BY-LAW NUMBER OF 1998 OF THE CITY OF SARNIA

Transcription

1 BY-LAW NUMBER OF 1998 OF THE CITY OF SARNIA "A By-Law to Authorize a Transfer of Easement from Fabio Michelucci to the Corporation of the City ofsarnia" WHEREAS it is deemed expedient that The Corporation of the City ofsarnia enter into a Transfer of Easement from Fabio Michelucci. of Sarnia enacts as follows: NOW THEREFORE the Municipal Council of The Corporation ofthe City 1. The Corporation of the City of Sarnia is authorized to enter into a Transfer of Easement from Fabio Michelucci, in the form of the Transfer of Easement a copy of which is annexed to this By-Law. 2. The Mayor and Clerk are authorized to execute such Transfer of Easement and to affix to it the Corporate Seal of The Corporation of the City of Sa mia, together with any other document or material collateral thereto or required in connection therewith. 3. The Mayor and Clerk are authorized to make minor changes to such Transfer of Easement. 4. This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this day of,1998. Mayor ClWPDOCSIBY-LAWlMICHELUCCI EASEMENT TO CITY

2 >- -I Z w fi) ::) w u u:: a: New Property Identifiers Executions Province of Ontario Additional: See Schedule Transfer I Deed of Land Form 1 - Land Registration Reform Act SoftDocs 4.1 Wordprocessor Interface (1) Registry [Xl Land Titles o 1(2) Page 1 of 4 pages (3) Property Block Property Identifier(s) Additional: See Schedule (4) Consideration One Hundred and Twenty Thousand /1 Dollars $12,. (5) Description This is a: Property Division Property Consolidation Part Lot 26, Front Concession, Geographic Township of Sarnia, City of Sarnia, County of Lamb ton, more particularly described as Part 2 on Reference Plan 25R A oj (6) This (a) Redescription Document New Easement Contains Plan/Sketch Additional: See Schedule (b) Schedule for: Additional (7) Interest/Estate Transferred ~ee SiFl'lf!lle Description Parties Other [Xl Easement (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that I.(lm.(l.~PQlJ~~;.my.$PQlJ~~,.wbQi$.tlQt.$~p(lr(lt~d.ftollllll~,.(ltld.lhCl,y~.p.~y~.r..QGGlJpjed.tbi$.PIQP~rty.(l$.C:lf(lJ11ily.. r~s.i<i~ilgt),..... Date of Signature Name(s) Signature(s) y M D MICHELUCCI,.. tc:lbio.. (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M D MICHELUCCI,. NC:ljl1).C:ll)i$~C:l... (1) Transferor(s) Address for Service Huron Shores Drive, Sarnia, ON N7T 7H6 (11) Transferee(s) D3.te of Signature ~ y M D CORJ>ORAIION.OF.IBE.. CIIY.Ot.SARNlA... Mayor Ll998 (12) Transferee(s) Address for Service 255 North Christina Street, Sarnia, ON N7T 5V4 Clerk (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 5 of the Planning Act. Date of Signature Date of Signature y M D Y M D Signature... Signature.. -I Solicitor for Transferor(s) I have explained the effect of sectioll 5 of the Planning Act to the transferor and I have made inquiries of the transferor to <:( z 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 i= Name and Y M D Il.. Address of Solicitor Signature. I U - <I) (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 <:( Q) reveal no contravention as set out in subclause 5 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer 1 E~~ C _..!?tti does not contravene section 5 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good t:: ">II) c standing..!!! ~~ Il.. ~~'" ",~t:: U5. "-= Name and )(~'" -ofi; Address of :t::."t::;;::. Date of Signature <1:.>1 Solicitor Y M D (5 f.ij Signature (15) Assessment Roll Number Cty. Mun. Map Sub. Par. ~ Fees and Tax of Property -I NIA Z Registration Fee (16) Municipal Address of Property (17) Document Prepared by: w fi) NIA Alex P. Palimaka Land Transfer Tax ::) Associate Lawyer w u Legal Services u:: The Corporation of the City of Sarnia North Christina Street a: Sarnia, Ontario N7T 5V4 ~ Total SoftDocs IS a registered trade mark of StyleUs Corporation, Toronto, Canada. 11/1992

3 S C H E D U L E Page 2 In consideration of the sum of TWO ($2.) DOLLARS of lawful money of Canada, now paid by the Municipality to the Grantor (the receipt whereof is hereby acknowledged), the Grantor hereby grants and conveys in perpetuity to the Municipality its successors and assigns, the rights and easements: (a) To enter and lay down, install, construct, maintain, open, inspect, add to, alter, repair and keep in good condition, remove, replace, relocate, reconstruct, supplement and operate one or more water or sewer mains, hydro cable, gas mains and cable television cables ("Services") or any part thereof, including all appurtenances necessary or incidental thereto, on, in, across, under and through the land (herein called lithe Stripll) described in Box 5 on Page 1 hereof; (b) For pedestrian and vehicular access and to enter and lay down, install, construct, maintain, inspect, add to, alter, repair and keep in good condition, remove, replace, relocate, reconstruct supplement and operate a private road and such other appurtenances necessary or incidental thereto, on, in, across, under and through the Strip. (c) For the servants, agents, contractors and workmen of and other persons duly authorized by the Municipality, at all times and from time to time to pass and repass with all plant, machinery, material, vehicles and equipment as may be necessary, along the Strip for any and all purposes of the municipality, and those necessary or incidental to the exercise and for the enjoyment of the rights and easements herein granted. The aforesaid rights and easements are herein granted on the following terms and conditions which are hereby mutually covenanted and agreed to by and between the Grantor and the Municipality. 1. Upon the completion of the construction of the aforesaid Services and of any installation, replacement, maintenance, inspection, repair, alteration or removal work subsequent thereto by the Municipality or its designate, the Municipality or its designate, respectively, shall fill in all excavations in the strip and as far as practicable restore the surface thereof to the same condition as that in which it was found prior to the commencement of the work and shall remove all equipment and rubbish. 2. The Grantor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or built on, in, over, through or under the strip any pit, well, pavement, building, structure or other obstruction of any nature whatsoever without the prior written consent of the Municipality, but otherwise the Grantor shall have the right fully to use and enjoy the strip subject always to and so as not to interfere with the rights and easements hereby granted to the Municipality. 3. The Grantor shall be responsible for any damage to the property of the Municipality, caused directly or indirectly by the acts or omissions of the Grantor or of persons acting under the authority of the Grantor. 4. The Municipality shall, at its own expense, construct, maintain, inspect, add to, alter, repair and keep in good condition, remove, replace, reconstruct and operate a private road on and over the Strip, although the Grantor acknowledges that this obligation is to be replaced by a maintenance agreement executed by those parties to whom this easement is assigned by the Municipality. 5. Except with respect to the responsibilities of the Grantor set out in Sections 2 and 3 herein, the Municipality agrees to indemnify and hold the Grantor and the Mortgagee harmless from any damage, costs, Loss or expense whatsoever arising out, under or pursuant to the use of the Strip by the Municipality or others entitled to use the Strip. 6. Notwithstanding any rule of law or equity, the water or sewer mains and all other equipment and appurtenances brought on to, laid on or erected upon, or buried in or under the strip by the Municipality shall at all times remain the property of the Municipality notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Municipality or its successors and assigns. 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 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 masculine is used, it shall be construed as if the plural of 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. The Grantor covenants with the Municipality that he has the right to convey the said rights and easements to the Municipality notwithstanding any act of the Grantor. And that the Municipality shall have quiet possession of the said rights and easements, free from all encumbrances, save as aforesaid. And the Grantor covenants with the Municipality that he will execute such further assurances of the said rights and easements as may be requisite. And the Grantor covenants with the Municipality that he has done no act to encumber the said land save as aforesaid. And the Mortgagee and Encumbrancer to the extent of their interest in the land of the Grantor hereby consent(s) to and agrees in the grant herein contained and for themselves, their heirs, executors, administrators, successors in title and assigns hereby subordinates and postpones all their right, title and interest in the said strip of the Municipality and to the rights and easements herein granted.... /3

4 The aforesaid rights and easements are hereby declared to be appurtenant to the Municipality's water or sewer mains system and undertakings including, but not limited to, the highways in the City of Sarnia owned by the Municipality. The easement, created by this Instrument, can be assigned or transferred by the Municipality without the consent of the Grantor, provided that the proposed assignee or transferee agrees to be bound by the terms stated herein. Page 3 WP (AD) C:\AGREE\FORMS\EASMTSCH.TEM-P2 D15

5 SoftVocs8 4.1 Wordprocessor Interface 8/1992 Document prepared by The Oorporation of the Oity of Sami., Samia, Ontario Refer to all instructions on mverse side. Affidavit of Residence and of Value of the Consideratiol Form 1 - Land Transfer Tax Ac IN TH E MATT E R F THE CON V EY AN CEO F (Insert brief description olland) ~_---::--_-:-_--: -:-_-=- :--_--: Part Lot 26, Front Concession, Geographic Township of Samia, City of Sarnia. County of Lamb ton, more particularly described as Part 2 on Reference Plan 25R BY (print namea of all tranafeton In full) FABIO MICHELUCCI TO (see Instruction 1 and print names of all transferees In full) CORPORATION OF THE CITY OF SARNIA I, (see Instruction 2 and print name(s) In full} --LALEXP.PALTIdAKA MAKE OATH AND SAY THAT: 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; IX! (d) The authorlzed~ solicitor acting In this transaction for (Insert name(a) of prlnclpal(a)) CORPORATION OF THE CITY OF SARNIA 1. I am (place a clear mark within the.quare oppo"/te that one of the following paragraph. that deaerlbe" the capacity of the deponent(s)): (aee Imtructlon 2) described In paragraph(s) 'ter. 'fer. (c) above; (atrike out reference. to Inapplicable paragraphs, o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert name(s) of corporatlon(a)} described In paragraph(s) (a), (b), (c) above; (strike out reterencea to inapplicable paragraphs. o (f) A transferee described In paragraph ( ) (Insert only one ot paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and ( behalf of (Insert name ot spouse) who Is my spouse descrlbl In paragraph ( ) (Imert only one ot paragraph (a), (b) or (c) above, as applicable) and as SUch, I have personal knowledge of the facts herein deposed \( 2. (fo be completed where the value of the consideration for the conveyance exceeds $4,). 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 conveyanc, 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 p does not contain a single family residence. cent upon the value of consideration In excess of $4, where the conveyan o contains more than two single family residences. (aee Instruction 3) 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)(1) and (g) of the I 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 corp oralio or a "non-resident person" as set out In the Act. (see Instructions 4 and 5) 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) $ $ ~n~il -,6"",'4-',"""""",,,.,,-,,,- (II) Given back to vendor... $ --'n"'i"'l $ -,6",-",->-" O""O"--O~. ",",- (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 (I) 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 (r)).... (h) VALUE OF ALL CHATTELS - Items of tangible personal property (Retail Sales Tax I. payable on the value of all chattels unless exempt under the provisions of the -Retail Sales Tax Act-, R.S.O. 198, c.454, as amended) (I) Other consideration for transaction not Included In (g) or (h) above.. (J) TOTAL CONSIDERATION.... $ ~n~il $ -'n~il $ n... il $ 12,. $ _-""1=2=,",-,"","",,.,-= $------=~ nil $ -:----=:on... il $ ===1~2;:c, :=,===,,== 5. If consideration Is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see InstrucUon 6) All Blan. MustB Filled II Insert -,. Where Appllcsl 6. If the consideration Is nominal, Is the land subject to any encumbrance? _~'-'L~ 7. Other remarks and explanations, If necessary. Ity fs ami a In the County of Lambton this day of 1998 Sworn before me at the C' A Commissioner for taking Affidavits, etc. Property Information Record > t, ALEX P. PALIMAKA slgnature(s} A. Describe nature of Instrument: EaSem:mt ~ RegistratIon No. B. ( I) Address of property being conveyed (If available) N/A (II)Assessment Roll No. (It available) N/A C. Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (see Imtructlon 7) 255 North Christina Street, Samia, ON Registration Date I N7T 5V4 For Land Registry Office Use Only Land Regist!)' Office D. (I) Registration number for last conveyance of property being conveyed (If available) (II) Legal description of property conveyed: Same as In.(1) above. Yes No Not known E. Name(s) and address(es) of each transferee's SOlicitor Alex P. Palimaka. Associate Lawyer L~~l Services, City of Samia 255 North Christina Street. Samia, ON N7T 5V4 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all Individual transferees Roman Catholic? Yes No (b) If Yes, do all Individual transferees wish to be Roman CathOlic Separate School Supporters? Yes No (c) Do all Individual transferees have French Language Education Rights 7 Yes No (d) If Yes, do all Individual transferees wish to support the French Language School Board (where established)? Yes No 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 (8) and (b). 449D (9C

6 BY-LAWNUMBER /li3 OF 1998 OF THE CITY OF SARNIA "A By-Law to Authorize a Transfer of Easement from Fabio Michelucci to the Corporation of the City ofsamia" READINGS: FIRS T: "'-'"'-"""-="--'--"-"WI"'7---"-L-L=-' SECOND:vL2if. ~~ J q,;;; THIRD: '-J)d. ;2~ ) ~ 51 THE CORPORATION OF THE CITY OF SARNIA (APP:df) Legal Services City Hall Samia, Ontario N7T 7N2

7 DEPARTMENT CORRESPONDENCE People Serving People TO: FROM: DATE: RE: Alex Palimaka Associate Lawyer Evelyn Laird Clerk's Department October 27 th, 1998 Rainbow Cove R.O.W. - Transfer of Easement - Michelucci Attached is a copy as well as a certified copy of By-Law 163 of 1998, being A By Law to Authorize a Transfer of Easement from Fabio Michelucci to the Corporation of the City of Sarnia" which was passed by Sarnia City Council at its meeting held October 26 th, 1998, together with two fully executed copies of the Agreement document for registration and distribution purposes.