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1999-116 To accept an Easement over certain lands within the Township of Oro-Medonte ..,... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 99-116 Being a By-law to accept an Easement over certain lands within the Township of Oro- Medonte . WHEREAS the Municipal Act, R.S.O. 1990, c.MA5, Section 191(1) authorizes the Council of a municipality to pass by-laws for acquiring any lands required for the purposes of the municipality; AND WHEREAS Council deems it expedient to acquire the hereinafter described lands for the purpose of an Easement: NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby enacts as follows: 1. That the acquisition of the lands described as follows for a total consideration of$1.00 be and is hereby authorized and approved: Part of Block A, North side of Davis Street, Plan 1, being designated as Parts 1,2 & 3 on Plan 51R-28497, Township ofOro-Medonte (formerly Township of 01'0), County of Simcoe. 2. That Schedule "A" attached hereto forms part of this By-law. 3. That the Mayor and Clerk be and are hereby authorized to execute all such documentation as may be required to give effect to the foregoing. 4. That this By-law shall come into force and effect on the date of its passing. By-law read a first and second time this 3rd day of November, 1999. By-law read a third time and finally passed this 3rd day of November, 1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE &/- J .~-!bt / Mayor, Ian Beard! . .. ,~ . It! Province of Ontario Transfer/Deed of land Form 1 - Land Registration Reform Act Do Process Software Ltd, . (416) 322-6111 (1) Registry [X] (3) Pro~!:tY Identitier(s) Land Titles 0 (2) Page 1 of 3 pages Block Property Additional: See 0 Schedule !..f') (4) Consideration ::--- >- ..J Z o w (/) ::) w () ::r ONE------------------------------------ Dollars $ 1.00 C".) N ::::r- (5) Description This is a: Property 0 Property Division Consolidation 0 r-- .,...-1 w Property Identiflera- \ ' OJ Additional: CJ) See Schedule Part of Block A, North side of Davis Street, Plan 1, ..... being designated as Parts 1,2 & 3 on Plan 51R-28497, [] Township ofOro-Medonte (formerly Township ofOro), County of Simcoe Executions Additional: See 0 Schedule (6) This (a) Redescription ! (b) Schedule for: Document New Easement . Contains ~x . 0 Plan/Sketch ~ ~ Description (7) Interest/Estate Transferred "'~-x Additional 0 IV'! Parties Other 0 Easement (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that !.!'!-.~.. ~ !?~ . ~..~.e!? ~ ~.~.: ..... .. .......... ................ ............................................. ...... ......... ....... ............ ......................... .......................... .......... ............... .......... ................................................................................................................................................................. ....................................... Date of Signature ! Y ! M ! 0 , .. ~ ....................................................=..:=.:::=:~=:.::::~;.~.:::1:!:9=1::~ Name(s) KQ.?;'A,J~~ -'Y. r.~~.~.C;..J. ~ y................... ..................... .................................. ........................................................................................................................ .................................................................................................................................... (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Date of Signature Signature(s) . Y ! M ! 0 .... .......................... ............... .................. .................. r........... ...1".... r...... ................................................................................................................................ (10) Transferor(s) Address for Service 3 Barrie Terrace, BARRIE, Ontario L4M 1E8 (11) Transferee(s) Date of Birth . Y . M . 0 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE j j j .. ........... .................... ............ ... . ...................... ..... .................................................................................... ........................................ T' ........ .....r.. ...r...... .........................................................................................................................................................................................................j"".............l.....r...... ......... ............ ......................... ................................. ................ ............... .............. ................................................... .......................... r............ ...1'..... r....... (12) Transferee(s) Address for Service P.O. Box 100, ORO, Ontario LOL 2XO (13) Transferor(s) The transferor verifies that to the best of the transferor's knowtedge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y jMjDj , Y jMjD S ig n atu re .................................................... ......... J............... J.......L.....J S ig n atu re.......... ............................. ...................... ......J................ L... ...l....... I <i! Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to I~h:o determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief, this transfer does not contravene that section, I am an Ontario solicitor in good standing. Date of Signature Name and . Y . M . 0 I Adcjr~ss of , ! !! t} Solicitor Slg natu re...................................................................:................:.......:....... <( (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records ,~.., reveal no contravention as set out in subclause 50 (22) (c) (Ii) of the Planning Act and that to the best of my knowledge and belief this transfer E ~I ~ does not contravene section 5Q of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good .!1! 1: ~ ! standing, ~ S Name and Address of Solicitor Date of Signature . Y . M .0 . : :! Signature...................................................................:................:.......:....... (15) Assessment Roll Number of Property (16) Municipal Address of Property Cty. Mun. Map ! Sub, ! Par, Registration Fee Land Transfer Tax Not Assigned Not Assigned (17) Document Prepared by: Klaus N. Jacoby, Esq. Barrister and Solicitor 34 Clapperton St., Box 350 BARRIE, Ontario L4M 4T5 Total Document prepared using Form'L W.,. LIlndForm. "" " " . ' Box 6(a) - EASEMENT The Transferor grants and transfers to the Transferee, its successors and assigns, a free and uninterrupted easement in perpetuity, for the purposes hereinafter set out, in, over, along, under and upon the lands described in Box (5) of the within Transfer which are hereinafter referred to as the "Servient Lands". This easement is for the benefit of those lands owned by the Transferee and which are hereinafter referred to as the "Dominant Lands". . 1. This easement is for the following purposes: For the Transferee, its successors and assigns, to enter, lay down, install, construct, maintain, open, inspect, add to, alter, repair and keep in good condition, remove, relocate, reconstruct, renew, examine, survey, replace, enlarge, expand, use, supplement and operate municipal services, including and without limiting the generality of the foregoing, sanitary sewers, storm drains and pipes, drainage courses, open swales and ditches, including all appurtenances necessary or incidental thereto, on, in, across, under and through the Servient Lands. 2. Together with the right for the servants, agents, contractors and workmen of and other persons authorized by the Transferee, at all times and from time to time, to pass and repass with all supplies, machinery, materials, vehicles and equipment as may be necessary for all purposes necessary or incidental to the exercise and for the enjoyment of the rights and easements herein set forth. 3. Upon the completion of the construction of the aforesaid municipal services and of any installation, replacement, maintenance, inspection, repair, alteration or removal work subsequent thereto, the Transferee shall fill in all excavations and, as far as practical, restore the surface of the Servient Lands to the same condition as that in which they were found prior to the commencement of the work and shall remove all equipment and rubbish. The Transferee shall not be responsible to replace and/or repair any improvements to the Servient Lands including, but not limited to, buildings, gardens and decorative fences. 4. It is understood and agreed by the parties that the Transferor is responsible for maintaining the Servient Lands and that the Transferee shall assume no responsibility whatsoever for the day to day or periodic maintenance of the aforesaid lands, however, should the Transferor fail to maintain the Servient Lands, the Transferee may enter upon the lands and maintain them at the Transferor's expense. 5. The Transferor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected or built on, in, over, through or under the easement, any pit, well, pavement, building, structure or other obstruction of any nature whatsoever without the prior written consent of the Transferee, but otherwise the Transferor shall have the right in full to use and enjoy the Servient Lands subject always to and so as not to interfere with the rights and easements hereby granted to the Transferee. 6. The Transferor hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights granted by this grant of easement or which may arise out of the existence or operation of such services as may be required by the Transferee from time to time and accepts the consideration above mentioned in full satisfaction of all such claims, provided the Transferee fills in all excavations and, as far as is practicable, restores the surface of the Servient Lands to the condition existing prior to any entry to exercise the rights hereby granted subject to what is set out in paragraph 3 above. . 7. The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the land and this grant, including all of the covenants and conditions herein contained, shall extend to, be binding upon and enure to the benefit of the heirs, executors, administrators, successors in title and assigns of the parties hereto respectively, and all covenants herein contained shall be construed to be several as well as joint and wherever the singular or the masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. .... ~...- , . , po ProG,ess,S.oftware Ltd, · (416) 322.6111 Affidavit of Residence and of Value of the Consideration . Refer to all instructions on reverse side. Form 1 - land Transfer Tax Act IN THE MATTER OF THE CONVEYANCE OF (Insert brief description of land) Part of Block A. North side of Davis Street, Plan 1. being designated as Parts 1.2 & 3 on Plan 51R-28497. Township of Oro-Medonte (formerly Township of Oro). County of Simcoe Page 3 BY (print names of all transferors In fUll) Lawrence Ja Koza TO (see Instruction 1 and print names of all transferees In full) The Cor oration Of The Townshi Of Oro-Medonte I, (see Instruction 2 and print name(s) In full) Klaus N. Jacoby I MAKE OATH AND SAY THAT: 1, I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see Instruction 2) (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 (Insert name(s) of prlnclpal(s)) The Corporation of the Township of Oro-Medonte described in paragraph(s) 00, 00. (c) above; (strike out references to Inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director or Treasurer (Insert name(s) ofcorporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to Inapplicable paragraphs) D (1) A transferee described in paragraph ( (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (Insert name of spouse) who is my spouse described in paragraph ( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to, 2, (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single family residence" set out in clause 1(1)Oa) of the Act. The land conveyed in the above-described conveyance D contains at least one and not more than two single family residences. Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per D does not contain a single family residence, cent upon the value of consideration In excess of $400,000 where the conveyance D t' th t 'I f .1 res'd ( Instructi 3" contains at least one and not more than two single family residences. con alns more an wo sing e ami y I ences. see on , 3, I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see Instructions 4 and 6) 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED 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) Securities transferred to the value of (detail below) (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) 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) to (f)) ,.,.,.."" (h) VALUE OF ALL CHATTELS - items of tangible persona~property (Retail Sales Tax Is payable on the value of all chattels unless exempt under the provisions of the 'Retall Sales Tax Act', R.S.O. 1980, c,454, as amended) , $ (i) Other consideration for transaction not included in (g) or (h) above ' $ (j) TOTAL CONSIDERATION , , , , , , . , , , , , , , , , , ., , , . $ 1.00 5, If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance, (see Instruction 8) Grant of Easement to the Corporation of the Township of Oro-Medonte for municipal purposes. 6. If the consideration is nominal, is the land subject to any encumbrance? ..,g,la i'lJ ( 7, Other remarks and explanations, if necessary, nla ,$ ,$ ,$ ,$ ,$ ,$ ,$ 1.00 Nil Nil Nil Nil Nil Nil All Blanks Must Be Filled In. Insert "Nil" , , . , . . , . $ 1.00 $ 1.00 Where Applicable Nil Nil Sworn before me at the City of Barrie, In the County of Simcoe this day O~ctober ~ ) , - f-,.-J ~ A Commissi r for taking Affidavits, etc. 19 99 MARGARET JEAN LAURIN, Ii Commissioner, etc., County, of Simcoe, for Klaus N. Jacoby, Barrl!t6r Zlnd 3vll"lIuI. Property Information Record December 17. 2000, A. Describe nature of instrument: TransferlDeed of Land B. (i) Address of property being conveyed (If available) Not Assigned For Land Registry Office Use Only Registration No. (ii) Assessment Roll No, (Ifaval/able) Not Assigned G.ing address(es) for.future Notices of Assessment under the Assessment Act for property being Jyed (see Instruction 7) P.O. Box 100. ORO. Ontario LOL 2XO Registration Date Land Regiatry Office No. D. (i) Registration number for last conveyance of property being conveyed (If available) (ii) Legal description of property conveyed: Same as in D,(i) above, Yes D E, Name(s) and address(es) of each transferee's solicitor Klaus N. Jacoby, Esq., Barrister and Solicitor 34 Clapperton St., Box 350, BARRIE, Ontario L4M 4T5 NoD Not known D School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes D No D (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes D No D (c) Do all individual transferees have French Language Education Rights? Yes D No D (d) If Yes, do all individual transferees wish to support the French Language School Board (where established) ? Yes D No D NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed In (a) and (b). 0449D (90-09) f or Large Ma\1 see file