENS,MAYOR have personal knowledge of the facts herein deposed to and Make Oath and Say that: 1.I am(place a clear mark within the square opposite the following paragraph(s)that describe(s)the capacity of the deponents): O (a)the transferee named in the above-described conveyance; O (b)the authorized agent or solicitor acting in this transaction for the transferee(s); ❑ (c)the President,Vice-President,Secretary,Treasurer,Director or Manager authorized to act for THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the transferee(s)); ❑ (d)a transferee and am making this affidavit on my own behalf and on behalf of(insert name of spouse) who is my spouse. ❑ (e)the transferor or an officer authorized to act on behalf of the transferor company and 0 I am tendering this document for registration and ❑ no tax is payable on registration of this document. 2.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(principal and interest) $ All blanks must (ii)Given back to vendor $ be filled in.Insert (c)Property transferred in exchange(detail below in para.5) $ Nil where (d)Other consideration subject to tax(detail below) $ applicable. (e)Fair market value of the lands(see Instruction 2(c)) $ (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(Total of(a)to(e)) $ 2.00 $ 2.00 (g)Value of all chattels-items of tangible personal property $ (h)Other consideration for transaction not included in(f)or(g)above $ (i) Total Consideration $ 2.00 3(a).To be completed where the value of consideration for the conveyance exceeds$400,000 and the agreement of purchase and sale was entered into on or before November 14,2016. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above-described conveyance: ❑ does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has ❑ accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. ❑ Date on which the agreement of purchase and sale was entered into Note: Subsection 2(1.1)(6)imposes an additional tax at the rate of one-half of one per cent upon the value of the consideration in excess of$400,000.00 for agreements of purchase and sale that were entered into on or before November 14,2016 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 3(b).To be completed where the value of consideration for the conveyance exceeds$2,000,000 and the agreement of purchase and sale was entered into after November 14,2016. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above- described conveyance: ❑ does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has ❑ accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. ❑ Date on which the agreement of purchase and sale was entered into Note: Subsection 2(1)(b)imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of$2,000,000 for agreements of purchase and sale that were entered into after November 14, 2016 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 4.If consideration is nominal,is the land subject to any encumbrance? ❑Yes 0 No 5.Check appropriate box: ® T e information prescribed for purposes of section 5.0.1 is required to be provided for this conveyance. iivr Prescribed information for Purposes of Section 5.0.1 form will be submitted to the Ministry of Finance. The information prescribed for purposes of section 5.0.1 is not required to be p�r�ovided for this convey . U(.lJl6y��lrlq"'' 66�� � ��yy 6.Other remarks and explanations,if necessary.TO ESTABLISI-I�ROAD ALLOWANCE Sworn/affirmed before me in the 011hwi rf,t:or4rie991 fi)/nalt. eativry or dial this L. el p( day off re hr ,20 17 Signature(s) /— ,� (_ y 4_p / BRENDA GIBBONS d-CuIrrrlissioner,etc. //frta.-&-6iA Com iissioner for taking r ffidavits,etc. ) 0449E(2017/04) ©Queen's Printer for Ontario,2017 Deputy Clerk of the Corpsrationlotithe Page 1 of 3 Municipality of Bayham Property Information Record A.Describe nature of instrument:TRANSFER For Land Registry Office Use Only B.(i)Address of property being conveyed(if available)CREEK ROAD. MUN. OF BAYHAM Registration No. (ii)Assessment Roll No. (ifavailable)NOT AVAILABLE Registration Date(Year/Month/Day) C.Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed BOX 160 I I I I Land Registry Office No. STRAFFORDVILLE D.(i)Registration number for last conveyance of property being conveyed(if available) N/A (ii)Legal description of property conveyed:Same as in D(i)above. Yes ❑No O Not Known E.Name(s)and address(es)of each transferee's solicitor: MICHAEL G. SZORENYI, 36 BROADWAY,TILLSONBURG School Support(Voluntary Election) (See reverse for explanation) Yes No (a)Are all individual transferees Roman Catholic? (b)If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? 0 (c)Do all individual transferees have French Language Education Rights? (d)If Yes,do all individual transferees wish to support the French Language School Board(where established)? Note:As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). • 0449E(2017/04) Page 2 of 3 4 Province Do Process Software • (416)322-6111 7,7z1 �f Document General P" Ontario Form 4—Land Registration Reform Act S17-321 ' 1/ (1)Registry XI Land Titles n (2) Page 1 of pages (3)Property Block Property Identifier(s) 35332 - 0569 Additional: Schedule (4)Nature of Document BY-LAW (5)Consideration >J z O Dollars$ w (6)Description w Part Lot 11, Concession 3, U I u south of 11R-7436 and North of#244178 being designated as PART 2,on Plan 11R-10165 o Municipality of Bayham, County of Elgin Being all of the PIN. New Property Identifiers Additional: See Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement , Additional See Contains: ``'', Schedule Plan/Sketch U Description Parties 1 Other X (8)This Document provides as follows: By-Law 2017-043 attached hereto / C nti ed on Schedule (9)This Document relates to instrument number(s) (10)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PER: ! 2017 t v•• PAUL ENS y.::•".0-001111.11...- PER: .. ' :�'�� PER: /� 2017 l`� a� PAU I � ••Y - K/C O • have the auth a ity to bind the Corporation. (11) Address for Service Box 160, Straffordville, Ontario /(12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D (13) Address for Service /(14)Municipal Address of Property (15)Document Prepared by: } Fees and Tax J Registration Fee Michael G. Szorenyi road allowance- Creek Rd. Gibson Bennett Groom & Szorenyi 36 Broadway Lu PO Box#5 U- 0 Tillsonburg, Ontario N4G 4113 O u_ Total Document prepared usingThe Conveyancer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-043 BEING A BY-LAW TO STOP UP AND CLOSE PART OF THE ROAD ALLOWANCE KNOWN AS CREEK ROAD IN THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN, DESIGNATED AS PARTS 1 AND 2 ON REGISTERED PLAN 11R-10165 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 the Council of the Corporation of the Municipality of Bayham previously directed the closure of Creek Road with By-law No. 2002-064 which lacked an appropriate legal description for registration purposes. 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 that portion of the road allowance known as Creek Road, Registered Plan 11R-10165 Parts 1 and 2 of the Municipality of Bayham, in the County of Elgin is hereby stopped up and closed; 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11); 3. THAT By-law No. 2002-064 shall be repealed in its entirety; 4. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4t'' day of May 2017. /011.19 MAYO �" r\VA of I.JVUU111L111. V1rillefs�l ?/ Ontario Form 4—Land Registration Reform Act S17-321 (1)Registry IXLand Titles I (2) Page 1 of pages (3)Property Block Property Identifier(s) 35332 - 0569 AddSeeitional: Schedule (4)Nature of Document BY-LAW (5)Consideration J z O Dollars$ w Cf) (6)Description Part Lot 11, Concession 3, O o south of 11R-7436 and North of#244178 being designated as PART 2, on Plan 11R-10165 o Municipality of Bayham, County of Elgin Being all of the PIN. New Property Identifiers Additional: See Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement _ Additional See Contains: Schedule I I Plan/Sketch X Description Parties Other X (8)This Document provides as follows: By-Law 2017-043 attached hereto Continued on Schedule fl (9)This Document relates to instrument number(s) — _La; (10)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D TILE CORPORATION OF THE MUNICIPALITY OF I3AYHAIVI PER: G 2017 it) PAUL EN ,MAYOR PER: 2017 A) of PAUL SHIPWAY, CLERK/CAO We have the authority to bind the Corporation. (11) Address for Service Box 160, Straffordville, Ontario (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: >- Fees and Tax J --- Michael G. Szorenyi p Registration Fee w road allowance- Creek Rd. Gibson Bennett Groom & Szorenyi cn 36 Broadway Lu PO Box#5 LL 0 Tillsonburg, Ontario N4G 4113 0 � Notal � Document prepared usingThe Conveyancer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-043 BEING A BY-LAW TO STOP UP AND CLOSE PART OF THE ROAD ALLOWANCE KNOWN AS CREEK ROAD IN THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN, DESIGNATED AS PARTS 1 AND 2 ON REGISTERED PLAN 11R-10165 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 the Council of the Corporation of the Municipality of Bayham previously directed the closure of Creek Road with By-law No. 2002-064 which lacked an appropriate legal description for registration purposes. 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 that portion of the road allowance known as Creek Road, Registered Plan 11 R-10165 Parts 1 and 2 of the Municipality of Bayham, in the County of Elgin is hereby stopped up and closed; 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11); 3. THAT By-law No. 2002-064 shall be repealed in its entirety; 4. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4th day of May 2017. f / MAYO' �`