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2006-032 To Authorize the Execution of an Agreement between the Corporation of the Township of Oro-Medonte and Jovan and Lisa Dawn Markov THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006-032 A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and Jovan and Lisa Dawn Markov WHEREAS Section 11 of the Municipal Act, 2001,S.0. 2001, c.25, as amended, authorizes a municipality to pass by-laws respecting matters concerning highways; AND WHEREAS pursuant to the decision of the Council of the Township of Ora- Medonte on January 12, 2005 to allow an easement in favour of Jovan and Lisa Markov over part of Lakeview Avenue to permit access to their residence; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Easement Agreement between the Township of Oro-Medonte and Jovan and Lisa Markov, such agreement attached hereto as Appendix "A" and forming part of this by-law. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF MARCH, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF MARCH, 2006. 1 I I I , , I , , , , , I I 1 I I I , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,IUd Mayor, J. Neil Craig r Ii . I' " Appendix "An to By-Law No. 2006-032 ACKNOWLEDGEMENT AND DIRECTION TO: All Lawyers within the Firm of Aird & BerUs LLP AND TO: Any and all designees ofthe above RE: Tbe Corporation oftbe Township of Oro-Medonte and Lisa Dawn Markov and Jouo Markov Transfer of Easement This will confirm that: I. We have reviewed the information contained on the documents attacbed hereto and initialed by us for identification purposes and this information is accurate; 2. You are authorized and directed to sign and register electronically on our behalf the following docuroent(s), a copy of which is attached hereto and initialed by us for identification purposes: Transfer of Easement 3, The effect of the electronic docnments descrihed in this Acknowledgement and Direction has been fully explained to us and we understand that we are parties to and bound by the terms and provisions of this electronic document to the same extent as if we had signed these documents; and 4. We are in fact parties named in the electronic docnment descrihed in this Acknowledgement and Direction and we have not misrepresented our identities to you. (\b.v~ t---M\' Dated this.;23 day of f...,,."l', 2006, . ~'" THE CORPORATION Of THE TOWNSHIP OF ORO-MEDONTE ~k-.;e@W Per: .. Name' . Neil Crai Title. Hayor 1 Per: Name: Haril Title: Clerk J/We have authority to bind the Corporation, ~ k L~ j4",-.~,'/ Lisa Dawn Mllrkov ~'\ ~0> J Markov LRO # 51 Transfer Easement Thi8 document has not boen submitted and tmly be incomplete. I Properties PIN Description tn preparation on 2006 02 24 at 11:03 yyyymmdd Page 1 of1 56559 ~ 0116 IT InterestlEstate Easement PT LAKEVIEW AVPL 798 ORO PT 1 & 2, 51R.34218 AS CLOSED BY BYLAW R01122109; ORQ.MEDONTE ORQ.MEDONTE ~ Add Easement Addross I Consideration Consideration $ 0.00 I Trarl$feror(s) The transferor(s) hereby transfers the easement to the transferee(s). Name THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE Acting as a company Address for Service P,O. Box 100, Station Oro Oro-Medonte. Ontario LOL 2X0 Thi$ document ia not authorize<! under Power of Attorney by this party. ThIs document is being authorized by a municipal corporation. I Trarl$feree(s) Capacity Share Name MARKOV. LISA DAWN Acting as an Individual 19881118 16 Barbara Avenue Comp. 803, RR1 Ore Station, ON l0l2EO Registered OWner Date of Birth Address for Service Name MARKOV, JOVAN Acting as an individual 19670712 16 B8fb&ra Avenue Compo 803, RR1 Ora Station, ON LOL 2EO Registered Owner Date of Birth Addref$!j for Service I Statements SChedule: See Schedules I Calculated Taxes Retail Sales Tax Land Trat/sferTax $0,00 $0,00 I File Number Transferor Client Fife Number: 38475.RTH (MARKOV) LAND TRANSFER TAX STATEMENTS In the matter oflhe conveyance of: 58559- 0176 PTLAKEVIEW AV PL 798 ORa PT 1 & 2. 51R~34218AS CLOSED BY BYLAW R01122100; ORO-MEDONTE BY; TO; THE CORPORATION OF THE TOWNSHIP OF ORCl-MEOONTE MARKOV. USA DAWN MARKOV, JOVAN Registered Owner Regi$tered Owner %(aH PIN.) %(aHP1Ns) 1. MARKOV, LISA DAWN AND MARKOV, JOVAN lam o (a) A peraon in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-desctibed conveyance to whom the land is being conveyed; f!J (c) A transferee named in the above-descrlbed conveyance; o (d) The authorized agent or solicitor acting in this transaction for _ described in paragraph(s) U above. o (e) The President. VICe--President. Manager, Secretary, Director, or Treasurer authorized to act for_ described in p.\Iragraph{s) U above. o (f) A tran$feree dEtSCt'ibed 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 fads hereln deposed to. o (9) A transferee described In paragraph () and am mal<ing these statements on my own behalf and on behalf of _ who is my same-sex partner deSClibed above In paragfsph(s) U. 3. The total consideration for this transaction is alloeated as follows: (a) Monies paid or to be paid in cash (b) Mortgages (I) assumed (show principal and interest to be credited against purchase price) (Ii) Given Back to Vendor (c) Property transferred In exchange (detail below) (d) Fair market value of the laOO(8) (e) Llens, legacies, annuities and maintenance charges to which transfer Is subject (1) other valuable consideration subject to land transfer tax (detail below) (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) 10 (1)) (h) VALUE OF ALL CHATIELS - ~.ms of tangible personal property (i) Other con&lderations for transaction not Included in (g) or (h) above (i) T ota! cortSideration 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 4, Explanation for nominal consideratlons; .) other: CONVEYANCE OF AN EASEMENT BY MUNICIPALIlY. NO CONSIDERATION PASSING. 5. The land Is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument Transfer Easement B. Property(.): LRO 51 Registration No. Date: PIN 58559 - 0176 Address ORO-MEDONTE Assessment Roll No C. Address for Service: 16 Barbara Avenue Comp, 803, RR1 Oro Station, ON LOL 2EO 0, (l) Last Conveyance(s): PIN 58559 - 0176 Registration No. (Ii) legal Description for Property Conveyed: Same as in last conveyance? Yes 0 No [!] Not known 0 EASEMENT This Easement Agreement is made between the party identified as the Transferor of the annexed Transfer (the "Transferor") and the party identified as the Transferees thereof (the "Transferees"). The following is the description of the lands benefited by the easement transferred by this Easement Agreement: PIN 58559-0083 - Lots 229, 230, 231. 232. 233, 234. 235, 236, 237 and 238 and Lots 194, 195, 196, 197. 198, 199,200.201,202 and 203. Plan 606. Township of Oro.Medonte. County of Simcoe (the "Dominant Tenement") I. Transfer and Use of Easement The Transferor hereby transfers to the Transferees the free uninterrupted right and easement in perpetuity in, on, under, along, upon and through the portion of the Transferor's lands described as Part Lakeview Avenue, Plan 798, being Parts I and 2, Plan 5IR.342l8, as closed by bylaw ROII22109, Township of Oro-Medonte, Regional Municipality of Simcoe (tbe "Easement Lands") for the purposed of vehicular and pedestrian ingress and egress to and from the Dominant Tenement in common with all other parties entitled thereto over the Easement Lands, The Tranferee acknowledges that the Dominant Tenement does not front on an improved public road, that the Transferor does not and is not required to maintain or snowplow the said road (or the Easement Lands), that the Transferor will not take over or assume the road (or the Easement Lands) as a public Township road unless and until it has been built in accordance with Trallferor's standards then in force and that the Transferor is not liable for any loss, damage or injury resulting as a consequence of the Transferor issuing a building pennit in respect to the Dominant Tenement. 2. General The burden of this Easement Agreement is and shall be of the same force and effect for all intents and purposes as a covenant running with the Easement Lands described herein. The benefit of this Easement Agreement is annexed to and runs with the lands of the Transferees described herein as the Dominant Tenement. ::ODMA\PCDOCS\DOCS\1998360\.1 nHY Ib """b l~;~,j t-t< Hlt<!! HN!! I:ltot<L1:i LLI-' 441b Clb.; 1515 TO *7784*38475*1705 P.06/09 LRO # 51 Transfer Eassment Receipted as SC437495 on 2006 05 16 Y'IYY mm dd at 14:52 Page 1 of3 The epplicanl(s) hereby applies to the Land Registlar. I Properties PIN o Add Easement Descliplion 56559 - 0176 L T InterestlEstate Easement PTLAKEVIEW AVPL 7980RO PT 1 &2, 51R-34218 AS CLOSED BY BYLAW R01 122109: ORO-MEDONTE ORO-MEDONTE Address I COM/deration Consideration $ 0,00 I Transferor( 5) The transferor(s) hereby transfers the easement 10 the transferee(s), Name Address for SeMca THE CORPORATION OF THE TOWNSHIP OF ORO-MEOONTE P,O. Box 100, Station Oro Or<>-Medonte, Ontario LOL 2X0 Thi. document i. not authorized under Power of Attorney by this party. This document i. being authorized by a municipal corporation Neil Craig, Mayor and Marilyn Pennycook, Cleric. I Transfe,ee(s) Shart Neme Dale of Birth Address for SefVice Ne/OB Date of Bitfh Address for SeMce Capacity MARKOV, LISA DAWN 19681118 15 Barbara Avenue Compo 803, RR1 Oro Station, ON LOL 2EO Registered OWner MARKOV, JOVAN 19670712 16 Barbara Avenue Compo 803, RR1 Oro Station, ON LOL 2EO Registered Owner I Statements Schedule; See Schedules I Signed By Randy Todd Hooke Tel 4168531500 Fax 4168631515 Randy Todd Hooke Tel 4168831500 Fax 4168631515 181 Bay St., Suite 1800, Box 754 acting for Transferor(s) Toronto M5J 2T9 Signed 2006 0516 181 Bay St.. Suite 1800, Box 754 acting for Transferee(a) Toronto M5J 2T9 Signed 2006 0516 I Submitted By MAXIMS LIMITED PARTNERSHIP 181 Bay St. Suite 1800, Box 754 Toronto M5J 2T9 Tel 4168631500 Fax 4168631515 2006 0516 I FeesITaxeslPayment Statutory RagistllJtion Fa. $60.00 rlHT J.O C;\QI:::.n::t J.:;:);:>"::' rK HiKU HNU .l::lt:t<Llo LLr' 441b l:ib..:S 1::>1::' IU *7784*38475*1705 P.07/09 LRO # 51 Transfer Easement The epplicant!.) hereby applies to the Land Registrar. I FeeslTlJJtwPayment Receipted ae SC437495 on 2006 05 16 at 14:52 yyyy mm dd Pege 2 ot 3 Land Transfer Ta~ $0.00 Tola1 Paid $60.00 I File Number Tf81Isf&ror Client File Number: 38475-RTH (MARKOV) t'IHT .lb ':::~~b 1:>-::>.5 rK Hlf'(LJ HNLJ J:jI::.HLJ~ LLr' 441b l::lb..:$ 1::'1::' TO *7784*38475*1705 P.08/09 LAND TRANSFER TAX STATEMENTS In Ihe matter ofthe conveyance or. 58559 - 0176 PT LAKEVIEW AV PL 798 ORO PT 1 & 2, 51R.34218AS CLOSED BY BYLAW R01122109; ORO.MEDONTE BY: TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MARKOV, LISA DAWN MARKOV, JOVAN Registered Owner Regislered Owner %(all PINs) %(all PINs) I, MARKOV, LISA DAWN AND MARKOV, JOVAN lam D (a) A person in trust for whom the land conveyed in Ihe above.described conveyance is being conveyed; o (b) A lrustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in Ihe ahove-described conveyance: D (d) The authorized agent or solicitor acting in this transadlon for _ described in paragraphIa) U above. o (e) The Presidenl, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _ described in paragraph(s) U above. D (f) A transferee described in paragraph () and am making these statements on my own beha~ and on beha~ of _ who is my spouse descrihed in paragraph U and as such, I have personal knowledge of the facts herein deposed to, 3. The tolal consideration for thia llanaaction la allocated ae follows: (a) Monies paid or 10 be paid in cesh (b) Mortgages (i) assumed (show principal and interest to be c:redlled againsl purchase price) (Ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Fair markel value of Ihe land(s) (e) Liens, legacies, annuilies and maintenance charges 10 which Iransfer is subject (f) Other valuable consideration subject to land transfar tax (delail below) (g) Value of land, building, fixtures and goodwill subject to land transfer lax (lolal of (a) to (f)) (h) VALUE OF ALL CHATTELS. items of tangible personal property (i) Other considerations for transaction not included in (g) or (h) above Ol Total consideration 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0,00 0.00 0,00 4. Explanation for nominal considerations: s) other: CONVEYANCE OF AN EASEMENT BY MUNICIPALITY, NO CONSIDERATION PASSING. 5, The land is nol suhject to an encumbrance PROPERTY Infonnation Record A, Nalure of Instrument: Transfer Ea.ement LRO 51 Registration No, SC437495 Dale; 2006105/16 PIN 58559 - 0176 Address Assa50menl ORO-MEDONTE Roll No B, Property(s); C. Address for SelVice: 16 Barbara Avenue Comp, 803, RR1 010 Slation, ON LOL 2EO D. (i) LaSI Conveyance(s); PIN 58559.0178 Registration No, null (ii) Legal Description lor Property Conveyed: Same as in last conveyance? Yes D No ~ Not known D E, Tax Statemenls Prepared By: Randy Todd Hooke 181 Bay 51., Sulle 1800, Box 754 Toronto MSJ 2T9 . 1'lHl 1b ""''''b 1:)':)" "t< Hlt<U HNU ];o.t<UOoi LLf-' 441b ~b3 1515 TO *7784*38475>1<1705 P.09/09 EASEMENT This Easement Agreement is made between the party identified as the Transferor of the ~nnexed Transfer (the "Transferor") and the party identified as the Transferees thereof (the "Transferees"), The following is the description of the lands benefited by the easement transferred by this Easement Agreement: PIN 58559-0083 - Lots 229, 230, 231, 232, 233, 234, 235, 236, 237 and 238 and Lots 194, 195, 196, 197, 198, 199,200,201,202 and 203, Plan 606, Township of Oro-Medonte, County of Simcoe (the "Dominant Tenement") 1. Transfer llDd Use of Sewer Easement The Transferor hereby transfers to the Transferees the free uninterrupted right and easement in perpetuity in, on, under, along, upon and through the portion of the Transferor's lands described as Part Lakeview Avenue, Plan 798, being Parts I and 2, Plan 51R-34218, as closed by bylaw R01122109, Township of Oro-Medonte, Regional Municipality of Simcoe (the "Easement Lands") for the purposed of vehicular and pedestrian ingress and egress to and from the Dominant Tenement in common with all other parties entitled thereto over the Easement Lands. 2. General The burden of this Easement Agreement is and shall be of the same force and effect for all intents and purposes as a covenant running with the Easement Lands described herein. The benefit of this Easement Agreement is annexed to and runs with the lands of the Transferees described herein as the Dominant Tenement. ;;OOMA\PCDOCSIOOCS\1998360'J. ** TOTAL PAGE.09 **