HomeMy WebLinkAbout18 091 Part of Elgin Market square Kings Highway Road Closing By-law and Conveyance of Land By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
K B T
0
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%(I iY OF K1N��
BY-LAW
NO. 2018 - 091
BEING A BY-LAW TO PROVIDE FOR THE CLOSING AND STOPPING UP OF THAT
PORTION OF THE KING'S HIGHWAY ON REGISTERED PLAN KINCARDINE MORE
PARTICULARLY DESCRIBED AS PARTS 2 AND 3 ON 3R-10017 WITHIN THE
MUNICIPALITY OF KINDARDINE and AUTHORIZING THE CONVEYANCE OF PARTS
1-5 ON 3R-10017 TO THE REGISTERED OWNERS OF PIN 33314-0179(LT)
WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25 authorizes a municipality to
• pass by-laws for stopping up any highway or part of a highway;
AND WHEREAS part of the King's Highway described as Parts 2 and 3 on Plan 3R-10017
is under the jurisdiction of the Corporation of the Municipality of Kincardine;
AND WHEREAS the said land is no longer required or used as a public highway and
has been replaced by an alternate route for public travel;
AND WHEREAS Parts 1, 2, 3, 4 and 5 on 3R-10017, all under the jurisdiction of the
Corporation of the Municipality of Kincardine, have been leased by the registered
owners of PIN 33314-0179(LT) pursuant to a Lease to Purchase Agreement dated May
22, 1997 ("1997 Agreement") between the said owners and The Corporation of the
Town of Kincardine;
AND WHEREAS in the 1997 Agreement, which was authorized by By-Law No. 1997-
26, the Corporation of the Town of Kincardine agreed that if certain terms and
conditions were satisfied that the said lands would be transferred to the registered
owners of PIN 33314-0028(LT).
• NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
hereby ENACTS AS FOLLOWS:
1. That the lands described in Schedule "A" attached hereto be and the same are hereby
closed and stopped up.
2. That the lands described in Schedule "B" attached hereto are hereby authorized to be
conveyed to the current registered owners of PIN 33314-0028(LT) in accordance with
the 1997 Agreement and that the Mayor and/or Chief Administrative Officer and Clerk
be and are hereby authorized on behalf of the Corporation of the Municipality of
Kincardine to execute all deeds, undertakings, agreements and other documents as
may be required to effect the conveyance of the said lands.
3. That Schedules "A" and "B" shall form part of this By-law.
4. This By-law shall come into force on the date of its final passage by the Council of The
Corporation of the Municipality of Kincardine.
•
Page 2 of 4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
By-law No. 2018 - 091
s
5. This by-law shall take effect upon its being registered in the Registry Office for the
registration division of Bruce (No. 3).
6. This by-law may be cited as the "Part of Elgin Market Square Kings Highway Road
Closing By-law and Conveyance of Land By-law".
READ a FIRST and SECOND TIME this 11th day of July, 2018.
READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2018.
54� -9 /1, 0 J-�q CV1 J-=�
'Mayor Deput Jerk
•
•
•
Page 3 of 4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
• By-law No. 2018 - 091
SCHEDULE "A"
DESCRIPTION:
Part Elgin Market Square Plan Kincardine, Parts 2 & 3 3R10017; Municipality of
Kincardine; being part of PIN 33314-0179 (LT).
•
•
•
Page 4 of 4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
• By-law No. 2018 - 091
SCHEDULE "B"
DESCRIPTION:
Part Elgin Market Square Plan Kincardine, Parts 1, 2, 3, 4 & 5 3R10017;
Municipality of Kincardine; being all of PIN 33314-0179 (LT).
0
•
•
ACKNOWLEDGEMENT AND DIRECTION
TO: Tammy W.Grove-McClement
AND TO: Grove-McClement&Fischer LLP
RE: Application to Register By-law No.2018-091
File No.17913
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 Uwe 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 Uwe had
signed these documents.
5. 1 axn/We are, in fact, the parties named in the electronic documents described in this
Acknowledgment and Direction and Uwe have not misrepresented our identities to you.
6. Me 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.
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: Application to Register By-Law No.2018-091
Date: 5.,,1.E as ,2018. THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
Per:
e: Anne Eadie
Titl f Mayor
P- ( �c
ame: Sharon Chambers
Title: Chief Administrative Officer
We have authority to bind the Corporation.
LRO# 3 Application To Register Bylaw In preparation on 2018 0719 at 14:57
This document has not been submitted end maybe incomplete. yyyy mm dd Page 1 of 5
IPro ies
PIN 33314-0179 LT 0 Affects Part of Prop
Description PART ELGIN MARKET SQUARE PLAN KINCARDINE,PARTS 2&3 3810017;
MUNICIPALITY OF KINCARDINE
Address KINCARDINE
IAS s)
Thls 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.tl5
Kincardine,ON N2Z 2X6
This document is being authorized by a munidpal corporation Anne Eadie,Mayor and Michele Barr,GAO/Cleric
This document is not authorized under Power of Attorney by this party.
IStatements
This application is based on the Municipality By-law See Schedules.
File Number
Applicant Client Re Number: 17913
THE CORPORATION OF THE MCJN CIPAIITYOP IONCARDINE
Certified to be a inward
01;'04 7-1.1111 Bye�'' I passed
by the to Corporation
tithe MunicpaiitycfOmen
z\V Of Q018,
rbe
BY-LAW A-4AJennifer r'!"!'47,wpm/Pork
Munidpelty of
No.2018-081 Data
BEING A BY-LAW TO PROVIDE FOR THE CLOSING AND STOPPING UP OF THAT
PORTION OF THE KING'S HIGHWAY ON REGISTERED PLAN KINCARDINE MORE
PARTICULARLY DESCRIBED AS PARTS 2 AND 3 ON 3R-10017 WITHIN THE
MUNICIPALITY OF KIN ARDBNE and AUTHORING THE CONVEYANCE OF PARTS
1-5 ON 3R-10017 TO THE REGISTERED OWNERS OF PIN 33314 0179(LT)
WHEREAS the Munic4oel Act; 2001,S.O.2001,Chapter 25 autlrarizes a municipality to
pass bylaws for stopping ufr wry highway or Poet of a NOW.
AND WHEREAS part of the King's Highway described as Parts 2 and 3 on Plan 3R-10017
is under the jurisdktion of the Corporation of the Municipality of Kincardine;
AND WHEREAS the said land is no longer required or used as a public higlway and
has been replaced by an alternate route for puNic travel;
AND WHEREAS Parts 1,2,3, 4 and 5 on 3R-10017,all under the jurisdiction of the
Corporation of the Municipality of Kincardine, have been leased by the registered
owners of PIN 33314.0179(Ll)pursuant to a Lease to Purchase Agreement dated May
22, 1997 (1997 Agreement') between the said owners and The Corporation of the
Town of Kirncard'ste;
AND WHEREAS in the 1997 Agreement,which was authorized by By-Law No. 1997-
26,
99726, the Corporation of the Town of IGncardine agreed that if certain terms and
conditions were satisfied that the said lands would be transferred to the registered
owners of PiN 33314-0028(U).
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
hereby ENACTS AS FOLLOWS:
1. That the lands described in Schedule"A'attached hereto be and the same are hereby
dosed and stopped up.
2. That the lands described k Schedule"W attached hereto are hereby authorized to be
conveyed to the current registered owners of PIN 333140029(LT)in accordance with
the 1997 Agreement and that the Mayor andfor Chief Administrative Officer and Clerk
be and are hereby authorized on behalf of the Corporation of the Municipality of
Kincardine to execute all deeds,undertaldrgs,agreements and other documents as
may be required to effect the conveyance of the said lands.
3. That Schedules"A'and"B"shall form pat of this By-iarr.
4. This By-law shall come into force on the date of its final passage by the Council of The
Corporation ofthe Municipality of Kincardine.
Page 2 of 4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
By-law No.2018-091
5. This by-law shall take effect upon its being registered in the Registry Office for the
registration division of Bruce(No.3).
6, This by-law may be cited as the 'Psutt of Elgin Market Square Kings Highway Road
Closing By-law and Conveyance of Land By-law*.
READ a FIRST and SECOND TIME this 11th day of July,2018.
READ a THIRD TIME and FINALLY PASSED this 110)_day of July,2018.
ri
Page 3 of 4
Part of lain Motet Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
By-law No.2018-091
SCHEDULE`A'
DE,5CRI IJO :
Part Elgin Market Square Plan Kincardine, Parts 2&3 3R10017; Municipality of
Kincardine; being part of PIN 33314-0179 (LT).
Page 4 of 4
Part of Eight Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
By-law No.2018-091
IEDUL.E"B"
DESCRIPTION:
Part Elgin Market Square Plan Kincardine,Parts 1,2,3,4&5 3R10017;
Municipality of Kincardine; being all of PIN 33314-0179(LT).
LRO# 3 Application To Register Bylaw Receipted as BR136776 on 2018 10 12 at 13:42
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 5
Properties
PIN 33314-0179 LT Affects Part of Prop
Description PART ELGIN MARKET SQUARE PLAN KINCARDINE, PARTS 2&3 3R10017;
MUNICIPALITY OF KINCARDINE
Address KINCARDINE
Applicant(s)
This Order/By-law affects the selected PINs.
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Address for Service 1475 Concession 5
R.R.#5
Kincardine,
ON N2Z 2X6
This document is being authorized by a municipal corporation Anne Eadie, Mayor and Sharon Chambers, CAO.
This document is not authorized under Power of Attorney by this party.
Statements
This application is based on the Municipality By-law See Schedules.
Signed By
Tammy Wynn Grove-McClement 11 Durham Street East, Box 880 acting for Signed 2018 10 12
Walkerton Applicant(s)
NOG 2V0
Tel 519-881-3230
Fax 519-881-3595
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
Grove-McClement&Fischer LLP 11 Durham Street East, Box 880 2018 10 12
Walkerton
NOG 2V0
Tel 519-881-3230
Fax 519-881-3595
Fees/Taxes/Payment
Statutory Registration Fee $63.65
Total Paid $63.65
File Number
Applicant Client File Number: 17913
MB CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Certified to be a true and
complete� ,'awl , No. oc t passed
,td�,.:.� "" - rr ' bytha of Corporation
�':w' `" s �.' ,• ofthe�yoi ne
I-P.' `��,-..,,,,"-#.:),
: on the t day of
;., t 'Tiny r
j4` •, •� � BY-LAW A-::LL.... _ .
Oppuly a.
y. L. �a t
NO.2010-091 Dale
BEING A BY-LAW TO PROVIDE FOR THE CLOSING AND STOPPING UP OF THAT
PORTION OF THE KING'S HIGHWAY ON REGISTERED PLAN KINCARDINE MORE
PARTICULARLY DESCRIBED AS PARTS 2 AND 3 ON 3R-10017 WITHIN THE
MUNICIPALITY OF KWDARDI IE end AUTHORING THE CONVEYANCE OF PARTS
14 ON 3R-10017 TO THE REGISTERED OWNERS OF PIN 33314 0179(LT)
WHEREAS the Munioat Act 2001, 3.0.2001,Chapter 25 authorizes a municipality to
pass by-laws for stopping up any highway or part of a highway;
AND WHEREAS part of the King's Highway described as Parts 2 and 3 on Plan 3R-10017
Is under the Jurisdiction tithe Corporation of the Municipality of Kirxrardine;
AND WHEREAS the said land is no longer required or used as a public highway and
has been replaced by an alternate route for public travel;
AND WHEREAS Parts 1, 2, 3, 4 and 5 on 3R-10017, all under the jurisdiction of the
registered
� � 334- n of toIN33310119(LLease have been
Agreement leased dated May
22, 1997 ("1997 Agreement") between the said owners and The Corporation of the
Town of Kincardine;
AND WHEREAS in the 1997 Agreement, which was authorized by By-Law No. 1997-
28, the Corporation of the Town of Kincardine agreed that if certain terms and
conditions were satisfied that the said lands would be transferred to the registered
owners of PIN•33314-0028(LT).
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
hereby ENACTS AS FOLLOWS:
1. That the lands described in Schedule'A"attached hereto be and the same are hereby
dosed and stopped up.
2. That the lands descried in Schedule"B"attached hereto are hereby authorized to be
conveyed to the current registered owners of PIN 33314.0029(LT)in accordance with
the 1997 Agreement and that the Mayor and/or Chief Administrative Officer and Clerk
be and are hereby authorized on behalf of the Corporation of the Municipadty of
Kincardine to execute all deeds, undertakings, agreements and other documents as
may be required to effect the conveyance oft the said lards.
3. That Schedules"A"and"B"shall form part of this By-law.
4. This By-law shall come into force on the date of its final passage by the Council of The
Corporation of the Municipally of lGncardine.
Page 2 of 4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
By-law No.2018-091
5. This by-law shall take effect upon its being registered in the Registry Mice for the
registration division of Bruce(No.3).
8. This by-law may be cited as the'Part of Elgin Market Square Kings Highway Road
Closing By-taw.and Conveyance of Land By-lave.
READ a FIRST and SECOND TIME this lie,day of July,2018.
READ a THIRD TIME and FINALLY PASSED this 11e day of July,2018.
ljij"L'�' 'Maya put
Page 3 of 4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land Bylaw
By-law No.2018-091
SCHEDULE"A"
DESCRIPTION:
Part Elgin Market Square Plan Kincardine, Parts 2&3 3R10017; Munidpailty of
Kincardine; being part of PIN 33314-0179 (LT).
Page 4of4
Part of Elgin Market Square Kings Highway Road Closing By-law
and Conveyance of Land By-law
By-law No.2018-091
s HEDUL "B"
DESCRIPTION
Part Elgin Market Square Plan Kincardine, Parts 1, 2,3,4&5 3R10017;
Municipality of Kincardine; being all of PIN 33314-0179(LT).
ACKNOWLEDGEMENT AND DIRECTION
TO: Tammy W. Grove-McClement
AND TO: Grove-McClement&Fischer LLP
RE: Municipality of Kincardine transfer to 10378836 Canada Corporation
PART ELGIN MARKET SQUARE PLAN KINCARDINE,PTS 1-5,PL 3R-
10017; MUNICIPALITY OF KINCARDINE being all of PIN 33314-0179 (LT)
(File No. 17913)
This will confirm the following:
1. We have/I 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 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 us/me and we/I understand that we are/I am parties to and are
bound by the terms and provisions of these electronic documents to the same extent as if
we/I had signed these documents.
5. We are/I am, in fact, the parties named in the electronic documents described in this
Acknowledgment and Direction and Uwe 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.
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 to 10378836 Canada Corporation
(Parts 1-5,Plan 3R-10017)
Date: September 2% ,2018. THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per: ("61,...„.
Name: Anne Eadie
Title: Mayor"
Per:/'mil/
Name"a on Chambers
Title: CAO
We have the authority to bind the Corporation.
LRO# 3 Transfer In preparation on 201809 25 at 08:29
This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2
Properties
PIN 33314-0179 LT Interest/Estate Fee Simple
Description PART ELGIN MARKET SQUARE PLAN KINCARDINE,PARTS 1,2,3,4&5 3R10017;
MUNICIPALITY OF KINCARDINE
Address KINCARDINE
IConsideration
Consideration $1.00
ITransferor(s)
The transferor(s)hereby transfers the land 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 Anne Eadie,Mayor and Sharon Chambers,CAO.
ITransferee(s) Capacity Share
Name 10378836 CANADA CORPORATION Registered Owner
Acting as a company
Address for Service 319 Kincardine Ave.
Kincardine,ON N2Z 2R2
!Statements
The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada,including any Crown
corporation,or any agency,board or commission of the Crown;or a municipal corporation.
STATEMENT OF THE TRANSFEROR(S):The transferor(s)verifies that to the best of the transferor's knowledge and belief,this transfer
does not contravene the Planning Act.
STATEMENT OF THE SOLICITOR FOR THE TRANSFEROR(S):I have explained the effect of the Planning Act to the transferor(s)and I
have made Inquiries of the transferor(s)to determine that this transfer does not contravene that Act and based on the Information supplied
by the transferor(s),to the best of my knowledge and belief,this transfer does not contravene that Act.I am an Ontario solicitor in good
standing.
STATEMENT OF THESOLICITOR FOR THE TRANSFEREE(S):I have Investigated the title to this land and to abutting land where
relevant and t am satisfied that the title records reveal no contravention as set out in the Planning Act,and to the best of my knowledge
and belief this transfer does not contravene the Planning Act.I act independently of the solicitor for the transferor(s)and I am an Ontario
solicitor in good standing.
ICalculated Taxes
Provincial Lend Transfer Tax $0.00
File Number
Transferor Client File Number: 17913
. t
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 33314-0179 PART ELGIN MARKET SQUARE PLAN KINCARDINE,PARTS 1,2,3,4&5
3810017;MUNICIPALITY OF KINCARDINE
BY: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
TO: 10378836 CANADA CORPORATION Registered Owner
1. AURNO KHAN
I am
❑ (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)L)above.
• (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for 10378836
CANADA CORPORATION described in paragraph(s)(c)above.
❑ (f)A transferee described In paragraph U 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 $1.00
(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)) $1.00
(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
(j)Total consideration $1.00
4.
Explanation for nominal considerations:
s)other:Transfer from a municipality pursuant to a Lease to Purchase Agreement dated May 22.1997.
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","specified region"and"taxable trustee"as set out In subsection 1(1)of the Land Transfer Tax Act. 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.(a) This is not a conveyance of land that is located within the"specified region".
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 33314-0179 Address KINCARDINE Assessment
Roll No
C.Address for Service: 319 Kincardine Ave.
Kincardine,ON N2Z 2R2
D.(i)Last Conveyance(s): PIN 33314 - 0179 Registration No.
(ii)Legal Description for Property Conveyed:Same as In last conveyance? Yes 0 No 0 Not known 0
LRO# 3 Transfer Receipted as BR136778 on 2018 10 12 at 13:43
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3
Properties
PIN 33314-0179 LT Interest/Estate Fee Simple
Description PART ELGIN MARKET SQUARE PLAN KINCARDINE, PARTS 1,2,3,4&5 3R10017;
MUNICIPALITY OF KINCARDINE
Address KINCARDINE
Consideration
Consideration $1.00
Transferor(s)
The transferor(s)hereby transfers the land to the transferee(s).
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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 Anne Eadie, Mayor and Sharon Chambers, CAO.
Transferee(s) Capacity Share
Name 10378836 CANADA CORPORATION Registered Owner
Address for Service 319 Kincardine Ave.
Kincardine, ON N2Z 2R2
Statements
The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown
corporation,or any agency,board or commission of the Crown;or a municipal corporation.
STATEMENT OF THE TRANSFEROR(S):The transferor(s)verifies that to the best of the transferor's knowledge and belief,this transfer
does not contravene the Planning Act.
STATEMENT OF THE SOLICITOR FOR THE TRANSFEROR(S): I have explained the effect of the Planning Act to the transferor(s)and I
have made inquiries of the transferor(s)to determine that this transfer does not contravene that Act and based on the information supplied
by the transferor(s),to the best of my knowledge and belief,this transfer does not contravene that Act. I am an Ontario solicitor in good
standing.
STATEMENT OF THE SOLICITOR FOR THE TRANSFEREE(S): I have investigated the title to this land and to abutting land where
relevant and I am satisfied that the title records reveal no contravention as set out in the Planning Act,and to the best of my knowledge
and belief this transfer does not contravene the Planning Act. I act independently of the solicitor for the transferor(s)and I am an Ontario
solicitor in good standing.
Signed By
Tammy Wynn Grove-McClement 11 Durham Street East,Box 880 acting for Signed 201810 12
Walkerton Transferor(s)
NOG 2V0
Tel 519-881-3230
Fax 519-881-3595
I have the authority to sign and register the document on behalf of the Transferor(s).
Hannah Olumayokun Aina 55 Town Centre Court,Suite 632 acting for Signed 2018 10 12
Toronto Transferee(s)
MlP4X4
Tel 416-290-5305
Fax 416-290-5307
I have the authority to sign and register the document on behalf of the Transferee(s).
Submitted By
AINA LAW PROFESSIONAL CORPORATION 55 Town Centre Court,Suite 632 2018 10 12
Toronto
M 1 P 4X4
Tel 416-290-5305
Fax 416-290-5307
LRO# 3 Transfer Receipted as BR136778 on 201810 12 at 13:43
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 3
Fees/Taxes/Payment
Statutory Registration Fee $63.65
Provincial Land Transfer Tax $0.00
Total Paid $63.65
File Number
Transferor Client File Number: 17913
Transferee Client File Number: 10378836 CANADA CORP.2018
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 33314-0179 PART ELGIN MARKET SQUARE PLAN KINCARDINE, PARTS 1,2,3,4&5
3R10017;MUNICIPALITY OF KINCARDINE
BY: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
TO: 10378836 CANADA CORPORATION Registered Owner
1. AURNO KHAN
I am
❑ (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 10378836
CANADA CORPORATION 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 C)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 $1.00
(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)) $1.00
(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
(j)Total consideration $1.00
4.
Explanation for nominal considerations:
s)other:Transfer from a municipality pursuant to a Lease to Purchase Agreement dated May 22, 1997.
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","specified region"and"taxable trustee"as set out in subsection 1(1)of the Land Transfer Tax Act. 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.(a) This is not a conveyance of land that is located within the"specified region".
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. BR136778 Date: 2018/10/12
B. Property(s): PIN 33314-0179 Address KINCARDINE Assessment -
Roll No
C.Address for Service: 319 Kincardine Ave.
Kincardine, ON N2Z 2R2
D.(i)Last Conveyance(s): PIN 33314 - 0179 Registration No.
(ii)Legal Description for Property Conveyed:Same as in last conveyance? Yesill No ❑ Not known ❑
E.Tax Statements Prepared By: Hannah Olumayokun Aina
55 Town Centre Court, Suite 632
Toronto M 1 P 4X4
ACKNOWLEDGMENT
TO: The Corporation of the Municipality of Kincardine
AND TO: Tammy W.Grove-McClement
Orove-McClenrent&Fischer LLP
Barristers&Solicitors
RE: The Corporation of the Municipality of Kincardine transfer to
10378836 Canada Corporation
Part Elgin Market Square Plan Kincardine,Parts 1,2,3,4& 3R10017;
Municipality ofKincardine:being all of PIN 33314-0179(LT1
I,Aurno Khan,on behalf of 10378836 Canada Corporation,hereby acknowledge and agree as
follows:
1. I am the Di ter-int of 10378836 Canada Corporation ("the
Corporation"),which is the registered owner of PIN 33314-0179(L1)and have authority
to bind the Corporation.
2. That the land identified as Part Elgin Market Square Plan Kincardine,Parts 1,2,3,4&5
3R10017,Municipality of Kincardine;being all of PIN 33314-0179(LT),which is owned
by the Corporation of the Municipality of Kincardine("Kincardine"),has been leased by
our predecessors in title since on or about May 1997 pursuant to a Lease to Purchase
Agreement dated May 22,1997("1997 Agreement"),a copy of which is attached hereto
as Schedule"A".
3. That the land is being transferred to the Corporation by Kincardine in accordance with
the.1997 Agreement.
4. Once the transfer of land is complete,the terms of the 1997 Agreement will be deemed
satisfied.
5. That Kincardine and its solicitors are not making any representations or warranties with
respect to the land and that the Corporation has exercised its own due diligence and is
accepting the lands as is and with the encumbrancesPnstruments registered thereon
unconditionally from Kincardine.
DATED at \�, ,Ontario this j,day of September,2018.
10378836 Canada Corporation
PER: t (sxyz,--
Aurno Khan
I have authority to bind the Corporation
SCtianL 1 "A"
This ASMISHENT made isnet
. 1997. TkZPLItJITH this 3.1 day of
guoiSETWaSat
IBS O0xpBliTIO t OP TOR T010►Op=scam=
hereinafter called the *Town*
of the First Part,
-and-
awn'lima>Q ROARY't
hereinafter the ■I4 „
a the second Part.
nenelhei the*lease Towp and the Licensee wish to enter into a
purchase* t for part of Elgin Market
Square, north side of Kincardine Avenue, and more
particularly described as Part I, Part 2 and Part 7 of
��erence Plan 3R-6613, hereinafter called the *licensed
now TURSPOISS THIS AMRIMOMTIITTSISSITS TORT in considera-
tion of the mutual covenants and agreements hereinafter
contained, and .subject to the terms and conditions
hereinafter set out, the parties agree as follows*
1. The Town hereby grants to the Licensee (insofar as the
Town can legally do so) license and full peraissioe
and authority to enter upon the Licensed Lend for a
term of ten (10) year's tole computed frog the in day
O09tay, 1997 and ending on the 30th ally of June,
2. The Town hereby agrees that at the end of the ten (10)
year period -of the Licensed Land shall be
transferred to the tiicansss. PU thsrmore, the Toon
egrets that the Licensee shall have the option of
buying out the lease by payingat nay tine, the
remaining balance of the aelve, at which time
ownership rthe Licensed Land old be transferred to
3. The license shall be in the amount of tIy
H ($5,000.00) payable in ten (10) instalment
»OLLIMS $500.00) per year for ten (10)
years. The first instalment shall be paid upon the
signing of this agreement and then once a
anniversary date of this agreement. Years on the
4
NoCarten License Agreement
Sege a
4. The Licensee shall always indemnify and keep
indemnified the Town against all actions, suits,
claims and demands which say be brought
t or
fimade the Town and against all Ices. costs
d, ocharges or,gesso expenses Whatsoever which may ba
of the exercise paid by the Tows in coos
Aeby granted.
° Licensee af the anion
s. The Licensee further covenant as follows.
a) tor and
the Licensed Land in a good state of
complying with health and safety
standards;
b) to pay all emnieipai taxes and levies assessed
against the Licensed Land;
c) not to use the Licensed Land for any other purpose
than as amuse to the licensee's property, with
the exception that the licensee may use the lands
toeerect
ecss t si act to L advertising the licensee's
sign by-lax); provisions of the Taws •
d) not to make any additions or alterations to the
Licensed Land without the consent of the Town.
6. If the Licensee breaches any provisions of this
Agreement and such default continues for thirty (30)
days after the TOwn bee delivered notice of said
default to the Licenses then the TOwn may terminate
this Agreement by giving notice of termination to the
License, ' snob
date such notice it sveaioa to be effective rpm .tho
7. In the event that clause 6 is exercised by the Town,
the License shall remove any structure or
its erectedl by the Licensee on the Licensed
Land within days of the termination of
this license, which the Town may preeeed to
remove thehams and the Town shall be entitled to
recover from the Licensee the cost of such removal in
any court of competent jurisdiction.
a. Nothing herein shall be construed as giving the
Licensee anymore than peraiel oa to use the Licensed
Land for enjoyemmt.
9. The Licensee shall not transfer or assign their
interest in the Agreement without the consent, in
writing, of the Town, and the Town may require the
payment
consent. of a fee as a condition of granting such
10. Any notice required or permitted to be given hereunder
shall be in writing and shall be effectively given if
(i) delivered person lly, (ii) sent by fax machine, or
(iii) sent ry preps.d courier service or. nil
addressed, in the case of notice to the Towns at 707
Queen Street, Kincardine, Ontario, 122 159, and in the
case of Avenue, Ki notice
aeardiae, Ontario,�sss]i35 322. 319et Kincardine
noticeso
given shall be deemed conclusively total's been given
end received when no personally delivered or faxed or
on the second day following the sending thereof by
private courier or mail. Any party hereto may change
any particulars of its address for notice to the other
in the manner aforesaid.
...3
KaCarten Licence agreement
Page 3
21. This Agreement shall enure to the benefit of and be
binding Upon the said parties hereto, their heirs„
raeexecutorvely administrators, successor, and assigns,
a STUMM 111010nOW the Torn baa hereto affixed its
Clerk of thecorporate seal
attested
ot by the bands of the gayer and the
Liacae+diae, this a tey of
a 7997 and the License hae hereunto net his
and seal this ale day of ,net , 1997.
green, sEELsp am mamma )
in the Presence of ) TOW TOMn
TRW C
OF 111310anDIns)
) yor - Charles 1 . Nana
)
)
)
per•
) erh - Maureen Couture
N 'rt e ) dameg o`cl
Witness ) N71AgaA �
)
DIRECTION—RE:TITLE
TO: The Corporation of the Municipality of Kincardine
AND TO: Tanuny W.Grove-McClement
Grove-McClement&Fischer LLP
Barristers&Solicitors
RE: The Corporation of the Municipality of Kincardine transfer to 10378836
CANADA CORPORATION
Part Elgin Market Square Plan Kincardine,Parts 1,2,3,4&3R10017
Municipality of Kincardine,being all of PIN 33314-0179
You are hereby authorized and directed to engross the Deed or Transfer in the above-
noted transaction as follows:
10378836 CANADA CORPORATION
Address for Service:319 Kincardine Avenue,Kincardine,Ontario N2Z 2R2
and this shall be your good and sufficient authority for so doing.
Si-DATED AT Toronto,Ontario,this 1 day of September,2018.
10378836 CANADA CORPORATION
Per: 1.11/wy
Aurno Khan
CANADA )IN THE MATTER OF the Corporation of the
PROVINCE OF ONTARIO )Municipality of Kincardine transfer to 10378836
)CANADA CORPORATION
)Part Elgin Market Square Plan Kincardine,Parts
)1,2,3,4&3R10017 Municipality of Kincardine,being
)all of PIN 33314-0179(Li)
I Aurno Khan, of the City Pickering, in the Province of Ontario, DO SOLEMNLY
DECLARE THAT:
1. I am the sole director and officer of 10378836 CANADA CORPORATION,the
transferee in the above-noted transaction, and as such I have knowledge of the
matters hereinafter set forth.
2. The Transferee is a Federal Corporation in good standing as at the date hereof.
3. The Transferee is a resident of Canada for the purposes of Part 116 of the Income
Tax Act (Canada) as amended and will remain a resident of Canada upon the
closing of the within transaction.
4. The the information prescribed for purposes of section 5.01 of the Land Transfer
Tax Act is not required for this transaction and the Non-Resident Speculation Tax
does not apply to this transfer.
I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and
knowing it is of the same force and effect as if made under oath.
DECALRED BEFORE ME at the )10378836 CANADA CORPORATION
City of l t r ,this f S}- )
Day of September,2018 )
) Per:Aurno Kiian
“0 signer,etc.
1/ft" Ontario
CLEAR CERTIFICATE / CERTIFICAT LIBRE
SHERIFF OF/SHERIF DE : COUNTY OF BRUCE (WALKERTON)
CERTIFICATE #/ 35234319-2100760B
N° DE CERTIFICAT :
DATE OF CERTIFICATE/ 2018-OCT-12
DATE DU CERTIFICAT :
SHERIFF'S STATEMENT
THIS CERTIFIES THAT THERE ARE NO ACTIVE WRITS OF EXECUTION, ORDERS OR CERTIFICATES OF LIEN FILED WITHIN
THE ELECTRONIC DATABASE MAINTAINED BY THIS OFFICE IN ACCORDANCE WITH SECTION 10 OF THE EXECUTION ACT
AT THE TIME OF SEARCHING AGAINST THE REAL AND PERSONAL PROPERTY OF:
DECLARATION DU SHERIF
CE CERTIFICAT ATTESTE QU'IL N'Y A AUCUNE ORDONNANCE ACTIVE OU AUCUN BREF D'EXECUTION FORCEE OU
CERTIFICAT DE PRIVILEGE ACTIF DANS LA BASE DE DONNEES ELECTRONIQUE MAINTENUE PAR CE BUREAU AUX
TERMES DE L'ARTICLE 10 DE LA LOI SUR L'EXECUTION FORCEE AU MOMENT DE LA RECHERCHE VISANT LES BIENS
MEUBLES ET IMMEUBLES DE :
NAME SEARCHED/ NOM RECHERCHÉ
# PERSON OR COMPANY/ NAME OR SURNAME,GIVEN NAME(S)/
PERSONNE OU SOCIETE NOM OU NOM DE FAMILLE, PRENOM(S)
1. COMPANY/SOCIETE THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
CAUTION TO PARTY REQUESTING SEARCH:
1. IT IS THE RESPONSIBILITY OF THE REQUESTING PARTY TO ENSURE THAT THE NAME SEARCHED IS CORRECT.
2. BY VIRTUE OF THIS CERTIFICATE,THE SHERIFF IS ASSURING THAT THIS NAME WILL REMAIN CLEAR UNTIL THE END
OF CLOSE OF THIS BUSINESS DATE, UNLESS THE SHERIFF IS DIRECTED OTHERWISE UNDER AN ORDER OF THE
COURT.
AVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE :
1. IL INCOMBE A LA PARTIE QUI DEMANDE LA RECHERCHE DE S'ASSURER QUE LE NOM RECHERCHE EST EXACT.
2. EN VERTU DU PRESENT CERTIFICAT, LE SHERIF ASSURE QUE CE NOM DEMEURE LIBRE JUSQU' A LA FIN DE CETTE
JOURNEE DE TRAVAIL, A MOINS DE RECEVOIR DES DIRECTIVES CONTRAIRES AUX TERMES D'UNE ORDONNANCE DU
TRIBUNAL.
CHARGE FOR THIS CERTIFICATE CDN 11.65
/ FRAIS POUR CE CERTIFICAT :
CERTIFICATE#/N°DE CERTIFICAT: 35234319-2100760B Page 1 of 1
55 Town Centre Court,Suite 632
Toronto,ON MIP 4X4 Canada
ANA LAW PROFESSIONAL CORPORA Ph: 416-290-5305 Fax: 416-290-5307
October 11,2018 Inv #: 247
File#:8836Cana
10378836 CANADA CORPORATION
319 Kincardine Avenue,
Kincardine,ON
N2Z 2R2
RE: PURCHASE
Fee
My Fee Herein-COMMERCIAL TRANSFER(CITY OF
KINCARDINE/10378836 CANADA CORPORATION
Total Fee $2,000.00
Disbursements
File Opening Fee 10.00
SOFTWARE TRANSACTION FEE 23.00
Photocopy Expense 45.00
Postage 20.0.0
Telephone Expense-long distance 15.00
Total Disbursements $113.00
Total GST $274.69
Total Invoice $2,387.69
--- -----------
Balance Due Now $2,387.69
,i
* puit S $ • 28 -E Nei i-t E
co-5 To K -C TEAR' 1 AtvsPE
_.-._.-.._._:. /k IN L�r`-i L � 1/�; I T aE,4�
Hannah' ayokun Aina -
TOTA L : - 2 `-f 9H .c19.
E.&0.E.
Tax ID Number 16499727RC00001
"tax-exempt Total GST: $274.69