2006-037 To Authorize the Execution of an Agreement between the Corporation of the Township of Oro-Medonte and Gerald & Laura Heatherington
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2006-037
A By-law to Authorize the Execution of an Agreement
between
The Corporation of the Township of Oro-Medonte
and Gerald and Laura Heatherington
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 Oro-
Medonte on August 11, 2004 to allow an easement in favour of Gerald and Laura
Heatherington 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 Gerald and Laura Heatherington, 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 5TH DAY OF APRIL, 2006.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF APRIL,
2006.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
,--~c~
M r, J. Neil Craig
.. ,. '. ~ .
Appendix "A" to By-Law No. 2006-037
ACKNOWLEDGEMENT AND DIRECTION
TO:
All Lawyers within the Firm of Aird & BerUs LLP
AND TO:
Any and all designees of the above
RE:
The Corporation of the Township of Ora-Medonte and Gerald Bru.e
Heatherington and Laura Lyn Heatherington
Transfer of Easement
This will confino that:
1. W. bave reviewed the infonoation contained on the documents attached hereto
and initialed by us for identification purposes and this infonnation is accurate;
2, You are authorized and directed to sign and register electronically on our behalf
the following document(s), a copy of which is aoached hereto and initialed by us
for identification purposes:
Transfer of Easement
3, The effect of the electronic documents 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 docmnent to the same
extent as if we had signed these documents; and
4. We are in fact parties named in the electronic document described in this
Acknowledgement and Direction and we have not misrepresented our identities to
you.
Dated this~ day Of~~l'~OO6'
c4:::JS#M ~r ) 7,->-
~::I. 10" zf(, I l~
;:ODMA~\DOCS\I9934J7\1
LRO # 51 TlClnsfer Easement
In preparation on 2006 04 06 at 14:24
yyyy mm dd Page 1 of 1
This document has not been submitted and may be incomplete.
I Properties
PIN
Description
58559 . 0087 L T Interest/Estah3 Easement
CEDAR WALK PL 606 ORO N OF LAKEVlEW AV PL 798; DESIGNATED AS PARTS 1,
PLAN 51R.34372; ORO-MEDONTE
ORO-MEDONTE
o Add Easement
Address
PIN
Description
58569 - 0176 LT InterestJEstah3 Easement
PT LAKEVIEW AVPL 798 ORO PT 2 & 3, 51R.34372 AS CLOSED BY BYLAW
R01122109; ORO.MEDONTE
ORO-MEDONTE
~ Add Easement
AddfBSS
I Consideration
Consideration $ 0.00
I Transferor(s}
The transferor(s) hereby lransfers the easement to the tmnsferee(s).
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEOONTE
Acting as a company
Address for Service P.O. Box 100, Station Ora
Ora-Medonte,Onlario
LOL 2)(0
This document Is not autnorized under Power of Attorney by this party.
This document Is being authorized by s municipal corporation .
I Transferee(s}
Capacity
Share
Date of Birth
HEATHERINGTON, GERALD BRUCE
Acting 8S an individual
1971 05 19
Registered Owner
Name
Address for SelWce
25 Sophia Avenue
RR#1,
Oro Station, Ontario
Lot 2ED
Name
HEATHERINGTON, LAURA l YN
Acting as an individual
Registered Owner
Data of Birth
Address for Service
1871 e...... I~
t.'41-2. otfr"f
25 Sophia Avenue
RR#1,
Om Station, Ontario
LOL 2ED
I Statements
Schedule:
I Calculated Taxes
Retail Sales Tax
Land Transfer Tax
$0.00
$0.00
I File Number
Transferor Client F/7e Number .'
38475-RTH (HEATHERINGTON)
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 56559- 0087 CEDAR WALK Pl 06 ORO N OF LAKEVIEW AV PL 798; DESIGNATED AS
PARTS 1, PLAN 5 R-34372; ORO.MEDONTE
58559 _ 0176 PT LAKEVIEW A P1798 ORO PT 2 & 3, 51R-34372 AS CLOSED BY BYLAW
R01122109; ORO MEDONTE
BY:
TO:
THE CORPORATION OF THE TOWNSHIP OF ORC-MEDO E
HEATHERINGTON, GERALD BRUCE
HEATHERINGTON, LAURA L YN
Registered Owner
Registered Owner
'%(aIIPINs)
%(anPINs)
1, HEATHERINGTON, GERALD BRUCE AND HEATHERINGTON, LA RA L YN
lam
D (a) A person in trust lor whom tf1eland ccnveyed in the abo e-de.cnbed ccnveyanca Is being conveyed;
o (b) A trustee named in the above-described conveyance to om the land Is being conveyed;
[!J (e) A transferee named In the above-descrlbed conveyance
o (d) The authorized agent or solicitor acting In this transactio for _ described in paragraph(s) U above.
o (e) The President, Vice-President, Manager, Secretaf)', 01 clor, or Treasurer authorized to act for_
described in paragraph(s) U above.
o (f) A transferee describe<! in paragreph () and am maki(lg t eae 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.
o (g) A transferee described In paragraph ( ) and am making hese statements on my own behalf and on behalf of
_ who is my same-sex partner described above in pan graph(s) U.
3, The total consideration for this transaction is .Uocated as folio 1f8:
(a) Monies paid or to be paid In cash
(b) Mortgages (i) assumed (show pnnclp$1 and interest t9 bl: credited against purchase price)
(11) Given Back to Vendor
(c) Property transferred In eKchange (detail below)
(d) Fair milTket value of the land(s}
(e) liens, regacies, annuities and maintenance charges to w ch transfer Is subject
(f) Other valuable consideration subject to land transfer tWc (d rtall below)
(g) Value of land. building, fixtures and goodwill subject to Ian transfer lax (IOlal of (a) to (I))
(h) VALUE OF ALL CHATTELS ~ Items of tangible personal p operty
(i) Other considerations for transection not included in (g) or ( ) above
(J) 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) o'her: CONVEYANCE OF AN EASEMENT BY MUNICIPALI Y. NO CONSIDERATION PASSING,
5. The land is not subject to an encumbrance
PROPERTY Infonnation Record
A. Nature of Instrument
Transfer Easemen1
B. Property(s):
LRO 51 Registration No, Date:
PIN 58559.0067 Address
o C-MEDONTE
Assessment
Roll No
o C-MEDONTE
Assessment
Roll No
PIN 58559 - 0176 Address.
C. Address for Service: 25 Sophia Avenue
RR#1,
Oro Station. Ontario
LOL 2EO
25 Sophia Avenue
RR#1,
Oro Station. Ontario
LOL 2EO
D. (I) Last Conveyance{s): PIN 58559.0067 Registratio No.
PIN 58559.0176 Registratlo No.
(ii) Legal Description for Property Conveyed: Same as'!n st oonveyance? Yes 0 No [?J Not known D
.
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
transfened by this Easement Agreement:
PIN 58559-0085 - Lots 98, 99,100,10],102,103,104, ]05, 106,
107, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, Plan 606,
fonoer Township of Oro, now Township of Oro-Medonte, County
of Simcoe
(the "Dominant Tenement')
1.
Transfer and Use of Easemenl
The Transferor hereby transfers to the Transferees the free uninterrupted right and
easement in perpetuity in, OD, under, along, upon and through the portion of the Transferor's
lands described as Part Lakeview Avenue, Plan 798, being Parts 2 and 3, Plan 5]R-34372, as
closed by bylaw RO] 122109 and Part of CedarWalk, Plan 606, being Part ], Plan 5lR-34372,
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.
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 wiJ1 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 Tranferor'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 permit in
respect to the Dominant Tenement.
2.
General
The hurden of this Easement Agreement is and shall be of the same for<< and
effect for all intents and purposes as a covenant running with the Easement Lands descrihed
herein, The benefit of this Easement Agreement is anncxed to and runs with the lands of the
Transferees descrihed herein as the Dominant Tenement,
::ODMA\PCDOCS\DOCS\1998356\1
I'IHY 1b "'''''''b 1:>':>1 1''' HI"V HNV 1:lt:"U::i LLr' 441b elb..l 1:>1:> IU *'!'lel4*..l8475*1705 P.02/09
LRO # Sl Tranefer Easement
The applicant(s) harebyapplies to the Land Registrar.
I Properties
PIN
Receipted as SC437484 on 2006 OS 16 at 14:52
Y'fY'fmmdd Page 1 of4
Description
saSS9 - 0087 L T InterestlEslate Easement
CEDAR WALK PL606 ORO N OF LAKEVIEW AVPL 798; DESIGNATED AS PARTS 1.
PLAN 51R-34372: ORO-MEDONTE
ORO-MEDONTE
o Add Easement
Address
Add1l1sS
58559 - 0176 L T Inlerest/Eslale Easement
PT LAKEVIEW AV PL 798 ORO PT 2 & 3, 51R-34372 AS CLOSED BY BYLAW
ROl122109: ORO-MEDONTE
ORO-MEDONTE
o Add Easement
PIN
Dascription
l Consideration
Consldaralion $ 0,00
I Transferor(s)
The transferor(s) herehy transfers the easemant to the transferee(a).
Nama THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for SelVica P,O. Box 100, Station Oro
Oro-Medonte, Ontario
LOL 2X0
This document is not aulhorIzed under Power of Attorney by this party,
This document is being authorized hy a municipal corporation J. Neil Craig. Mayor end Marilyn Pennyeook. Clerk.
I Transferee(s)
Capacity
Share
Name
Dele of Birth
Addtess for SelVlee
HEATHERINGTON. GERALD BRUCE
1971 05 19
25 Sophia Avenue
RR#l.
Oro Station, Ontario
LOL 2EO
Registered OWner
Nama
Date of Birth
Addtess for SeMce
HEATHERINGTON, LAURA L YN
19720417
25 Sophia Avenue
RR#1,
Oro Station, Ontario
LOL 2EO
Registered Owner
I Statements
Schedule: See Schedules
I Signed By
Randy Todd Hooke
181 Bay St., Su~e 1800, Box 754 acting for Transferor(s)
Toronto M5J 2T9
Signed
2006 05 16
Tel 4168631500
Fax 4168631515
Randy Todd Hooke
181 Bay St., suns 1800, Box 754 acting for Transleree(s)
Toronto MSJ 2T9
Si~ned
200605 16
Tel 4168831500
Fax 4188631515
MHY lb dlOIOb l:":'d t-ei Hleil! HNl! t!ceiLlOi LLf-' 441b CJb.:S 1:>1:> IU *??84*.:S84?5*1705 P.03/09
~R.O # 51 Transfer Easement
The spplicsll/(s) hereby applies to ths Lend Regisllllr.
I Submitted By
MAXIMS LIMITED PAR.TNERSHIP 181 Bay St.. Suite 1800, Box 754
Toronto MSJ 2T9
Receipted as SC437494 on 2006 0516 at 14:52
yyyy mm dd Page 2 of 4
2006 0516
rei 4166631500
Fax 4168631515
~ees/Taxeslpayment
Statutory Reg/strution Fee
Land Transfer Tax
$60.00
$0,00
Total Paid
$60.00
I File Number
Transferor Oli"nt Fife Number:
38475-RTH (HEATHERINGTON)
I'JHT olO ~l!ll!lO ol::>;,:>~ t-K H1KlJ HNlJ Jjl:.t'(Ll~ LLI"' 441b Clb,j 1:::>1:::> IU *'(184*38475*1705 P.04/09
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyanoeot. 58559- 0087 CEDAR WALK PL 806 ORO N OF LAKEVlEW AV PL 798; DESIGNATED AS
PARTS 1, PLAN 51R-34372; ORO-MEDONTE
58559- 0176 PT LAKEVIEW AV PL 798 ORO f'T 2 & 3, 51R.34372 AS CLOSED BY BYLAW
ROll22109; OR0-MEDONTE
BY:
TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEATHERINGTON, GERALD BRUCE
HEATHERINGTON, LAURA L YN
Registered OWner
Registered Owner
%(all PINs)
%(all PINs)
1, HEATHERINGTON, GERALD BRUCE AND HEATHERINGTON, LAURA LYN
lam
o (a) A person in lrust for whom lhe land conveyed in tha above-dasl;fibed conveyance is being conveyed;
o (b) A trustee named In the above-described conveyance to whom the land Is being conveyed;
o (c) A transferee nemed in the above-descrihed conveyence;
o (d) Tha 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 euthorized to act lor _
described in paragraph(s) U above.
o (0 A Iransleree described in paragraph () and am meking these atetements on my own behaK and on behalf of
_ who is my spouse described in paragraph U and as such, I have personal knowledge of the lacts herein
deposed to,
3, The total consideration for this transaction 18 allocated as followe;
(a) Monies paid or to be paid in cash
(b) Mortgages (i) assumed (show principal and inlereS! to be cred~ed against purchase price)
(ii) Given Back to Vendor
(c) Propeny transferred in exchange (detail helow)
(d) Fair market wlue of the land(s)
(e) Liens, legacies, annuities and maintenance charges to which transler is subject
(I) Other valuable consideration subject to land transfar I8lc (detail below)
(g) Value of land, building, fixtures and goodwill SUbject to land transler tax (total 01 (a) to (I))
(h) VALUE OF ALL CHATTELS - items oftangible personal propeny
(i) Other considerations for transaction not included in (g) or (h) above
0) 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.
Explenation for nominal consideratlons:
s) other; CONVEYANCE OF AN EASEMENT BY MUNICIPALITY. NO CONSIDERATION PASSING.
5. The land is not Guhject to an encumbrance
PROPERTY Information Record
A, Nature of Instrument:
Transfer Easement
LRO 51 Registration No. SC437494 Date: 2006105116
8, Property(S): PIN 58559" 0087 Addre.. Assessment
ORO-MEDONTE Roll No
PtN 58559 - 0176 Address Assessment
ORO-MEDONTE Roll No
C, Address for SaM/ice: 25 Sophia Avenue
RR#l,
Oro Station, Ontario
LOL 2EO
25 Sophia Avenue
RR#l,
Oro Station, Ontario
LOL 2EO
D. (i) Last Conveyance(s); PIN 58559 - 0087 Registration No. null
PIN 58559 - 0176 Registration No, null
(Ii) Legal Description for Propeny Conveyed: Same es in last cOlWeyance? Ves 0 No ~ Not known 0
E. Tax Statements Prepared By: Randy Todd Hooke
181 Bay St., Suite 1800,
Box 754
Toronto MSJ 2T9
l'lHl .10 .c:~\::l0 .1:>i:>':::: t-t'< HJt'<U HNU .tlt:I"<Ll~ LU-' 441b l:::lb..:S 1515 TO *7784*38475*1705 P.05/09
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 benefned by the easement
transferred by this Easement Agreement:
PIN 58559-0085 - Lots 98, 99, 100, 101, 102, 103, 104, 105, 106,
107, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, Plan 606,
former Township of Oro, now Township of Oro-Medonte, County
of Simcoe
(the "Dominant Tenement")
1.
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 2 and 3, Plan 5IR-34372, as
closed by bylaw R01122109 and Part of CedarWalk, Plan 606, being Part 1, Plan 51R-34372,
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.
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 Tranferor's standards then in force and that the Transferor is not liable for any
loss, damage or injUIy resulting as a consequence of the Transferor issuing a building permit 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 nmning with the Easement Lands described
herein, The benefit 0 f this Easement Agreement is annexed to and runs with the lands of the
Transferees described herein as the Dominant Tenement.
':ODMAIPCOOCS\DOCSI19983S611