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HomeMy WebLinkAboutBy-law No. 2004-013 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2004-013 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 113 AND 114, CONCESSSION N.T.R., BEING PARTS 7,8,9,10,AND 11,PLAN 11R-8059 WHEREAS Section 11 of the Municipal Act,2001, S.Q. 2001,c.25 as amended provides that a lower tier municipality may pass by-laws respecting highways. AND WHEREAS Subsection 34(1) of the Municipal Act,2001 S.O. 2001, c. 25 as amended,provides that before passing a by-law for permanently closing a highway, a municipality shall give public notice of its intention to pass the by-law. AND WHEREAS the Municipality of Bayham passed By-law No. 2002-94 to prescribe the form and manner and times for the provision of notice. AND WHEREAS in compliance with By-law No. 2002-94,notice of this By-law was published January 19th, 2004 in the Tillsonburg News. AND WHEREAS Subsection 66 (1)of the said Municipal Act provides in part that if a highway was opened on land in the place of all or part of an original road allowance and compensation was not paid for the land,the owner of the land appropriated for the highway, or the successor in title, is entitled, if the person owns the lands abutting on the allowance,to the soil and freehold of the original road allowance. AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in person, or by counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this By-law and who applied to be heard; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to stop up,close and convey part of the unopened road allowance between Lot 113 and Lot 114, Concession N.T.R., designated as Parts 7,8,9,10, and 11 on Plan 11R-8059; NOW HEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT that part of the unopened road allowance between Lot 113 and Lot 114, Concession N.T.R., for the former Township of Bayham,now Municipality of Bayham,designated as Parts 7,8,9,10, and 11 on Plan 11R-8059,be and the same is hereby closed and stopped up. 2. THAT all of that part of the said unopened road allowance abutting lands owned by Mathew A. Schafer,being those parts designated as parts 7, 9, 10, and 11 on Plan 11R-8059, shall be conveyed to such adjoining owner immediately upon the receipt of reimbursement of all associated legal, survey, and advertising costs incurred by the Municipality. 3. THAT all of that part of the said unopened road allowance abutting lands owned by Aart Veldhuizen and Thelma Sheppard-Veldhuizen,being that part designated as part 8 on Plan 11R-8059, shall be conveyed to such adjoining owner immediately upon the receipt of reimbursement of all associated legal, survey, and advertising costs incurred by the Municipality. 4. THAT should the adjoining property owners,Aart Veldhuizen and Thelma Sheppard- Veldhuizen,not determine to acquire that part of the unopened road allowance,being Part 8 Plan 11R-8059, abutting their property,that Part 8 be conveyed to Mathew A. Schafer. 5. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances of that part of the said unopened road allowance described herein and which has been stopped up and closed. 6. THAT this by-law shall come into full force and effect upon the date of its enactment. 7. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin, (No. 11). READ A FIRST AND SECOND TIME THIS 6H DAY OF MAY 2004. READ A THIRD TIME AND FINALLY PASSED THIS 6'DAY OF MAY 2004. Z(411 -1L) (:LLRK .f OfProvince Document General D Ontario Form 4--Land Registration Reform Act (1) Registry ® Land Titles ❑ (2) Page 1 of 3 pages (3) Property Block Property Identifier(s) Additional: Sae Schedule El (4)Nature of Document t.,. By—Law #2004-013 to } [— ca 4`;7. (5)Consideration -. Z Cri u) t' 1.1 NIL Dollars S 0.00 w w — r • ! Z (6) Description 0o Vo '..- ` Unopened Road Allowance between Lots 113 & 114 , �, cr ": f_" u.s 't " Concession North of Talbot Road u.o P _� © to 11 he, facc�ci{c.ni if-, cx�:+c1 -+ip 0.-k) ©ctykam; ;t being designated as Parts 7 , 8 , 9 , 10 & 11 c. { on Reference Plan #11R-8059 New Property Identifiers Additional: in the Municipality of Bayham, in the Sehedule ❑ County of Elgin, Executions . (7) Thts (a) Redescription (b) Schedule for: Additional: Document New Easement Additional See ❑ Contains: Plan/Sketch ❑ Description El Parties ❑ Other CE Schedule (8)This Document provides as follows: See Municipality of Bayham By—law #2004-013 attached 1 Continued on Schedule al (9)This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature e Y M D The Corporation of the .( ;zi-u-4 .--. i.,€e, 29.Q4 1.1,3,C) Municipality of Bayham Lynda Millard , Clerk (I have authority to bind the corporation. ) .. (11) Address tor Service 9344 Plank Road , PO Box 160 , Straffordville Ontario NOJ HYO (12) Party(les) (Set out Status or Interest) Names) Signature(s) Date of Signature Y M 0 (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: I fees and Tax Not Assigned . Municipality of Bayham. O Registration Fee 9344 Plank Road , PO Box 160 Straffordville Ontario w NOJ IY0 w 0 Prepared by C. Judd d Total 1 Tv Ag.. DYE&DURHAM CO.INC.-Form No.970 Amended NOV.1992 Province 1 •. of Transfer/Deed of Land cQoo/—o( • �.' ofOntario Form i —Land Registration Reform Act A .„r- (1) Registry ® Land Titles ❑ (2) Page 1 of 2 pages (3) PrOperty Block Property identille4s) Additional: See ❑ r— Schedule 4 r T (4) Consideration .a .;a r TWO Dollars$ 2 .00 Z '"' l u p„r (5)Description This is a: Property Property I t < Division .❑ Consolidation 0 Z a. ) L. CUJ.) . _� Unopen Road Allowance between Lots 113 & 114 , . t :moi _ Concession North of Talbot Road , sile O New Property(de fiers C! o rc 'tions: in the Municipality of Bayham, e� Sae ti. Ve Schedule ❑ in the County of Elgin, Executions being designated PARTS 7 , 8, 9, 10 , & 11 Additional: on Reference Plan #11R-8059 ; schedule El * 1(1 -The.. 6eoc3rc4phic---`cu411%hip Cs4' rhar" (6) This (a)Redescription 0'7—'3)Schedule for: (7) Interest/Estate Transferred Document New Easement i Additional Fee Simple Contains Plan/Sketch ❑ 1 Description ❑ Parties ❑ Other❑ (6)Transferor(s) The transferor hereby transfers the land to the transferee estintwgsAexog is VOA*gieMpencyserscotckand that Date of Signature Name(s) eze Signature(s) Y M D .The. Co.r,poration. .af .the. Municipality• a . . . . . 20041' 1.1[ . I of Bayham y per : . Majror Ly Acres . . . . . . . . . i . . (I have authority to bind the -,,, 2004, ./,11$4 Corporation. ) per : Clerk Lynda Millard 1 ' (9)Spouse(s)of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M 0 1 l (10)Transferors)Address ' for Service 9344 Plank Road , PO Box 160 , Straffordville Ontario NOJ 1Y0 (11)Transferee(s) Date of Birth Y M D SCHAFER°, Mathew . : .1942. .Q .0.4 . . . . 1 ` (12)Transferees)Address for Service PO Box 254 , Straffordville Ontario NOJ 1Y0 (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 0I 7 Y M D 1 f . . . ! SignatureI. ? 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 a determine that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and z belief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date•of Signature DName and • • Y M ' 0 E Address ofSignature l I . . O Solicitor I 1-4 Fa (14)5oficitor for Transferee{s)I have investigated theo this land and to abutting land where relevant and imam satisfied that the title records to reveal no contravention as set out in subclause 50 Al;(22)(C)(ii)of the Plannini�Act and that to the best of my knowledge and belief this transfer c a does not 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. m 141 a Lis:— Name and Date of Signature .b g Address of Y M 1 D a: L Solicitor 1 z Signature. .i. . . . . ... . . '. . (15) Assessment Roll Number 1 i Cty. 1 Mun.I Map I Sub. Par. >r Fees and Tax of Property ! i Not Assigned l 0 Registration Fee (16)Municipal Address of Property (17)Document Prepared by: co Land Transfer Tax Municipality of Bayham 7 • Not Assigned W 9433 Plank Road , Box 160 W m Straffordville Ontario 0 NOJ 1Y0 per : C. Judd p W Total Ontario Ministry otorFuelels end Finance Motor FProperty Identifier(s)No. Land Transfer Tax Affidavit Tobacco Tax Branch - Land Transfer Tax Act PO Box 625 33 Kmg St West Refer to Instructions on reverse side. Oshawa ON L1H 8119 In the Matter of the Conveyance of(insert brief description of land) Un o p e n Road Allowance between Lots 1'13 & 114 , Concession North of Talbot Road , in the Geographic Township of Bayham, now in the Municipality of Bayham, in the County of Elgin, BY(print names of all transferors In full) The Corporation of d P:ti VIA a f P d a c PARTS 7 . 8. 9 . 10 & 11 To dntnann oler}tr n R slin utii)y of Bapham, on Reference Plan 11R-8059 Mathew Schafer , I, MATHEW SCHAFER have personal knowledge of the facts herein deposed to and Make Oath and Say that: 1. I am(place a clear mark within the square opposite the following paragraph(s)that describe(s)the capacity of the deponents): [I (a) the transferee named in the above-described conveyance; O (b) the authorized agent or solicitor acting in this transaction for the transferee(s); ❑ (c) the President,Vice-President,Secretary,Treasurer, Director or Manager authorized to act for (the transferee(s)); 0 (d)a transferee and am making this affidavit on my own behalf and on behalf of (insert name of spouse or same-sex partner) who is my spouse or same-sex partner. o (e) the transferor or an officer authorized to act on behalf of the transferor company and ❑ I am tendering this document for registration and ❑ no tax is payable on registration of this document 2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid In cash $ 7 nn (b) Mortgages (1)Assumed(prrnclpat and lntereeg $ n i 1 All blanks (il)Given back to vendor $ n i 1 must be tilled (c)Property transferred In exchange (d.r a blow in para.5) $ n i 1 tn.insert (d)Other consideration subject to tax (detail below) $-11.3..1 ?J1"where (e)Fair market value of the lands (sea instruction 21 $. nil applicable. (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(mtai,t(®1 fo(e)) $-2-.1/0— $ 7 _ fl fl (g) Value of all chattels-items of tangible personal property which are taxable under the provisions of the n i l Retail Sales Tax Act $ (h) Other consideration for transaction not included in(f)or(g)above $ n 1 1 (I) Total Consideration $ 7 n n 3.To be completed where the value of the consideration for the conveyance exceeds$400,000.00. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed In the above-described conveyance: O does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or Ei contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence Is$ and the remainder of the lands are used for purposes. Note: Subsection 2(1)(b)imposes an additional tax et the rate of one-half of one per cent upon the value of the consideration In excess of$400,000.00 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lends are used for other then just residential purposes. 4.If consideration is nominal,is the land subject to any encumbrance? ❑Yes ®No 5.Olherremarksandexplanations,if necessary. XYMNRINT MIYI'MNNYNTYMitNNEUFYliTYtageYMNNXOLtiiiatiYTY Transfer of unopen road allowance by Municipality . Swomlaffirmed before me in the Town o f Strafforrly ' le, Mnni ri Pal i ty Bayham71/154-640) I( ail; the? this ayof County of Elgin,20 1 MATHEW SCHAFER Decembe e� A Commissioner taking as ry r,etc. Property info ation R cord A.Describe nature f instrument: Transfer/Deed o f Land (i) property ey (navailable) Not Assigned For Land Registry Office Use Only B. Address ofbeingeon ed Regie4atuar.tai (ii) Assessment Roll No.(If available) Not Assigned Repstreden Dei, ire-/Manthroav) C.Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed r PO Box 254 , Straffnrdvi11a Ontario NO,! L-,t ... i r. I i Land Reg.,try Mice No D.(i)Registration number for last conveyance of property being conveyed (ifavailable) (Ii)Legal description of property conveyed: Same as in D (i)above. EYes ONo :Not Known E.Name(s)and address(es)of each transferee's solicitor: N/,A School Support (Voluntary Electron)(see reverse for explanation) Yes No (a) Are all individual transferees Roman Catholic? ❑ (b)if Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? ❑ 0 (c)Do all individual transferees have French Language Education Rights? 0 (l (d) If Yes,do all individual transferees wish to support the French Language School Board(where established)? ❑ ❑ Note: As to(t)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed!(a)and(b). 0e49rc(2004-04)