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HomeMy WebLinkAboutBy-law No. 2008-083 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2008-083 A BY-LAW TO AUTHORIZE THE CONVEYANCE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOT 11,CONCESSION 1, DESIGNATED AS PART 1 ON PLAN 11R-3756 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; AND WHEREAS the Council of the Municipality of Bayham is desirous of conveying certain property to Charles Kirby in order to correct a matter of title conflict; AND WHEREAS the Council of the Municipality of Bayham is desirous of retaining easement rights of a portion of the subject lands; 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 the Transfer/Deed of Land in the form attached hereto,being a conveyance of Part of Lot 11, Concession 1, designated as Part 1 on Plan 11R-3756. 2. 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 AUGUST 2008. I A 01.41 .�. . MAYO CLE' J .519 765 1885 GLOW HALL&SHIELDS GLOIN.HALL and SHIELDS 11:25:39 a.m. 08-21-2008 214 _, Province Transfer Deed of Land A � � aOntario Form 1 -Land Registration Reform Act 3 (1)Registry r Land Titles ❑ (2) Page 1 of pages Q .-. (3)Property Stock Property R rrt identifier{s} 35322 0155(R) Additional: Schedule ❑ {A ~ (4)Consideration ,� gin 0 rn One _i" c) ,- e--- W Dollar S 1 AD O (5)Description This is a: Property Property L4 LS Z Division Q Consolidation ❑ z Part of Lot 11, Concession 1, Geographic Township of Bayham, lu . N CD Municipality of Bayham,Designated as PART 1 on Plan 11R-3756, being the whole of the PIN icNew Property Identifiers 2 Additionah Municipality of Bayham,County of Elgin See Registry Division of Elgin (No. 11) Schedule € Executions j Additional: See Schedule (6) Thls (a)Redescription 1 (b)Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑>« subject to reservation of easement (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 Names) Signatures) Municipality of Bayham 2008 Cn OIT Per: L, r c.r - r Mayor i ...... I/We have authority to • ' - r •rpoLt'on. y(9) Spouse(s)of Transferor(s)I hereby consent to this transaction Date oflSignaturee Name(s) Signature(s) Y M D • �(10) Transferor(s)Address for Service P.O. Box 160.Straffordville.Ontario. NOJ WO J (11) Transferee(s) Date of Birth Y M D KIRBY Charles Earnest 11959 ' 09 15 1 l 1 (12) Transferee(s)Address for Service R. R.#7,Aylmer, Ontario, N5H 2R6 (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 Fleming Act Date of Signature Date of Signature Y I M 1 0 I, I Y M i D Signature _ 1 L .. ..._.J Signature --..... . .... 1 -.... -i...... Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and t have made inqu€ries of the transferor to 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 belief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature Name and fiA . • Address of 11 Solicitor Signature - — -..._.... . ..... Q (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 a. records reveal no contravention as set out in su I ause 50(22)(cXIi)of the Planning Act and that to the best of my knowledge and belief this transfer c S' does not contravene section 50 of the Flarvning Put.I act Independently of the sc&ik r for the t+anderor(s)and I am an Ontario sopdtor in good sla a frig. g v,a Name and Date of Signature Y M D Address of Solicitor1 Signature -.--------... . ......-- -1 (15) Assessment Roll Number Cty, Mun. Map Sub. Par. i J Fees a \Ta of Property 134 01 0021 001 l 41900 i z z Registration Fee (16) Municipal Address of Property (17) Document Prepared by: w 34 Chatham Street BRUCE WELUNGTON FARNELL 13831 j Land Transfer Tax Port Burwell, Ontario NOJ 1T0 GLOIFI,HALL 8 SHIELDS u.i 139 Talbot Street East u Aylmer,ON u. O N5H 1H3 it 2, Total 519 765 1885 GLOIN HALL&SHIELDS GLOIN,HALL and SHIELDS 11:26:00 a.m. 08-21-2008 314 a Province Schedule Or Ontario Form 5-Land Registration Reform Act Page 2 of 3 'Additional Property Identifier(s)and/or Other Information SCHEDULE"A"TO TRANSFER/DEED OF LAND MUNICIPALITY OF BAYHAM Transferor -and- KIRBY, CHARLES EARNEST Transferee WHEREAS the Transferee's are the registered owners of the Property described in Box 5 by Instrument E450417; AND WHEREAS the Transferor Is the registered owner of an easement over part of Property described as PART 4 on Plan 11 R-6029 by Instrument E364672: AND WHEREAS Instrument E384824 mistakenly conveys the fee simple in PART 4 on Plan 11 R-6029 to the Transferees herein rather than easement over PART 4 on Plan 11R-6029; AND WHEREAS the Transferors and Transferees herein intend to correct the mistake by this Transfer with the reservation of an easement over PART 4 on Plan 11 R-6029; WITNESSETH that In consideration of the sum of ONE DOLLAR($1.00),now paid by the Transferee to the Transferor, receipt whereof is hereby acknowledged,the Transferor hereby Transfers the land described in Box 5 to the Transferee subject to the reservation to itself, its successors and assigns,of the following easements and rights: (a) to enter,construct,maintain, inspect, alter and repair storm sewers including all appurtenances thereto,on and under the lands designated as PART 4 on Reference Plan 11 R-6029; (b) a right-of-way for persons and vehicles over the lands designated as PART 4 on Reference Plan 11 R-6029 for all puposes in connection with the exercise of the easement described in paragraph (a)above; and (a) for the servants,agents,contractors and workmen of the Transferee to enter upon all the said land with machinery, material,vehicles and equipment necessary for the use of the easements granted herein. IT SHALL BE LAWFUL for the Transferors and its successors and assigns to exercise and enjoy the rights, liberties and privileges hereby granted without being liable for any Interference, loss or use of loss of profit which shall or may be thereby caused to the said lands or to the owners and occupiers thereof from time to time and the Transferor shall have the right to cut down or remove any brush,trees,shrubs,fences, pavements,ramps, curbs and other objects located on PART 4 Plan 11 R-6029 as may be necessary or convenient In the exercise of the rights and privileges hereby granted and likewise to excavate and remove the soil and surfacings for the purposes aforesaid. • THE TRANSFEROR COVENANTS with the Transferee that it will restore the said lands to a condition approximately the condition which existed immediately prior to each and every entry upon the said lands, excluding the replacement of brush and trees. THE TRANSFEREE COVENANTS that no buildings or other structure shall be erected on or over the lands designated as PART 4 on Plan 11 R-6029,without the written consent of the Engineer of the Transferor. This easement is appurtenant to and benefits the lands of the Transferor described as Bridge Street,as shown on Plan attached to Instrument 6 and designated as PART 2 on Plan 11 R-6029. IT IS HEREBY AGREED that the covenants and agreements on the part of the Transferor and the Transferee shall run with their respective lands and shall enure to the benefit of and be binding upon their respective successors, heirs, executors,administrators and assigns. IN WITNESS WHEREOF the Transferee, Charles Earnest Kirby and The Municipality of Bayham have executed this agreement. SIGNED, SEALED AND DELIVERED ) MUNICIPALITY OF BAYHAM in the presence of ) Per: API f • ) Per: L.:1% _ '''F'' 'rl�gey, ale ' 3 ) 7-Kirby, Char es am: >I1111TEg of. ow I L 11111 -519 765 1885 GLOINHALL&SHLELDS GLOIN,HALL and SHIELDS 11:26:21 a.m. 08-21-2008 414 Ontario Motor Fuels Property Ldentirer(s)}No. Land Transfer Tax Affidcit Macy Ministry of and 35322-0155 Tobacco Tax Branch [ 1 Land Transfer Tax Act PO Box 825 98 tong St west Refer to instructions on reverse side. Oshawa ON LIS 8H9 In the Matter of the Conveyance of(Insert brief description of land) Part of Lot 11.Concession 1.Geographic Township of Bayham. Municipality of Bayhstn, Designated as PART 1 on Plan 11R-3758,being the wh nicipat County of Elgin BY(print names of all transferors in full) Municipality of Bayham TO(print names of ail transferees in full) Charles Earnest Kirby 1 Charles Earnest Kirby 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 desc rIbe(s)the capacity of the deponents): g (a) the transferee named In the above-described conveyance; 11 (b) the authorized agent or solicitor acting in this transaction for the transferee(s); fl (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. 0 (e) the transferor or an officer authorized to act on behalf of the transferor company and E 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 $ 1.00 (b) Mortgages (t)Assumed&rimiestand Interest) $ 0.00 All blanks (il)Given back to vendor $ 0.00 must be filled (c) Property transferred In exchange WWI blow la per.s) $ _ 0.00 in.Insert (d) Other consideration subject to tax(dwub.ww) $- 0.00 Ni!-where (e) Fair market value of the lands(am maws on 2) $ 0.00 applicable. (f) Value of land,building,fixtures and goodwill subject to Land Transfer Tax(rarer of(a)to(e)) $ 1.00 $ 1.00 (g) Value of all chattels-items of tangible personal property which are taxable under the provisions of the 0.00 Retail Sales Tax Act $ (h) Other consideration for transaction not included in(0 or(g)above $ 0.00 (I) Total Consideration $ 1.00 3. To be completed where the value of the consideration for the conveyance exceeds$400,000.00. I have read and considered the definition of"single family residence'set out in subsection 1(1)of the Act The land conveyed in the above-described conveyance: E does not contain a single family residence or contains more than two single family residences; [] contains at least one and not more than two single family residences;or 0 contains at least one and not more than two single family residences and the lands are used for other than just residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is$ - and the remainder of the lands are used for - purposes. Note: Subsection 2(1)(b)imposes en 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 et 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 lend subject to any encumbrance? ©Yes 7 No 5. Other remarks and explanations, if necessary.Correcting Deed conflicting claims to ownership of PART 411R-6029 Sworn/affirmed before me in the Town of Aylmer County of Elgin ��p,,-.A u;/\lea).-, - --- Signature(al thisa of J2008 Charles Earnest Kirby // , A Commissioner fdr king Afaldre/ ,etc. Property information R cord A. Describe nature of instrument Transfer/Deed of Land B. (I) Address of 34 Chatham Street, Port Burwell, Ontario For Land Registry Office Use Only Property being conveyed(If available)NOJ 1TO ReglstsalfonNo. (ii) Assessment Roll No.(if available) 34-01-002-001.41900 Registration Date(Yern4oar,laay) C. Mallin address(es)for future Notices of Assessment under the Assessment Act for property being conveyed 34 Chatham Street, Port Burwell,Ontario NOJ 1TO 1 Land Registry Ma No. D. (I) Registration number for last conveyance of property being conveyed(if available) E450417 (ii) Legal description of property conveyed: Same as in D(i)above. klYes ❑No ❑Not Known E. Names)and addresses of each transferee's solicitor: BRUCE WELLINGTON FARNELL,139 Talbot Street East,,Aylmer,ON N5H 1H3 School Support (Voluntary Election)isms 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? ❑ C (d) If Yes,do all individual transferees wish to support the French language School Board(where established)? 7 ❑ Note: As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). o449ic(zoo)