HomeMy WebLinkAboutBy-law 1607/82THE CORPORATION OF THE TOWN OF P]CKER~NG
BY-LAW NUMBER 1607/82
Being a By-law to authorize the execution of a
transfer conveying Block C, Plan M-20, Pickering
to The Regional Municipality of Durham (reserve,
West Shore Boulevard/Bayly Street)
WHEREAS The Corporation of the Town of P~ckerin§ is the successor to The
Corporation of the Township of Pickering, which acquired Block C, Plan
M-20, ?ickering, by Instrument dated June 15th, 1960 and registered August
5th, 1960, as Instrument No. 2081, for the purpose of a reserve along the
west side of West Shore Boulevard and across what was then the west end
of Bayly Street; and
WHEREAS the Regional Municipality of Durham has extended Bayly Street and
improved the intersection of that street and West Shore Boulevard thereby
precluding the need for the Town to retain the reserve; and
WHEREAS the Regional Municipality of Durham requires the reserve to be
conveyed to it for dedication as public highway; and
WHEREAS, pursuant to the provisions of section 193(1) of the Municipal
Act, R.S.O. 1980, chapter 302, the council of a municipal corporation
may dispose of land previously required by it when no longer so required;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a transfer,
in the form attached hereto as Schedule "A", for the conveyance
by the Town to The Regional Municipality of Durham of Block C,
Plan M-20, Pickering. (Reserve; West Shore Boulevard/Bayly Street)
By-law read a first, second and third time and passed this 24th
day of January , 1983.
~yor
Clerk /
Titit Att
THE CORPORATION OF THE TOWN OF PICKERING
the successor to The Corporation of the Township of Pickering,
SCHEDULE "A"
to
BY-LAW NOd[607/82
the registered mvner of the freehold land registered in the [,and
Registry Office for the Land Titles Division of Durham (No. 40)
as Parcel M- l l - C- l
in the register for Section Town of Pickering
in consideration of the sum of Two .......................................
............................. ($2.00) ...................................
................................................................. Dollars
paid to it TRANSFER to
THE REGIONAL MUNICIPALITY OF DURHAM
the land hereinafter particnlarly described namely
ALL AND SINGULAR that certain parcel or tract of lands and premises,
situate, lying and being in the Town of Picketing, in the Regional
Municipality of Durham and Province of Ontario, and being composed of
all of Block C according to a plan of subdivision registered in the
said Office as Plan M-20.
"the whole"
the fact.
Where the
whole parcel
being
part
of the said parcel
Form L1333
Transfer of
Freehold Land
Withou~
Spousal
DATED the twentieth
day of December
19 82.
WITNESS:
THE CORPORATION OF THE
TOWN OF PICKERING
Mayor
Clerk
AFFIDAVIT OF SUBSCRIBING WITNESS
of the
in the make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
I verily believe that each person whose signature I witnessed is the par~y of the same name referred
to in the instrument.
SWORN before me at the
in the
this day of 19
IN THE MATTER of the PLANNING ACT (as amended)
AND IN THE MATTER of the TITLE TO Block C, Plan M-20, Pickering
AND IN THE MATTER OF A Transfer
THEREOF, FROM THE CORPORATION OF THE TOWN OF PICKERING
TO THE REGIONAL MUNICIPALITY OF DURHAM
DATED December 20th, 1982
1, C. M. Timothy Sheffield
of the Town of Pickering in the
Regional Municipality of Durham
MAKE OATH AND SAY AS FOLLOWS:
1. I am the Solicitor for the Transferor
named in the above mentioned Instrument, and have knowledge of the matters hereinafter
sworn.
Delete
if not
applicabIe
State
other
2. The said Instrument, and the conveyance or other dealing with land affected thereby, do
not contravene the provisions of The Planning Act, as amended, because
the lands are being disposed of by a municipality.
SWORN before me
at the
in the
this
day of
Town of Pickering
Regional Municipality of Durham
December 1982
A Comraissioner for Taking' Affidavits, etc.
:cfm L0821 Land Transfer Tax Act on reverse
AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION
N THE MATTER OF THE CONVEYANCE OF (insert brief description of/and) ......................................
~Y (print names of al/ trans£erors in fu/I) .... THE' 'COR'P'ORATT0~' OF 'THE' 'T0~N' '0~' P'I'C KER'I'N6 ..............
,{sse instruction 2 end prin~ nsme{sJ in ful/J ...............................................................
VlAKE OATH AND SAY THAT:
I. 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 principal(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
[] (e) The President. Vice-President. Manager, Secretary, Director, or Treasurer authorized to act for .....................
(insert name(s) of corporation(s))
described in paragraph(s) (a), (b), (c) above. (strike out references to inapplicable paragraphs)
[] (f) 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 (aj, (b) or (c) above, as applicable)
and as such, I have personal knowledge of the facts herein deposed to.
!. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses
I (1)(f) and (g) of the Act. (see instruction3)
L The following persons to whom or in trust for whom the land conveyed in the above-described conveyance is being conveyed are non-
resident persons within the meaning of the Act, (see instruction 4) ..............................................
n'on e ......................................................................................
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: '~
$ 2..PP .....
(a) Monies paid or to be paid in cash ..........................
(b) Mortgages (i) Assumed (show principal and interest to be credited
against purchase pr/ca) ................................. $ . . .
{ii}Given back to vendor ......................... $
(c) Property transferred in exchange (detail below) ................. $ ' D'i~ .....
(d) Securities transferred to the value of (detailbelow) .............. $
(e) Liens, legacies, annuities and maintenance charges to which t3i l
transfer is subject .................................... $ .........
(f) Other valuable consideration subject to land transfer tax ni l
(detail below) ....................................... $
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT 2.00
TO LAND TRANSFER TAX (total of (a) to (f)) ................ $ .........
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sa/es Tax is payable on the value of ail chattels un/ess exempt
under the provisions of the Retail Sa/es Tax Act, R.S.O.
c. 454, as amended) ...................................
(i) Other consideration for transaction not included in (g) or (h) above...
{j) TOTAL CONSIDERATION .............................
2.00
nil
$2.uu
If co, nsi,deration is nominal,.d~scri.be relations.hip betv~een transfe[or, and tri~nsferee and state purpose of conveyance. (see instruction
5) La) n.c..~e.lationsnlp Detween transferor an~ ~ransteree
...(]bj] ]p. Umr.p.o.s]e] io]i~ ]c]o]n]v]e~]a]n]c]e] ]i]s] ]t]~ ]i~a]r~s]i~e]r] ]~e]s]~
If the consideration is nominal, is the lend subject to any encumbrance? no
Other remarks and explanations, if necessary ............................................................
SWORN before me at the /
in the
this day of
A Commissioner for taking Affidavits, etc. (signature(s))
ALL BLANKS
MUST BE
FILLED IN.
PROPERTY INFORMATION RECORD
Describe nature of instrument .... 'F~ansfe~ ...........................................................
(i) Address of property being conveyed (if available) .... R/a ...............................................
(ii) Assessment Roll # (ifavai/ab/e) .............. ~h/e~A ...............................................
Mailing address(es) for future Notices of Assessment under ssessment Act for property being conveyed (see instruction 6).
(i) Registration number for last conveyance of property being conveyed (if available) .... ~0.~!.. l~.~!~i~g;i ~;i!~¢)
(ii) Legal description of property conveyed: Same as in D. (i) above. [] Yes ~ No [] Not Known
Name(s) and address(es) of each transferee's solicitor..
5;-K:..Jain .........................
Reg~Ona]'SO]i¢itOe ...................
605'Rb~]Ahd'Road'E~at ...............
For Lend Registtry Office use only
REGISTRATION NO.
Land Registry Office No.
Registration Date
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.
(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 conveyance 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 Aff davit)
(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 behalf 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 otherwise organized in Canada
or elsewhere,
(~)
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
any one non-resident person, but this subclause does not apply where it is established to the satis-
faction of the Minister that such non-resident person does not in fact directly or indirectly exercise
control over the corporation and that subclause (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
corporation within the definition contained in the provisions of this clause other than this subcla'use;
(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 representing 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 or subclause (i), (iii) or (iv),
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 applied 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.
Note: Where there is a gift of real and/or personal property, it may be necessary under the Ontario Gift
Tax Act that a Gift Tax Return be completed and forwarded to the Ministry of Revenue, together with any
Gift Tax that may be payable.
Insert mailing address(es) where municipal assessment notices for property being conveyed are to be forwarded
after closing of this transaction.
NOTE: IN ADDITION TO ATTACHING THIS A FFIDA VlT TO THE CONVEYANCE TENDERED FOR
REGISTRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND
REGISTRAR A T THE TIME OF REGISTRATION.
~ o
THIS SPACE TO BE RESERVED FOR CERTIFICATE OF REGISTRATION
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THE LAND TRANSFER TAX ACT, 1974
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE made
to:
on the day of 19 .....
of the
in thc
MAKE OATH AND SAY THAT:
named in the within (or annexed) conveyance.
2. I have a personal knowledge of the facts stated in this affidavit.
3. (1) The total consideralion for this transaction has been allocated as follows:
fa) Land, building, fixtures and goodwill $
(b) Chattels -- items of tangible personal property (see note) $
TOTAL CONSIDERATION $
(2) The true consideration for the transfer or conveyance for
Land Transfer Tax purposes is as follows:
(a) Monies paid in cash $
(b) Property transferred in exchange (Detail Below) $
(c) Securities Iransfcrred to the value of (Detail Below) $
(d) Balances of existing encumbrances with interest owing at date of
transfer $
(e) Monies secured by mortgage under this transaction $
(.t) Liens, legacies, annuities and maintenance charges to which transfer
is subject $
(g) Other (Detail Below) $
TOTAL CONSIDERATION (should agree with 3(1) (a) above) $
4. If consideration is nominal, is the transfer for natural love and affection?
5. If so, what is ~he relalionsbip bclween Gramor and Grantee'/
6. Other remarks and explanations, if necessary
SWORN before me at thc
of
this day of
19
(signature)
A Commissioner, etc.