HomeMy WebLinkAboutBy-law No. 2000-045 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2000-45
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN
AGREEMENT OF PURCHASE AND SALE WITH MATHEW
A. SCHAFER LIMITED AND MATHEW A. SCHAFER
WHEREAS Section 191 (1) of the Municipal Act, R.S.O. 1990 Chapter M.45 as amended
authorizes municipalities to pass by-laws for acquiring or expropriating any land required for the
purposes of the corporation, and for erecting and repairing buildings thereon, and for making
additions to or alterations of such buildings, and may sell or otherwise dispose of the same when no
longer required;
AND WHEREAS the Council of the Municipality of Bayham is desirous of acquiring real
property located in Part of Lot 128,NTR, in the former Township of Bayham, now Municipality of
Bayham, designated as Part 1 on Plan 11R-7270, for the purpose of the corporation, together with a
temporary easement for construction purposes over Part 2 on Plan 11R-7270, for a sum of fifteen
thousand dollars($15,000.00),plus legal fees and applicable taxes.
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the
Agreement of Purchase and Sale by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the
Agreement of Purchase and Sale with Mathew A. Schafer Limited and Mathew A. Schafer,
attached hereto and forming part of this By-law and marked as Schedule "A", being an
agreement to provide for the purchase of real property described as Part of Lot 128,NTR, in
the former Township of Bayham, now Municipality of Bayham, designated as Part 1 on
Plan 11R-7270, together with a temporary easement for construction purposes over Part 2
on Plan 11R-7270, and the Mayor and Clerk be and they are hereby further authorized to
execute all additional documents necessary to complete this acquisition.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 411.1 DAY
OF MAY,2000
1. ,.�
MAY C ERIC
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
PURCHASER,The Corporation of the Municipality of Bayham agrees to purchase from
(Full legal names of all Purchasers)
VENDOR, Mathew A. Schafer Limited and Mathew A. Schafer. the following
(Full legal names of all Vendors)
REAL PROPERTY:
Address: fronting on the....north. . . . side of Heritage Lane (Talbot Road County Road No. 38)
in the Municipality of Bayham, (Geographic Township of Bayham) being Part of Lot 128, NTR
and having a frontage of 10 metres more or less by a depth of 10 metres more or less and legally described as
being PART 1 according to Reference Plan 11R-7270, together with a temporary easement for construction
purposes over PART 2 according to said Plan 11 R-7270, to run for a period of one year or such extended period
of time as the Purchaser may, by notice in writing, advise the Vendor is necessary to complete the construction
of the sewage works project.
(the"property").
(Legal description of land including easements)
PURCHASE PRICE: Fifteen Thousand Dollars(CDN$ 15,000.00)
DEPOSIT:
Purchaser submits NIL Dollars(CDN$)
(Herewith/Upon acceptance)
cash or negotiable cheque payable to to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion.Purchaser agrees to pay the balance as follows:
The entire purchase price subject to any adjustments shall become due and payable on the closing date which is
June 1, 2000.
The Purchaser agrees to pay the reasonable legal fees of the Vendor subject to taxation if necessary for the
closing of this transaction.
This Agreement is subject to formal approval by the Council of the Municipality of Bayham, to be expressed by
by-law or resolution of the Council.
SCHEDULE(S) attached hereto form(s)part of this Agreement.
1. CHATTELS INCLUDED: none
2. FIXTURES EXCLUDED. none ...
3. RENTAL ITEMS:The following equipment is rented and not included in the Purchase Price.The Purchaser agrees to assume the rental contract(s),if assumable:
none
4. IRREVOCABILITY:This Offer shall be irrevocable by until .... p.m.on the day of... ,
after which time,If not accepted,this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. COMPLETION DATE:This Agreement shall be completed by no later than 8:00 p.m.on the .... 1st day of June, 2000.
Upon completion,vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
8. NOTICES:Vendor hereby appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. If the Co-operating Broker
represents the interests of the Purchaser In this transaction,the Purchaser hereby appoints the Co-operating Broker as Agent for the purpose of giving and receiving notices
pursuant to this Agreement.Any notice relating hereto or provided for herein shall be in writing.This offer,any counter offer,notice of acceptance thereof,or any notice
shall be deemed given and received,when hand delivered to the address for service provided herein or,where a facsimile number is provided herein,when transmitted
electronically to that facsimile number.
FAX NO. (For delivery of notices to Vendor) FAX NO. (For Delivery of notices to Purchaser)
7. GST:If this transaction Is subject to Goods and Services Tax(G.S.T.),then such tax shall be in addition to the Purchase Price.
If this transaction is not subject to G.S.T.,Vendor agrees to provide on or before closing,a certificate that the transaction is not subject to G.S.T.
B, TITLE SEARCH:Purchaser shall be allowed until Closing (Requisition Date)to
examine the title to the property at his own expense and until the earlier of:(i)thirty days from the later of the Requisition Date or the date on which the conditions In this
Agreement are fulfilled or otherwise waived or;(ii)five days prior to completion,to satisfy himself that there are no outstanding work orders or deficiency notices affecting
the property,that its present use(
may be lawfully continued and that the principal building may be insured against risk of fire.Vendor hereby consents to the municipality or other governmental agencies
releasing to Purchaser details of all outstanding work orders affecting the property,and Vendor agrees to execute and deliver such further authorizations in this regard as
Purchaser may reasonably require.
9. FUTURE USE:Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will
be[awful except as may be specifically provided for in this Agreement.
10. TITLE:Provided that the title to the property is good and free from all registered restrictions,charges,liens and encumbrances,except as otherwise specifically provided
in this Agreement and save and except for. (a) any registered restrictions or covenants that run with the land, provided that such are complied with; (b)any registered
municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with,or security has been posted to ensure compliance
and completion,as evidenced by a letter from the relevant municipality or regulated utility;(c)any minor easements for the supply of domestic utility or telephone services
to the property or adjacent properties; and (d) any easements for drainage,storm or sanitary sewers, public utility lines,telephone lines, cable television lines or other
services which do not materially affect the present use of the property.If within the specified times referred to in paragraph 8 any valid objections to title or to any outstanding
work order or deficiency notice,or to the fact the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire is made
in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any
intermediate acts or negotiations In respect of such objections,shall be at an end and all monies paid shall be returned without interest or deduction and Vendor,Listing
Broker and Co-operating Broker shall not be liable for any costs or damages.Save as to any valid objections so made by such day and except for any objection going to
the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed,abstract,survey or other evidence of title to the property except such as are in the
possession or control of Vendor.If requested by Purchaser,Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition
Date.If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act(Canada),Chartered Bank,Trust Company,Credit Union,Caisse Populaire or
Insurance Company and which is not to be assumed by Purchaser on completion,is not available in registrable form on completion,Purchaser agrees to accept Vendor's lawyer's personal undertaking
to obtain,out of the dosing funds,a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Vendor shall
provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,together with a direction executed by Vendor directing payment to
the mortgagee of the amount required to obtain the discharge out of the balance due on completion.
12. INSPECTION:Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding
agreement of purchase and sale between Purchaser and Vendor.
13. INSURANCE:All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor.Pending completion,Vendor shall hold all insurance
policies,if any,and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage,Purchaser may either terminate this Agreement and have all monies
paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase.No insurance shall be transferred on completion.If Vendor Is taking back a
ChargelMortgage,or Purchaser is assuming a Charge/Mortgage,Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's Interest
on completion.
14. PLANNING ACT:This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and
Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION:The Transfer/Deed shall,save for the Land Transfer Tax Affidavit,be prepared in registrable form at the expense of Vendor,and any Charge/Mortgage
to be given back by the Purchaser to Vendor at the expense of the Purchaser.If requested by Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the
statements contemplated by Section 50(22)of the Planning Act,R.S.O.1990.
18. RESIDENCY:Purchaser shall be credited towards the Purchase Price with the amount,if any,necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability
in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale.Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17. ADJUSTMENTS:Any rents,mortgage interest,realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall
be apportioned and allowed to the day of completion,the day of completion itself to be apportioned to Purchaser.
18. TIME LIMITS:Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement
in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard.
19. TENDER:My tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion.Money may be tendered by bank draft
or cheque certified by a Chartered Bank,Trust Company,Province of Ontario Savings Office,Credit Union or Caisse Populaire.
20. FAMILY LAW ACT:Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act,R.S.O.1990 unless Vendor's spouse has executed
the consent hereinafter provided.
21. U FFI:Vendor represents and warrants to Purchaser that during the time Vendor has owned the property,Vendor has not caused any building on the property to be insulated with insulation containing
ureaformaldehyde,and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureeformaldehyde.This warranty shall survive and
not merge on the completion of this transaction,and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction.
22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to In connection with this
transaction.
23. AGENCY:It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
24. AGREEMENT IN WRITING:If there is conflict between any provision written or typed in this Agreement(including any Schedule attached hereto)and any provision in the printed portion
hereof,the written or typed provision shall supersede the printed provision to the extent of such conflict.This Agreement including any Schedule attached hereto,shall constitute the entire Agreement
between Purchaser end Vendor.There is no representation,warranty,collateral agreement or condition,which affects this Agreement other than as expressed herein.This Agreement shall be read
with all changes of gender or number required by the context.
25. SUCCESSORS AND ASSIGNS:The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms herein.
DATED at Straffordville, Ontario this day of April, 2000
SIGNED,SEALED AND DELIVERED In the presence of: IN WITN S hereof I have reunto set my hand and seal:
(Seal)DATE , ,y/491519-1)
(VNlnass) (Purchase
��..d 3 142 ...... areal)DATE . /J 49-4-tr'P
(Witness) (Pdftaser)
I,the Undersigned Vendor,agree to the above Offer.I hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of the commission together with applicable Goods and
Services Tax(and any other taxes as may hereafter be applicable),for the proceeds of the sale prior to any payment to the undersigned on completion,as advised by the Listing Broker to my lawyer.
DATED at Straffordville, Ontario this day of April, 2000
SIGNED,SEALED AND DELIVERED in the presence of WI ESS whereof I reu •.set my hand and seal:
MAT fSCHA� R f (sec DATE June 8 2000
Per':(wnness) enter) p 1 ntv`I . a hority to bind the Corporation
"]LC1ti' / 1 t (Seal)DATE June 8, 2000
(IMlness) .ernder)
SPOUSAL CONSENT:The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act,R.S.O.
1990,and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein.
(seal)DATE
(Witness) (Spouse)
CONFIRMATION OF EXECUTION:notwithstanding anything contained herein to the contrary,I confirm this agreement with all changes both typed and written was finally executed by all
parties at a.m./p.m.this .. day of
(Signature of Vendor or Purchaser)
CONFIRMATION OF REPRESENTATION
I hereby acknowledge and confirm the Listing Broker represents the Interests of I hereby acknowledge and confirm the Listing Broker represents the interests of
In this transaction. in this transaction.
(VendorNendor and the Purchaser) (Vendor Purchaser)
Signature of Listing Broker or authorized representative Signature of Cooperating Broker or authorized representative
Name of Listing Broker Name of Co-operating Broker.
Tel No. Fax NO. Tel No. Fax No.
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize the I acknowledge receipt of my signed copy of this accepted Agreement of Purchase end Sale and I authorize the
Agent to forward a copy to my lawyer. Agent to forward a copy to my lawyer.
DATE DATE
(Vendor) (Purchaser)
DATE DATE
(Vendor) (Purchaser)
Address for Service: Address for Service:
Tel.No. Tel No.
Vendor's Lawyer Purchaser's Lawyer
Address: Address:
Tel.No. Fax No. Tel,No, Fax No.
COMMISSION TRUST AGREEMENT
To:Co-operating Broker shown on the foregoing Agreement of Purchase and Sale:
In consideration for the Co-operating Broker procuing the foregoing Agreement of Purchase and Sale.I hereby declare that all moneys received or receivable by me in connection with the Transaction as contemplated In the MLS
Rules and Regulations of my Real Estate Board shall be receivable and held in trust.This Agreement shall constitute a Commission Trust Agreement as defined in the MLS Rules and shall be subject to and governed by the MLS
Rules pertaining to Commission Trust.
DATED as of the data and lime of the acceptance of the foregoing Agreement of Purchase and sate. Acknowledged by:
agn=roe a Err . ,.er fir a t....e.re/vase ""ve
Province
Transfer/Deed of Land Do Process Software Ltd. • (416)322-6111
Ontario Form 1—Land Registration Reform Act
CO i:3 C.') r
t- cn C\..1 r (1)Registry El Titles ❑ (2) Page 1 of pages
C--- —.
t17 F.: c �.,: ' (3) Property Block Property
.a Identifier(s) Additional:
a--t = \ti •_ Sea Elii' Schedule
C+ F_
u
`[4)Consideration
D— i �
. Cn c,
. . _. s., FIFTEEN THOUSAND Dollars$ 15,000.00
uJ - , . =--) -(5)Description This is a: Property Property
(n -- i Division ❑
❑ Consolidation
lli
c3 C; Part of Lot 128, Concession North of Talbot Road, Municipality of
it Bayham, County of Elgin (Geographic Township of Bayham) being
ILO PART 1 according to Reference Plan 11R-7270.
'be New Property Identifiers
0 Additional:
IL See ❑
Schedule
Executions
Additional:
See LI
16)This (a) Redescription (b)Schedule for: (7) interest/Estate Transferred
DocumentNew Easement Additional Fee Simple
Contains
Plan/Sketch El Parties ❑ Other 1=1❑ Description
(a)Transferor(s)The transferor hereby transfers the land to the transferee aexicaxtmextxaintontmxtexuseamerauggharemairmaaxammx
I am a spouse. The person consenting below is my spouse.
Date of Signature
Name(s) Signature(s) Y M D
MATTHEW A, SCHAFER LIMITED Per;____ ® -1 2000 06 08
Na :Matthew A. Scafer, Pr sidenit
We hgYe authority to bina_the_Cgrpgratiqn, Per: . 1`t. .6 2000 06 08
Name: Anna M. Schafer, ecretary
CHAFER,Matthew A. tJ � ._-,---7 ` 2000 06 .08
(9) Spouse(s)of Transferor(s)1 hereby consent to this transaction � Date of Signature
Name(s) Signature(s) Y M 0
SCHAFER,Anna Marie ,, .`x- ¢ x000 06. 08
(10) Transferor(s)Address Talbot Road East Straffordville, Ontario. NOJ 1YO
for Service +
(11)Transferee(s) Date of Birth
Y M 0
THE CORPORATION OF THE
MUNICIPALITY OF BAYI#AM i
i
+ r i-
(12) Transferee(s)Address P. O. Box 160,Straffordville, Ontario. NOJ 11(0for Service 1
(13)Transferor(s)The transferor verifies that to the best of the transferors 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 0
Signature Signature
zSolicitor 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
C] 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
E does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature
a Name and Y a D
C7 Address of
Solicitor Signature i
(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
go
c 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 A a, 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.
0. g
in
E Name and
B t Address of Date of Signature
72 Solicitor Y M D
cn
Signature i
(15)Assessment Roll Number Cty. Mun, Map Sub. Par_ Fees and Tax
of Property not assigned Z
(16)Municipal Address of Property (17)Document Prepared by: 0 Registration Fee
Lu
Ian R. Linton,GIBSON, LINTON, Land Transfer Tax
Heritage Lane TOTH, CAMPBELL u
o
(Talbot Road County Road No. 38) & BENNETT tL
Straffordville, Ontario. 36 Broadway, P. O. Box 5, o
NOJ IYO Tillsonburg,Ontario. x
N4G 4H3 0
Total
ii
Document prepared using Form'L'Ware L,ndForms
Do Prace.,s Software Ltd. • (416)322-6111 Page 2 Affidavit of Residence and of Value of the Consideration
refer to all instructions on reverse side. Form 1 — Land Transfer Tax Act
IN THE MATTER OF THE CONVEYANCE OF (Insert brief description of lend) Part of Lot 128, Concession North of Talbot Road,
t)_ ' ,1 l l' 1 : 1 , 1 l lk 1 .in 1 #h' _ 1 j .i iii 1 i - t - It 1 ' '
11R-7270. t_ e 1 i _ 1 t
BY (print names of all transferors in full) Matthew A. Schafer Limited and Matthew A. Schafer
TO (see instruction I and print names of all transferees in full) The Corporation Of The Municipality of Bayham
I, (see instruction 2 and print name(s)in full)Jan Redford Linton
MAKE OATH AND SAY THAT:
1. t 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;
E (d) The authorized agent or solicitor acting in this transaction for(insert name(s)of pane/pal(s)) The Corporation of the Municipality of
Byham
described in paragraph(s) M, , (c) above;(strike out references to inapplicable paragraphs)
❑ (e) The President, Vice-President, Manager,Secretary,Director or Treasurer(Insert name(s)of co,porationfs))
described In paragraph(s) (a), (b), (c) above;(strike out references ro inapplicable paragraphs)
El (f) A transferee described in paragraph( ) (Insert or, '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 or spouse)^ who is my spouse described
in paragraph( ) (Insert only one of paragraph(a),(b)tuft)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 S400,000).
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 thar two single family residences.E
Note:Clause 2(1)(d) 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 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 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"
ore"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 $ 15,000.00
(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 Blanks
(d)Securities transferred to the value of(derail below) .$ Nil Must Be
(e)Liens,legacies, annuities and maintenan:e charges to which transfer is subject . . . .$ Nil Filled In.
(f)Other valuable consideration subject to land transfer tax(detail below) . . . . -$ Nil
Insert"Nil"
(g)VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(0) .$ 15,000-00$ 15,000.00 Where
(h) VALUE OF ALL CHATTELS —items of tangible personal property Applicable
(Retail Sales Taxis payable on the value of all chattels unless exempt under
Nil
the provisions of the"Retail Sales Tax Act',R.S.O.1450,c.454,as amended) $
(i)Other consideration for transaction not included in (g)or(h)above $ Nil
(j) TOTAL CONSIDERATION $ 15,000.00
5. If consideration is nominal.describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 6)
n/a
B. If the consideration is nominal,is the land subject to any encumbrance? u/a
7. Other remarks and explanations,if necessary.- Ilia
Sworn before me at the Town of Tillsonburg
in the County of Oxford
this 9th day of June�j� 2000
"�`� IMA1tSlAYNC1� I,a Commissioner,a
Ian ' •dford n
A Commissioner for takingAffidavits,etc. County of tbdtxd,for Gibson,Linton,Toth, a. . refs)
Carti'�"l1&Bennet.Barristers and Solicitors.
Property Information Record Expi,cs Februafy8,2082. 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) Heritage Lane
(Talbot Road County Road No. 38), Straffordville,Ontario.,NOJ 1YO
(ii)Assessment Roll No.(If available) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(see Instruction 7) IReelstratlon Date Land Registry Office No.
P. Q,3ox.160, Straffordville, Ontario. NOJ 1YO
D. (i)Registration number for last conveyance of property being conveyed(iravaiiable)
(ii)Legal description of property conveyed: Same as in D.(i)above. Yes❑ No XD Not known❑
E. Name(s) and address(es) of each transferee's solicitor
Ian R. Linton,GIBS IN, LINTON„TOTH, CAMPBELL, & BENNETT
6 : • : • ,, ' I : 1 ; - ill in, r. II 1 16.4G 4113
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic 7 Yes❑ No❑
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑
(c) Do all individual transferees have French Language Education Rights? Yes❑ No❑
(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). 04490(90-0e)
Province Transfer/Deed of Land Do Process Software Ltd. (416)322 6111 '
._ Ontario Form 1—Land Registration Reform Act
(1)Registry El Land Titles ❑ (2) Page 1 of Z 3 pages
(3) Property Block Property
identifier(s) Additional: ❑
See
Schedule
(4)Consideration
zTWO--------- Dollars$ 2.00
O
(6)Description This is a: PropertyProperty
D Division ❑ Consolidation EI
w Part of Lot 128, Concession North of Talbot Road,Municipality of
LLBayham, County of Elgin(Geographic Township of Bayham)being
O PART 2 according to Reference Plan 11R-7270.
x New Property Identifiers
0 Additional:
L� See ❑
Schedule
Executions
Additional:
See ❑Schedule
((6)This (a) Redescription = (b)Schedule for: IE (7) Interest/Estate Transferred
Document New Easement Additional TAMMY EASEMENT
Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other
(B)Transferor(s)The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
I am a spouse. The person consenting below is my spouse.
Date of Signature
Name(s) Signature(s)
Y M D
MATTI-WY A,SCHAFER LIMITED Per, r _ __ .200Qi 06 i 08
Nyifie:Matthew A. Scher€e , resitcent
..W.. .bax .amtborily--to_bind_ hc.C'vrparatiQn, tiff; A., 120QQ 96 108
Name: manna M Schafer, S retary=
CHAFER.Matthew A, a,(. ,A r)--) ' 2000 =06 ' 08
(9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y . M , 0
SC 1,FER, Anna:Marie...,} ,...., . . .. b .2000 t 06 08
(lil) for Service
)Address Talbot Road East,Straffordville, Ontario. NOJ 1YO
far Service
(11)Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE MUNICIPALITY QF BAYHAM
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(12) Transferee(s)Address P. O. Box 160 Straffordville Ontario. NOJ 1YO
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.
Date of Signature Date of Signature
Y M = D Y s M 0
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Signature ° Signature 1 i
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
ZO 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 not contravene that section.t am an Ontario solicitor In good standing. Date of Signature
D_ Name and Y . hi = D
O Address of
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
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c ,To. 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 A. 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.
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Name and
ki ' Address of Date of Signature
63 Solicitor I Y M o
Signature I 1 1
(15)Assessment Roll Number Cty. 1 Mun.4 Map Sub. = Par. r Fees and Tax
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of Property not assigned Z
/16 Municipal Address of Property (17)Document Prepared by: 0 Registration Fee
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GIBSON,LINTON,TOTH,CAMPBELL j Land Transfer Tax
Heritage Lane, & BENNETT w
(Talbot Road County Road No. 38) 36 Broadway, P. O. Box 5, ti
Straffordville, Onotario. Tillsonburg, Ontario. O
NOJ 1YO N4G 4113 0
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Ontario Form 5—Land Registration Reform Act
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Additional Property identifier(s)andlor Other Information
TEMPORARY EASEMENT
The Transferors grant to the Transferee the right and easement for the servants, agents, contractors and
consultants of the Transferee to pass and repass with all plant, machinery, material, supplies, vehicles and
equipment as may be convenient or necessary over and along the temporary easement lands and to store
such plant, machinery, material, supplies, vehicles and equipment on the temporary easement lands more
particularly described as PART 2 according to Reference Plan 1 IR-7270.
The right and easement shall terminate upon the later of the expiry of twelve (12) months from the date of
commencement of construction of the works or such extended period of time as the Transferee may, by
notice in writing, advise the Transferors is necessary to complete the construction of the works.
Upon the expiration of this right and easement the Transferee, shall, at its expense, as far as practicable
restore the surface of the temporary easement lands to the same conditions as that in which it was found
and shall remove all equipment, plant, machinery, supplies and vehicles.
The following lands (the dominant lands) which are owned by the Transferee are those benefitted by the
within transfer of easement.
Lots 2, 3 and 4, Registered Plan 205 for the Village of Straffordville, in the Municipality of Bayham, in the
County of Elgin.
The Transferee described in Box 11 herein agrees to abide by the covenants above set out.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Per: a4.....,., Date , e. U, 2....t4A 4 t sei.1 Per cb..lr
Per: v�r Date Qi..,,,c._ 23,
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