HomeMy WebLinkAboutBy-law No. 2006-008 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2006-008
A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL
PROPERTY IN THE MUNICIPALITY OF BAYHAM
DESCRIBED AS PART OF LOT 1, CONCESSION 4,IN THE
MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 1
ON PLAN 11R-8373.
WHEREAS Section 8 of the Municipal Act,2001, S.O. 2001, c. 25,as amended,provides that a
municipality has the capacity, rights,powers, and privileges of a natural person for the purpose of
exercising its authority under this or any other Act.
WHEREAS Subsection 81 (2)of the Cemeteries Act(Revised), R.S.O. 1990, c. C.4 as amended,
provides in part that the council of a municipality may pass by-laws authorizing the acquisition of
land within the municipality or in an adjacent township or unorganized territory for a cemetery or
for the enlargement of an existing cemetery owned by the municipality;
AND WHEREAS the Council of the Municipality of Bayham is desirous of acquiring property
from C.D.Phillips Limited for the purpose of expansion for the Calton Cemetery;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve an
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 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 C.D. Phillips Limited, being part of Lot 1, Concession 4, in the
geographic Township of Bayham, County of Elgin,being Part 1 on Plan 11R-8373.
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 this by-law shall come into full force and effect upon final passing,
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY
OF FEBRUARY 2006.
dt 4 } 041-Lo c -'7).075)611, -4-N111, ‘ek-ii)
MARd A
CLERK
Municipality of Bayham
Agreement of Purchase and Sale
I/we, the undersigned, agree to accept as full compensation due for land to be purchased for
future cemetery purposes, including injurious affection, the consideration outlined in detail
below:
1. The lands comprise 1.2U acres, and are described as part of Lot 1, Concession 4, in the
geographic Township of Bayham, County of Elgin,being Part 1 on Plan 11R-8373.
2. The lands shall be transferred free from any and all encumbrances.
3. The compensation for the lands being acquired shall be$6,000.
4. Survey and legal fees to complete this transfer shall be at the expense of the Municipality.
The owner acknowledges that the municipal lawyer shall also represent the owners
interest in this transaction.
It is further understood that no verbal promises have been made except as indicated in writing in
this agreement.
So far as Uwe know, I/we are the owner(s) entitled to convey the land required by the
Municipality as described in clause 1 of this agreement.
C.D. Phillips Limited,
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wave authority to bind the Corporation)
L LYNDA MILLARD, CLERK ---
of the Corporation of the MunicipaIIty of Bayltmi.
certify tb l��ffpredgoing i a certified true copyhL
aLLJ 1:13 '.. y o ,,-1-64,\
1 A
Corporation of the Municipality of Bayham j `p
Yg4Lki gJ6)2
Mayor 1.
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Cl-k
El ha
Province Do Process Software Ltd. • (418)322-6111
Ontario
Document General
Form 4--Land Registration Reform Act
1�—
(1)Registry Land Titles ❑ (2) Page 1 of 3 pages
(3)Property Block •Property Additional: ❑
Identifier(s)
See
Schedule
r-! p- - 3 (4)Nature of Document
CD "•
' I BY-LAW
" = - (5)Consideration
i. crjZ t.�7 ," )
0 cy ,. . L`- Dollars$
Li]
CO- r-t (6)Description
id ..
U
o i ., Part of Lot I, Concession 4,in the Geographic Township of Bayham,in the
IX Township of Bayham, County of Elgin,
o being PART 1, on Plan 11R-8373.
u.
New Property Identifiers
Additional:
Schedule ❑
Executions
(7) This (a)Redescription (b)Schedule for:
Additional: Document New EasementAdditional
See Contains:
Plan/Sketch ❑ Description ❑ Parties ❑ Other X
Schedule 11:1
(8)This Document provides as follows:
SEE SCHEDULE-BY-LAW 2006-008
Continued on Schedule❑
s
(9)This Document relates to instrument number(s) ih,'
(10)Party(ies) (Set out Status or Interest)
Name(s) Signatu - II Date of Signature
Y M D
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Per: 2006 10 31
Name: "OTT K.CAMPBELL
BY ITS SOLICITORS,GIBSON,LINTON,.TOTH,
CAMPBELL &BENNETT
(11) Address Corporation or r MunicipalityBayham, Straffordville,
for Service Thepo ation of the of Box 160, 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
uu
GIBSON,LINTON,TOTH,CAMPBELL S
&BENNETT u,
36 Broadway,Box 5, o
Tillsonburg,Ontario.N4G 4113 ce
1
Total
Document prepared using Forint Ware LandForms
Municipality of Bayham
Agreement of Purchase and Sale
I/we, the undersigned, agree to accept as full compensation due tor land to be purchased for
future cemetery purposes, including injurious affection, the consideration outlined in detail
below:
1. The lands comprise 1.20 acres, and are described as part of Lot 1, Concession 4, in the
geographic Township of Bayham, County of Elgin,being Part 1 on Plan 11R-8373.
2. The lands shall be transferred free from any and all encumbrances.
3. The compensation for the lands being acquired shall be$6,000.
4. Survey and legal fees to complete this transfer shall be at the expense of the Municipality.
The owner acknowledges that the municipal lawyer shall also represent the owners
interest in this transaction.
It is further understood that no verbal promises have been made except as indicated in writing in
this agreement.
So far as I/we know, I/we are the owner(s) entitled to convey the land required by the
Municipality as described in clause 1 of this agreement.
C.D. Phillips Limited,
-`(T have authority to bind the Corporation)
Corporation of the Municipality of Bayham
girdlit.../j
Mayor
,.rk ti
Cl-rk
� Province Transfer/Deed of Land Do Process Software Ltd. (416)322 6111 A
� a of Ontario
Form 1—Land Registration Reform Act
( -\T h
(1)Registry ❑X Land Titles n (2) Paget of pages
(3) Property Block Property
Identifier(s) Additional:
ee
a:+ C D Schedule ❑
94 .CD (4)Consideration
i� =- SIX THOUSAND---- Dollars 6,aao.o0
Iz5--
O C., c : (5)Description This is a: Property Property
u) 1_f, Division ❑ Consolidation n
D Sr--
C.—
U :. t -.'-, t
i Part of Lot 1, Concession 4,in the Geographic Township of Bayham,in the
Township of Bayham, County of Elgin,
o 3 New Property 1dentifi¢tt t " being PART 1, on Plan 11R-8373.
O ', Additional:
r,5 See
Schectula
Executions
i
Additional:
See
Schedule
(6)This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains ❑ Other U
Plan/Sketch U Description Parties
(8)Transferor(s)The transferor hereby transfers the land to the transferee .......-..,.4-. .1.,:. ,i.>:v. o - rr i.=',::+ i Ar.. K. -v ..31101a t C
c`
f�''rr Date of Signature
Y M D
Name(s) Signatur (s f /
C. D.PHILLIPS LIMITED Per: -'G G- 2006 07 3 1
Na . ries David Phillips
I have authority to bind the Corporation. Tit e: resident
(9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
(10) Transferor(s)Address R.R. #6,Aylmer, Ontario NSH 2R5
for Service
(71}Transferee(s) Date of Birth
THE CORPORATION OF Y M D
THE MUNICIPALITY OF BAYHAM
(12)Transferee(s)Address
for Service P. O.Box, 9344 Plank Road,Straffordville, Ontario,NO3 1Y0
for
(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 0 Y M 0
Signature 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
p 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
p does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature
°- Name and Y M D
o Address of
U 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
Ey) 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 Al L., 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 t. g,
a. i t'22
°1YN
2t Name and
f,.1-' Address of Date of Signature
z Solicitor Y M D
Signature
(15)Assessment Roll Number Cty. Mun. Map Sub. Par. Fees and Tax
of Property z
(16)Municipal Address of Property (17)Document Prepared by: 0 Registration Fee
SCOTT K. CAMPBELL S Land Transfer Tax
Gibson,Linton,Toth,Campbell &Bennett U
Barristers & Solicitors .E.
36 Broadway,Box 5, o
Tillsonburg,Ontario N4G 4113. cc
Total
Document prepared using Form'L'Ware LandForms
Do Process Software Ltd. • (416)322-6111
Property Identifier(s)No.
MinistryoiFinance r 1 Land Transfer Tax Affidavit
V Ontario Arlotor Fuels and
Tobacco Tax Branch Land Transfer Tax Act
PO Box 625
33 King St West
Refer to instructions on reverse side. Oshawa ON L1 H 8H9
In the Matter of the Conveyance of(insert brief description of land) Part of Lot 1, Concession 4,in the Geographic
_Townhip of Bayham, County of Elgin. being PART 1.on Plan 11R-8373
By (print names of all transferors in full) C.D.PIILLIPS LIMITED
TO (print names of all transferees in full) TIF,CORPORATION OF THE MUNiCiPAi,iTY QF BAYHOM
f SCOTT K. CAMPELL
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;
❑ (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));
❑ (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 $ 6,000.00
(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(e)to(e)) ,$ 6,000.00$ 6,000.00
(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 . . .$ 6.000.00
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.
Sworn/affirmed before me in the TOWN of TILLSONBURG
COUNTY of OXFORD
Q Com,to-e r'— SC T K.CAM-PBg
EI nature(s)
this ` " day of fie` ,20 06
MARSH t CAMPBELL mut L4W oN,Tcal f�C»
it
A urn ionerfor taking Affidavits,a c•
• • ,/exe.2.2.6,4".1(
°AmpBEuaBEhtdEIniGor"rT,Bartistetsa� '
frac Fetalani 9,2931
Property Information Record
A. Describe nature of instrument: Transfer/Deed of Land
B. (i) Address of property being conveyed(if available) For Land Registry Office Use Only
NOT ASSIGNED Fre istritron No
(ii) Assessment Roll No.(if available) NOT ASSIGNED
C. Meiling addresses)fur future Notices of Assessment under the Assessment Act for property being conveyed Registr.3tion Oat fy,e ;FvDs
Box 160, 9344 Plank Road,Straffordville, Ontario NO.I 1Y0
'
Lyrtd;xvgistry mite No
D. (i) Registration number for last conveyance of property being conveyed(if available)
(ii) Legal description of property conveyed: Same as in D(i)above. ❑Yes ❑X No ❑Not known
E. Name(s)and address(es)of each transferee's solicitor: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(2004-041
CERTIFICATE #:
NO DE CERTIFICAT:
04600356-0343564B
CLEAR CERTIFICATE / CERTIFICAT LIBRE
SHERIFF OF /
SHERIF DE: COUNTY OF ELGIN (ST. THOMAS)
DATE OF CERTIFICATE /
DATE DU CERTIFICAT : 2006-11-17
THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR
CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST
THE REAL AND PERSONAL PROPERTY OF:
JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION,
NI DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION
AU MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE:
SURNAME / NOM GIVEN NAME (S) / PRENOM(S)
(COMPANY/SOCIETE) C.D. PHILLIPS LIMITED
CAUTION TO PARTY REQUESTING SEARCH:
ENSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED.
THIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE.
AVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE:
ASSUREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS BST LE MEME QUE CELUI QUI
EST RECHERCHE . CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE
DE TRAVAIL.
CHARGE FOR THIS CERTIFICATE /
FRAIS POUR CE CERTIFICAT : $11. 00
SEARCHER REFERENCE /
REFERENCE CONCERNANT L'AUTEUR DE LA DEMANDE: