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HomeMy WebLinkAboutBy-law No. 2005-063 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2005-063 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A QUIT CLAIM DEED FOR LANDS DESCRIBED AS BROCK STREET, EAST OF STRACHAN STREET, ACCORDING TO REGISTERED PLAN 197 FOR THE VILLAGE OF PORT BURWELL, SAVE AND EXCEPT THAT PORTION DESIGNATED AS PART 1, REGISTERED PLAN 11R-3740, IN THE MUNICIPALITY OF BAYHAM (VINCE) WHEREAS the current resident of property known locally as 14 Strachan Street in Port Burwell has provided legal opinion that they have a valid claim to the title of a portion of Brock Street, as shown on Registered Plan 197 for the Village of Port Burwell,by way of adverse possession; AND WHEREAS previous residents of the subject parcel filed a Declaration of Possession at the Elgin County Registry Office July 21, 1975, as Instrument No. 185270; AND WHEREAS the current resident of the subject parcel and their solicitor have requested the Municipality of Bayham to execute a Quit Claim Deed for the subject parcel; AND WHEREAS the Council for the Municipality of Bayham deems it necessary and expedient to execute a Quit Claim Deed to the current resident,Nancy Vince, for the subject parcel; NOW 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 Quit Claim Deed for lands described as Brock Street, East of Strachan Street, according to Registered Plan 197 for the Village of Port Burwell, save and except that portion designated as Part 1, Registered Plan 11R-3740, in the Municipality of Bayham. 2. THAT this By-law shall take effect upon the date of its passing. 3. THAT this By-law and the Quit Claim Deed shall be registered in the Land Registry Office for the Registry Division of Elgin No. 11. READ A FIRST AND SECOND TIME this 7th Day of July, 2005. READ A THIRD TIME AND FINALLY PASSED this 7th Day of July,2005.jr, A API Ade, • CLERK 1 . ' or Province +� OTransfer/Deed of Land SoftDoese Wordprocessor Interface ,_ Ontario Form 1 —Land Registration Reform Act Y 1(1) Registry © Land Titles 0 I (2) Page 1 of 2 pages (3) Property Block Property C+'3 " ` Identifier(s) Additional: r..- ,0 c..) Schedule El N (4) Consideration ` `` NIL o "°' q 00/100 Dollars $NIL cot, c, (5) Description This is a: Property Property i....7 ` f-C) Division ❑ Consolidation 0 W t) tt 1 }: U F- u. Municipality of Bayham, cc ,ii �.: CA F = (formerly Village of Port Burwell), o New Property Identifiers 11-1 °.'1 County of Elgin, CD Additional: ' - See being that part of Brock Street, Plan 12 Schedule 0 lying East of Strachan Street as shown on Plan 197, Executions Save and except Part 1 on Plan 11R-3740. Additional: Schedule ❑ Being the lands lastly described in Instrument No. 391390. (6) This (a)Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New Easement ,__, Additional Fee Simple Contains Plan/Sketch Description ® Parties ❑ Other ❑ Quit Claim (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that Date of Signature Name(s) Signature(s) Y M D THE.CORPORQ►TION.OF.THE Per: aeA ..2.005 07 21 MUNICIPALITY OF BAYHAM Name: /-y ge-r-.e- Position: n o r e Per . : `tet 20.0 .. .07.a.O. Name ° 1D Q We have authority to bind the Corporation Office: C.,1-4_1-'IC (9) Spouse(s)of Transferor(s) I hereby consent to this transaction. Date of Signature Name(s) Signature(s) Y M ID (10) Transferor(s)Address for Service P. O. Box 160, 9344 Plank Road, Straffordville, Ontario NOJ 1Y0 (11) Transferee(s) Date of Birth Y M ID Y. T.CE,.Nancy.Lee 1943.. .02. 24.. (12) Transferee(s)Address for Service 14 Strachan Street, Port Burwell, Ontario NOJ ITO (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 V . M D Signature Signature J 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 I 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 p belief,this transfer does not contravene that section.l am an Ontario solicitor in good standing. Date of Signature OName and Y M D 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 a T— 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 0' ti" 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 E m c to standing. et E!_,u d Bi-a' int` Name and c.:.4, Address of �.. Date of Signature dgC Solicitor Y . M . D 0 en Signature , (15) Assessment Roll Number Cly. Mug,. Map Sub. Par, I I Fees and Tax of Property 34 01 000 001 12400 >- J z Registration Fee (16) Municipal Address of Property (17) Document Prepared O P P Y by: John Hogan u) Land Transfer Tax 14 Strachan Street HENNESSEY GIBSON HOGAN1te w Port Burwell, Ontario 99 Edward Street ti NOJ 1TO St.Thomas, Ontario N5P 1Y8 0 rr File 14713-1 2 Total SoftDocs is a registered trade mark of StyleUs Corporation,Toronto,Canada. LRRA Form 1 1111992 )WordpracessorInterface LTTA 812004 (is a registered trade mark of StyleUs Corporation. Ministry of Finance 2 Motor Fuels and Property Identifier(s)No. Land Transfer Tax Affidavit Ontario Tobacco Tax Branch Po Box 625 Land Transfer Tax Act 33 King Street West Refer to instructions on reverse side. Oshawa ON L1H 8H9 In the Matter of the Conveyance of (insert brief description of land)Municipality of Bayham, County of Elgin formerly.Village of Port Burwell, being that part of Brock Street, Plan 12, lying East of Strachan Street, as shown on Plan 197 BY(print names of all transferors in full) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO (print names of all fransferes in full)NANCY LEE VINCE . i NANCY LEE VINCE 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 describes)the capacity of the deponents): ❑ (a) the transferee named in the above-described conveyance; ❑ (b) the authorized agent or solicitor acting in this transaction for the transferee(s); ❑ (c) the President,Vrce-President,Secretary,Treasurer,Director or Manager authorized to act for (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 $ - Ni (b) Mortgages (i)Assumed(principal and inreras{I . . . $ Ni blanks must be filled in. (ii)Given back to vendor . $ Ni insert"Nit (c) Property transferred in exchange(detail belnwlnparagraph 5) $ Ni where (d) Other consideration subject to tax(dotal 1berowi $ Ni applicable. (e) Fair market value of the lands(see tnstntction ) . . $ Ni (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(Total of(a)to(a)) . . , . . , . . . • $__-, Ni $ Nil (g) Value of all chattels—items of tangible personal property which are taxable under the provisions of the Retail Sales Tax Act $ Nil (h) Other consideration for transaction not included in(f)or(g)above . . . . $ _ Nil (i) Total Consideration $ MI 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 percent upon the value of 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 the consideration Is nominal,is the land subject to any encumbrance? ❑ Yes 1;A No 5. Other remarks and explanations,if necessary.Quit Claim Deed from Transferor to Transferee. Sworn/affirmed before me in the City of St. Thomas. L (-1 in the County algin ti - ' °� Signature(s) this_ 9 try •ay of August ,2005Nancy Lee Vince `r. A Commission •i1nvits,etc. Property nformation Record A. Describe nature of instrument:Transfer/Deed of Land (Quit Claim Deed) 14 Strachan Street Port Burwell, ON For Land Registry Office Use Only B. (i) Address of property being conveyed(iravaRabtej ,_ NW ITO RegrstraUon No (ii) Assessment Roll No.(rt available)34.01 002 001 12400 C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed Registration Date (VearfiNaninloay) 14 Strachan Street Port Burwell, ON Nal 1T0.___ r I1 f r 1 Land Registry Office No Cl. (i) Registration number for last conveyance of property being conveyed 0favailable)391 390 (ii) Legal description of property conveyed: Same as in D.(i)above. ®Yes ❑ No [] Not Known E. Name(s)and address(es)of eacll transferee's solicitor:HENNESSEY GIBSON HOGAN LLP 99 Edward Street. 2n Floor, St. Thomas. ON N5P 1Y8 School Support(Voluntary Election) (See reverse for explanation) Yes No (a) Are all individual transferees Roman Catholic? 0 ❑ (b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? ❑ El (c) Do all individual transferees have French Language Education Rights? 0 ID (d) If Yes,do all Individual transferees wish to support the French Language School Board(where established)? ❑ ❑ Note: As to(c)and(c)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). 0449K(2004-04) Document prepared by Hennessey Gibson Hogan LLR Barristers and Solicitors,Si,Thomas,Ontario 11 Province Document General So>tDoes°Wordprocessor interface D � ;P of ' ., _� Ontario Form 4—Land Registration Reform Act (1) Registry El Land Titles ❑ (2) Page 1 of 2 pages (3) Property Block Property Identifier(s) Additional: See Ill C" (4) Nature of Document w- ti..) F- c. :N BY-LAW J _;1 �- C:: F. (5)` Consideration Z 1.3- 0 ..J 3.Ow" I" Dollars$ w Lt. - K" 1 '= to (6),Description W ' ; ,.: Municipality of Bayham, County of Elgin LI LI c-, .. _ formerly Village of Port Burwell, being o = i. +r `. . that part of Brock Street, Plan 12, o w - lying East of Strachan Street, as shown on Plan 197 SAVE AND EXCEPT Part 1 on Plan 11 R-3740 New Property Identifiers Additional: See ❑ Being the lands lastly described in instrument Number Schedule391390. Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement Additional SeeContains: Schedule ❑ Plan/Sketch ❑ Description 0 Parties ❑ Other 0 (8) This Document provides as follows: See Schedule attached 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 THE MUNICIPALITY OF BAYHAM • by its solicitor JOHN E. HOGAN iril 2005 08 11 (11) Address for Service P.O. Box 160, 9344 Plank Road, Straffordville, ON NOJ 1YO (12) Party(ies)(Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M I) (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: ii Fees and Tax J z Registration Fee JOHN E. HOGAN w 14 Strachan Street HENNESSEY GIBSON HOGAN LLP t Port Burwell, ON NOJ ITO 99 Edward Street I St.Thomas, Ontario N5P 1Y8 LI JEHNC #14713.1 o rr 2 Total SoltDocs is a registered trade mark of StyleUs Corporation,Toronto,Canada. t.RRA Form 4 11/1992 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2005-063 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A QUIT CLAIM DEED FOR LANDS DESCRIBED AS BROCK STREET,EAST OF STRACHAN STREET,ACCORDING TO REGISTERED PLAN 197 FOR THE VILLAGE OF PORT BURWELL, SAVE AND EXCEPT THAT PORTION DESIGNATED AS PART 1, REGISTERED PLAN 11R-3740, IN THE MUNICIPALITY OF BAYHAM(VINCE) WHFREAS the current resident of property known locally as 14 Strachan Street in Port Burwell has provided legal opinion that they have a valid claim to the title of a portion of Brock Street,as shown on Registered Plan 197 for the Village of Port Burwell,by way of adverse possession; AND WHEREAS previous residents of the subject parcel filed a Declaration of Possession at the Elgin County Registry Office July 21, 1975,as Instrument No. 185270; AND WHEREAS the current resident of the subject parcel and their solicitor have requested the Municipality of Bayham to execute a Quit Claim Deed for the subject parcel; AND WHEREAS the Council for the Municipality of Bayham deems it necessary and expedient to execute a Quit Claim Deed to the current resident,Nancy Vince,for the subject parcel; NOW 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 Quit Claim Deed for lands described as Brock Street,East of Strachan Street,according to Registered Plan 197 for the Village of Port Burwell,save and except that portion designated as Part 1,Registered Plan 11R-3740,in the Municipality of Bayham. 2. THAT this By-law shall take effect upon the date of its passing. 3. THAT this By-law and the Quit Claim Deed shall be registered in the Land Registry Office for the Registry Division of Elgin No. 11. READ A FIRST AND SECOND TIME this 7th Day of July,2005. READ A THIRD TIME AND FINALLY PASSED this 7th Day of July,2005. M• r Au— I, LYNDA MILLARD, CLERK _T71 of the Corporation of the Municipality of Bayharn, certi t the foregoing is a certified true copy a�#€.i sths day of 9-tav