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By-law No. 2007-067 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2007-067 A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOT 132, CONCESSION NORTH TALBOT ROAD, DESIGNATED AS PART 2 ON PLAN 11R-8713 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 Carolyn Gayle Dennis for the purpose of expansion for the Guysboro 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 Carolyn Gayle Dennis,being part of Lot 132,Concession North Talbot Road,Designated as Part 2 on Plan 11R-8713. 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 7TH DAY OF JUNE 2007. / AJD C. MAYOR/ CLERK LRO# 11 Transfer Receipted as CT17393 on 2007 08 27 at 14:28 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 35336 - 0134 LT Interest/Estate Fee Simple I Split Description PT LT 132 CON NTR; DESIGNATED AS PART 2, PLAN 11R-8713, BAYHAM Address 57546 HERITAGE LINE BAYHAM Consideration J Consideration $640.00 Transferor(s) J The transferor(s) hereby transfers the land to the transferee(s). Name DENNIS,CAROLYN GALE Address for Service 3915 Stacey Crescent London, Ontario N6P 1E8 I am at least 18 years of age. I am not a spouse This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service Box 160 Straffordville, Ontario NOJ 1Y0 Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2007 08 27 Tillsonburg Transferor(s) N4G 41-13 Tel 519-842-3658 Fax 5198425001 Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2007 08 27 Tillsonburg Transferee(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Submitted By GIBSON, LINTON,TOTH, CAMPBELL&BENNETT 36 Broadway, Box 5 2007 08 27 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 'tees/Taxes/Payment Statutory Registration Fee $60.00 Land Transfer Tax $3.20 Total Paid $63.20 File Number Transferee Client File Number: MUNICIPALITY OF BAYHAM LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35336-0134 PT LT 132 CON NTR;DESIGNATED AS PART 2, PLAN 11R-8713,BAYHAM BY: DENNIS, CAROLYN GALE TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(all PINS) 1. SCOTT K. CAMPBELL lam 7 (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 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM described in paragraph(s)(c)above. (e)The President,Vice-President, Manager,Secretary, Director, or Treasurer authorized to act for described in paragraph(s)U above. (f)A transferee described in paragraph ()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph L)and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a)Monies paid or to be paid in cash 640.00 (b) Mortgages (i)assumed (show principal and interest to be credited against purchase price) 0.00 (ii)Given Back to Vendor 0.00 (c)Property transferred in exchange(detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e)Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f)Other valuable consideration subject to land transfer tax(detail below) 0.00 (g)Value of land, building,fixtures and goodwill subject to land transfer tax(total of(a)to (f)) 640.00 (h)VALUE OF ALL CHATTELS- items of tangible personal property 0.00 (i)Other considerations for transaction not included in(g)or(h)above 0.00 (j)Total consideration 640.00 PROPERTY Information Record A.Nature of Instrument: Transfer LRO 11 Registration No. CT17393 Date: 2007/08/27 B. Property(s): PIN 35336 -0134 Address 57546 HERITAGE Assessment - LINE Roll No BAYHAM C.Address for Service: Box 160 Straffordville, Ontario NOJ 1Y0 D. (i)Last Conveyance(s): PIN 35336 -0134 Registration No. E409385 (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes L No Not known E.Tax Statements Prepared By: Scott Keith Campbell 36 Broadway, Box 5 Tillsonburg N4G 4H3 LRO# 11 Discharge Of Charge Receipted as CT21432 on 2007 11 15 at 14:00 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 35336 - 0307 LT Description PT LT 132 CON NTR BAYHAM DESIGNATED AS PART 2 11R8713; BAYHAM ; SIT SPOUSAL INTEREST IN E306041 Address 57546 HERITAGE LINE BAYHAM Document to be Discharged Registration No. Date Type of Instrument E431732 2003 12 22 Charge/Mortgage Discharging Party(s) This discharge complies with the Planning Act.This discharge discharges the charge. Name CANADIAN IMPERIAL BANK OF COMMERCE Address for Service 440 Talbot Street St.Thomas,Ontario N5P 3T7 I, Carlo Sinibaldi, General Manager, and Pamela Kampers,Account Manager, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. The party giving this discharge is the original chargee and is the party entitled to give an effective discharge • Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2007 11 15 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Submitted By GIBSON, LINTON,TOTH, CAMPBELL&BENNETT 36 Broadway, Box 5 2007 11 15 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 CERTIFICATE # : NO DE CERTIFICAT: 06498302-2188286B CLEAR CERTIFICATE / CERTIFICAT LIBRE SHERIFF OF / SHERIF DE : COUNTY OF ELGIN (ST. THOMAS) DATE OF CERTIFICATE / DATE DU CERTIFICAT : 2007-08-27 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) (PERSON/PERSONNE) DENNIS, CAROLYN GALE 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 EST 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: Agreement of Purchase and Sale for use in the Province of Ontario BUYER THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SELLER CAROLYN GALE DENNIS REAL PROPERTY: Address: fronting on the NORTH side of COUNTY ROAD 38 (HERITAGE LINE) in the MUNICIPALITY of BAYHAM (GEOGRAPHIC TOWNSHIP OF BAYHAM), COUNTY OF ELGIN, and having a frontage of 27.92' feet more or less by a depth of 289.29' feet more or less and legally described as: PART OF LOT 132,CONCESSION NORTH TALBOT ROAD;DESIGNATED AS PART 2 ON PLAN 11 R-8713, BEING 0.23 ACRES, MORE OR LESS. (the'Property'). PURCHASE PRICE: $640.00 SIX HUNDRED FORTY Dollars(CDN)$ DEPOSIT: Buyer submits(herewith/upon acceptance) $100.00 ONE HUNDRED Dollars(CDN)$ by negotiable cheque payable to to be held in trust without Interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion.Buyer agrees to pay the balance as follows: THIS OFFER IS CONDITIONAL ON THE FOLLOWING TERM(S): I. THE MUNICIPALITY SHALL ARRANGE FOR THE PREPARATION OF ALL DOCUMENTATION ASSOCIATED HEREWITH, AND SHALL BE RESPONSIBLE FOR ALL FEES & DISBURSEMENTS INCURRED. SCHEDULES: N/A attached hereto form(s)part of this Agreement. 1. CHATTELS INCLUDED: NONE 2. FIXTURES EXCLUDED: NONE 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price,the Buyer agrees to assume the rental contracj s),if assumable: 1 PQ ,,Inw' C/?l 4. IRREVOCABILITY: This Offer shall be irrevocable by Seller/Buyer until 5:00 p.m.on the -1‹.1day of FY ,2007,aftewhich time,if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without intere t. Yom- A-Lit 5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m.on the 1 5TH day of 2007, Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 6. NOTICES:Seller here appoints his/her/their solicitor as agent for the purpose of giving and receiving notices pursuant to this Agreement The Buyer hereby appoints his/her/their solicitor as agent for the purpose of giving and receiving notices pursuant to this Agreement.Any notice relating hereto or provided for herein shall be in writing.This offer,any counter offer,notice of acceptance thereof,or any notice shall be deemed given and received, when hand delivered to the address for service provided in the Acknowledgement below, or where a facsimile number is provided herein,when transmitted electronically to that facsimile number. Fax No.(for delivery of notices to Seller): Fax No.(for delivery of notices to Buyer:): [Initials of Buyer , Initials of Seller: q'i Page 2 of 4 7. GST: If this transaction is subject to Goods and Services Tax(G.S.T,), then such tax shall be included in/in addition to the j?urchas P ' e.if this transaction is not subject to G.S.T.,Seller agrees to certify on or before closing that the transaction is not subject to G.S.T..`-yy`, TH �uY 8. TITLE SEARCH:Buyer shall be allowed until 6:00 p.m.on the 5 day of . 2007 (Requisition Date)to examine the titl to a property at his own expense and until the earlier of:(i)thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived;or(ii)five days prior to completion,to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property,that is present use( VACANT LAND )may be lawfully continued and that the principal building may be insured against risk of fire.Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property,and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably required. 9. FUTURE USE:Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE:Provided that the title to the property is good and free from all registered restrictions,charges,liens and encumbrances,except as otherwise specifically provided in this Agreement and save and except for:(a)any registered restrictions or covenants that run with the land,provided that such are complied with; (b)any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with,or security has been posted to ensure compliance and completion,as evidenced by a letter from the relevant municipality or regulated utility;(c)any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties;and(d)any easements for drainage,storm or sanitary sewers,public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objections to title or to any outstanding work order or deficiency notice,or to the fact the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid shall be returned without interest or deduction and Seller and his/her/their solicitor shall not be liable for any costs or damages.Save as to any valid objections so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS:Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the transaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act,R.S.O. 1990,Chapter L4 and the Electronic Registration Act,S.O.191,Chapter 44,any amendments thereto,the Seller and Buyer acknowledge and agree that the exchange of closing funds,non-registrable documents and other items(the"Requisite Deliveries")and the release thereof to the Seller and Buyerwill(a)not occur at the same time as the registration of the transfer/deed(and any other documents intended to be registered in connection with the completion of this transaction)and(b)be subject to conditions whereby the lawyer(s)receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers.The Seller and buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada.Unless otherwise agreed to by the lawyers,such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers, 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed,abstract,survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer,Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. if a discharge of any Charge/Mortgage held by a corporation Incorporated pursuant to the Loan Companies Act(Canada).Chartered Bank,Trust Company,Credit Union,Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion,Buyer agrees to accept Seller's lawyer's personal undertaking to obtain,out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13 INSPECTION: Buyer acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller.The Buyer acknowledges having the opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provide for in this Agreement,the Buyer will not be obtaining a property inspection or property inspection report regarding the property. 14 INSURANCE;Ail buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion,Seller shall hold all insurance policies,if any,and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage,Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase.No insurance shall be transferred on completion.If Seller is taking back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING ACT:This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION:The Transfer/Deed shall,save for the Land Transfer Tax Affidavit,be prepared in registrable form at the expense of Seller,and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer.If requested by Buyer,Seller covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22)of the Planning Act,R.S.O. 1990, 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Seller under the non-residency provisions of the Income Tax Act by reason of this sale.Seller shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non- resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage Interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion,the day of completion itself to be apportioned to Buyer. 19. TIME LIM ITS:Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER:Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank,Trust Company,Province of Ontario Savings Office,Credit Union or Caisse Populaire. eifiInitials of Buycy 6- dyy.„_, Initials of Seller: Page 3 of 4 21. FAMILY LAW ACT:Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act,R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI:Seller represents and warrants to Buyer that during the time Seller has owned the property,Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde,and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde.This warranty shall survive and not merge on the completion of this transaction,and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction. 23. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 24. AGREEMENT IN WRITING:If there is conflict between any provision written or typed in this Agreement(including any Schedule attached hereto)and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict.This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty,collateral agreement or condition,which affects this Agreement other than as expressed herein.This Agreement shall be read with all changes of gender or number required by the context. 25. SUCCESSORS AND ASSIGNS:The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms herein. 53'.-.qKorot tri>? e_. DATED at cnbufg,Ontario this ' � day of_t94.4, ,e,_,2007. SIGN' D, ALE* IN THE PRESENCE OF: 1N WITNE whereof I ha hereunto set my hand and seal: .••./� - tib 1(. J (Wan; (Buyer) (Date) /I No •_ • ai / ' , k-tfIndifo .-xs.t.u.A4-d ...n....,1/41 ,_.„., cl,,..,"„, 7 (Wit ess) (Buyer) (Date) DATED at Tillsonburg,Ontario thisL day of `' ,2607. SI NED,SE ED IN THE PRESENCE OF: IN W,� ESS whereof I have hereu .et my hand and 1sea►� "- ` (Witness) (Se ler). / yliety3d, (Witness) (Seller) (Date) SPOUSAL CONSENT:The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act,R.S.O.1990,and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. (Witness) (Spouse) (Date) Initials of Buyer." 0.,„i Initials of Seller: Page 4 of 4 ACKNOWLEDGMENT acknowledge receipt of my signed copy of this accepted Agreement of i acknowledge r-.-eipt of my si. rd copy of this accepted Agreement of Purchase and Sale. Purchase an,; 'fie. (Seller) (Date) (Buyer) 1 (Date) ri—LAdiA) (Seller) (317..‘'‘ (Date) (Buyer) / (Date) Address for Service: Address for Service: Sellers Lawyer: Buyer's Lawyer: Address: Address: Telephone No. Telephone No. Fax No. Fax No. Initials of Buyer: - "a/ , y..,,, Initials of Seller: ad I,Carolyn Gayle Dennis, owner of lands being Part of Lot 132, Concession North Talbot Road, designated as Part 2 on Plan 11R8713 in the Municipality of Bayham, County of Elgin, hereby waive the total purchase price and confirm that I wish to donate the lands as a charitable donation at the value of$640.00 (six hundred and forty dollars)to the Municipality of Bayham. Signed by: Af %w. ,1110r:/J )41-44,C--", .lyn Ga$e !�ennis Witness Signature: �� d AL ! A • r Dated:147— dCa __� 2007 +r ii