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HomeMy WebLinkAboutBy-law No. 2005-018 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2005-018 A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOT 27,CONCESSION 8,IN THE MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 2 ON PLAN 11R-8275. 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 Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS the Council of the Municipality of Bayham is desirous of acquiring property for the purpose of road improvements for the road known as Coyle Road; AND WHEREAS the Council of the Municipality of Bayham deems it expedient to dedicate said lands as a public highway; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the acquisition and dedication by by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to provide for the purchase of real property from Grant and Mary Ann Harbey, being part of Lot 27, Concession 8, in the Municipality of Bayham,designated as Part 2 on Plan 11R-8275; 2. AND THAT the said acquisition of real property shall be in accordance with the Land Purchase Agreement attached hereto as Schedule "A" and forming part of this By-law; 3. AND THAT the lands designated as Part 2 on Plan 11R-8275 be dedicated as part of the public highway known as Coyle Road; 4. AND 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 3rd DAY OF MARCH 2005. AO ��` CLERK Municipality of Bayham Land Purchase Agreement I/we, the undersigned, agree to accept as full compensation due for land to be purchased for road improvement purposes, including injurious affection, the amount outlined in detail below: 1. The area of land involved is approximately 0.716 acres. 2. The lands shall be transferred free from any and all encumbrances. 3. The compensation for the lands being acquired and for other injurious affection shall be N/A dollars per acre, or$4,000.00 in total. 4. The legal survey shall be completed at the expense of the Municipality to establish the limits of the land acquisition. 5. Other conditions of this land purchase agreement are as follows: Screening(cedars) to be placed in the southeast corner of the subject lands (final location and number to be determined by the Municipality) The traveled portion of Coyle Road to be closed will be removed to the Municipality's satisfaction, and the lands retained by the Municipality for the period that Grant Thomas and Mary Ann Harvey reside at the subject property. Wood remaining from the clearing of trees carried out by the Municipality for the road realignment on the subject lands shall be provided to the Owner. Any topsoil surplus to the needs of the Municipality taken from the subject lands during road realignment shall be provided to the Owner A copy of the survey of the acquired lands will be provided to the Owners - The Municipality will be responsible for legal and survey costs to complete the land transfer. It is further understood that no verbal promises have been made except as indicated in writing on this agreement and this agreement does not bind the Municipality until accepted by the Municipal Council and is subject to rejection by the Council in which case this agreement becomes null and void. So far as I/we know, I/we are the owner(s) entitled to convey the land required by the Municipality being part of Lot 27, Concession 8, in the Municipality of Bayham, identified by Roll#34-01-000-006-09410 Signature of Owner(s) Grant Thomas Harvey Date ary : Harv-y ate For the Municipality Province Do Process Software Ltd. •• (416)322-6111 . sD ,,r. of Document General Form 4—Land Re,Istratinn Reform Act 1I (1)Registry ® • Land Titles ❑ (2) Page 1 of ?.. pages (3)Property Block Property Additional: ID AASde Schedule GU - 1- E'er (4)Nature of Document =- s: C. s BY-LAW Cs-.1 r- .....t >- = t"— (5)Consideration Ia.: p,_ O 1,,t) c ; .. 6 7Dollars 3 w Q Co O C'a : (6)Description w ca i 1 Y ' ,0—� i-- ' >rt of Lot 27, Concession 8, L.L. lar. \ eographic Township of Bayham, t Et co Municipality of Bayham, County of 000 A Lir 0 being designated as PART 2, on Plan 11R-8275. New Property Identifiers Additional: See El Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New EasementAdditional See Contains: Schedule ElPlan/Sketch ❑ Description ❑ Parties ❑ Other El (8)This Document provides as follows: see Schedule -BY-LAW- 2005-018 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 THE CORPORATION OF TILE MUNICIPALITY OF BAYHAM PER: 2OO NAME : Ve2)".. We have the authority to bind the Corporation. TITLE: MA }� 2005 ' PER: 8-3- Q9 NAME:k'Vivvr9 /7A444€l TITLE: CLERK (11) Address for Service BOX 160,STRAFFORDVILLE,ONTARIO NOJ 1Y0 (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D (13) Address ' for Service (14)Municipal Address of Property (15)Document Prepared by: >- Fees and Tax J SCOTT K. CAMPBELL p Registration Fee Lu GIBSON,LINTON,TOTH,CAMPBELL road allowance &BENNETT w U Straffordville,Ontario 36 Broadway,Box 5, o NOJ 1Y0 Tillsonburg,Ontario.N4G 4H3 tr 0 Total h'fi,, Document prepared using Farm'LWare LandForms THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2005-018 A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOT 27,CONCESSION 8,IN THE MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 2 ON PLAN 11R-8275. 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 Section 11 of the Municipal Act, 2001, S.O.2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways,including parking and traffic on highways; AND WHEREAS the Council of the Municipality of Bayham is desirous of acquiring property for the purpose of road improvements for the road known as Coyle Road; AND WHEREAS the Council of the Municipality of Bayham deems it expedient to dedicate said lands as a public highway, AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve the acquisition and dedication by by-law; NOW THEREFORE I'HE COUNCIL OF THE CORPORATION OF 1'13h, MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: I. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to provide for the purchase of real property from Grant and Mary Ann Hartley,being part of Lot 27,Concession 8,in the Municipality of Baybarn,designated as Part 2 on Plan 11R-8275; 2. AND THAT the said acquisition of real property shall be in accordance with the Land Purchase Agreement attached hereto as Schedule"A"and forming part of this By-law; 3. AND THAT the lands designated as Part 2 on Plan 11R-8275 be dedicated as part of the public highway known as Coyle Road; 4. AND 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 3"d DAY OF MARCH 2005. CLERK 1, LYNDA MILLARD, CLERK of t'-" f'^-*, +.?^n of the Municipality of Bayhare, oer4 t. x, is a certified true cc^y Province Do Process Software Ltd. •• (416)322-6111 =MI Province of Transfer/Deed of Land A • Ontario Form 1--Land Registration Reform Act 1 „.__ 1/ C., c-) _ `; (1)Registry ❑X Land Titles ❑ (2) Page 1 of r L. pages ) ,� "~`� ; s (3) Property Block Property Additional: c.: r; Identifier(s) ❑ See r 7 , r {--- Schedule tet t— • . (4)Consideration Lf) = i. =6— c.: ^ FOUR THOUSAND Dollars$4,000.00 o Q toz �Wr C (5)Description This is a: Property Property - n j iy. c, ,w Division Consolidation LiL i. u.� ` C.a + , U +..+t ' .:.c}:Part of Lot 27, Concession 8, 0 " Geographic Township of Bayham, D= New Property Identifiers Municipality of Bayham, County of ,0[ •.iN o See ditional: being designated as PART 2,on Plan 11R-8275." Schedule ❑ Executions Additional: See El (6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New EasementAdditional Fee Simple Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑ (6)Transferor(s)The transferor hereby transfers the land to the transferee and certifies that the tran,lenor is at least eighteen years old and that We are spouses of one another. Date of Signature Name(s) Signatur:. Y M D HARVEY, Grant Thomas -I flivsfr 7 Odin vC,�.J 2005 6'1 HARVEY, Mary Ann ,,,6,7a,...._..4(.7.,• _ 2005 Ij o l (9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M 0 (10) Transferor(s)Address R.R. #6, Tillsonburg, Ontario N4G 4G9 for Service g (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (12) Transferee(s)Address Box 160 Straffordville Ontario NOJ 1Y0 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 M D Signature J 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 H does not contravene that section.1 am an Ontario solicitor in good standing. Date of Signature a Name and Y M 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 c 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 Eahs 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 II E S 0E- ... g°' Name and L Address of Date of Signature Solicitor Y M D 01 Signature (15)Assessment Roll Number Cly. Mun. Map Sub. Par. ill, Fees and Tax of Property not assigned z O Registration Fee (16)Municipal Address of Property (17)Document Prepared by: w SCOTT K. CAMPBELL S Land Transfer Tax GIBSON,LINTON, TOTH, CAMPBELL 6 road allowance &BENNETT L.T. Straffordville, Ontario 36 Broadway,Box 5, o NOJ 1YO Tillsonburg,Ontario.N4G 4H3 0 ql Total Document prepared using Farm'L'Ware LandForms Do Process Software Ltd. • (416)322-6111 Page 2 Property Identifier(s)No. Ministry of Finance Land Transfer Tax Affidavit Ontario Motor Fuels and Tobacco Tax Branch Land Transfer Tax Act PO Box 825 33 King St West Refer to instructions on reverse side. Oshawa ON LIN 81-19 In the Matter of the Conveyance of(insertbriefdescriptionofland) 1 I I { ! . 't r _ ? r r r • I r t r Bayham.Municipality of Bayham, County of gad;being designated as PART 2,on Plan 11R-8275. By (print names of all transferors in full) Grant Thomas Harvey and Mary Ann Harvey TO (print names of all transferees in full) The Corporation Of The Municipality Of Bayham r SCOTT K. CAMPBELL 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): ❑ (a) the transferee named in the above-described conveyance; ❑X (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 f. (the transferee(s)); ❑ (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. ❑ (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 .$ 4,000.00 (b)Mortgages(i)Assumed(principal and interest) .$ Nil All blanks (ii)Given back to vendor .$ Nil must be filled (c)Property transferred in exchange(detail below in para.5) .$ Nil in.Insert (d)Other consideration subject to tax(detail below) . . . .$ Nil "Nil"where (e)Fair market value of the lands(see Instruction 2) . . . .$ Nil applicable. (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(Total of(a)to(e)) . .$ 4,000.00$ 4,000.00 (g)Value of all chattels-items of tangible personal properly which are taxable under the provisions of the Nil Retail Sales Tax Act . . . . . . .$ (h)Other consideration for transaction not included in(f)or(g)above . . . .$ Nil (i)Total Consideration .$ 4.000.00 3. To be completed where the value of the consideration for the conveyance exceeds$400,000.00. I have read and considered the definition of"single family residence"set out in subsection 1(1)of the Act.The land conveyed in the above-described conveyance: ❑ does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or ❑ contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ and the remainder of the lands are used for purposes. Note: Subsection 2(1)(b)imposes an additional tax at 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 lands are used for other than just residential purposes. 4. If consideration is nominal,is the land subject to any encumbrance? ❑Yes ❑No 5. Other remarks and explanations, if necessary. property being conveyed to the Muni ' ality for road widening purposes. Sworn/affirmed before me in the Town of Tillsonburg County of Oxford Signature(s) this /p2 day of 20 05 ` L;ARS4+.A Lr.IN CAME TELL,a Commissioner,etc.. t Curly ui G:,r {,;,tr X1950"s',L'1TO'l,TOTH, A o tssioner for taking Affida ret CM° E-&-BRif4e�F,Sariisters and Solicitors. Expires February 9,2006. Property Information Record A. Describe nature of instrument: Transfer/Deed of Land B. (i) Address of property being conveyed(if available) Fot Land Registry Office Use Only road allowance,Straffordville,Ontario,NOJ 1Y0 Registration No (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 Registration Dat; (year/Mum/Day) Box 160, Straffordville, Ontario NOJ 1170 _ I I 1 I I I Land Registry Office No D. (i) Registration number for last conveyance of property being conveyed pi available) (ii) Legal description of property conveyed: Same as in D(i)above. ❑Yes ❑No ❑Not known E. Name(s)and address(es)of each transferee's solicitor: SCOTT K.CAMPBELL,GIBSON,LINTON,TOTH,CAMPBELL,&BENNETT 36 Broadway,Box 5,Tillsonburg,Ontario.N4G 4113 School Support(Voluntary Election)(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? ❑ ❑ (c) Do all individual transferees have French Language Education Rights? ❑ ❑ (d) If Yes,do all individual transferees wish to support the French Language School Board(where established)? ❑ ❑ Note: As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). 0449K(2004-04)