Loading...
HomeMy WebLinkAboutBy-law No. 2021-003THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2021-003 BEING A BY-LAW TO CONVEY PART OF THE UNOPENED ROAD ALLOWANCE KNOWN AS CREEK ROAD, SPECIFICALLY KNOWN AS PLAN 11 R-10165, PARTS 1 & 2, PLAN 11 R-10677, PART 1 AND PLAN 11 R-10678 PARTS 1 & 2 OF THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN 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 Municipality of Bayham passed By-law 2017-043, closing Parts 1 & 2 on 11 R10165; AND WHEREAS the Municipality of Bayham passed By-law 2021-002, closing Part 1 11 R10677 & Parts 1 & 2 11 R10678 THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT upon and after the passing of this By-law and full payment of applicable fees by the proponents, that the portion of the unopened road allowances known as Creek Road, specifically known as Plan 11 R-10165, Parts 1 & 2, Plan 11 R-10677, PART 1 and Plan 11 R- 10678 Parts 1 & 2 of the Municipality of Bayham, in the County of Elgin, is hereby conveyed, in the as is, where is condition, as follows: a. Plan 11 R-10165 Part 2 and Plan 11 R-1-678, Parts 1 & 2 to 1498855 Ontario Inc. b. Plan 11 R-10165 Part 1 and Plan 11 R-10677, Part 1 to Rob Thompson & Donna Sykes 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 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, THIRD TIME AND FINALLY PASSED TIME this 21st day of JANUARY 2021. MAYOR T CLERK Properties PIN 35332 - 0668 LT Affects Part of Prop Description PART RDAL BTN LT 10 AND LT 11 CON 3 BAYHAM, BEING PT 1 11R10165 & PT 1 11R10677; MUNICIPALITY OF BAYHAM Address VIENNA PIN 35332 - 0255 LT Affects Part of Prop Description PART OF BLOCK F, PLAN 54 BAYHAM, BEING PT 1 11R10678; MUNICIPALITY OF BAYHAM Address VIENNA PIN 35332 - 0575 LT Affects Part of Prop Description PART OF CREEK RD, PLAN 54 BAYHAM, BEING PT 2 11R10678; MUNICIPALITY OF BAYHAM Address VIENNA Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 This document is being authorized by a municipal corporation EDWARD KETCHABAW (Mayor) & MARGARET UNDERHILL (Deputy Clerk). This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-law See Schedules. Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 Tillsonburg N4G 4H3 acting for Applicant(s) Signed 2021 03 05 Tel 519-842-3658 Fax 519-842-5001 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 Tillsonburg N4G 4H3 2021 03 05 Tel 519-842-3658 Fax 519-842-5001 Fees/Taxes/Payment Statutory Registration Fee $65.30 Total Paid $65.30 File Number Applicant Client File Number :S20-703 LRO # 11 Application To Register Bylaw Receipted as CT193885 on 2021 03 05 at 14:55 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 1 of 2 Properties PIN 35332 - 0668 LT Description PART RDAL BTN LT 10 AND LT 11 CON 3 BAYHAM; RDAL BTN LT 10 AND LT 11 CON 4 BAYHAM AKA CREEK RD BTN VIENNA LINE AND CALTON LINE; (BY-LAW CT181019, STOP UP AND CLOSED PART 1 PLAN 11R-10165); MUNICIPALITY OF BAYHAM Address VIENNA Applicant(s) Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation EDWARD KETCHABAW (Mayor) & MARGARET UNDERHILL (Deputy Clerk). This transaction is not subject to any writs of execution. Execution search(s) completed on 2021/03/05. Clear execution Number(s) PUBLIC AUTHORITY HAVING JURISDICTION - 41538114-6118424B. I MICHAEL G. SZORENYI confirm the appropriate party(ies) were searched. Statements I THE CORPORATION OF THE MUNICIPALITY OF BAYHAM having a legal interest in the lands hereby apply under section 71 of the Land Titles Act to have the register for the said PIN amended by: AMENDING THE OWNERSHIP TO SHOW THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AS REGISTERED OWNER I MICHAEL G. SZORENYI solicitor make the following law statement The subject land is a road as defined by Section 26 of the Municipal Act, 2001. The Municipality has jurisdiction by Section 28 of the Municipal Act, 2001. The Municipality has ownership of the lands by Section 30 of the Municipal Act, 2001.. Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 Tillsonburg N4G 4H3 acting for Applicant(s) Signed 2021 03 05 Tel 519-842-3658 Fax 519-842-5001 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 Tillsonburg N4G 4H3 2021 03 05 Tel 519-842-3658 Fax 519-842-5001 Fees/Taxes/Payment Statutory Registration Fee $65.30 Total Paid $65.30 LRO # 11 Application (General)Receipted as CT193883 on 2021 03 05 at 14:55 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 1 of 1 Properties PIN 35332 - 0668 LT Interest/Estate Fee Simple Redescription Description PART RDAL BTN LT 10 AND LT 11 CON 3 BAYHAM, BEING PT 1 11R10165 & PT 1 11R10677; MUNICIPALITY OF BAYHAM Address VIENNA Consideration Consideration $14,741.21 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation EDWARD KETCHABAW (Mayor) & MARGARET UNDERHILL (Deputy Clerk). Transferee(s)Capacity Share Name THOMPSON, ROBERT JASON Joint Tenants Date of Birth 1973 12 13 Address for Service 6475 Creek Road Vienna, ON N0J 1Z0 Name SYKES, DONNA LEANNE Joint Tenants Date of Birth 1975 11 26 Address for Service 6475 Creek Road Vienna, ON N0J 1Z0 Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 Tillsonburg N4G 4H3 acting for Transferor(s) Signed 2021 03 17 Tel 519-842-3658 Fax 519-842-5001 I am the solicitor for the transferor(s) and the transferee(s) and this transfer is being completed in accordance with my professional standards. I 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 Tillsonburg N4G 4H3 acting for Transferee(s) Signed 2021 03 17 Tel 519-842-3658 Fax 519-842-5001 I am the solicitor for the transferor(s) and the transferee(s) and this transfer is being completed in accordance with my professional standards. I have the authority to sign and register the document on behalf of all parties to the document. Submitted By GIBSON BENNETT GROOM & SZORENYI 36 Broadway, Box 5 Tillsonburg N4G 4H3 2021 03 17 Tel 519-842-3658 Fax 519-842-5001 Fees/Taxes/Payment Statutory Registration Fee $65.30 Provincial Land Transfer Tax $73.71 Total Paid $139.01 LRO # 11 Transfer Receipted as CT194444 on 2021 03 17 at 16:47 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 1 of 3 File Number Transferor Client File Number :S20-703 Transferee Client File Number :S21-074 LRO # 11 Transfer Receipted as CT194444 on 2021 03 17 at 16:47 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 2 of 3 In the matter of the conveyance of:35332 - 0668 PART RDAL BTN LT 10 AND LT 11 CON 3 BAYHAM, BEING PT 1 11R10165 & PT 1 11R10677; MUNICIPALITY OF BAYHAM BY:THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO:THOMPSON, ROBERT JASON Joint Tenants SYKES, DONNA LEANNE Joint Tenants 1. THOMPSON, ROBERT JASON AND SYKES, DONNA LEANNE 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 _____ described in paragraph(s) (_) above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _____ described in paragraph(s) (_) 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 (_) 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 $14,741.21 (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))$14,741.21 (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 $14,741.21 6.Other remarks and explanations, if necessary. 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity", "foreign national", "specified region" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (a) This is not a conveyance of land that is located within the "specified region". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferee(s) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument:Transfer LRO 11 Registration No.CT194444 Date:2021/03/17 B. Property(s):PIN 35332 - 0668 Address VIENNA Assessment Roll No - C. Address for Service:6475 Creek Road Vienna, ON N0J 1Z0 D. (i) Last Conveyance(s):PIN 35332 -0668 Registration No. (ii) Legal Description for Property Conveyed: Same as in last conveyance?Yes No Not known E. Tax Statements Prepared By:Michael George Charles Szorenyi 36 Broadway, Box 5 Tillsonburg N4G 4H3 LAND TRANSFER TAX STATEMENTS