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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 6[ jo Aep s!ql ~q~ u! aq~ ~. om a~oloq NHOAAS (AqqVHMAMS) (D ';uamn.qsu! paqom~ aqi pa.mooxa uoqA~. :Ass puc qleo a~em oq~ JO 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.