HomeMy WebLinkAbout22 100 Adelaide Street Transfer Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 – 100
BEING A BY-LAW TO AUTHORIZE THE ENTERING INTO OF A TRANSFER
EASEMENT AGREEMENT WITH BRENT SIMON NOLASCO
AND KRYSTAL TERESA NOLASCO DA SILVA
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 (“The Act”) authorizes
Council to enter into agreements;
AND WHEREAS subsection 11(1) of the Act gives broad authority to lower-tier
municipalities to provide any service or thing that the municipality considers
necessary or desirable for the public;
AND WHEREAS the Corporation of the Municipality of Kincardine is the
registered owner of the lands described as ADELAIDE ST PL 61 BTN BRUCE AV
& KINCARDINE AV; KINCARDINE; being all of PIN 33316-0086 (LT);
AND WHEREAS Brent Simon Nolasco and Krystal Teresa Nolasco Da Silva (the
“landowners”) are the registered owners of the lands described as LT 23 W/S
ADELAIDE ST, 24 W/S ADELAIDE ST, 25 W/S ADELAIDE ST., 26 W/S
ADELAIDE ST., 27 W/S ADELAIDE ST., 28 W/S ADELAIDE ST. PL
KINCARDINE; KINCARDINE; being all of PIN 33316-0079 (LT);
AND WHEREAS the landowners require an easement over a portion of the
Municipality’s lands identified as Part 2 on the draft reference plan attached
hereto as Schedule “A” for the purposes of facilitating access from Kincardine
Avenue to their property;
AND WHEREAS Council of the Corporation of the Municipality of Kincardine
deems it necessary to enter into an Easement Agreement to facilitate access to
their property as per Report Development Services-2022-14;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an Easement Agreement with
Brent Simon Nolasco and Kyrstal Teresa Nolasco Da Silva with respect to
the lands identified in Schedule “A” in the form attached hereto as
Schedule ‘B’ and forming part of the by-law.
2. That the Mayor and Chief Administrative Officer are hereby authorized and
directed to execute the said Easement Agreement and all supplemental
agreements and documents to complete the transaction, on behalf of the
Municipality of Kincardine by affixing their signatures and the corporate
seal.
Page 2 of 2
Adelaide Street Transfer Agreement By-law
By-law No. 2022 - 100
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the “Adelaide Street Transfer Agreement By-
law”.
READ a FIRST and SECOND TIME this 6th day of June, 2022.
READ a THIRD TIME and FINALLY PASSED this 6th day of June, 2022.
Mayor Clerk
TERItIS AND PROVISIONS OF EASEMENT
WHEREAS the Transferor is a municipal corporation in the Province of Ontario and is the
registered owner of those lands and premises more particularly described as ADELAIDE ST PL
61 BTN BRUCE AV&KINCARDINE AV;KINCARDINE;being all of PIN 33316-0086(LT)
(the"Transferor's Lands");
AND WHEREAS the Transferor's Lands have not yet been assumed and established as a public
highway by By-Law of the Municipality of Kincardine;
AND WHEREAS the Transferees are the owners in fee simple of those lands and premises
more particularly described as LT 23 W/S ADELAIDE ST, 24 W/S ADELAIDE ST, 25 W/S
ADELAIDE ST., 26 W/S ADELAIDE ST., 27 W/S ADELAIDE ST., 28 W/S ADELAIDE ST.
PL KiNCARDINE; KINCARDiNE; being all of PIN 33316-0079 (LT) ("the Dominant
Lands");
AND WHEREAS the Transferees require an easement over the Easement Lands for the
purposes of facilitating access from Kincardine Avenue to the Dominant Lands;
AND WHEREAS the Transferor has agreed to grant the Transferees access over a portion of the
Transferor's Lands identified as PART 2 on Reference Plan 8-GL-1424 prepared by Douglas
Culbert, Ontario Land Surveyor (the "Easement Lands") in accordance with the terms and
conditions hereinafter set out;
NOW THEREFORE that in consideration of TWO DOLLARS---------00/100(S2.00)of lawful
money of Canada, now paid by the Transferees to the Transferor, the receipt and sufficiency of
which is hereby acknowledged,the Transferor confirms and transfers to the Transferees,its and
their successors and assigns,the free and uninterrupted and unobstructed right and easement for
the Term set out herein to pass and repass over the Easement Lands by vehicle and/or on foot to
access the Dominant Lands on the terms and conditions as set out in this Transfer of Easement:
1. The right and easement granted herein shall terminate on the earlier of the following: (1)
twenty(20)years from the date of registration in the Bruce County Land Registry Office
(LRO #3); (2) the day a bylaw is registered in the Bruce County Land Registry Office
(LRO#3) assuming and establishing the Easement Lands as a public highway; or(3)the
date, if applicable, that the Easement Lands are conveyed to the Transferees ("the
Term").
2. The Transferees shall restore or make good any damage to the Easement Lands as a result
of the granting of the within easement within thirty(30)days of receiving notice from the
Transferor that damage has occurred,subject to seasonal and weather conditions.
3. The Transferees covenant and agree to keep the Easement Lands clear of all debris,snow,
brush,trees,buildings and structures.
4. The Transferor covenants and agrees that no building or other structure shall be erected
on or over the Easement Lands in such a manner that would interfere with the
Transferees uninterrupted and unobstructed right and easement to pass and repass over
the Easement Lands,as granted herein.
5. The Transferee shall from time to time and at all times hereafter fully indemnify and save
harmless the Transferor, its directors, officers, employees, consultants, contractors,
agents, elected and appointed officials, successors and assigns, or any of them
(collectively, the "Indemnified Persons"), from and against all actions, causes of action,
suits,claims, demands,damages,liability,interest, expenses,losses, costs,liens, charges,
prosecutions and any other proceedings whatsoever which may be brought against or
made upon the Indemnified Persons, or any of them in respect of or arising out of the
existence of the easement and rights in this Transfer Easement and any loss, damage or
injury (including death resulting from injury) to any person or property, howsoever
caused(and whether directly or indirectly resulting from or sustained by reason of any act
or omission of the Transferees or any person for whom it is in law responsible or any
other cause whatsoever), in connection with any of the purposes set out in this right-of-
way,except for any loss,damage or injury caused by the gross negligence or misconduct
of the Transferor or any person for whom it is in law responsible.
6. The Transferees acknowledge and agree that notwithstanding the rights granted herein,
that the Transferor is not and shall not become responsible for any maintenance or
2
provision of services on, through or over the Easement Lands and is under no obligation
to alter the current condition of the Easement Lands.
7. The Transferees further acknowledge that notwithstanding the rights granted herein,that
the Transferor will continue to use its lands abutting the Easement Lands to the east for
the purposes of a public trail system. The Transferees agree not to obstruct, interfere,
hinder or in any way interfere by reason of any act or omission of the Transferees or any
person for whom it is in law responsible or any other cause whatsoever with the
Transferor's current or future use of its abutting lands.
8. The parties acknowledge and agree to the registration of this Transfer Easement on title
to their respective lands in the Bruce County Land Registry Office(LRO#3).
9. The Transferor agrees that this Easement may be renewed upon the expiration of the
Term noted herein, if the easement is necessary and only on mutual written agreement of
the parties, acting reasonably. At the time of expiration of this easement and if a mutual
agreement to its renewal is not made between the parties,the Transferor reserves the right
to request that the Transferees remove all such appurtenances that may exist on or over
the Easement Lands and restore the land, as far as reasonably possible, to the same
condition as of the date that this agreement is originally entered into between the
Transferor and Transferees.If such request is made by the Transferor and the Transferees
refuse or is unable to comply within sixty(60)days of the notice thereof, the Transferor,
its agents, servants or employees, may enter onto the Easement Lands and remove any
existing appurtenances and restore the land, as far as reasonably possible, to the same
condition as of the date that this agreement is originally entered into between the
Transferor and Transferees at the Transferees' sole cost and expense.
10. The Transferor covenants with the Transferees that it has the right to convey the said
easement to the Transferees.
It. The burden of this Transfer Easement shall tun with the Easement Lands and shall extend
to and be binding upon the Transferor, its successors and assigns and the benefit of this
Transfer Easement shall enure to the benefit of the Transferees, their successors and
assigns on title.
12. This Agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario.
13. This Agreement may be signed in counterparts and by electronic transmission, which
shall for all purposes be deemed to be an original,and all such separate counterparts shall
together constitute one and the same legally binding instrument.
SIGNED,SEALED AND DELIVERED this 6th day of June,2022
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Gera Glover IPI''II'k"N01 11
Per: ry
Gerry Glover,Mayor
Roxana saumann IIIIIIIIIIII°KIWI°'II
V5 yd hve�rfio�co0 Colo
Per: adobe R-d— III
Roxana Baumann,Acting CAO
We have authority to bind the Corporation.
Brent Nolasco IIIIII kWIWW'I
Vernfydv[hh C-f om ol�4tlob 22106 d�
ender
Brent Nolasco
Krystal Nolasco Da Silva iOmIIYIIUII[I
Verred v✓[M1 Cons gn0(loud Atlo b(e R,,d,,eader, IIIIIIIIIIIIIIIIIII 10111
'fyw'th ver f'o com or
Krystal Nolasco Da Silva
ACKNOWLEDGEMENT AND DIRECTION
TO: Tammy W.Grove-McClement
AND TO: The Ross Firm Professional Corporation
RE: The Municipality of Kincardine and Brent Simon Nolasco and Krystal Teresa
Nolasco Da Silva
Transfer Easement—Adelaide Street—Part 2 on Draft Reference Plan(attached)
File No.:2021-22159
This will confirm the following:
1. I/We have reviewed the information set out below and attached and the information is
accurate.
2. You,your agent or employee are authorized and directed to sign, deliver,and/or register
electronically on my/our behalf the document(s) described in this Acknowledgment and
Direction as well as any other document(s)required to complete the transaction described
above.
3. You are hereby authorized to insert any information that may be required in the electronic
documents described in this Acknowledgment and Direction that may not be available to
you at the time of execution of this Acknowledgment and Direction.
4. The effect of the electronic documents described in this Acknowledgment and Direction
has been fully explained to me/us and I/we understand that I/we are parties to and are
bound by the terms and provisions of these electronic documents to the same extent as if
I/we had signed these documents.
5. I am/We are, in fact, the parties named in the electronic documents described in this
Acknowledgment and Direction and I/we have not misrepresented our identities to you.
6. I/We hereby authorize you to make any minor,non-material alterations that may be
required by the Land Registry Office or any governmental agencies or
governmental authorities to effect certification of the electronic documents
described in this Acknowledgment and Direction by the Land Registry Office
including but not limited to inserting the registered Plan number into the document
for registration once available.
7. This Acknowledgment and Direction may be executed in counterpart and each such
counterpart shall,for all purposes, constitute one document binding on all parties hereto,
notwithstanding that all parties are not signatories to the same counterpart,provided that
each party has signed at least one counterpart.
8. Execution of the Acknowledgment and Direction by facsimile transmission or by e-mail
shall be binding upon each party hereto and upon the party so signing by facsimile or e-
mail transmission.
DESCRIPTION OF DOCUMENT: Transfer Easement and Schedule attached thereto
Date: 12022. THE CORPORATION OF THE
MUNICIPALITY OF KINICARDINE
Gerr�r Glover IIIIIIIIIII II'NN"N'I"w
Per: "
Gerry Glover,Mayor
a Baumann IIIIIIIIII IINI'w ���
Roxan„
Per:
Roxana Baumann,Acting CAO
We have authority to bind the Corporation.
LRO# 3 Transfer Easement In preparation on 2022 04 19 at 15:17
This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2
Properties
PIN 33316-0086 LT Interest/Estate Fee Simple ✓❑ Add Easement
Description SERVIENT LANDS:PT OF ADELAIDE ST PL 61 BEING PT 2 3R- KINCARDINE
DOMINANT LANDS:PIN 33316-0079(LT)- LT 23 W/S ADELAIDE ST,24 W/S ADELAIDE ST,
25 W/S ADELAIDE ST.,26 W/S ADELAIDE ST.,27 W/S ADELAIDE ST.,28 W/S ADELAIDE ST
PL KINCARDINE;KINCARDINE;
Address KINCARDINE
Consideration
Consideration $2.00
Transferor(s)
The transferor(s)hereby transfers the easement to the transferee(s).
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
Address for Service 1475 Concession 5
R.R.#5
Kincardine,ON N2Z 2X6
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Gerry Glover,Mayor and Roxana Baumann,Acting CAO.
Transferee(s) Capacity Share
Name NOLASCO,BRENT SIMON
Acting as an individual
Address for Service 310 Adelaide Street
Kincardine,ON N2Z 2X6
Name NOLASCO DA SILVA,KRYSTAL TERESA
Acting as an individual
Address for Service 310 Adelaide Street
Kincardine,ON N2Z 2X6
Statements
Schedule:
Calculated Taxes
Provincial Land Transfer Tax $0.00
File Number
Transferor Client File Number: 2021-22159
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 33316-0086 SERVIENT LANDS:PT OF ADELAIDE ST PL 61 BEING PT 2 3R-
KINCARDINE
DOMINANT LANDS:PIN 33316-0079(LT)- LT 23 W/S ADELAIDE ST,24 W/S
ADELAIDE ST,25 W/S ADELAIDE ST.,26 W/S ADELAIDE ST.,27 W/S ADELAIDE
ST.,28 W/S ADELAIDE ST PL KINCARDINE;KINCARDINE;
BY: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
TO: NOLASCO,BRENT SIMON
NOLASCO DA SILVA,KRYSTAL TERESA
1. NOLASCO,BRENT SIMON AND NOLASCO DA SILVA,KRYSTAL TERESA
lam
❑ (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 described in paragraph(s)(_)above.
❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for
described in paragraph(s)(_)above.
❑ (f)A transferee described in paragraph(_)and am making these statements on my own behalf and on behalf
of who is my spouse described in paragraph(_)and as such,I have personal knowledge of the facts
herein deposed to.
3. The total consideration for this transaction is allocated as follows:
(a)Monies paid or to be paid in cash $2.00
(b)Mortgages(i)assumed(show principal and interest to be credited against purchase price) $0.00
(ii)Given Back to Vendor $0.00
(c)Property transferred in exchange(detail below) $0.00
(d)Fair market value of the land(s) $0.00
(e)Liens,legacies,annuities and maintenance charges to which transfer is subject $0.00
(f)Other valuable consideration subject to land transfer tax(detail below) $0.00
(g)Value of land,building,fixtures and goodwill subject to land transfer tax(total of(a)to(f)) $2.00
(h)VALUE OF ALL CHATTELS-items of tangible personal property $0.00
(i)Other considerations for transaction not included in(g)or(h)above $0.00
0)Total consideration $2.00
4.
Explanation for nominal considerations:
o)Transfer of easement or right of way for no consideration.
5. The land is not subject to an encumbrance
6. Other remarks and explanations,if necessary.
1.The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this
conveyance.
2.The transferee(s)has read and considered the definitions of"designated land","foreign corporation","foreign entity","foreign
national',"Greater Golden Horseshoe Region","specified region","spouse'and"taxable trustee"as set out in subsection 1(1)of
the Land Transfer Tax Act and O.Reg 182/17. The transferee(s)declare that this conveyance is not subject to additional tax as
set out in subsection 2(2.1)of the Act because:
3.(c) The transferee(s)is not a"foreign entity"or a"taxable trustee".
4.The transferee(s)declare that they will keep at their place of residence in Ontario(or at their principal place of business in
Ontario)such documents,records and accounts in such form and containing such information as will enable an accurate
determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years.
5.The transferee(s)agree that they or the designated custodian will provide such documents,records and accounts in such form
and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act,to
the Ministry of Finance upon request.
PROPERTY Information Record
A.Nature of Instrument: Transfer Easement
LRO 3 Registration No. Date:
B.Property(s): PIN 33316-0086 Address KINCARDINE Assessment -
Roll No
C.Address for Service: 310 Adelaide Street
Kincardine,ON N2Z 2X6
D.(i)Last Conveyance(s): PIN 33316 - 0086 Registration No.
(ii)Legal Description for Property Conveyed:Same as in last conveyance? Yes❑ No ✓❑ Not known ❑
TERMS AND PROVISIONS OF EASEMENT
WHEREAS the Transferor is a municipal corporation in the Province of Ontario and is the
registered owner of those lands and premises more particularly described as ADELAIDE ST PL
61 BTN BRUCE AV&KINCARDINE AV;KINCARDINE;being all of PIN 33316-0086(LT)
(the"Transferor's Lands")-,
AND WHEREAS the Transferor's Lands have not yet been assumed and established as a public
highway by By-Law of the Municipality of Kincardine;
AND WHEREAS the Transferees are the owners in fee simple of those lands and premises
more particularly described as LT 23 W/S ADELAIDE ST, 24 W/S ADELAIDE ST, 25 W/S
ADELAIDE ST., 26 W/S ADELAIDE ST., 27 W/S ADELAIDE ST., 28 W/S ADELAIDE ST.
PL KINCARDINE; KINCARDINE; being all of PIN 33316-0079 (LT) ("the Dominant
Lands");
AND WHEREAS the Transferees require an easement over the Easement Lands for the
purposes of facilitating access from Kincardine Avenue to the Dominant Lands;
AND WHEREAS the Transferor has agreed to grant the Transferees access over a portion of the
Transferor's Lands identified as PART 2 on Reference Plan prepared by Douglas
Culbert, Ontario Land Surveyor (the "Easement Lands") in accordance with the terms and
conditions hereinafter set out;
NOW THEREFORE that in consideration of TWO DOLLARS---------00/100($2.00)of lawful
money of Canada, now paid by the Transferees to the Transferor, the receipt and sufficiency of
which is hereby acknowledged, the Transferor confirms and transfers to the Transferees,its and
their successors and assigns,the free and uninterrupted and unobstructed right and easement for
the Term set out herein to pass and repass over the Easement Lands by vehicle and/or on foot to
access the Dominant Lands on the terms and conditions as set out in this Transfer of Easement:
1. The right and easement granted herein shall terminate on the earlier of the following: (1)
twenty (20)years from the date of registration in the Bruce County Land Registry Office
(LRO #3); (2) the day a bylaw is registered in the Bruce County Land Registry Office
(LRO#3)assuming and establishing the Easement Lands as a public highway;or(3)the
date, if applicable, that the Easement Lands are conveyed to the Transferees ("the
Term").
2. The Transferees shall restore or make good any damage to the Easement Lands as a result
of the granting of the within easement within thirty (30)days of receiving notice from the
Transferor that damage has occurred,subject to seasonal and weather conditions.
3. The Transferees covenant and agree to keep the Easement Lands clear of all debris,snow,
brush,trees,buildings and structures.
4. The Transferor covenants and agrees that no building or other structure shall be erected
on or over the Easement Lands in such a manner that would interfere with the
Transferees uninterrupted and unobstructed right and easement to pass and repass over
the Easement Lands,as granted herein.
5. The Transferee shall from time to time and at all times hereafter fully indemnify and save
harmless the Transferor, its directors, officers, employees, consultants, contractors,
agents, elected and appointed officials, successors and assigns, or any of them
(collectively, the "Indemnified Persons"), from and against all actions, causes of action,
suits,claims,demands,damages,liability,interest, expenses,losses,costs,liens,charges,
prosecutions and any other proceedings whatsoever which may be brought against or
made upon the Indemnified Persons, or any of them in respect of or arising out of the
existence of the easement and rights in this Transfer Easement and any loss, damage or
injury (including death resulting from injury) to any person or property, howsoever
caused(and whether directly or indirectly resulting from or sustained by reason of any act
or omission of the Transferees or any person for whom it is in law responsible or any
other cause whatsoever),in connection with any of the purposes set out in this right-of-
way, except for any loss,damage or injury caused by the gross negligence or misconduct
of the Transferor or any person for whom it is in law responsible.
2
6. The Transferees acknowledge and agree that notwithstanding the rights granted herein,
that the Transferor is not and shall not become responsible for any maintenance or
provision of services on,through or over the Easement Lands and is under no obligation
to alter the current condition of the Easement Lands.
7. The Transferees further acknowledge that notwithstanding the rights granted herein, that
the Transferor will continue to use its lands abutting the Easement Lands to the east for
the purposes of a public trail system. The Transferees agree not to obstruct, interfere,
hinder or in any way interfere by reason of any act or omission of the Transferees or any
person for whom it is in law responsible or any other cause whatsoever with the
Transferor's current or future use of its abutting lands.
8. The parties acknowledge and agree to the registration of this Transfer Easement on title
to their respective lands in the Bruce County Land Registry Office(LRO#3).
9. The Transferor agrees that this Easement may be renewed upon the expiration of the
Term noted herein,if the easement is necessary and only on mutual written agreement of
the parties,acting reasonably. At the time of expiration of this easement and if a mutual
agreement to its renewal is not made between the parties,the Transferor reserves the right
to request that the Transferees remove all such appurtenances that may exist on or over
the Easement Lands and restore the land, as far as reasonably possible, to the same
condition as of the date that this agreement is originally entered into between the
Transferor and Transferees. If such request is made by the Transferor and the Transferees
refuse or is unable to comply within sixty (60)days of the notice thereof,the Transferor,
its agents, servants or employees, may enter onto the Easement Lands and remove any
existing appurtenances and restore the land, as far as reasonably possible, to the same
condition as of the date that this agreement is originally entered into between the
Transferor and Transferees at the Transferees' sole cost and expense.
10. The Transferor covenants with the Transferees that it has the right to convey the said
easement to the Transferees.
11. The burden of this Transfer Easement shall run with the Easement Lands and shall extend
to and be binding upon the Transferor, its successors and assigns and the benefit of this
Transfer Easement shall enure to the benefit of the Transferees, their successors and
assigns on title.
12. This Agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario.
13. This Agreement may be signed in counterparts and by electronic transmission, which
shall for all purposes be deemed to be an original,and all such separate counterparts shall
together constitute one and the same legally binding instrument.
SIGNED,SEALED AND DELIVERED this day of April,2022
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per:
Gerry Glover,Mayor
Per:
Roxana Baumann,Acting CAO
We have authority to bind the Corporation.
WITNESSED this day of April,2022
Witness Brent Simon Nolasco
Witness Krystal Teresa Nolasco Da Silva
FOR INFORMATION PURPOSES RE°DIRE THIS PL""To BE PLAN 3R—
DEcosnD a"DER tHE
uNo D1LFs ACT RECEIveD AND DEPOSITED
h DATE: DATE:
D.A.AND LBERT R AFPRESE TAHVE FOR
ONTARIO L SURVEYOR ND RE sTRAR FOR THE
LAND TITLE DIVISION OF
BRUCE N 3
SCHEDULE
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