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HomeMy WebLinkAbout83-114 ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83- 114 being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Newcastle and Her Majesty The Queen, in right of the Province of Ontario, represented by the Ministry of Transportation and Communications The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation seal, an Agreement between Her Majesty the Queen, in Right of the Province of Ontario, as represented by the Ministry of Transportation and Communications and the said Corporation, dated the Fifth Day of August 1983, which is attached hereto as Schedule uX.u By-law read a first and second time this 24th day of August 1983. By-law read a third time and finally passed this 24th day of August 1983. ..~?Z."~ Mayor Garnet B. Rickard ...J~d;&u..~ DavidfW. Oakes, Clerk \ fN ~{L......I.1..:...~L....!..~.:€....._1 . .. '. Deed - Without Spousal Consent DYE 8: DURHAM CO. LIMITED FORM NO. 1.3 w4ta 3Jubruturr triplicate made inl!fi~UMfFe fifth day of Augult one thousand nine hundred and elghty-tture. 1Jn Jursuunct of tlyt ~bort 111 orms of <1ronutlluncts Ad: iSdtuttn THB CORPORATION OP THB TOWN OF NKWCASTLI, (formerly f'. Corporation 01 the Township of Clarke) hereinafter called the Grantor or THB FIRST 'ART, - and ... HIR MAJESTY THE QUESN, in right of the Province o~ Ontario represented by the Ministry of Transportation and Communicatione tor the Provinee of Ontario, hereinafter called the Grant.. OP THB SECOND PART: mitntssdb that in consideration ofOther good and valuable coneideration and t.he .um of ONE-----------------($l.OO)-------------DO:t..LAR now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him acknowledged, he the said Grantor DOTH GRANT unto the said Grantee in fee simple THOSE lands and premises located in the following municipality, namely, in the Town of Nevcaatl., in the Regional Municipality of Durham formerly in the Town.hip of Clarke, in t.h. County of Durham W~~xx in the Province ot Ontario, PIRSTLY: Being that PART OF LOT 27, CONCESSION 5, ot the Geographic Town'hip of Clarke, deaignated a. PART 9 on a Mini'try of Traneportation and Co..unications Plan of Survey '-2390-70 being a Reference Plan depoei~ed in the Land Registry Office tor the Registry Division of Nevcastle .a Plan 10 a-1552. SECONDLY: Tho.. PARTS OP LOT 27, CONCESSION 5, of the Geographic Township of Clarlte, d.signat.ea as PARTS 2 and J on a Ministry of Transportation and Communications Plan of Survey '-2390-71 being a Reference Plan deposited in the Land aegietry Office for the Registry Div1eion of Newcastle as Plan 10 R-1541. By-law No.. D-:?_:~.!.L1___~..~ . ," . - --7- Deed of Land - Limited Company Page 2 - (Amended July, 1979) DYE & DURHAM CO. LIMITED FORM NO. 714 TO HAVE AND TO HOLD unto the said Grantee, his heirs, executors, administrators, successors and assigns to and for their sole and only use forever; SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. -- The said Grantor COVENANTS with the said Grantee that it has the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor. AND that the said Grantee shall have quiet possession of the said lands free from all encumbrances. AND the said Grantor COVENANTS with the said Grantee that it will execute such further assurances of the said lands as may be requisite. AND the said Grantor COVENANTS with the said Grantee that it has done no act to encumber the said lands. AND the said Grantor RELEASES to the said Grantee ALL its claims upon the said lands. PROVIDED that in construing these presents the words "Grantor" and "Grantee" and the pronouns "it", "he", "his" or "him" relating thereto and used therewith shall be read and construed as "Grantor" or "Grantors", "Grantee" or "Grantees", and "he", "she", "it" or "they'\ "his", "her", "its" or "their", or "him", "her", "it" or "them", respectively, as the number and gender of the party or parties referred to in each case require, and the number of the verb agreeing therewith shall be construed as agreeing with the said word or pronoun so substituted. WITNESS the Corporate Seal of the Corporation hereunto affixed .as attested by the hands of its proper signing officers in that behalf. 1'81 coapORATXOII or TS8 TOn or ..CAS'lL. ~~ Per: -,7 ~A'~,~~~... /J .~r; .........~......6k.. ~ Refer to all Instructions 'on Reverse Side DYE & DURHAM CO. LIMITED Form 1 - Land Transfer Tax Act FORM NO. 500 (Amended Oct, 1, 1981) AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION ,..., Lot 27, COllo...1Oft 5, ,,~E ~TJf.~ii'i:;Y~~~;.rri';.r~lp~rlt.y. ...t. Dud'..;' 'PDT' .,. 'e' ....,.,...... 'lu .~aJ"O;';'.' 'ud' . PH'.' .2....). '.,.' 'a.t.~.Q'.' .St'1u' ......11...-'1..................................... .... .................... .,...... 'y._' eouOMf'SOli' 'Of' 'f. '.,QWM'. .tfneA.'ttLlf........................ BY (prmt names of all transferors In full) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................................,............................................. ..~l..:;io~fdf;_.sofa~"t:r..u/~:~ crJ:i;.~:'~;:' t::';:::i::'. .:,. .::U 10' . . . ..........................~............................................................................................ I, (see instruction 2 and print name(s) in full) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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) o (a) A person in trust for whom the land conveyed in the above-described 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 named in the above-described conveyance; o (d) The authorized agent or solicitor acting in this transactio nfOr(insertname(s)ofprincipal(s)) ......,.................................. . . . . . . . .. . . . . . . . . ~ .~,;~;~;~ ~;a~';~~(;1 . . . ;;1. . . .(~i, ., ' , (~I ' , ' ;~;;;; ,;;,;,;;",; ~~;;,,;;.; ~ i;;;';';;'~; ;;~;;;";;J o lel~' P'~'d'",'V'~~" . #~';b'"~:'~:Z:~:;~7rn:trn":~I:~~"I::O act;:~:::;;:m~:Z::~~~''''~~~;'ph'J o I~ ~;:f';~~':~::;~Of" -9-1' i"'~" '""":'~ 01 P'~~~(" (bJ ~"J,',-","'PPI~'~'I ,,'" ~~ makiogth;' 'fflda~1t o~my owo who is my spouse describ in paragraph ( ). (insert only one of paragraph (a), (b) or(c) above, as applicable) and as such, I have personal knowl e of the fa~rei eposed to. 2. I have read and considered the de itlon~o~resl nt corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (g) of the Act. (see instructIon 3). .~ ~. The following persons to whom or in tr t fo ~he an onveyed in the above-described conveyance is being conveyed are non-resident persons within the meaning of the Act. (see stru t~ _... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................... ....fI ......... ................................................................ 5. $ ................ $ ................ $ ................ $ ................ $ ................ $ ................ $ 4. (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL.: UBJECT TO 1 LAND TRANSFER TAX (TOTAL OF (a) to (f)) . . . . . . . . . . .. .... ~ . . . :.< . . . . (h) VALUE OF ALL CHATTELS - items of tangible personal prope ".",' ,) (Retail Sales Tax is payable on the value of a/l chattels unless exempt under ~'i:'/' the provisions of the "Retail Sales Tax Act'; R.S,O, 1980, c.454, as amended) . . .. ... '1JfJ'" . ~ . '. . .. ................. (i) Other consideration for transaction not included in (g) or (h) above ...... '. .. ................ $ ................ ALL BLANKS MUST BE FILLED IN. INSERT "NIL" WHERE APPLICABLE. Gl TOTAL CONSIDERATION $ ................ $ $ e 6. 7. SWORN before me at the inthe this day of 19 } A Commissioner for taking Affidavits, etc. signature(s) PROPERTY INFORMATION RECORD ., Deed A. Describe nature of Instrument:. . . . . . . . . . . . . . . . . . . . ./. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. (i) Address of property being conveyed (if available) . . . .~. ..,.... . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. ..10.....1..110..............."..............."................................... (Ii) Assessment Roll No. (if available) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Mailing addre~foraut~s of Assessment under the Assessment Act for property beir,g conveyed (see instruction 6). . . . . . . . . . . . . . . . . . ......,............................................................... '.""11" '1101" ... .1501.............. D. (i) Registration number for last conveyance of property being conveyed (if available) It-:, . . . . . . . . . . . . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ii) Legal description of property conveyed: Same as in D.(i) above. YesD No U Not Known 0 E. Name(s) and address(es) of each transferee's solicitor MINISTRY Of TRANSPORTATION .&. COMMUNICA liONS PRC)'r>ERtV" 'S'E"crfO'N;-' 'CE'N"TR'A'L" 'RE'G'ION ................................................ . 350l. DUff.ERIN.. .5T.,... .DOWNSVI.EW.. .O.NT... . . . . . . . . . . . . . . . . . M3K' 'lN6' . . . . . . . . . . . . . . . . . . . . INSTRUCTIONS 1. Where any transferee (other than a joint tenant) is taking less than the whole interest in the property being acquired, then the percentage ownership of each such transferee must be clearly indicated beside his/her respective name. 2. (i) It should be noted that if all deponents are not entitled to mark the same square in paragraph 1 of the Affidavit, then more than one Affidavit will be required. Only those deponents who are entitled to mark the same square in paragraph 1 may swear the same Affidavit. (ii) This Affidavit is required to be made by each transferee named in the conveyance, by each person in trust for whom the land conveyed in the conveyance described is being conveyed and by each trustee named in the con. veyance to whom the land is conveyed. (iii) However, any of the transferees may have the Affidavit made on his behalf by an agent authorized in writing to make the Affidavit or by his solicitor. (see clause (d) of paragraph 1 of Affidavit) (iv) The Affidavit for a transferee that is a corporation may be made by its President, Vice-President, Manager, Secretary, Director or Treasurer. (see clause (e) of paragraph 1 of Affidavit) (v) Where transferees are married to each other, either spouse may make the AffidaVit on pehalf of him/herself and the other. (see clause (f) of paragraph 1 of Affidavit) . 3. Extract of clauses f and g of subsection 1 of section 1 of the Act: (f) "non-resident corporation" means a corporation incorporated, formed or othe.rwise organized in Canada or elsewhere, (i) that has allotted and issued shares to which are attached 50 per cent or more of the voting rights ordinarily exercisable at meetings of the shareholders of the corporation and that are owned by one or more non-resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such one or more non-resident persons do not in fact directly or indirectly exercise control over the corporation and that subclause (v) does not apply to the corporation, (ii) that has allotted and issued shares to which are attached 25 per cent or more of the voting rights ordinarily exercisable at meetings of the shareholders of the corporation and that are owned by anyone non-resident person, but this subclause does not apply where it is established to the satisfaction of the Minister that such non-resident person does not in fact directly or indirectly exercise control over the corporation and that sub- clause (v) does not apply to the corporation, (iii) one-half or more of the directors of which, or of the persons occupying the position of director by whatever name called, are individuals who are non-resident persons, (iv) without share capital and one-half or more of the members of which are non-resident persons, or (v) that is controlled directly or indirectly by one or more non-resident persons, including a non-resident corpora- tion within the definition contained in the provisions of this clause other than this subclause; (g) "non-resident person" means, (i) an individual who is not ordinarily resident in Canada or who, if ordinarily resident in Canada, is neither a Canadian citizen nor an individual who has been lawfully admitted to Canada for permanent residence in Canada, (ii) a partnership, syndicate, association or other organization of whatsoever kind of which one-half or more of the members are non-resident persons within the meaning of subclause (i), (iii) or (iv) or in which interests repre- senting in value 50 per cent or more of the total value of the property of such partnership, syndicate, association or other organization are beneficially owned by non-resident persons within the meaning of subclause (i), (iii) or (iv), 4. Insert the name and place of residence - or in the case of a corporation, the place of incorporation - of any transferee who is a non-resident person. If space is insufficient, attach a list of those transferees who are non-resident persons. If none of the transferees is non-resident, insert 'none', Note: Where the person named in the instrument as grantee is taking title on behalf of another person(s), the residency status to be recited must be that of the person or persons who are the beneficial owners of the land - not that of the grantee named in the instrument. This applies regardless of whether the trustee or nominee capacity of the grantee named in the instrument is indicated on the instrument. 5. Explain purpose of transfer: natural love and affection, pursuant to court order, separation agreement, etc. 6. Insert mailing address(es) where municipal assessment notices for property being conveyed are to be forwarded after closing of this transaction. e e NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGISTRATION, ONE UNATTACHED, COMPLETED COpy MUST BE TENDERED TO THE LAND REGISTRAR AT THE TIME OF REGISTRATION. . , . 113l(,7. .- I Division oJ Newcastle (No. 10) ..1 "flfY that this instrument is regist8rea . ~ .M. '..,rp 6 land ~ ,.;;. Office at iowmanville Ontario. ~ 12 36 PM '83 ltitfie ~~ z '0 i= e( II: I- ~ C) IIJ 0:: lI. o Id l- e( .!:! fof!!: I- 0:: Id U 00:: ....0 ....lI. ....e fi't> . 0:: ..~ Id 0:: Id II o I- Id U e( II. VI !!! :I: I- ~<c. \\ ,~, \ V t"C. ~,. \)1 .r'.'~..~ ~\.,v .' '\ \)'P .. ~~fS ~ REGISTRATION FEE IG LAND TRANSFER TAX RETAIL SALES TAX Dated AWj..4, e 1981 !1lB COJtPOIlATIOlf OF 'fO 'f01ftt OF IIBWCAS'fLB TO .a MAnSft 'fU QUOII, 1. J:i91l~ of t.be ProY1ue of 0at.ar:1o r:epre_a..ed by the IIta18ter of 'rr...portAt.101l _4 C....a1cat..ions for the Provinee of oat." 10 Address: Me belov mttb of JLanb (Limited Company) Dye & Durham Co, Limited. 160 Bartley Drive, Toronto 05&-14100 ASSESSMENT ROLL NO:,.. B/A ADDRESS OF PROPERTY: Part. Lot 27, Coace..loaS 1'ownorMncaat.l. ..................... 1l.'1on.l...u.icip.alit..y...of.,,1)ur..... MINISTRY OF TRANSPORTATION & COMMUNICATIONS PROPERTY SECTION. CENTRAL REGION 3501 DUFFERIN ST., DOWNSVIEW, ONT. M3K 1N6 \~, '