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HomeMy WebLinkAbout92-88 it, ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- 88 being a by-law to authorize the transfer of an easement in a portion of land described as Part 2 on Plan 10R-3965 for a sanitary sewer to the Regional Municipality of Durham. WHEREAS the Council of The Corporation of The Town of Newcastle has approved the recommendations of Report WD-25-92 including the recommendation that an easement in a portion of land described as Part 2 on Plan 10R-3965 for the purposes of the construction and maintenance of a sanitary sewer be transferred to the Regional Municipality of Durham. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. The transfer of an easement by The Corporation of The Town of Newcastle to the Regional Municipality of Durham, its successors and assigns in Part 2 shown on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 10R-3965 for the purpose of the construction and maintenance of a sanitary sewer together with any and all appurtenances thereto as may from time to time be required to be transferred, to be made for a nominal consideration and to contain terms satisfactory to the Regional Municipality of Durham and the Director of Public Works of The Corporation of the Town of Newcastle, is hereby authorized to be made. 2. The Mayor and Clerk are authorized to execute the transfer of easement referred to in section 1 on behalf of The Corporation of The Town of Newcastle. BY-LAW read a first and second time this 23rd day of March, 1992. BY-LAW read a third time and finally passed this 23rd day of March, 1992. &/M~~l MAYOR CLERK 7,:<-tl .. 1&1 Province F' "~.n 01 . Ontario Fonn 1 - Land ReglstraDon Refonn Act, 1984 .#. 't . l". .." . l.i,..lt. .try _ ~ . .~ t Ql. FO;:;j~ A Transfer/Deed of Land Q 01 l~ ~ I\J <J ~"i ........... - "i- f'. ~ ,t~ ~ >- ~ ..J Z \)Q 0 ~~ lU r() <i rn .~ :l n ~ l/J 1~ 0 if .-. 0 New Property Identifiers a: Additional: 0 u. See 0 Schedule Executions Additional: See D Schedule (6) This . (a) Redescription (b) Schedule lor: Document New Easement Contains Plan/Sketch 0 Description D (1) Registry (3) Property ldenllfler(s) Land Titles 0 (2) Page 1 of 3 pages Block ,Property Additional: See 0 Schedule (4) Consld"~8_________________ 2.00 (5) Description This is a: Property Division D Dollars $ Property Consolidation D Part of Lot 0, Block 2, C.G. Hanning's Plan and Part of Town Lot 9, Hutcheson Plan, designated as Part 2, Plan IOR-3965, being Part of Lot 9, Concession 1, in the Town of Newcastle, in the Regional Municipality of Durham (7) Intere.tlE.tate Tran.ferred Additional Fee Simple Parties 0 Other 0 Sani tary Sewer Easement (8) Transferor(s) The transferor hereby transfers the land to the transferee and certilies that the transferor is at least eighteen years old and that Nam~~' CORPORATION 'OF' M 'TO~ 'o~' ~~~~ure(sj'" ..... ........ ............ "l!1IN~""'" ... ............ .. .. .. . ./V.(........... ..... . .. P.L. Mary Novak, (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) . Signature(s) Date of Signature Y M 0 . . . . . . . . . not. appl.icable. . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . 1 . . . . . I , i I . . . (10) T~:;~::;~~(S) Address 40 Temperance Street, Bowmanv ille, LIC 3A6 (11) Transferee(s) Date of Birth Y M 0 : ! i THE G !1992 105: 01 . . . . . RE 10NAIt .HUHICIPAL/IJ'ITY' OF 'DURHAM' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '1' . . . . T "1 ... ......,.................... "./~ ..~" ............. ':..p'" '-' "'\... '.'''' ..... /...,..,..... {....' .1.. .j.... (.,Q_~I ~.e.~.' I I I .. . G.. .Herrema,. .G1i.;i~Jl', . ............. 'C'.W: . Lundy; . c' .~........ i..... .j... i.... Regional ehair . ' . I l i , I I I (12) Trensferee(s) Address for Service 605 Rossland Road East, Whitby, Ontario LIN 6A3 (13) Tran.feror(l) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date 01 Signature Date of Signature i Y 1M. D. I Y ,M I 0 I I I I 'I Signature. . . . . . . . . . . . . . . . . . ... . . . . .1. . . . . .!. . . J . . .! Signature...........................!...... !. . . J . . . . Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries 01 the transferor ;i to determine that this transfer does not contravene that section and based on the Information supplied by the transferor. to the best of my knowledge Z .and bellef. this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date 01 Signature Q Name and I Y 1M; 0 [ I I " o ~~g~:: 0 Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .! . . . . . .!. . . J. . . . , u i, (14) Sollcftor for Trensteree(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records < ~fl reveal no contravention as set out in subclause 49 (21a) (c) (Ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this g>1_.J!! transfer does not contravene section 49 01 the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario '2; solicitor in good standing. C I- ~ l3S= Name and Date of Signature l(~e Address of . Y M 0 ~.g! Solicitor i ~ Signature. . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . i. . . (15) Aslessment Roll Number of Property (18) Municipal Address of Property Par. t . . i (17) Document Prepared by: Legal Department, Region of Durham 605 Rossland Road E. Whitby, Ontario LlN 6A3 AGT-52-90/a ~ is Registration Fee l/J CJ) ::> ,l/J :0 'U: iU. I~ 10 !l1. Fees and Tax land Transfer Tax Not available Total I' . ' .' , , ., '''ij Province . . of ,,__ Ontario Schedule UIL... UlJ'lltf'.., t,u. llf.U'Lll Form No. 990 " ,. .. Page ~ s Fonn 5 - Land ReglslraUon Refonn Act, 1984 AddltlonatProperty ldentlfler(s) and/or Other Infonnatlon ADDITIONAL COVENANTS The Transferors hereby transfer to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to const~uct, operate and maintain such sanitary sewer or sewers together with any and all appurtenances thereto as may be required from time to time in, across, under and through the lands more particularly described in Box 5 hereof. TOGETHER with the right of the Transferee, its successors and assigns and its and their ser.vants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the said lands at all times and to pass and repass thereon for the purposes of installing, constructing, reconstructing, examining, altering, repairing, renewing or replacing (including replacement with sanitary sewer or sewers of larger size or capacity) and maintaining the said sanitary sewer or sewers or any part "thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the land described in Box 5 hereof. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the lands described in Box 5 hereof unto the TranSferee, it successors and assigns for its and their sole and only use forever. AND the Transferor covenants that it will not erect any buildings or structure, place or remove any fill on any part of the said lands described in Box 5. AND 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 indenture or which may arise out of the existence or operation of the sanitary sewer or sewers and accept the consideration mentioned herein in full satisfaction of all such claims, provided the Transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the rights hereby granted. AND the Transferor covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor. AND the Transferee shall have quiet possession of the said rights and easements, free from all encumbrances, save as hereinafter mentioned. AND the Transferor covenants with the said Transferee that it will execute such further assurances of the said rights and easements as may be requisite. ~~ U:~ Ow ~~ 11111 Amended 1991 Attidavit ot Hesidence and of Value of the Consideration . . 'r Form 1 - Land Transfer Tax AC1..2, Relet 10 aI/ ifidtructions on reverse side. .-J IN THE MATTER OF THE CONVEYANCE OF (InSflff brief descrlpllon of/and) Lot 8, Block 2, C. G. Hanning's Plan and Pa t of Town Lot 9 Hutcheson Plan Part 2 Plan lOR-3 65 bein Part of Lot 9, Town of Newcastle Re ional Munici alit of Durham 50015 THE CORPORATION OF THE TOWN OF NEWCASTLE BY (prlnl names of e/llrlJflsferors In full) TO (see Inslruellon 1 and prlnl names of all Iransferees In full) 'I'RF. RF.~TONAT. MTTNTr.TPAT.TTY OF mTRHAM BRIAN J. ROY REGIONAL SOLICITOR I, (see Instruetlon 2 IJfId print name(s) In full} MAKE OATH AND SAY THAT: 1. I am (place a clear mar/( wilhln the squere opposlle thai one of Ihe following parsgrephs thai describes the capacity of Ihe deponant(s)}: (see Inslructlon 2) o o o IlJ (a) A person in trust for whom the land conveyed in the above.described conveyance is being conveyed; (bl A trustee named in the above.described conveyance to whom the land is being conveyed; (cl A transferee named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for (Insflff name(s) of prlnclpa/(s)} The Regional Municipality of Durham o described in paragraph~ (c) above; (slrike oul references to Inapplicable paragraphs) (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert name(s) of corporatlon(s)) described in paragraph(s) (a), (b), (c) above; (slrlke out references to Inapplicable paragraphs) o If) A transferee described in paragraph{ ) (Insert only one of paragraph (a), (b) or (c) above. as applicable) and am mak ing this affidavit on my own behalf and on behalf of (/nsflff 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 exc88ds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o 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 o does not contain a single family residence, cent upon the value of consideration in excess of $400,000 where the convey- o contains more than two single family residences. (see Ins/rucllon 3) ance contains at least one and not more than two single family residences. 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 lor 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 InS/rucllons 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: $ 2.00 $ nil $ nil $ nil $ nil $ nil $ nil (a) Monies paid or to be paid in cash . . . . " ......'.....,.'.... (b) Mortgages (i) Assumed (show principal and Inleresllo b6 credlled against purchase price) (ii) Given back to vendor . . . . . . . (c) Property transferred in exchange (delall below) .. . . . . . . . . . . . . . . . . . (dl Securities transferred to the value of (delall below) . . . . . . . . . . . . . . . . . (e) Liens, legacies. annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (delall below) All Blanks MuSI Be Filled In, Insert "Nil. (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 personal property (Relall Sales Tax Is peyable on the value of all wllels unless eXllmpl under IIIe provisions of IIIe "Relail Sales Tax ACI", R.S.O. 1980, c.454, as amended) . . . . . . . . . . , . . . $ '(j) Other consideration for transaction not included in (g) or (h) above ..,............. $ (j) TOTAL CONSIDERATION ....................,.................. $ 5. If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. (see Inslrucl/on 6) transferred as a condition of a subdivision/servicin~ a~reement $ 2.00 $ 2.00 Where Applicable. nil nil 2.00 6. If the consideration is nominal. is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. Sworn before me at the Town of Whitby in the RegiO~ Municipality of Durham this 8Jft: 1"'- I yof May .191.bt 92 LATlFUN NlSHIt "PRASAD. a Comml~sloner, etc" YJ 1(\, ~ () r A j ~g, ional Municipality of Durham, for The Regional k. .\.UtX-I~niciPality of Durham, A Commjssi e or tak ing Affidavits, etc. Explrea Seplembet 4, 1993. Registration No, Property Information Record A. Describe nature of instrument: Transfer I easement B. Ii) Address of property being conveyed (If available) not available (ii) Assessment Roll No. (If availablll) not avai 1 ah 1 e C, Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see Instruction 7) 605 Rossland Road E., Whitby, ON LIN 6A3 Regislretion Dale lend Registry Office No. E. (j) Registration number for last conveyance of property being conveyed (If available) Iii) Legal description of property conveyed: Same as in D.(i) above. Yes ~ Name(s) and address(es) of each transferee's solicitor Legal Department, Regional Municipality of Durham 605 Rossland Road East, Whithy~ ON LIN 6A.l n/a NoD Not known 0 D. School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesD No 0 (b) If Yes. do all individual Iranslerees wish to be Roman Calholic Separate School Supporters? YesD No D (c) Do all individual transferees have French I.anguage Education Rights? YesO No 0 (<I) If YlllI, do all Individual transletees wish 10 support the French t.angllage Schoot Board (where established)? YesO No 0 ", He.' '. 'r.) ...... ('II 'ro" f;lnll befnOl ,......"'nrr"" willlln lUl!liOl'f'rlto Ill" r<r"wl, r,,"I;c l',.h",n' .flo:>rd II' S~ctor IInlns!; olhmwi,," rfiwr.tcd In t:ll ".pi '"l . _ '0 o~~'n 10'