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By-law No. 2002-015 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2002-15 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A GRANT OF EASEMENT AGREEMENT NO. 456 WITH THE MINISTRY OF NATURAL RESOURCES (PORT BURWELL SEWAGE TREATMENT PLANT EXFILTRATION BED) WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to enter into a Grant of Easement agreement with The Province of Ontario Ministry of Natural Resources to provide a"right-of-way"in regard to"exfiltration bed"within the Municipality of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Mayor and Clerk be and are hereby authorized to execute a Grant of Easement Agreement No.456 with the Province of Ontario Ministry of Natural Resources 2. THAT the said Agreement is attached hereto as Appendix'A'and forms a part of this by-law 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 21f4 day of February 2002. MAYOR CLERK 3.114 F\ .; r' Province of Ontario Province de I`Ont 'rio.t Elizabeth the Second, by the Grace of God of the United Kingdom,Canada and Her other Realms and Territories Queen,Head of the Commonwealth, Defender of the Faith. Elizabeth Deux,par is grace de Dieu,Reim du Royaume-Unl,du Canada et de ses autres royaumes et territolres,Chef du Common- wealth,Defenseur de la Fol. To all to whom these Presents shall Come, Greeting: A tous ceux et cellos qui prendront connaissance des presentes : KNOW YE that, under the authority of the PUBLIC LANDS ACT, in consideration of the sum of SEVEN HUNDRED AND FIFTY DOLLARS well and truly paid to Our use at or before the sealing of these Our Letters Patent, WE HAVE GRANTED, and by these Presents DO GRANT, unto THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, in fee simple All those Parcels or Tracts of Land more particularly described in the attached Schedule. SAVING, EXCEPTING and RESERVING unto Us, Our Heirs and Successors, all ores, mines or minerals which are or shall hereafter be found on or under the Land hereby granted. ALSO SAVING, EXCEPTING and RESERVING the free use, passage and enjoyment of, in, over and upon all navigable waters which shall or may hereafter be found on or under, or be flowing through or upon, any part of the Land hereby granted, and RESERVING ALSO the right of access to the shores of all rivers, streams and lakes for all vessels, boats and persons. ALSO SAVING, EXCEPTING and RESERVING the surface rights only in and over any public or colonization roads or any highways crossing the said Land at the date of these Letters Patent. 2108(ol15j SCHEDULE FIRSTLY Part of Location CL 11432, , Being part of the Accreted Lands in front of Lot 11, Concession 1, Township of Bayham, County of Elgin, Containing 0.7468 hectares, more or less, Designated as Part 1, on Reference Plan 11R-7351. SECONDLY All that parcel or tract of land, Being part of the Accreted Lands in front of Lot 11, Concession 1, Township of Bayham, County of Elgin, Containing 0.517 hectares, more or less, Designated as Parts 6 and 7, on Reference Plan 11R-2446. Office of the Surveyor General rdh/3-Aug-00/ ALSO SAVING, EXCEPTING and RESERVING the surface rights only in ten per cent of the acreage hereby granted for roads and the right to lay out the same where the Crown or its officers may deem necessary. The Land hereby granted is subject to the provisions of Section 65 of the Public Lands Act. GIVEN under the Great Seal of Our Province of Ontario, WITNESS: THE HONOURABLE HILARY M. WESTON, LIEUTENANT GOVERNOR OF OUR PROVINCE OF ONTARIO. At Our City of Toronto in Our said Province this twenty-eighth day of January in the year of Our Lord two thousand and two and in the fiftieth year of Our Reign. BY COMMAND Vishnu Prasad Co-ordinator, Crown Land Registry Land Management Section Ministry of Natural Resources Ref. No. 159242 Main Office File No. 110822 Land Registrar, Ministry of Consumer and Business Services, will mail duplicate to: The Corporation of the Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1X0 Attention: Kyle Kruger, Administrator ? Ministry of * Natural ��.®i�i Resources Ontario PROVINCE OF ONTARIO. _-r- .. . 1 - MINISTRY 1 -MINISTRY OF NATURAL RESOURCES cn c.) GRANT OF EASEMENT {,D NO. 456 THIS INDENTURE made, in duplicate, the twenty-third day of January in the year of Our Lord two thousand and two pursuant to the Public Lands Act, BETWEEN: THE MINISTER OF NATURAL RESOURCES for the Province of Ontario, hereinafter called the "Grantor" , OF THE FIRST PART; - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, hereinafter called the "Grantee" , OF THE SECOND PART; WITNESSETH that under the Public Lands Act and in consideration of the Sum of SEVEN HUNDRED AND FIFTY DOLLARS $ (750 . 00) now paid by the Grantee to the Minister of Finance of Ontario, the receipt whereof is hereby acknowledged, and the covenants and agreements hereinafter contained on the part of the Grantee to be observed and performed, the Grantor doth hereby grant, convey, transfer, and confirm unto the Grantee, its successors and assigns, as and from the first day of January, 2002 , the right, licence, liberty, privilege and easement on, over, under and through the public lands situate, lying and being in the Township of Bayham, in the County of Elgin and Province of Ontario, being more particularly described in Schedule "A" attached hereto, and which public lands are hereinafter referred to as the "right-of-way" to lay down, construct, operate, maintain, inspect, patrol, alter, remove, replace, re-locate, re- construct and remove at any time and from time to time, an exfiltration bed hereinafter referred to as the "works" , on the following terms and conditions which are hereby mutually covenanted and agreed to by and between the Grantor and the Grantee : 2115 Page 2 1 . The right, licence, liberty, privilege and easement hereby granted shall continue in perpetuity or until the Grantee shall surrender, execute and deliver a transfer and release thereof . 2 . Subject to the rights granted herein to the GranLee, Her Majesty the Queen in right of Ontario shall have charge of the administration, management, sale and disposition of the land and shall have the right to fully use and enjoy it . 3 . (1) Where Her Majesty the Queen in right of Ontario makes a disposition of public lands comprising in whole or in part, any part of the right-of-way, the person to whom the disposition is made, his heirs, executors, administrators, successors and assigns, or any of them may use the surface layer of land, (a) for the growing of crops and the grazing of live-stock; (b) with the consent of the Grantee, for the purpose of a road, trail or lane crossing the right-of-way or any other crossing, provided that where the right-of-way is owned by a municipal corporation, commission, public utility or other agency or authority of a public nature, the consent of the Grantee shall not be required except as to the location thereof . (c) for any purpose consistent with municipal zoning. (2) The owner or lessee of the mines or minerals lying in, on or under the right-of-way may work and prospect for mines or minerals, provided that the safe operation of the works of the Grantee is not interfered with or endangered. 4 . The Grantee agrees to restore at its own expense the right-of-way to its approximate condition as the same existed immediately prior to the installation of the works and to restore all fences damaged during such installation or during any subsequent operations by the Grantee, to the satisfaction of the Grantor so far as is consistent with the use of the easement hereby granted and the Grantee will compensate the Grantor for any trees, shrubs, and crops or any of them destroyed or fences not restored at a valuation determined by the Grantor. 5 . The Grantee will compensate Her Majesty the Queen in right of Ontario for any loss, damage or expense resulting from, caused by or in any manner connected with the exercise of the rights granted herein or which would not have happened but for the existence of the works or this easement, provided that the obligation to compensate Her Majesty shall not apply if a court of competent jurisdiction has ruled that such loss, damage or expense is attributable to the acts of the Grantor, Her Majesty the Queen in right of Ontario, Her officers, servants and agents or any of them, in deliberate or reckless disregard for the rights granted herein. Page 3 6 . Notwithstanding any rule of law or equity, the works shall at all times remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the land and shall at any time and from time to time be removable in whole or in part by the Grantee; its successors and assigns . 7 . In the event that the Grantee abandons the works, the Grantee may, .with the consent of the Grantor, leave any part thereof in place . 8 . The Grantee performing and observing the covenants and conditions on its part to be performed and observed, shall and may peaceably hold and enjoy the rights, liberties, privileges and easement hereby granted, without let, hindrance, molestation or interruption on the part of the Grantor or of any person claiming by, through, under or in trust for the Grantor. 9 . All notices to be given hereunder may be given by registered letter, addressed to the Grantee at P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1Y0 or to the Grantor at the Ministry of Natural Resources, Parliament Buildings, Toronto, Ontario M7A 1W3 , or such other address as the Grantor or Grantee may respectively, from time to time designate by letter, and any such notice shall be deemed to have been given to and received by the addressee three days after mailing thereof, postage prepaid and registered. 10 . The right, licence, liberty, privilege and easement herein granted are hereby declared to be appurtenant to the lands of the Grantee situate, lying and being in the Municipality of Bayham, in the County of Elgin and Province of Ontario, being more particularly described in Schedule "B" attached hereto. 11 . The Grantee covenants to indemnify, keep indemnified and save harmless the Grantor, Her Majesty the Queen in right of Ontario, Her officers, servants and agents or any of them, hereinafter collectively referred to as "the Grantor" from and against all claims, demands, costs, suits, actions or proceedings, causes of action, loss, damage, expense or injury including death, of any nature or kind whatsoever, resulting from, caused by or in any manner connected with the exercise of any right granted herein or which would not have happened but for the existence of the works or this easement, and the Grantee hereby waives, releases and forever discharges, the Grantor from all claims, demands, costs, suits, actions or proceedings, causes of action, loss, damage, expense or injury including death, of any nature or kind whatsoever, which the Grantee has or hereafter shall or may have resulting from, caused by or in any manner connected with the exercise of any right granted herein or which would not have happened but for the existence of the works or this easement, provided that SCHEDULE A Part of Location CL 11432, Being part of the Accreted Lands in front or. Lot' ii, Concession 1 , Township of. Bayham, County of Elgin, Containing 0 . 0696 hectares, more or less, Designated as Part 2, on Reference Plan 11R-7351 Ott ice of the Surveyor General I clh/3-Aura-C l)/ ic.�u SCHEDULE "B" WHEREAS the Transferee is the owner in fee simple of those lands and premises situate, lying and being in the Municipality of Bayham, in the County of Elgin and Province of Ontario, being composed of Lots 2, 3 and 4, Plan 205. Page 4 the indemnity and release herein shall not apply if a court of competent jurisdiction has ruled that such claims, demands, costs, suits, actions or proceedings, causes of action, loss, damage, expense or injury including death, of any nature or kind whatsoever are attributable to acts of the Grantor in deliberate or reckless disregard for the rights granted herein. 12 . The rights, liberties, privileges and easement hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the land, and this Indenture, including all the covenants and conditions herein contained, shall extend to, be binding upon and enure to the benefit of the successors and assigns of the parties hereto respectively. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals . latkPLAAA. la04-0-41 Vishnu Prasad Co-ordinator, Crown Land Registry Land Management Section Ministry of Natural Resources for and on behalf of the Minister of Natural Resources THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY .�1 ---�L M � AND: "ti p ri ( Lk,JQ 3 ,Q_ Grant of Easement No. 456 Main Office File No. 110822 The Corporation of the Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1Y0 Attention: Kyle Kruger, Administrator Do Process Software Ltd. • (416)322-6111 Affidavit of Residence and of Value of the Consideration Refer to alt Instructions on reverse side. Form 1 —Land Transfer Tax Act IN THE MATTER OF THE CO( .'EYANCE OF (Insert brief description of lend)., location CL 114.3, Part Of accreted land in front of Lot 11 , Concession 1 , Municipality of . Rayham ('.runty .elf.-,Rai rgl Ti ries i grated as Part 7 , UR-7151 .:..._Y BY (print names of ail transferors in full) Ministry of ifaturr&l Resources TO (see instruction 1 and print names of all transferees in full) M11rij d $T itv of Bavham , (see instruction z and print name(e)In full). - . } - . - ,. . hail i t y of Rayham Prnv_i ricers n f Orre_nr i a AAminirtreenr , HAKE OATH AND SAY THAT: I. 1 am (placer clear merle within the sgu.re opposite that one of the following paragraphs that describes the capacity of the deponent(a)):(aa.lnatrvctlon 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; (d) The authorized agent or solicitor acting in this transaction for(insert name(.)of prtncipal(r)) „ . ' - ., • .- . , „ described in paragraph(s) tel, (t)Q, (c) above; (strike out references to Inapplicable paragraphs) 0 (e) The President,Vtce-President,Manager,Secretary,Director,or Treasurer authorized to act for(Insert name(s)ofcorporedon(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) Q (I) A transferee described in paragraph( ) (heart Only one of paragraph(a).(Nor(c)above,as applicable) and am making this affidavit on my own behalf and on behalf of(Insert name ofspouae) who Is my spouse described In paragraph( ) (insert only one ofparagreph(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 considerstlon for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out In clause 1(1)08)of the Act.The land conveyed In the above-described conveyance contains at least one and not more than two single family residences, Note:Clause 2(1)(d)Imposes additional the rate of one-half of one per does not contain a ample family residence. pont upon the valve of oonses anion In excessaltax of at the.r00 whore the conveyance contains more than two single family residences. (gee instruction 3) contains at least one end not more then two single famty residences. 3 I have read and considered the definitions of"non-resident corporation" and "non-resident person"set out respectively In clauses 1(1)(1) end (g) of the Act and each of the following persons to whom or In trust for whom the land Is being conveyed in the above-described conveyance Is a "non-resident corporation" or a"non-resident person"as sat out In the Act. (as.inatnJctlons 4 and 1) NONE 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash i 128 .93 (b)Mortgages(I)Assumed(show principal and interest to be credited against purchase price) . ,$ Ni 1 (ii)Given back to vendor ,s Nil (c)Property transferred In exchange(date!)below) $ Nil. All Blanks (d)Securities transferred to the value of Nebel below) .$ Nil Must Be (e)Liens,legacies,annuities and maintenance charges to which transfer is subject , . .$ Ni 1 Filled In. (f)Other valuable consideration subject to land transfer tax(detail below) . , . . ,$ Ni 1 _ (g)VALUE OF LAND,BUILDING, FIXTURES AND GOODWILL SUBJECT TOinsert'Nil' LAND TRANSFER TAX(Total of(a)to(f)) $ 17$ 9� S, 1 �R alb mere - (h)VALUE OF ALL CHATTELS-- Items of tangible personal property Applicable (Retail Sales Tax is payable on ma virus of alt chattels unions exempt under Pm provisions of the"Retell Saler Tex Act",R.S.O,1150,c,i34,as amended) . . . .$lei 1 (I)Other consideration for transaction not Included In(g)or(h)above , . . . , . $ 9 .03 (j)TOTAL CONSIDERATION s 137 .96 .. 5. If consideration is nominal.describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction I) intake outfall Teastewat':r treatment plant • 5. If the consideration is nominal,is the land subject to any encumbrance? 7. Other remarks and explanations,If necessary. Land tealue loots than-4.20S ftp therefore not subjr+ct to 'josh trAnxtfer ttrt-r kk 4 .. Sworn before me at the ;A,u v,, . V"4, 'i ,.s� c'.,•,,(I,,: ,- nthe ( r,s.,r,,( t` c' 1_"1 - ' . i .Ns 7 r t ti. day r",.),.:....1 ,,,,:.,,-,/ iiir moi, t. 1 1 ! J h", ''.a:'r.r (-ii 1•'v;,.a ('unlns)is ILT,erercetc. • i 2' ` w L aSkel• ,ii 44)�htiE'thI Ira i8e €ethc ,y,°>>t. I.;, � � Ise ,., r s \ % N.Commslasloner for-taking davits,etc. MaAt�il>jlrlliltlbi8&�°°• It s natures) Property Information Record FOr Lltnd Registry Office Use (a ryOnly k. Describe nature of instrument:.C'r oars 1"A gr+ment fur pi pal i nA `Registration No. 3. (1)Address of property being conveyed(if evellebla) (11)Assessment Roll No. (Havallabie) ;. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(see irutnvcdon 7) R.gratrutlon Oats Lane Region,Ofrie.No, ] 0)Registration number for last conveyances of property being conveyed or available) - (ii)Legal description of property conveyed: Same as in D,(I)above, 'lee 0 No Q Not known El E Name(s)and addresses)of each transferee's sofldtor Mt.■re to -I pa li ty of J;wybai' _ P n rinY 15Q 91431 P1 sulk Rrvad _ -- 14Fs.f fnrri.ri 1 1 p rint'i.-i n arra 'LYn School Tax Support(Voluntary Election) Sae 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❑ No 0 (c) Do all Individual transferees have French Language Education Rights? Yes El No Q (d) If Yes,do all Individual transferees wish to support the French Language School Board(where established)? Yes 0 No 0 NOTE:As to(c)and(d)the land teeing transferred will be assigned to the French Public School Board or Sector unless otherwise directed In(a)and(b). 0400 010-01