HomeMy WebLinkAbout23 104 Durham Street Established as Public Highway By-law (Part 3 on Plan 3R-7894) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2023 - 104
Being a By-law to Establish and Assume Durham Street being Part 3 on
Plan 3R-7894 as Part of the Public Highway System for the Municipality of
Kincardine
Whereas pursuant to Municipal Act, 2001, S.O, 2001, c.25, as amended, Sections
8(1) and 9 provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality’s ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act; and
Whereas Section 31 (2) of the Municipal Act, S.O. 2001, c.25, as amended,
provides after January 1, 2003, land may only become a highway by virtue of a
municipal by-law establishing the highway; and
Whereas The ownership of this land be changed from Kirkconnell, Jason James
to The Corporation of the Municipality of Kincardine.
Whereas it is deemed appropriate to establish and assume the lands described in
Schedule “A” of this by-law as public highways for public use; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That the lands described in Schedule “A” to this By-law are hereby established
and assumed as public highways under the jurisdiction of The Corporation of
the Municipality of Kincardine and shall be known as identified in Schedule “A”.
2. That the Mayor and CAO are hereby authorized to execute the necessary
documents to fulfill the intent of this by-law.
3. That this by-law shall come into full force and take effect upon third and final
reading thereof.
4. This by-law may be cited as the “Durham Street Established as Public Highway
By-law (Part 3 on Plan 3R-7894)”.
Read a First, Second Time this 19th day of June, 2023
Read a Third Time and Finally Passed this 19th day of June, 2023
__________________________ ________________________
Mayor Clerk
Schedule “A” to
By-law No. 2023 - 104
Legal Description:
Part Park Lot 2 South Side Durham Street Plan Kincardine, being Part 3, 3R7894,
Municipality of Kincardine; County of Bruce, being Part of PIN 33309-0385
ACKNOWLEDGEMENT AND DIRECTION
TO: Ryan Bagnell
AND TO: Monteith Ritsma Phillips Professional Corporation
RE: Application to Register Bylaw
Part Park Lot 2 South Side Durham Street Plan Kincardine, being
Part 3, 3R7894, Municipality of Kincardine; County of Bruce, being
Part of PIN 33309-0385(LT)
This will confirm that:
• I/We have reviewed the information set out in this Acknowledgement and
Direction and the documents described below (the "Document') and that this
information is accurate;
• You/your agent or employee are authorized and directed to sign, deliver and/or
register electronically, on our behalf the documents in the form attached.
• The effect of the documents has been fully explained to us and we understand
that we are parties to and bound by the terms and provisions of the Document to
the same extent as if we had signed them; and
• I/We are in fact the parties named in the documents and I/we have not
misrepresented our identities to you.
DESCRIPTION OF ELECTRONIC DOCUMENTS
The Document(s)described in the Acknowledgement and Direction are the document(s)
selected below which are attached hereto as"Document in Preparation" and are:
❑ A Transfer of the land described above
❑ A Charge of the land described above
® Other documents set out in Schedule"A" attached hereto
DATED AT Kincardine Ontario this 20th day of June , 2023.
WITNESS
(As to all signatures, if required)
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
%
er Iu
enneth Craig
II°N'II
Slgned wllh Conslgn0 Cloud(2023/0620) IIII01111
V ify with verifio.mm or Adobe Reader.
Name: Kenneth Craig
Title: Mayor
jI
V with verifio mm or Adobe Reader. I �
Ver
ene Be ie o mdeo G apier
Name: Jillene Bellchamber-Glazier
Title: Chief Administrative Officer
I/We have the authority to bind the
Corporation.
LRO# 3 Application To Register Bylaw In preparation on 2023 05 29 at 15:24
This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1
Properties
PIN 33309-0385 LT ✓❑ Affects Part of Prop
Description PT PARKLT 2 S/S DURHAM ST PL KINCARDINE,BEING PART 3,3R7894;
KINCARDINE
Address KINCARDINE
Applicant(s)
This Order/By-law affects the selected PINs.
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 being authorized by a municipal corporation.
This document is not authorized under Power of Attorney by this party.
Statements
This application is based on the Municipality By-law.
File Number
Applicant Client File Number: MAT90576
ACKNOWLEDGEMENT AND DIRECTION
TO: Ryan Bagnell
AND TO: Monteith Ritsma Phillips Professional Corporation
RE: Jason James Kirkconnell transfer to the Municipality of Kincardine
Part Park Lot 2 South Side Durham Street Plan Kincardine, being
Part 3, 3R7894, Municipality of Kincardine; County of Bruce, being
Part of PIN 33309-0385(LT)
This will confirm that:
• We have reviewed the information set out in this Acknowledgement and Direction
and the documents described below(the"Document') and that this information is
accurate;
• You/your agent or employee are authorized and directed to sign, deliver and/or
register electronically, on our behalf the documents in the form attached.
• You are hereby authorized and directed to enter into an escrow closing
arrangement substantially in the form attached hereto being a copy of the version
of the Document Registration Agreement, which appears on the website of the
Law Society of Upper Canada as of the date of this Agreement of Purchase and
sale herein. We hereby acknowledge the said Agreement has been reviewed by
us and that we shall be bound by its terms.
• The effect of the documents has been fully explained to us and we understand
that we are parties to and bound by the terms and provisions of the Document to
the same extent as if we had signed them; and
• We are in fact the parties named in the documents and we have not
misrepresented our identities to you.
DESCRIPTION OF ELECTRONIC DOCUMENTS
The Document(s)described in the Acknowledgement and Direction are the document(s)
selected below which are attached hereto as"Document in Preparation" and are:
® A Transfer of the land described above
❑ A Charge of the land described above
❑ Other documents set out in Schedule"A" attached hereto
DATED AT Kincardine , Ontario this 20th day of June , 2023.
WITNESS
(As to all signatures, if required)
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
P'Kenneth Craig lllllllllllllllllll lull°�ll'll'llll'III�N°ii llmll,l
Verify with ve,ifio.�Co� "dobeZReadero)
....................
Name: Kenneth Craig
Title:
eJIInewIlha m bepGapier
by hvrfioo 6
w o_orAdobe
Reader.
..................IIII III
Name: Jillene Bellchamber-Glazier
Title: Chief Administrative Officer
I/We have the authority to bind the
Corporation.
LRO# 3 Transfer In preparation on 2023 05 29 at 14:55
This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2
Properties
PIN 33309-0385 LT Interest/Estate Fee Simple ✓❑ Redescription
Description PT PARKLT 2 S/S DURHAM ST PL KINCARDINE,BEING PART 3,3R7894;
KINCARDINE
Address KINCARDINE
Consideration
Consideration $2.00
Transferor(s)
The transferor(s)hereby transfers the land to the transferee(s).
Name KIRKCONNELL,JASON JAMES
Acting as an individual
Address for Service R.R.#5 KINCARDINE,ONTARIO,N2Z 2X6
I am at least 18 years of age.
I am not a spouse
This document is not authorized under Power of Attorney by this party.
Transferee(s) Capacity Share
Name THE CORPORATION OF THE MUNICIPALITY OF Registered Owner
KINCARDINE
Acting as a company
Address for Service 1475 Concession 5,R.R.#5,Kincardine,ON N2Z 2X6
Calculated Taxes
Provincial Land Transfer Tax $0.00
File Number
Transferor Client File Number: MAT90576
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 33309-0385 PT PARKLT 2 S/S DURHAM ST PL KINCARDINE,BEING PART 3,3R7894;
KINCARDINE
BY: KIRKCONNELL,JASON JAMES
TO: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Registered Owner
1. 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 THE
CORPORATION OF THE MUNICIPALITY OF KINCARDINE described in paragraph(s)(C)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 $0.00
(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)) $0.00
(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 $0.00
4.
Explanation for nominal considerations:
g)Transfer to a municipality pursuant to subdivision or development agreement,condominium approval or other municipal
purposes:Highway widening purposes.
The land is subject to an encumbrance which has been paid in full,but for which a discharge has not yet been registered.
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
LRO 3 Registration No. Date:
B.Property(s): PIN 33309-0385 Address KINCARDINE Assessment 4108220-00218800
Roll No
C.Address for Service: 1475 Concession 5,R.R.#5,Kincardine,ON N2Z 2X6
D.(i)Last Conveyance(s): PIN 33309 - 0385 Registration No.
(ii)Legal Description for Property Conveyed:Same as in last conveyance? Yes❑ No ] Not known ❑