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HomeMy WebLinkAboutBy-law No. 2010-077 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2010-077 BEING A BY-LAW CONVEY PART OF THE UNOPENED ROAD ALLOWANCE DESCRIBED PART OF CHATHAM STREET BEING THE ROAD ALLOWANCE BETWEEN LOTS 10 AND 11, CONCESSION 1 OF THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN,DESIGNATED AS PART 5 ON PLAN 11R-2446 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 parsing 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 the Council of the former Village of Port Burwell passed By-law No. 83- 03 January 24, 1983 to stop up and close part of Chatham Street,designated as Part 5 on Plan 11R-2446; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to convey the subject lands to the Ministry of Natural Resources. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute documents as necessary to effect the conveyance of lands described as Part of the Road Allowance between Lots 10 and 11,Concession 1 of the Municipality of Bayham,designated as Part 5 on Plan 11R-2446 to the Ministry of Natural Resources. 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 October,2010. A . I . LAI 4 -i - m ' : I MAY CLERK ACKNOWLEDGEMENT AND DIRECTION TO: Michael George Charles Szorenyi (Insert lawyer's name) AND TO: GIBSON BENNETT GROOM&SZORENYI (Insert firm name) RE: The Corp.of the Mun.of Bayham-Change of Name Application (The transaction") (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the'Documents"),and that this Information is accurate; O You,your agent or employee are authorized and directed to sign,deliver,and/or register electronically,on mylour behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement,which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein.I/We hereby acknowledge the said Agreement has been reviewed by me/us and that I/We shall be bound by ils terms; i The effect of the Documents has been fully explained to me/us,and 1/we understand that I/we are parties to and bound by the terms and provisions of the Documents to the same extent as if I/we had signed them;and . I/we are in fact the parties named in the Documents and I/we have not misrepresented our identities to you. Is I, , am the spouse of , the (transferor/Chargor),and hereby consent to the transaction described in the Acknowledgment and Direction.I authorize you to indicate my consent on all the Documents for which It Is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s)described in the Acknowledgement and Direction are the document(s)selected below which are attached hereto as"Document in Preparation"and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. ❑ Other documents set out in Schedule"B"attached hereto. Dated at ¢.,�,�cee, ,this ��° day of ` . , 2010. WITNESS (As to all signatures,if required) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM I PER: II i IA J 0 L i ACRE MA R - YNDA MILLARD CLERK We have the authority to bind the Corporation. ACKNOWLEDGEMENT AND DIRECTION TO: Michael George Charles Szorenyi (insert lawyer's name) AND TO: GIBSON BENNETT GROOM&SZORENYI _ (Insert firm name) RE: THE CORPORATION OF THE MUNICIPALITY CONVEYANCE TO MINISTER('the transaction") OF NATURAL RESOURCES- PART OF CHATHAM STREET (Insert brief description of transaction) This will confirm that: • IIWe have reviewed the Information set out this Acknowledgement and Direction and In the documents described below (the"Documental,and that this information is accurate; • You,your agent or employee are authorized and directed to sign,deliver,and/or register electronically,on my/our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement,which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein.IIWe hereby acknowledge the said Agreement has been reviewed by me/us and that l/We shall be bound by its terms; • The effect of the Documents has been fully explained to me/us,and I/we understand that Ihve are parties to and bound by the terns and provisions of the Documents to the same extent as if Uwe had signed them;and • !Ave are In fact the parties named in the Documents and I/we have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor/Chargor),and hereby consent to time transaction described in the Acknowledgment and Direction.I authorize you to indicate my consent on ail the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s)described In the Acknowledgement and Direction are the document(s)selected below which are attached hereto as"Document in Preparation"and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. ❑ Other documents set out in Schedule"B"attached hereto.)1.4.4..) Dated at ,this14.0"3day of �_. _ , 24/Dce ... WITNESS (As to all signatures,If required) ' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PER: I� '��1 - . 1 L -tACRE MA 7+R PER 'A MILLARD CLERK We have the authority to bind the Corporation. LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35323-0152 PT CHATHAM ST PL 12 BAYHAM(AKA RDAL BTN LT 10&11 CON 1)CLOSED BY NR249857&NR366534 PT 5 ON 11R2446;BAYHAM BY: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: HER MAJESTY THE QUEEN,IN THE RIGHT OF THE MINISTRY OF %(aII PINS) NATURAL RESOURCES 1. MICHAEL G.SZORENYI 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 HER MAJESTY THE QUEEN,IN THE RIGHT OF THE MINISTRY OF NATURAL RESOURCES 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 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 2.00 (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)) 2.00 (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 a)Total consideration 2,00 6. Other remarks and explanations,if necessary. 1.a)Consideration(c)-Property transferred in exchange:An easement over PIN 35323-0149 2.This conveyance is to the Crown or a Crown Agency and therefore not subject to tax pursuant to subsection 2(8)of the Act. PROPERTY Information Record A.Nature of Instrument Transfer LRO 11 Registration No. Date: B.Property(s): PIN 35323-0152 Address Assessment PORT BURWELL Roll No C.Address for Service: MINISTRY OF NATURAL RESOURCES PARLIAMENT BUILDINGS TORONTO,ONTARIO M7A 1W3 D.(i)Last Conveyance(s): PIN 35323-0152 Registration No. (ii)Legal Description for Property Conveyed: Same as in last conveyance? Yes❑ No ] Not known ❑ LRO# 11 Application To Change Name-Owners Receipted as CT62559 on 2010 10 19 at 10:48 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 35323 - 0152 LT Description PT CHATHAM ST PL 12 BAYHAM (AKA RDAL BTN LT 10&11 CON 1)CLOSED BY NR249857&NR366534 PT 3 TO 511 R2446; BAYHAM Address PORT BURWELL Party From(s) Name THE CORPORATION OF THE VILLAGE OF PORT BURWELL Address for Service PO BOX 160 9344 PLANK RD. STRAFFORDVILLE, ON NOJ 1Y0 Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service PO BOX 160, 9344 PLANK ROAD STRAFFORDVILLE,ON 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 Village of Port Burwell has changed its corporate name to The Corportation of the Municipality of Bayham under a Minister's Restructuring Order dated May 15th, 1997 as amended by a Minister's Restructuring Order dated November 27th, 1997, registered in the Land Registry Office for the County of Elgin as instrument No.CT23786 on the 16th of January,2008.and this statement is made for no improper purpose. Signed By Michael George Charles Szorenyi 36 Broadway,Box 5 acting for Signed 2010 10 19 Tillsonburg Applicant(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway, Box 5 2010 10 19 Tillsonburg N4G 4H3 Tel 5198423658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number: S10-641 Applicant Client File Number: S10-641 LRO# 11 Transfer Receipted as CT62560 on 2010 10 19 at 10:48 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 35323- 0152 LT Interest/Estate Fee Simple Split Description PT CHATHAM ST PL 12 BAYHAM(AKA RDAL BTN LT 10& 11 CON 1)CLOSED BY NR249857&NR366534 PT 5 ON 11R2446; BAYHAM Address PORT BURWELL Consideration( Consideration $2.00 Transferor(s) The transferor(s)hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE, ON NOJ 1Y0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation LYNN ACRE, MAYOR AND LYNDA MILLARD,CLERK. ITransferee(s) Capacity Share Name HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF NATURAL RESOURCES Address for Service MINISTRY OF NATURAL RESOURCES 659 EXETER ROAD LONDON,ONTARIO N6E 1L3 Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 20901019 Tillsonburg Transferor(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I am the solicitor for the transferor(s)and the transferee(s)and this transfer is being completed in accordance with my professional standards. I have the authority to sign and register the document on behalf of all parties to the document. Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 10 19 Tillsonburg Transferee(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I am the solicitor for the transferor(s)and the transferee(s)and this transfer is being completed in accordance with my professional standards. I have the authority to sign and register the document on behalf of all parties to the document. Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway, Box 5 201010 19 Tillsonburg N4G 4H3 Tel 5198423658 Fax 5198425001 LRO# 11 Transfer Receipted as CT62560 on 2010 10 19 at 10:48 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: S10-641 Transferee Client File Number: MAIN OFF. FILE NO. 110822-EASEMENT 456 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35323-0152 PT CHATHAM ST PL 12 BAYHAM(AKA RDAL BTN LT 10&11 CON 1)CLOSED BY NR249857&NR366534 PT 5 ON 11 R2446; BAYHAM BY: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS %(all PINS) REPRESENTED BY THE MINISTER OF NATURAL RESOURCES 1. MICHAEL G.SZONRENYI I am ❑ (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; n (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 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF NATURAL RESOURCES described in paragraph(s)(c) above. I (e)The President,Vice-President, Manager,Secretary, Director,or Treasurer authorized to act for described in paragraph(s)U above. I� (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 2.00 (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)) 2.00 (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 2.00 4. Explanation for nominal considerations: s)other: Property transferred in exchange:An easement over PIN 35323-0149 5. The land is not subject to an encumbrance 6. Other remarks and explanations,if necessary. 1.This conveyance is to the Crown or a Crown Agency and therefore not subject to tax pursuant to subsection 2(8)of the Act. PROPERTY Information Record A. Nature of Instrument: Transfer LRO 11 Registration No. CT62560 Date: 2010/10/19 B. Property(s): PIN 35323 -0152 Address Assessment - PORT BURWELL Roll No C.Address for Service: MINISTRY OF NATURAL RESOURCES 659 EXETER ROAD LONDON,ONTARIO N6E 1L3 D.(i)Last Conveyance(s): PIN 35323 -0152 Registration No. E379083 (ii)Legal Description for Property Conveyed : Same as in last conveyance? Yes LJ No U Not known ❑ E.Tax Statements Prepared By: Michael George Charles Szorenyi 36 Broadway, Box 5 Tillsonburg N4G 4H3