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HomeMy WebLinkAboutBy-law No. 2009-073 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009-073 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY PART OF THE ROAD ALLOWANCE BETWEEN LOTS 118 AND 119, CONCESSION STR,DESIGNATED AS PART 5 PLAN 11R-9059, AND PART OF THE GIVEN ROAD IN LOT 119, CONCESSION STR,DESIGNATED AS PART 4 PLAN 11R-9059 WHEREAS Section 11 of the Municipal Act,2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS Section 8 of the said Municipal Act 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 notice of intent to pass this By-law has been published once in the Tillsonburg News, a newspaper of general circulation to the area; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in person, or by counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this By-law and who applied to be heard; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to stop up, close and convey those parts of the road allowance between Lots 118 and 119, Concession STR, designated as Part 5 on Plan 11R-9059 and part of the given road known as Mitchell Road, located in Part of Lot 119, Concession STR, designated as Part 5 on Plan 11R- 9059, and to convey such parts to the adjoining land owners. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance between Lots 118 and 119, Concession STR, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part 5 on Plan 11R-9059 be and is hereby closed and stopped up. 2. THAT upon and after the passing of this By-law those portions of the given road known as Mitchell Road described as Part of Lot 119, Concession STR,in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part 4 on Plan 11R-9059 be and is hereby closed and stopped up. 3. THAT all of that part of the said unopened road allowance described as Part of the road allowance between Lots 118 and 119, Concession STR, and all of that part of the said given road described as Part of Lot 119, Concession STR, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts 4 and 5 on Plan 11R-9059 shall be conveyed to Paul Ens and Edna Ens for consideration as contained in the Agreement of Purchase and Sale with Paul and Edna Ens as approved by By-law No. 2009-067, adopted May 7,2009. 4. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances of those parts of the said road allowances described herein and which have been stopped up and closed. 5. THAT this by-law shall come into full force and effect upon the date of its enacliuent. 6. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin, (No. 11). READ A FIRST, SECOND AND THIRD TIME and finally passed this 21st day of May, 2009. j . i O CLERK LRO# 11 Application To Change Name-Owners Receipted as CT44168 on 2009 0611 at 15:30 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35335 - 0101 LT Description RDAL BTN LT 10 AND LT 11 CON S GORE BAYHAM; RDAL BTN LT 118 AND LT 119 CON STR BAYHAM(AKA MITCHELL ROAD)S OF PT 3 11 R6452; BAYHAM Address ELGIN Party From(s) Name PUBLIC AUTHORITY HAVING JURISDICTION Address for Service P. O. Box 160 Straffordville,Ontario NOJ 1Y0 Applicant(s) Capacity Sha Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P.O. Box 160 Straffordville,Ontario NOJ 1Y0 This document is being authorized by a municipal corporation Lynn Acre, Mayor,and Lynda Millard,,Clerk. This document is not authorized under Power of Attorney by this party. Statements The name has changed as a result of The Corporation of the Municipality of Bayham being the Public Authority having Jurisdiction and this statement is made for no improper purpose. Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for First Signed 2009 06 11 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Scott Keith Campbell 36 Broadway, Box 5 acting for Last Signed 2009 06 15 Tillsonburg N4G 4H3 Applicant(s) Tel 519-842-3658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON, LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway, Box 5 2009 06 15 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 LRO# 11 Application To Change Name-Owners Recelpted as CT44168 on 2009 06 11 at 15:30 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 File Number Applicant Client File Number: C09-326 ,YI Municipality of Bayham AAo t'9 L& F.O.Box 160,9344 Plank Road, Straffordville,Ontario NOJ 1Y0 Tel:(519) 866-5521 • Fax:(519)8663884 email:bayham@bayham.on.ca .. May 8,2009 Scott Campbell Gibson,Linton,Toth,Campbell&Bennett 36 Broadway P.O. Box 5 Tillsonburg,ON N40 4H3 Dear Mr. Campbell, Re: Unopened Road Allowance Between Lots 10 and 11,Concession 8 Bavham(P1N 35337-0155) This is to confirm that the Corporation of the Municipality of Bayham is the Public Authority having Jurisdiction regarding the Unopened Road Allowance Between Lots 10 and 11, Concession 8 Bayham(PIN 35337-0155). Yo . truly ,f+ K C.Q.O. Ator LRO# 11 Application To Change Name-Owners Receipted as CT44167 on 2009 06 11 at 15:15 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 5 Properties PIN 35335- 0251 LT Description PT LT 119 CON STR BAYHAM PT 1 11R2294; BAYHAM Address ELGIN [Party From(s) Name THE CORPORATION OF THE TOWNSHIP OF BAYHAM Address for Service P. O. Box 160 Straffordville, Ontario NOJ 1Y0 Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P. O. Box 160 Straffordville, Ontario NOJ 1YO This document is being authorized by a municipal corporation Lynn Acre, Mayor,and Lynda Millard, Clerk. This document is not authorized under Power of Attorney by this party. Statements The name has changed as a result of a change of corporate name authorized under an Order made under the Municipal Act R.S.O. 1990 c.M.45,and dated November 27, 1997,and this statement is made for no improper purpose. Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for First Signed 2009 06 11 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 Scott Keith Campbell 36 Broadway, Box 5 acting for Last Signed 2009 06 15 Tillsonburg N4G 4H3 Applicant(s) Tel 519-842-3658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON, LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway, Box 5 2009 06 15 Tillsonburg 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: C09-326 • r' ORDER MADE UNDER THE MUNICIPAL ACT R.S.O. 1990 c.M.45 COUNTY OF ELGIN TOWN OF AYLMER, VILLAGE OF BELMONT, VILLAGE OF DUTTON VILLAGE OF PORT BURWELL, VILLAGE OF PORT STANLEY VILLAGE OF SPRINGFIELD, VILLAGE OF VIENNA, VILLAGE OF WEST LORNE TOWNSHIP OF =BOROUGH, TOWNSHIP OF BAYHAM, TOWNSHIP OF DUNWICH TOWNSHIP OF MALAHIDE, TOWNSHIP OF SOUTH DORCHESTER TOWNSHIP OF SOUTBWOLD, TOWNSHIP OF YARMOUTH Change of Name for the Township of Yarmouth Village of Port Stanley, Village of Belmont Mew Municipality of Yarmouth/Port Stanley/Belmont) Change of Name for the Township of Malahide Township of South Dorchester, Village of Springfield {New Municipality of Malahide/south Dorchester/Springfield) Change of Name for the Township of Bayham Village of Port Burwell, Village of Vienna (New Municipality of Bayham/Port Burwell/Vienna) Subsection 2(4) of the Order dated May 15, 1997, as published in the Ontario Gazette on May 31, 1997, is amended by deleting in lines 4 and 5 the words "The Corporation of the Municipality of Yarmouth/Port Stanley/Belmont" and replacing them with the words "The Corporation of the Municipality of Central Elgin" . Subsection 2 (6) of the Order dated May 15, 1997, as published in the Ontario gazette on May 31, .1997, is amended by deleting in lines 5 and 6 the words "The Corporation of the Municipality of Malahide/South Dorchester/Springfield" and replacing them with the words "The Corporation of the Township of Malahide". Subsection 2(8) of the Order dated May 15, 1997, as published in the Ontario gazette on May 31, 1997, is amended by deleting in lines 4 and 5 the words "The Corporation of the Municipality of Bayham/Port Burwell/Vienna" and replacing them with the words "The Corporation of the Municipality of Bayham" . • 40"/' l�Is .bf er � .5"• cipal Affairs and Housing Dated at Toronto on . . . _ . . . . . _ . . . _ _ NovenAmx 27, 1997. • Mintstry of Minister@ des Municipal Affairs Affaires municipals* and Housing et du Log errant =4,= Office of the Minister Bureau du mintstre • 777 say Street 777 rue Bay Toronto ON M5G 2E5 Toronto ON M5O 2E5 Tel(416)585.7000 Tel(416)5557000 November 27, 1997 Ms.Maureen Beatty Clerk Township of Bayham Box 160 Straffordville ON NOY 1Y0 Dear Ms.Beatty: • Re: Minister's Restractiiring Order Filing Notice Subsection 252(6)(b)of the Muunicip Apt Enclosed please find a copy of a signed Order which gives effect to an.amendment to the restructuring Order dated May 15, 1997, affecting your municipality. The amendment changes the name of The Corporation of the Municipality of Yamiouth/Port Stanley/Belmont to The Corporation of the Municipality of Central Elgin, the name of The Corporation of the Municipality of Malaliide&South Dorchester! Springfield to The Corporation of the Township of Malahide, and the name of The Corporation of the Municipality of Bayham/Port Burwell/Vienna to The Corporation of the Municipality of Bayham. The amending Order will be published in The Ontario Gazette. Please ensure that a copy of this Order is available for public inspection in accordance with subsection 25.7(7) of the Municipal Act. Sincerely, .0w.--44r,e7 Al Leach Minister Enclosure c: Mr.Peter North,MPP,Elgin ORDER MADE UNDER THE MUNICIPAL ACT R.B.O. 1990 c.M.45 COUNTY OP ELGIN TOWN OF AYLMER, VILLAGE OP BELMONT, VILLAGE OF DUTTON VILLAGE OF PORT BURWELL, VILLAGE OF PORT STANLEY VILLAGE OF SPRINGFIELD, VILLAGE OF VIENNA, VILLAGE OF WEST LORNE TOWNSHIP OF ALDBOROUGH, TOWNSHIP OP BAYHAM, TOWNSHIP OF DUNWICH TOWNSHIP OF MALAHIDB, TOWNSHIP OF SOUTH DORCHESTER TOWNSHIP OP SOUTHWOLD, TOWNSHIP OP YARMOUTH 1. In this Order, "County" means The Corporation of the County of Elgin; "former municipality" means The Corporation of the Village of Belmont, The Corporation of the Village of Dutton, The Corporation of the Village of Port Burwell, The Corporation of the Village of Port Stanley, The Corporation of the Village of Springfield, The Corporation of the Village of Vienna, The Corporation of the Village of West Lorne, The Corporation of the Township of Aldborough, The Corporation of the Township of Bayham, The Corporation of the Township of Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of South Dorchester, and The Corporation of the Township of Yarmouth, as they existed before January 1, 1998; "new municipality" means The Corporation of the municipality of West Elgin, The Corporation of the Municipality of Dutton/Dunwich, The Corporation of the Municipality of Yarmouth/Pbrt Stanley/Belmont, The Corporation of the Municipality of Malahide/South Dorchester/Springfield, The Corporation of the Municipality of Bayham/Port Burwell/Vienna as established on January 1, 1998, under this Order; "Town of Aylmer" means The Corporation of the Town of Aylmer; and "Township of Southwold" means The Corporation of the Township of Southwold. MUNICIPAL RESTRUCTURING 2. (1) On January 1, 1998, The Corporation of the Township of Aldborough and the Corporation of the Village of West Lorne are amalgamated as a township under the name of "The Corporation of the Municipality of West Elgin". (2) On January 1, 1998, The Corporation of the Township of Dunwich save and except that portion described in Schedule A and The corporation of the Village of Dutton are amalgamated as a township under the name of "The Corporation of the Municipality of Dutton/Dunwich"" . 27 (f) in consultation with affected employee bargaining groups, establish a transition protocol that provides for, (i) an appropriate selection process for available positionsincluding inducements for early exit or early._retirement and termination packages for displaced employees, and (ii) the procedures. for the placement of employees of the former municipalities in available positions in the new municipality, subject to no external hiring until all the employees of the former municipalities have had an opportunity for placement; and (g) set the terms and conditions of employment for any internal appointments or promotions and any external recruitment for the new municipality. DISPUTE RESOLUTION 80. Where a dispute arises with respect to any issue arising out of the interpretation of this proposal, any one of the parties may, (a) refer the matter in dispute to arbitration ratin . accordance with the provisions of the arbition Act.. 1M; or (b) defer the matter to the council of the municipality in the area to which the dispute pertains, subsequent to January 1, 1998, for resolution. Waster' 1170 **V Dated at Toronto on IAY 4 4 • , 1997. LRO# 11 Transfer Receipted as CT44171 on 2009 06 11 at 15:48 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 • Properties PIN 35335- 0105 LT Interest/Estate Fee Simple n Split Description PT LT 119 CON STR; BEING PART 1, PLAN 11R-9059;BAYHAM Address 9254 MITCHELL RD ELGIN Consideration Consideration $5,425.00 Transferor(s) The transferor(s)hereby transfers the land to the transferee(s). Name ENS, EDNA MARY LEE Address for Service 8941 Mitchell Road, RR#1 Straffordville, ON NOJ 1Y0 I am at least 18 years of age. Paul Lincoln Ens 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 ENS, PAUL LINCOLN Address for Service 8941 Mitchell Road, RR#1 Straffordville, ON NOJ 1Y0 I am at least 18 years of age. Edna Mary Lee Ens and I are spouses of one another and are both parties to this document I,Edna Mary Lee Ens say that to the best of my knowledge and belief,the power of attorney is still in full force and effect and the principal had the capacity to give the power of attorney when giving it and was at least 18 years of age when the power of attorney was executed.The power of attorney was registered as number CT44120 registered on 2009/06/10. I,Robert Owen Hall,confirm that I have reviewed the power of attorney with the attorney,and the attorney has confirmed that 1.The attorney is the lawful party named in the power of attorney,2.The attorney is acting within the scope of the authority granted under the power of attorney,and 3.To the best of the attorney's knowledge, information and belief the power of attorney was lawfully given and has not been revoked. Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P. O. Box 160 Straffordville,Ontario NOJ 1Y0 Statements The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown corporation,or any agency, board or commission of the Crown;or a municipal corporation. Signed By Robert Owen Hall 139 Talbot Street East acting for Signed 2009 06 11 Aylmer Transferor(s) N5H 1H3 Tel 5197739221 Fax 5197651885 I have the authority to sign and register the document on behalf of the Transferor(s). LRO# 11 Transfer Receipted as CT44171 on 2009 06 11 at 15:48 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2009 06 11 Tillsonburg Transferee(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Transferee(s). Submitted By GIBSON, LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway, Box 5 2009 06 11 Tillsonburg N4G 4H3 Tel 519-842-3658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $27.13 Total Paid $87.13 File Number Transferor Client File Number: 14070 Transferee Client File Number: C09-326 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35335- 0105 PT LT 119 CON STR; BEING PART 1, PLAN 11R-9059; BAYHAM BY: ENS,EDNA MARY LEE ENS, PAUL LINCOLN TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(all PINs) 1. SCOTT K. 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; (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. n (e)The President,Vice-President, Manager, Secretary, Director,or Treasurer authorized to act for described in paragraph(s)L)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 3,897.50 (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) 1,527.50 (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)) 5,425.00 (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 5,425.00 6. Other remarks and explanations, if necessary. 1.a)Consideration(c)-Property transferred in exchange:Pt Lt 119,Con STR, being Part 4, Plan 11 R9059; Bayham;and Pt of the Road Allowance between Lots 118 and 119 Con STR,being Part 5, Plan 11 R9059; Bayham PROPERTY Information Record A. Nature of Instrument: Transfer LRO 11 Registration No. CT44171 Date: 2009/06111 B. Property(s): PIN 35335-0105 Address 9254 MITCHELL RD Assessment 3401000-00400300 ELGIN Roll No C.Address for Service: P.O. Box 160 Straffordville, Ontario NOJ 1Y0 D. (i)Last Conveyance(s): PIN 35335 -0105 Registration No. E400556 (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes No [J Not known j E.Tax Statements Prepared By: Scott Keith Campbell 36 Broadway, Box 5 Tillsonburg N4G 4H3 LRO# 11 Application To Register Bylaw Receipted as CT44170 on 2009 06 11 at 15:48 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 7 Properties PIN 35335 - 0105 LT I71 Affects Part of Prop Description PT LT 119 CON STR; BEING PART 1, PLAN 11R-9059; BAYHAM Address 9254 MITCHELL RD ELGIN PIN 35335- 0251 LT n Affects Part of Prop Description PT LT 119 CON SIR; BEING PART 4, PLAN 11R-9059; BAYHAM Address ELGIN PIN 35335- 0101 LT n Affects Part of Prop Description PART OF THE ROAD ALLOWANCE BETWEEN LOTS 118 AND 119 CON STR; BEING PART 5,PLAN 11R-9059; BAYHAM(AKA MITCHELL ROAD) Address ELGIN Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P. O. Box 160 Straffordville, Ontario NOJ 1Y0 This document is being authorized by a municipal corporation Lynn Acre, Mayor,and Lynda Millard,Clerk. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No.2009-067 dated 2009/05/07. Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2009 06 11 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). ISubmitted By GIBSON, LINTON,TOTH, CAMPBELL&BENNETT 36 Broadway, Box 5 2009 06 11 Tillsonburg 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: C09-326 ti L THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-067 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT OF PURCHASE AND SALE WITH PAUL ENS AND EDNA ENS WHEREAS Section 9 of the Municipal Act,2001, 5.0.2001,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.O.2001,c.25 as amended provides that a lower tier municipality may pass by-laws respecting sways,including parking and traffic on highways; AND WHEREAS the Council of the Municipality of Bayham is desirous of exchanging property for the purpose of improvements for the road known as Mitchell Road; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve an Ageaat of Purchase and Sale by by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: I. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute an agreement substantially in the form affixed hereto marked Schedule "A"and forming part of this by-law,being a Agreement of Purchase and Sale between the Corporation of the Municipality of Bayham and Paul Ens and Edna Ens, subject to any changes recommended by the Municipal Solicitor. 2. AND 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 complete the said Agreement of Purchase and Sale. 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 MAY,2009. MAYO• , CLQ 1, LYNDA MILLARD. LURK of t;,C rporaiioLof the iof Daytime, .. c • r l=going is a citeEwdll►tue copy j,•b..L�:}ter.,,l�tn.,O Agreement of Purchase and Sale for use in the Province of Ontario BUYER THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SELLER PAUL ENS and EDNA ENS REAL PROPERTY: Address: MITCHELL ROAD fronting on the side of in the MUNICIPALITY of BAYHAM and having a frontage of _feet more or less by a depth of feet more or less and legally described as: PART OF LOT 119. CONCESSION SOUTH TALBOT ROAD; DESIGNATED AS PART 1. PLAN 11R-9059, MUNICIPALITY OF BAYHAM, COUNTY OF ELGIN (Being approximately 0.485 acres) (the"Property"). PURCHASE PRICE: $5425.00(Being $5.000.00/acre, plus$3,000.00 for shed) FIVE THOUSAND, FOUR HUNDRED TWENTY F1VE Dollars(CDN) ADDITIONAL CONSIDERATION: ACQUISITION OF PART OF LOT 119, CONCESSION SOUTH TALBOT ROAD: DESIGNATED AS PART 4, PLAN 11 R-9059 and PART OF THE ROAD ALLOWANCE BETWEEN LOTS 118 and 119. CONCESSION SOUTH TALBOT ROAD: DESIGNATED AS PART 5, PLAN 11R-9059, MUNICIPALITY OF BAYHAM. COUNTY OF ELGIN DEPOSIT: Buyer submits (herewith/upon acceptance) Dollars (CON)$ 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: BY CASH OR CERTIFIED CHEQUE SUBJECT TO THE USUAL ADJUSTMENTS. SCHEDULES: "A" attached hereto form(s) part of this Agreement 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price.the Buyer agrees to assume the rental contract(s), if assumable: N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Seiler/Buyer until p.m. on the day of ,2009,after which time, if not accepted,this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m.on the day of , 2009. 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 Initials of Buyera . Initials of Seller. A3' ' liar 2 0} 2 this Agreement.The Buyer hereby appoints.his/herltheir 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.): 7_ GST:If this transaction is subject to Goods and Services Tax(G.S.T.),then such tax shall be induded in/in addition to the Purchase Price.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. 8. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m.on the day of .2009 (Requisition Date)to examine the title to the properly 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( )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 fines 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 factthe 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 Ili 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 Buyer will(a)not occur at the same time as the registration of the transferldeed(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 properly 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 Sellers lawyers 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 Seiler shall provide to Buyer Initials of Buyer: ,4 Jinitials of Seller: 4 .s 6 L • IIat3o$ 3 a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,togetherwith 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:All 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 thatthe 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 LIMITS: 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. 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 Sellers 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 arty 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. Initials of BuyerInitials of Seller: j Aare 4 ad) 4 DATED at O i( r `'�]t\k J ,Ontario this 6 day offil ,2009. SIGNED, SEALED IN THE IN WITNESS whereof I-haVe hereunto se my PRESENCE OF: hand and se I: (Witness) 4 !� (Buyer _ - (Date) 7, P....9 0 f '4111 / (Witness r (Buyer , (Date))11Nx1? o 9 OF DATED at Till_.nburg,,•ntario +k is day of ,2009. SIGNED, S •LED IN THE IN WITNESS whereof I have hereunto set my PRESENCE hand and seal: itn�: l%/r (Seller) (Date) 2-6/471 + Af (Witn 1,,' (Seller) t 4-iZ (Date) a, .2 /69 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 helshe will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. (Witness) (Spouse) (Date) ACKNOWLEDGMENT I acknowledge receipt of my signed copy of this accepted I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale. Agreement of Purchase and Sale. (Seller) (Date) (Buyer) (Date) (Seller) (Date) (Buyer) (Date) Address for Service: Address for Service: Seller's Lawyer: Buyer's Lawyer, Address: Address: Telephone No. Telephone No. Fax No. Fax No. Initials of Buyer , a JJ Initials of Seller: tr `-E 'L ..,..• • ,....•—•-••—• J17 O`ad. JCRJi. r.riG or • •'i SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE This Schedule Is attached to and forms part of the Agreement of Purchase and Sale between: BUYER: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM • SELLER; PAUL ENS and EDNA ENS This Offer is conditional until upon the following ccndItons: This Offer is conditional upon the road access, known as Part of Lot 119, Concession South Talbot Road;designated as PART 4, PLAN 11 R-9059;and Part of the Road Allowance between Lots 118 and 119, Concession South Talbot Road;designated as PART 5, PLAN 11R-9059, Municipality of Bayham, County of Elgin, being closed up by a By-Law passed by The Corporation of the Municipality of Bayham. Further,the Parties agree that the Sellers' acquisition of Part of Lot 119, Concession South Talbot Road; designated as PART 4, PLAN 11R-9059;and Part of the Road Allowance between Lots 118 and 119, Concession South Talbot Road; designated as PART 5, PLAN 11R-9059, Municipality of Bayham, County of Elgin, be delayed until the Buyers no longer require use of that part of the road access, or at the latest, January 1, • 2010. Further, the Parties agree that the Sellers will accept any easement over that portion of the property known as PART 4, PLAN 11R-9059 and PART 5, PLAN 11R-9059, Municipality of Bayham. County of Elgin,in favour of Amtelecom Corporation,to be completed prior to dosing. • • Loa's of Buyer: Initials of Seller: .&-b7X 1 • • +i TOTAL P.62 LRO# 11 Application To Register Bylaw Receipted as CT44169 on 2009 06 11 at 15:30 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35335 - 0101 LT n Affects Part of Prop Description PART OF THE ROAD ALLOWANCE BETWEEN LOTS 118 AND 119 CON STR; BEING PART 5, PLAN 11R-9059; BAYHAM (AKA MITCHELL ROAD) Address ELGIN PIN 35335 - 0251 LT n Affects Part of Prop Description PT LT 119 CON STR; BEING PART 4, PLAN 11R-9059; BAYHAM Address ELGIN Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P.O. Box 160 Straffordville, Ontario NOJ 1Y0 This document is being authorized by a municipal corporation Lynn Acre, Mayor,and Lynda Millard, Clerk. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No.2009-073 dated 2009/05/21. Schedule: See Schedules Signed By Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2009 06 11 Tillsonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON, LINTON,TOTH,CAMPBELL&BENNETT 36 Broadway, Box 5 2009 06 11 Tillsonburg 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: C09-326 T46 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009-073 BEING A BY-LAW TO STOP UP,CLOSE AND CONVEY PART OF THE ROAD ALLOWANCE BETWEEN LOTS 118 AND 119, CONCESSION STIR,DESIGNATED AS PART 5 PLAN 11R-9059, AND PART OF THE GIVEN ROAD IN LOT 119,CONCESSION STR,DESIGNATED AS PART 4 PLAN 11R-9059 WHEREAS Section 11 of the Municipal Act,2001,5.0.2001,c.25 as amended provides that a lower tier municipality may pass by-laws respecting Highways,including parking and traffic on highways; AND WHEREAS Section 8 of the said Mimieipal Act provides that a municipality has the capacity, rights, powers, and privileges of a natural person far the purpose of exercising its authority under this or any other Act; AND WHEREAS notice of intent to pass this By-law has been published once in the Tillsonburg News,a newspaper of general circulation to the area; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in person,or by counsel,solicitor or agent,all persons claiming that their land will be prejudicially affected by this By-law and who applied to be heard; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to stop up, close and convey those parts of the road allowance between Lots 118 and 119,Concession STR,designated as Part 5 on Plan 11R-9059 and part of the given road known as Mitchell Road,located in Part of Lot 119,Concession STR,designated as Part 5 on Plan 11R- 9059, 1R9059,and to convey such parts to the adjoining land owners. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance between Lots 118 and 119, Concession STR, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part 5 on Plan 11R-9059 be and is hereby closed and stopped up. 2. THAT upon and after the passing of this By-law those portions of the given road known.as Mitchell Road described as Part of Lot 119,Concession STR,in the Municipality of Bayham, County of Elgin,(Geographic Township of Bayham),designated as Part 4 on Plan 11R-9059 be and is hereby closed and stopped up. 3. THAT all of that part of the said unopened road allowance described as Part of the road allowance between Lots 118 and 119,Concession STR,and all of that part of the said given road described as Part of Lot 119, Concession STR,in the Municipality of Bayham,County of Elgin, (Geographic Township of Bayham),designated as Parts 4 and 5 on Plan 11R-9059 shall be conveyed to Paul Ens and Edna Ens for consideration as cow in the Agreement of Purchase and Sale with Paul and Edna Ens as approved by By-law No.2009-067,adopted May 7,2009. 4. THAT the Mayor and Clerk of The Gyration of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances of those parts of the said roadd allowances described herein and which have been stopped up and closed. 5. THAT this by-law shall come into full force and effect upon the date of its enactment. 6. THAT this by-law shall be registered in the Land Registry Office for the Registry Division of P1g,(No. 11). READ A FIRST,SECOND AND THIRD TIME and finally passed this 21's day of May, 2009. A,04, .a.e) .: A A) ,, 1", ., 64 :3