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By-law No. 1998-097 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 98-97 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY THAT PART OF THE ROAD ALLOWANCE SITUATED BETWEEN PART LOTS 118 AND 119, CONCESSION NORTH TALBOT ROAD AND BETWEEN PART LOTS 10 AND 11, CONCESSION NORTH GORE DESIGNATED AS PART 2 ON REFERENCE PLAN 11R-4810 ANI) TO REPEAL BY-LAW 98-80. WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, Chapter M.45 permits Councils of municipalities to pass by-laws to stop up, close and sell highways; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deemed it expedient to stop up and close and convey that part of the Road Allowance between Part Lots 118 AND 119, Concession North Talbot Road, and between Part Lots 10 and 11, Concession North Gore (Part 2 on Reference Plan 11R-4810) as set out and described in Schedule "A" attached hereto, to the adjoining land owner (Benny and Martha Giesbrecht) and therefore enacted and passed By-law 98-80 on October 1', 1998; AND WHEREAS By-law 98-80 contained an incorrect property description and now it is deemed necessary to repeal By-law 98-80 accordingly. 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 road allowance between Part of Lots 118 and 119, North Talbot Road and between Part Lots 10 and 11, North Gore, designated as Part 2 on Reference Plan 11R-4810 set out and described in Schedule "A" attached hereto and forming part of this By-law be and the same is hereby closed and stopped up. 2. THAT all of that part of the said unopened road allowance herein before described and stopped up shall be conveyed to the adjoining owners Benny and Martha Giesbrecht (Roll No. 004-081-20). 3. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized to sign or execute such deed or other documents as may be necessary to effect conveyances of those parts of the said unopened road allowance described herein and which has been stopped up and closed. 4. THAT By-law 98-80 enacted and passed by the Council of the Corporation of the Municipality of Bayham on October 1s1 , 1998 be and is hereby repealed. 5. THAT this by-law comes info full force and effect upon final passing. 5. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin, No. 11. SCHEDULE "A" To By-law 98-97 The Road Allowance between Part Lots 118 and 119, Concession North Talbot Road, and between Part Lots 10 and 11, Concession North Gore designated as Part 2 on Reference Plan 11R-4810, Geographic Township of Bayham, Municipality of Bayham, County of Elgin. Page 2 By-law No. 98-97 READ A FIRST AND SECOND TIME this 19th day of NOVEMBER, 1998. READ A THIRD TIME AND FINALLY PASSED this 19th day of NOVEMBER, 1998. • 4ti /.. / moi'► icy r milk. MA 6 ' LERK •��- Province Document General Do Process Software Ltd. •• (4i6)322-6111 D of Ontario Form 4—Land Re s Istratlon Reform Act (1)Registry ❑X Land Titles ❑ (2) Page 1 of 4 pages 14-V-4-aC-,k -�-v (3)PropertyBlock PropertyAdditional: ❑Identifier(s) L- See 1 Schedule ti - -) CO (4)Nature of Document 0 `2, -.j Deposit tc) .,:i': 1- (5)Consideration 1 o s ) ct. w t� ; cc Dollars$ rn t7 c`.1c (6)Description w __ .. ? ,.. Part of the Road Allowance situated between Lots 118 and 119, .-:a •,.`l 1 Concession North Talbot Road, and between Part Lots 10 o '`' r.,-) and 11, Concession North Gore designated as PART 2 on Reference 144 Ci Plan 11R-4810, Geographic Township of Bayham, Municipality of o " Bayham, County of Elgin New Property Identifiers Additional: See ❑ Schedule • Executions _ (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement ,__, Additional See El Schedule Plan/Sketch Description ❑ Parties ❑ Other EJ (8)This Document provides as follows: See Schedule Continued 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 - Y M D i, CD.RPQR-TION.OF THE MUNICIPALITY Ptrr. 1998 . 1 OF BAYHAM by its solicitors, Gibson, Ian Redf rd Linton Linton, Toth, Campbell & Bennett (11) Address for Service P. 0. Box 160, Straffordville, Ontario NO3 1YO (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 • (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: r Fees and Tax Ian Redford Linton, w Registration Fee — R. R. #1, GIBSON, LINTON, TOTH, / Eden, Ontario. CAMPBELL & BENNETT w NOJ 1110 36 Broadway,P. 0. Box 5, u_ Tillsonburg, Ontario. c N4G 4H3 o Total Document prepared using Form'C'Ware LandForms AFFIDAVIT IN THE MATTER OF THE MUNICIPAL ACT, R.S.O. 1990, c. M.45, ss. 297 and 300 AND IN THE MATTER OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY- LAW NO. 98-97, ENTITLED A BY-LAW TO STOP UP, CLOSE AND CONVEY THAT PART OF THE ROAD ALLOWANCE SITUATED BETWEEN LOTS 118 AND 119, CONCESSION NORTH TALBOT ROAD AND BETWEEN PART LOTS 10 AND 11, CONCESSION NORTH GORE, DESIGNATED AS PART 2 ON REFERENCE PLAN 11R-4810 (the "Road") AND TO REPEAL BY- LAW 98-80. I, Maureen Beatty, Co-ordinator of Planning and Community Services of the Corporation of the Municipality of Bayham, make oath and say: 1 . That I am the Co-ordinator of Planning and Community Services of the Corporation of the Municipality of Bayham and as such have full knowledge of the facts contained herein. 2. Now produced and shown to me and marked as Exhibit "A" to this my affidavit is a true copy of a notice of the proposed closing and sale of the Road which was published in "The Aylmer Express", a newspaper having a general circulation in the area of the Road, once a week for four consecutive weeks, on the following days: September 9, 1998, September 16, 1998, September 22, 1998 and September 30, 1998. 3. That at a properly constituted meeting of Council held on October 1, 1998, the date upon which the notice hereinbef ore referred to stated that the by-law would be considered, the Council of the Municipality considered the proposed closing and sale of the Road. At the meeting on October 1 , 1998, one individual, Ronald Chatten, of the Hamlet of Straffordville appeared and expressed his opposition to the road closing on the basis that access to the Big Otter Creek would be prohibited at this location. His land does not abut the road allowance as he resides in the Hamlet of Straffordville. Council of the Municipality proceeded to pass By- law No. 98-80 which by-law was intended to sstop up and close the said road allowances. Because of a technical problem with the said by-law, it was subsequently deemed necessary to repeal same and to replace the said By-law 98-80 with By-law 98-97 which was passed on November 19, 1998. 4. The adjoining owners to the west of the said Road are Benny and Martha Giesbrecht. The adjoining owner to the east of the said Road is Dave Klassen who had indicated in writing, prior to the passing of the By-law that he was not interested in obtaining half of the said Road. The said Benny and Martha Giesbrecht were therefore interested in acquiring the entire road allowance and the said By-law so provides. The said Benny and Martha Giesbrecht had also agreed in writing to pay for the said Road by paying the entire cost of advertising and legal fees and disbursements required to complete the transaction. 5. Prior to the passing of the said By-law the County of Elgin had indicated in writing that they had no objection to the by-law to stop up, close and convey this road allowance. Attached hereto and marked Exhibit "B" to this my Affidavit is a true copy of the letter from the County of Elgin dated September 10, 1998. SWORN before me at the Town of Tillsonburg, in the County of Oxford 1 this 27day of Ilexam acr L 199$. Flo ) Maureen Beatty 'o ,' is liner for - ng affida 3. Corporation of the Municipality of Bayham NOTICE OF ROAD CLOSING TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham proposes at its meeting to be held on Thursday, October 1, 1998 at 7:00 p.m. to enact By-law to stop up,.close and sell that part of the toad allowance set out and described as Part of the road allowance between Lots 118 & 119, Concession North Talbot Road and Between Lots 10 & 11, Concession North Gore as shown in the sketch below.A plan may be viewed at the Municpal Office• during regular business hours. Council will hear in person or by counsel,solicitor or agent, any person who claims that their lands will be prejudicially affected and who applies to be heard by call- ing the Municipatl Clerk on or before 4:30 p.m., Friday, September 25th, 1998. Dated this 9th day of September, 1998. Maureen Beatty,AMCT, Co-ordinator of Planning& Community Services, Municipality of Bayham P.O.Box 160, Straffordville, ON NOJ 1Y0(519) 866-5521. , I 111 LOT 10 LST tl MTN CCU I ! • LAT I I J• . • I LOT 111 . r■■1 *IL&I O 8E CLOSID to1 A This is Exhibit:/1 irientiorred ani' referred to in the affidavit of //-2a.61_re er) &cL 11y Sworn befoPc: me this 27'Jyof of r 1 A.D.. I • b, f! ' or, &e F -...Y • MARK G. McDONALD COUNTY ADMINISTRATOR/CLERK �. ee�,.. 1� ►.(C\` 450 SUNSET DRIVE+ ' r `r a ST THOMAS, ONTARIO (Mrs.) SANDRA J. HEFFREN � I�,'„ , �, rr .I rr ,:,3 �.,,�. OEPUTY COUNTY CLERK '�� ,' 1 .•.• 11 4�a'`{""'� cN5R 5V1 ir PHONE (519) 631.1460 / _ .FAX (5191 633-7661 September 10, 1998 O TntV • 1 7 1.JJ:3 + I Ms. Lynda Millard i Clerk/Deputy Treasurer The Municipaluy of Bayham i i.; 14 Plank Road North P.O. Box 160 STRAFFORDVILLE, Ontario NOJ 1Y0 Dear Ms. Millard: The Council of the Corporation of the County of Elgin adopted the following resolution at its September 8th, 1998 meeting: "THAT the Corporation of the County of Elgin has no objection to the Township of Bayham to stop up, close and convey a portion of the road allowance between Lots 118 and 119, Concession North Talbot Road, and between Lots 10 and 11, Concession North Gore. - Carried. (signed) Warden Perry Clutterbuck" This is for your information. Yours truly, I,LYNN S.BUCHNER,Ot311,ADMINISTRATOR MAMA d the Corporation of the Municipality d Bayham certify foregoing is jai c,ei flied true !!opy" Dated ti IL;1_94t -day of k!N_f 7` e Sandra J. Heffren (Mrs.), Deputy Clerk. SJHIdb cc Clayton Watters, Manager, Engineering Services This is Exhibit 1tnentr'oned and re:€rreu :o in the affidavit of /17a a r2 ems? , eez i y Swami before MC this 17 12,12.)? of of A..D. 19 y f +$' 'Am Cn�Y,. • .1..4. DocPriovince Do Process Software Ltd. • (416)322-6111 aroument General D Form 4—Land Re istratIon Reform Act (1)Registry Ei Land Titles 0 (2) Page 1 of 4 pages (3)Property Block Property Identifier(s) Additional: See E3 6 CO i Schedule 1-1 _ (4)Nature of Document T---Iu-) ...'-"A By-Law No. 98-97 of the Corporation of the Municipality of Bayham 1:•-• ....- (Sec. 297 of the Municipal Act, R. S. 0. 1990) • . r— __ >- 1 (6 (5)Consideration _i a) Z i ) cu ..; 0 CO C'-: i) C.: Dollars$ in 0....1 (6)Description '< 1 ._ i 11J • '.• ' Part of the Road Allowance situated between Lots 118 and 119, Concession North Talbot Road, and between Part Lots 10 and 11, Concession North Gore designated as PART 2 on Reference - Plan 11R-4810, Geographic Township of Bayham, Municipality of ce 0 Bayham, County of Elgin LL New Property Identifiers Additional: See Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement r___, i__, Additional i___, See Contains: Schedule 0 Plan/Sketch i___1 Description Li Parties Li Other 111 >s' (8)This Document provides as follows: Certified copy of By-Law Number 98-97 attached. I Continued on Schedule 1=1 (9)This Document relates to instrument number(s) (10)Party(ies) (Set out Status or Interest) Name(s) Signatur s) Date of Signature . Y M CD CORPQRATIONDF THE MUNICIPALITY Pff• . 199$ 11 26 OF BAYHAM by its solicitors, Gibson, I..- '.edfo i Linton Linton, Toth, Campbell & Bennett (11) Address for Service P. 0. Box 160, Straffordville, Ontario NOJ 1Y0 (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 (13) Address for Service I I (14)Municipal Address of Property (15)Document Prepared by: >- Fees and Tax _J z Ian Redford Linton, 0 Registration Fee u., R. R. #1, GIBSON, LINTON, TOTH, ../ co 0 Eden, Ontario. CAMPBELL & BENNETT w o NOJ 1H0 36 Broadway, P, 0. Box 5, u_ o Tillsonburg, Ontario. rt _ N4G 4H3 o A. Total ) Document prepared using F o r m 1 Wa re LandForms CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 98-97 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY THAT PART OF THE ROAD ALLOWANCE SITUATED BETWEEN PART LOTS 118 AND 119, CONCESSION NORTH TALBOT ROAD AND BETWEEN PART LOTS 10 AND 11, CONCESSION NORTH GORE DESIGNATED AS PART 2 ON REFERENCE PLAN 11R-4810 AND TO REPEAL BY-LAW 98-80. WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, Chapter M.45 permits Councils of municipalities to pass by-laws to stop up, close and sell highways; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deemed it expedient to stop up and close and convey that part of the Road Allowance between Part Lots 118 AND 119, Concession North Talbot Road, and between Part Lots 10 and 11, Concession North Gore (Part 2 on Reference Plan 11R-4810) as set out and described in Schedule "A" attached hereto, to the adjoining land owner (Benny and Martha Giesbrecht) and therefore enacted and passed By-law 98-80 on October 1g, 1998; AND WHEREAS By-law 98-80 contained an incorrect property description and now it is deemed necessary to repeal By-law 98-80 accordingly. 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 road allowance between Part of Lots 118 and 119, North Talbot Road and between Part Lots 10 and 11, North Gore, designated as Part 2 on Reference Plan 11R-4810 set out and described in Schedule "A" attached hereto and forming part of this By-law be and the same is hereby closed and stopped up. 2. THAT all of that part of the said unopened road allowance herein before described and stopped up shall be conveyed to the adjoining owners Benny and Martha Giesbrecht (Roll No. 004-081-20). 3. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized to sign or execute such deed or other documents as may be necessary to effect conveyances of those parts of the said unopened road allowance described herein and which has been stopped up and closed. 4. THAT By-law 98-80 enacted and passed by the Council of the Corporation of the Municipality of Bayham on October 1' , 1998 be and is hereby repealed. 5. THAT this by-law comes info full force and effect upon final passing. 5. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin, No. 11. SCHEDULE "A" To By-law 98-97 The Road Allowance between Part Lots 118 and 119, Concession North Talbot Road, and between Part Lots 10 and 11, Concession North Gore designated as Part 2 on Reference Plan 11R-4810, Geographic Township of Bayham, Municipality of Bayham, County of Elgin. Page 2 By-law No. 98-97 READ A FIRST AND SECOND TIME this 19th day of NOVEMBER, 1998. READ A THIRD TIME AND FINALLY PASSED this 19th day of NOVEMBER, 1998. eja MA • LERK I,LYNN S.BUCHNER,CGA,ADMNtSTRATOR TREASURER of the Ca7.craton of the Municipality of i a h n3 certify the forcing is a certified true Dated this.,day of 4 - -i , ! province Transfer/Deed of Land Do Process Software Ltd. (416)322-6111 of A Ontario Form 1—Land Registration Reform Act (1) Registry Q Land Titles ❑ (2) Page 1 of 2 pages C'7 I : ,_- (3) Property Block Property CO .: c , Identifier(s) Additional: 'y See ❑ LI) __ t--{ '`-5 c Schedule `4 -c (4)Consideration One Thousand Five Hundred >- ,...: ;rte v, 1Z __ J c Dollars$ 1,500.00 JO -. C.t i L:_. w •- c\.l (5)Description This is a: Property Property Lo,• ., }i,� Division ❑ Consolidation ❑X Part of the Road Allowance situated between Lots 118 and 119, v Concession North Talbot Road and Part of the Road Allowance between Dpi �' Lots 10 and 11, Concession North Gore, designated as PART 2 on O m New Properly Identifiers Reference Plan 11R-4810, Geographic Township of Bayha , aAdditional: ❑ Municipality of Bayham, County of Elgin. ee Schedule Executions Additional: See Schedule El (6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New EasementAdditional Fee Simple Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑ (8)Transferor(s)The transferor hereby transfers the land to the transferee ancixoectictex]Caa lt]e]¢sttlgotcl+saatiai garemaa/14ariartnat • Date of Signature Name(s) Signature(s) Z,c," -±-{ Y M ; D COR.PORATION.OF.THE.MUNIC. PALIT.Y Per; f 2-(2-= ....---c-4.,._ _ 1998 �:l.- 1 C2 OF BAYHAM s vv, T .Ar m.&vG `_r r Per ''- __ 1998 .B .3(3 r. G y, SA n7/LLA/ , CLE fze (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 P. O. Box 160, Straffordville, Ontario NOJ 1YO for Service (11)Transferee(s) Date of Birth Y M 0 GIESBRECHT, Benny 1965 ;11 28 GIESBRECHT,Martha 1968 t10 01 as Joint Tenants (12) Transferee(s)Address R. R. #1, Eden, Ontario NOJ 1HO 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 Planning Act. CORPORATION OF THE MUNICIPALITY OF BAYJIAM Date of Signature Date of Signature Y M D Y M D Signature , 1998 11 Signature < Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to determine O that this transfer does riot contravene that section and based on the Information supplied by the transferor,to the best of my knowledge and belief,this transfer F=- does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature °- Name and lan Redford Linton , Y r D Address of 36 BroadwayP. 0. Box 5, Tillsonburg, 1298 Q Solicitor Ontario., N4G 4H3 Signature11 rn (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 no contravention as set out In subclause 50 (22) (c) (ii)of the Planning Act and that to the best of my knowledge and belief this transfer does not c n . contravene section 50 of the Planning Act I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. dro a `may O:N`� Name and god �.2 Address of Date of Signature Solicitor Y M 0 tn Signature (15)Assessment Roll Number Cty Mun. Map Sub. Par. r Fees and Tax of Property not assigned z 50 e 0 Registration Fee (16) Municipal Address of Property (17)Document Prepared by: w �} Ian Redford Linton j Land Transfer Tax 1 b R. R. #1, GIBSON,LINTON,TOTH,CAMPBELL Lli Eden, Ontario. & BENNETT u_ NOJ 1HO 36 Broadway, P. O. Box 5, / o Tillsonburg, Ontario. i N4G 4H3 Total I Document prepared using Form'L'War*LandForms (416)322-6111 Page 2 Affidavit of Residence and of Value of the Consideration Form 1 — Land Transfer Tax Ac ,n reverse side, ,-1E „ THE CONVEYANCE OF arisen bdefdescription o1land) Part of the Road Allowance situated ,ween 1.,t,..s 118 and 119. Concession North Talbot Road and Part of the Road Allowance between Lots 10 and IL Concession North Gore.designated as PART 2 on Reference Plan 11R-4810.Geographic Township of Bayhalm 1W (print names of all transferors In fell)-_Corporation of The Municipality of Bayham TO (see instruction I and print names of all transferees In Hili) Ben y Giesbrecht and Martha Giesbrecht 1, (see instruction 2 and print name(s)In full) Ian Redford Linton MAKE OATH AND SAY THAT: 1, I am(place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)):(see Instruction 2) 0 (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; El (b) A trustee namedinthe above-described conveyance to whom the land Is being conveyed; ❑ (c) A transferee named in the above-described conveyance; 0 (d) The authorized agent or solicitor acting in this transaction for(Insen names)ofprincipaf(s))_Benny Giesbrecht and Martha Giesbrcht described in paragraph(s) %, 0i), (c) above;(strike out references to inapplicable paragrap El (e) The President,Vice-President,Manager,Secretary,Director or Treasurer(Insert name(s)of corporation(s)) described in paragraph(s) (a), (b), (c) above;(strike out references to inapplicable paragrap 0 (f) A transferee described in paragraph( ) (insert only one of paragraph(a),(b)or(c)above,as applicable)and am making this affidavit on my own behalf and behalf of(insert name of spouse) who is my spouse describ in paragraph( ) (insert only one of paragraph(a),(b)or(c)above,as applicable) and as such,i have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act. The land conveyed in the above-described conveyor contains at feast one and not more than two single family residences. Note:Clause 2(1)(d)imposes an additional tax at the rate of one-halt of one 1 does not contain a single family residence, cent upon the value of consideration In excess of$400,000 where the conveyai contains more than two single family residences. (see instruction 3) contains at least one and not more than two single family residences. 3. I have read and considered the definitions of 'non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the , and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance Is a"non-resident corporate or a"non-resident person"as set out in the Act. (see Instructions iand 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION iS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash $ ],500.00 (b) Mortgages(i)Assumed(show principal and interest to be credited against purchase price) , $ Nil (ii)Given back to vendor .$ Nil (c) Property transferred in exchange(detail below) .$ Nil All Bir (d)Securities transferred to the value of(detail below) .$ NilMust (e)Liens,legacies, annuities and maintenance charges to which transfer is subject . , .$ Nil Filled (f)Other valuable consideration subject to land transfer tax(derail below) . . , . -$ Nil insert (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Whs LAND TRANSFER TAX (Total of(a)to(1)) $ 1,500.00$ 1,500.00 (h) VALUE OF ALL CHATTELS —items of tangible personal property Appi (Retalf Safes Tax is payable on the value of all chattels unless exempt under Nilthe provisions of the"Retail Sales Tax Act",R.S.O.1985,0.454,as amended) . , . -$ (i)Other consideration for transaction not Included in(g)or(h)above . . , . .$ Nil (9 TOTAL CONSIDERATION ,$ 1,500.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 6) n/a 6. if the consideration is nominal,is the land subject to any encumbrance? Ilia 7. Other remarks and explanations,if necessary. nla Sworn before me at the Town of'I'illsonburg in the County of Oxford this gZ ) day of December 19 _ ...f0;°°. MARSH is VOA. a Commissioner,ctc., -12 ,...-0/..4., J _ 1 /G of r ;for Gibson,Linton,Toth,Campbell& C)//�G' VVV f-:-,nn!,Barristers and So!ic tors. •n Redford lritOt A Commi sinner for taking Affidavits,etc. t• ::_s Fch.,�rl 9,1999. s gnsture(s) Property Information Record For Land Registry Office Ust A. Describe nature of instrument: Transfer/Deed of Land Registration No. B. (i)Address of property being conveyed(if available) R. R. #1, Eden, Ontario.,NOJ 1HO (ii)Assessment Roll No.(it available) C, Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed(see instruction 7) R. R. #1,Eden, Ontario NOJ 1HO 'Registration Date Land Regi D. (i)Registration number for last conveyance of property being conveyed(if available) (ii)Legal description of property conveyed: Same as In D.(i)above, Yes 0 No 0 Not known 0 E. Name(s) and address(es) of each transferee's solicitor Ian Redford_Linton, GIBSON,LINTON,TOTH, CAMPBELL, & BENNETT II ' :, Oi1tario,.1MG 413 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes 0 No 0 (b) If Yes,do all Individual transferees wish to be Roman Catholic Separate School Supporters? Yes 0 No❑ (c) Do ail individual transferees have French Language Education Rights? Yes❑ No❑ ""^. on all individual transferees wish to support the French Language School Board(where established)? Yes 0 No L__! • -^-r'On he assioned to the French Public School Board or Sector unless otherwise directed in(a)a,, April 5, 2000 Mr. Ian Linton Gibson, Linton, Toth, Campbell &Bennett Banisters& Solicitors 36 Broadway,P.O. Box 5 Tillsonburg, ON N4G 4H3 Dear Mr. Linton RE: Road Closure and Conveyance to Ben & Martha Giesbrecht—Pt. 2, 11R-4810,By-law No. 98-97 In response to your letter of March 7th, 2000, as requested, enclosed are two copies of the rectification deeds duly executed by the Mayor and Clerk Yours truly, Maureen Beatty, AMCT Co-ordinator of Planning/Deputy Clerk File: T09 L2000-21 Giesbrecht GIBSON, LINTON, TOTH, CAMPBELL & BENNETT Barristers and Solicitors 36 BROADWAY, P. 0. BOX 5 TILLSONBURG, ONTARIO N4G 4H3 DONALD M.GIBSON,Q.C.0928-1994/ IAN R.LINTON,Q.C. BERNARD TOTH,Q.C. SCOTT K.CAMPBELL TEL:(5181 842-3658 D.BRADLEY BENNETT FAX:1519)842.5001 March 7, 2000 MUNICIPALITY IF :'INAM • APPROVED FILE „a MAR - 9MOO Q Council DO* Municipality of Bayham, ©Trasumr DON P. 0. Box 160, D Road Supedgendwil Straffordville, Ontario. C!eilSr NOJ 1Y0 Attention: Maureen Beatty Dear Sirs: RE: Road Closure and Conveyance to Ben & Martha Giesbrecht - PT. 2, 11R-4810, By-law No. 98-97 We have now obtained the consent of the Ministry to this by-law and the approved by-law has been registered as Instrument 399463. We enclose a copy of the registered document and you will see the Ministry approval endorsed on Page 3. It would be better to have a rectification deed completed in favour of Giesbrecht although it may not be necessary. Accordingly we enclose the rectification deed in duplicate and would request th. •• arrange to have it signed and returned to us. Yours tr -, IAN R. LINT• . IRL/dp Encs. Ministry of Ministere des Municipal Affairs Affaires municipales `(j( Ontario and Housing et du Logement Provincial Planning and Direction des services provinciaux pour Environmental Services Branch I'amenagement et I'environnement 777 Bay St 14th Fir 777,rue Bay 14e etage Toronto ON M5G 2E5 Toronto ON M5G 2E5 *kik WWII Of WIWI ,IPPROVED .� February 07, 2000 FILE_ FEB 2 1 2000 O Counca ❑Clerk Lynda Millard ©Treassur& 0'C; Clerk-Deputy Treasurer ❑F:Oad S : °r Bayham/Port Burwell/Vienna ©a"sr PO Box 160 Straffordville ON NOJ 1Y0 Re: Road Adjustment Application BayhamlPort BurwellNienna TP Part Lots 118&119, Concession North Talbot Road,designated as Part 2 11R-4810 Applicant: Gibson, Linton,Toth, Campobell&Bennett This is to acknowledge that the Provincial Planning and Environmental Services Branch has received the above noted application. Case number: Associated files: 34-RA-001-98-97 N/A Please refer any comments/concerns to: David Sit Area Planner Provincial Planning and Environmental Services Branch (416) 585-6059 ' t, Province Do Process Software Ltd. •• (416)322-6111 ice. of Transfer/Deed of Land - Ontario form 1—Land Registration Reform Act i (1)Registry X❑ Land Titles El (2) Page 1 of 3 pages (3) Property Block Property Identifier(s) Additional: ❑ See Schedule (4)Consideration r z TWO Dollars 2.00 40 EU (5)Description This is a: Property Property cO Division ❑ Consolidation El u' Part of the Road Allowance situated between Lots 118 and 119, Concession North Talbot Road and Part of the Road Allowance between Lots 10 and 11, Concession North Gore, designated as PART 2 on ct New Property identifiers Reference Plan 11R-4810, Geographic Township of Bayham, 0 Additional ei°°nal ❑ Municipality of Bayham, County of Elgin. Schedule Executions I Additional: 1 see El (6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains El Plan/Sketch ❑ Description ❑ Parties ❑ Other El (8)Transferor(s)The transferor hereby transfers the land to the transferee antkotIdiftesittatibLetfixostexxlgratIoastcalgbiratteXemaintlaTiltbatri Date of Signature Name(s) Signature(s i Y M D CQR QRATJQN.OF"HEE MUNICIPALITY Per; 4 - o 2000 03 al OF BAYHAM Max S ewart, :yor Pcr=-- • . d-�- 2¢00 93 a.7 Lynda Millard, Clerk (8) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y D 4. (10) Transferor(s)Address P. O. Box 160, Straffordville, k. for Service Ontario NOJ 1110 f(11)Transferee(s) Date of Birth Y M D GIESBRECHT,Benny 1965 11 28 GIE$BRECHT,Martha 1968 10 01 as Joint Tenants r { (12) Transferee(s)Address R. R. #1 Eden k. for Service , , Ontario NOJ 1 H0 r (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 Planning Act, Date of Signature Date of Signature Y M D Y M D Signature Signature , < Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made Inquiries of the transferor to determine z0 that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and belief,this transfer F: does O Name not contravene that section.I am an Ontario solicitor in good standing. Date of Signature anAddress of Nf t Solicitor Signature < (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 7, no contravention as set out In subclause 50(22) (c) (ii)of the Planning Act and that to the best of my knowledge and belief this transfer does not E ,r contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. A! E I si-N $m Name and 4b'5 Address of Date of Signature 15 Solicitor Y M D Signature I c.16 Assessment Roll Number Cty. Mun. Map Sub. Par. ( ) r Fees and Tax of Property not assigned z (16)Municipal Address of Property (17)Document Prepared by: 0 Registration Fee Ian Redford Linton j Land Transfer Tax R. R. 41, GIBSON,LINTON,TOTH,CAMPBELL w Eden, Ontario. & BENNETT NOJ 1HO 36 Broadway, P. 0. Box 5, p Tillsonburg, Ontario. CC o N4G 4H3 Total Document prepared using Forrnt'Ware LendForms Province Schedule Do Process Software Ltd. • (416)322-6111 Onlarlo Form 5—Land Registration Reform ActPage 2 'Additional Property identifier(s)and/or Other Information 6(b) RECITALS: WHEREAS the herein described lands were conveyed from the Transferor to the Transferees by Deed registered December 22, 1998 as Instrument No. 390563. AND WHEREAS the said Deed followed the passing of By-law No. 98-97 of the Transferor which closed the road allowance referred to in the said By-law being the lands herein described. AND WHEREAS the said By-law had not received the approval of the Ministry of Municipal Affairs and Housing pursuant to Section 297 (3) of the Municipal Act at the time of the said deed. AND WHEREAS the approval of the said Ministry was subsequently obtained and a further original copy of the said By-law with the Ministry approval endorsed thereon was registered on March 3, 2000 as Instrument No. 399463. AND WHEREAS this deed is given for the purpose of clarifying and confirming the title of the Transferees to the lands herein described. LL2 0 0 OW Document prepared using Formt'Ware LandFarma Do P1-Jcess Software Ltd. • (410)322-6111 page 3 Affidavit of Residence and of Value of the Consideration Refer(O all instructions on reverse side, Form 1 — Land Transfer Tax Act IN THE MATTER OF THE CONVEYANCE OF (7nsertbriefdescriptionofland) Part of the Road Allowance between Lots 118 & 119, Concession North Talbot Road &Part of the Road Allowance between.Lots 10 & 11, Concession North Gore, '.1. . t , ' : t : • ' 1 t . t : I • t r , i 4't t : , tam, Municipality of Bayham. County of Elgin. BY (print names of all transferors In full) Corporation Of The Municipality of Bayham TO (see instruction I and print names of all transferees in full) Benny Giesbrecht and Martha Gies_brecht I, (see instruction 2 and print name(s)In full) Ian Redford Linton MAKE OATH AND SAY THAT: 1, I am(place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)):(see Instruction 2) (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; X (d) The authorized agent or solicitor acting In this transaction for(lnsen name(s)of principai(s)) Benny Giesbrecht and Martha Giesbrecht described in paragraph(s) ail), , (c) above;(strike our references to inapplicable paragraphs) 0 (e) The President, Vice-President,Manager,Secretary,Director or Treasurer(nsertname(s)ofcorporadon(s)) _described in paragraph(s) (a), (b), (c) above;(strike ow references to Inapplicable paragraphs) Li (f) A transferee described In paragraph( ) (insert only one of paragraph(a),(b)or(c)above,as applicable)and am making this affidavit on my own behalf and on behalf of(Insert name of spouse) who is my spouse described in paragraph( ) (insert only one of paragraph(a),(Nor(c)above,as applicable) and as such,I have personal knowledge of the facts herein deposed to. 2. (To be completed Where the value of the consideration for the conveyance exceeds 1400,000). I have read and considered the definition of"single family residence" set out in clause 1(1)(ja)of the Act. The land conveyed in the above-described conveyance contains at least one and not more than two single family residences, Note:Clause 2(1)(8) imposes an additional tax at the rate of one-half of one per does not contain a single family residence. cent upon the value of consideration in excess of$400,000 where the conveyance contains more than two single family residences. (see Instruction a) contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land Is being conveyed in the above-described conveyance is a "non-resident corporation" or a"non-resident person"as set out In the Act. (see instructions 4 and 5) None 4, 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(show principal and interest to be credited against purchase price) $ Nil (ii)Given back to vendor $ N11 (c)Property transferred in exchange(detail below) $ Nil All Blanks (d)Securities transferred to the value of(detail below) $ Nil Must Be (e)Liens, legacies, annuities and maintenance charges to which transfer is subject •$ Nil Filled In. (I)Other valuable consideration subject to land transfer tax(detail below) . . . . .$ Nil insert"Nil" (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Where LAND TRANSFER TAX (Total of(a)to(i)) .$ 2.0Q$ 2.00 (h) VALUE OF ALL CHATTELS —items of tangible personal property Applicable (Retail Sales Tax is payable on the value of all chattels unless exempt under Ni] the provisions of the"Retail Sales Tax Act",R.S.O,1980,c.454,as amended) . . . .$ (i)Other consideration for transaction not Included in(g)or(h)above . . . . .$ Nil (j) TOTAL CONSIDERATION . . . . ,$ 2.00 5. if consideration Is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 4) Deed given for the purpose of clarifying and confirming thejitle of the Transferees to lands herein described. 6. If the consideration is nominal,is the land subject to any encumbrance? no 7. Other remarks and explanations,if necessary, n/a Sworn before me at the Town of Tillsonburg in the County of Oxford this day of March 2000 Ian Redford Linton gnattrre(a) A Commissioner for taking Affidavits,etc. Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer/Deed of Land Registration No. B. (i)Address of property being conveyed(if available) R. R. #1, Ellen, Ontario.,NOJ 1HO (ii)Assessment Roll No. Cd available) C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed(see Instruction 7) R. R. #1,Eden, Ontario NOJ 1HO Registration Date Land Registry Office No. D. (I)Registration number for last conveyance of property being conveyed(ifave:fable) 390563 (ii)Legal description of property conveyed: Same as in D.(i)above, Yes Ei No 0 Nol known p E. Name(s) and address(es) of each transferee's solicitor Ian Redford Linton,GIBSON,LINTON,TOTH. CAMPBELL, & BENNETT 36 Broadway,P. O. Box 5, Tillsonburg, Ontario.,N4G 4I13 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes 0 No 0 (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes El No El (c) Do all individual transferees have French Language Education Rights? Yes El No LI (d) If Yes,do all individual transferees wish to support the French Language School Board (where established)7 Yes❑ No NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 54490(10-05)