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HomeMy WebLinkAboutBy-law No. 2009-016 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-016 A BY-LAW TO AUTHORIZE THE PURCHASE OF REAL PROPERTY IN THE MUNICIPALITY OF BAYHAM DESCRIBED AS PART OF LOT 17, CONCESSION 4,IN THE MUNICIPALITY OF BAYHAM,DESIGNATED AS PART 4 ON PLAN 11R-9030 WHEREAS Section 9 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 Act; AND WHEREAS Section 11 of the Municipal Act, 2001, S.U. 2UU1, 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 Light Line; 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 John Nasswetter and Laurel Nasswetter,being part of Lot 17, Concession 4,in the Municipality of Bayham, designated as Part 4 on Plan 11R-9030. 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 4 on Plan 11R-9030 be dedicated as part of the public highway known as Light Line. 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 19TH DAY OF FEBRUARY,2009. A K) MA S r CLERK LRO#11 Application To Register Bylaw Receipted as CT40999 on 2009 03 13 at 15:17 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 35332-0323 LT V]Affects Part of Prop Description PART LOT 17,CONCESSION 4,DESIGNATED AS PART 4,PLAN 11R-9030,BAYHAM Address PLANK RD BAYHAM Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service 9344 Plank Road, P.O.Box 160 Straffordville,Ontario NOJ 1Y0 This document is being authorized by a municipal corporation Lynn Acre,Mayor,and Kyle Kruger,Deputy-Clerk. This document Is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No.2009-016 dated 2009/02/19. Schedule: See Schedules Signed By David Bradley Bennett 36 Broadway.Box 5 acting for Signed 2009 0313 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Submitted By GIBSON,LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway,Box 5 2009 0313 Tillsonbutg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: C08-910 0114.114: Mu n i c ip a l i ty of Bayham. r sit char �xty Xa P.O.Box 160,9344 Plank Road, 5traifordville,Ontario NOJ IVO TeL 866-5521 "Fax(519)866-3884 ens:+ii:bayham@bayham.on.ca August 12,2008 John and Laurel Nasswetter 6968 Plank Road R.R.#1 Vienna,ON NOJ 1Z0 Dear Mr.and Mrs.Nasswetter, Re: Land Purchase—Proteertyr for Light Line Repairs Thank you for your cooperation in discussing the need for the Municipality of Bayham to acquire a small parcel of lands for repairs/improvements to Light Line. This letter is to confirm our discussions. In summary: The Municipality is to acquire approximately 0.056 ha. (0.14 acres) of land from your property identified by loll no_ 34-01-000-002-16100 for the purpose of repairs and improvements to Light Line. The consideration for the property will be at a rate of$5,000 per acre. . The property alignment is generally as shown on the attached plan. The Municipality will assume the costs for legal and survey. In regard to legal costs, the Municipality will retain the fine Gibson„Linton,Toth,Campbell,and Bennett in the matter to act on behalf bf both parties. It would be most appreciated if you would sign the acknowledgment below and return this letter to the Municipal Offices(a second copy is enclosed for your records). Lastly, please note that these arrangements are subject to final approval by the Council for the Municipality of Bayharn. Thank you again for your cooperation. If you have any questions or concerns,please do not hesitate to contact me. Yo r truly UWe acknowledge and agree with the terms as summarized in th's leder. i4M4 ,. A• sora •r ` John N >(azv e. // '°f Laurel Nasswetter LRO#11 Transfer Receipted as CT41000 on 2009 03 13 at 15;17 The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 2 Properties PIN 35332-0323 LT tnterest/Estafe Fee simple n Split Description PART LOT 17,CONCESSION4;DESIGNATED AS PART 4,PLAN 11R-9030,BAYHAM Address PLANK ROAD BAYHAM Consideration Consideration $675.00 Transferor(s) The transferor(s)hereby transfers the land to the transferee(s). Name NASSWETTER,JOHN Address for Service 6968 Plank Road, R.R.#1 Vienna,Ontario NOJ 120 I am at least 18 years of age. LAUREL ANNE NASSWETTER and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Name NASSWETTER,LAUREL ANNE Address for Service 6968 Plank Road, R.R.#1 Vienna,Ontario NOJ 120 I am at least 18 years of age. John Nasswetter and I are spouses of one another and are both parties to this document 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 9344 Plank Road, P.O.Box 160 Straffordville,Ontario NOJ 1Y0 Statements I am the solicitor for the transferor(s)and I am not one and the same as the solicitor for the transferee(s). I am the solicitor for the transferee(s)and I am not one and the same as the solicitor for the transferor(s). Signed By James William Michael Doyle 10 Sydenham Street East acting for Signed 2009 03 13 Aylmer Transferor(s) N5H 1L2 Tel 519-773-3105 Fax 5197651728 David Bradley Bennett 36 Broadway,Box 5 acting for Signed 2009 03 13 Tillsonburg Transferee(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 LRO# 11 Transfer Recaipted as CT41000 on 2009 03 13 at 15:17 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Submitted By GIBSON, LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway,Box 5 2009 03 13 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $3.38 Total Paid $63.38 File Number Transferor Client File Number: R 24450/09 Transferee Client File Number: C08-910 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35332-0323 PART LOT 17,CONCESSION4;DESIGNATED AS PART 4, PLAN 11 R-9030, BAYHAM BY: NASSWETTER,JOHN NASSWETTER, LAUREL ANNE TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(ail PINs) 1. SCOTT KEITH CAMPBELL I am ❑ (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; I l (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. U (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 U 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 675.00 (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)) 675.00 (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 675.00 PROPERTY Information Record A. Nature of Instrument: Transfer LRO 11 Registration No. CT41000 Date: 2009/03/13 B. Property(s): PIN 35332 -0323 Address PLANK ROAD Assessment BAYHAM Roll No C.Address for Service: 9344 Plank Road, P.O. Box 160 Straffordville,Ontario NOJ 1Y0 D. (i)Last Conveyance(s): PIN 35332 -0323 Registration No. E234366 (ii)Legal Description for Property Conveyed: Same as in last conveyance? Yes 1I No Not known ❑ E.Tax Statements Prepared By: David Bradley Bennett 36 Broadway,Box 5 Tillsonburg N4G 4H3