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HomeMy WebLinkAbout21 109 Road Establishment (Gary Street) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2021 - 109 A BY-LAW TO ESTABLISH PART 2 ON PLAN 3R-10042 AS PART OF THE PUBLIC HIGHWAY SYSTEM FOR THE MUNICIPALITY OF KINCARDINE WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 authorizes a municipality to pass by-laws regarding highways; AND WHEREAS The Corporation of the Municipality of Kincardine is the owner of the lands described in this By-law; AND WHEREAS it is deemed appropriate to establish and assume the lands described in this By-law as public highway for public use; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the lands described as PART LOT 16 CONCESSION A KINCARDINE DESIGNATED AS PART 2 ON 3R-10042; MUNICIPALITY OF KINCARDINE; being part of PIN 33303-0875 (LT) are hereby established as a public highway under the jurisdiction of The Corporation of the Municipality of Kincardine and shall form part of the public highway known as "Gary Street". 2. This by-law shall come into full force and have immediate effect upon final passage thereof. 3. This by-law may be cited as the "Road Establishment (Gary Street) By-law". READ a FIRST and SECOND TIME this 14t" day of June, 2021. READ a THIRD TIME and FINALLY PASSED this 14t" day of June, 2021. Gerry Glover Jennifer Lawrie Signed with ConsignO Cloud • Signed with ConsignO Cloud • (2021/06/16) (2021/06/16) Verify with verifio.com or Adobe Reader. Verify with verifio.com or Adobe Reader. Mayor Clerk GROVE-MCCLEMENT & FISCHER LLP GROVE-MCCLEMENT PROFESSIONAL CORPORATION ATLIA M. FISCHER PROFESSIONAL CORPORATION BARRISTERS & SOLICITORS July 16, 2021 VIA EMAIL: aweishar(rc� kincardine.ca Municipality of Kincardine 1475 Concession 5 R.R.45 Kincardine, ON N2Z 2X6 Attention: Adam Weishar, Director of Infrastructure and Development Dear Sir: Re: Registration of By -Law 2021-109 & Transfer Gary Street, Kincardine Our File: 20602 We are pleased to confirm that the above -noted matter was completed and the following documents registered on July 14, 2021: 1. Application to Register By -Law receipted as Instrument No. BR171435 with schedules; and 2. Transfer receipted as Instrument No. BR171436. We take this opportunity to enclose our Statement of Account professional services rendered, which we trust you will find satisfactory. It has been a pleasure to assist you with this matter. If you have any questions or concerns, please contact us. TGM:ae Encl. Yours truly, GROVE-McCLEMENT & FISCHER LLP Tammy W. Grove-McClement P.O. Box 880, 11 Durham Street E., Walkerton, ON NOG 2VO P: 519-881-3230 1 F: 519-881-3595 www.walkertonlaw.ca I wmvt@walkertonlaw.ca LRO # 3 Application Bylaw To Establish Public Receipted as BR171435 on 2021 07 14 at 14:49 Highways The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 33303 - 0875 LT ✓❑ Affects Part of Prop Description PART OF LOT 16, CONCESSION A KINCARDINE DESIGNATED AS PART 2 3R-10042; 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 Gerry Glover, 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 2021 0714 Walkerton Applicant(s) NOG 2V0 Tel 519-881-3230 Fax 519-881-3595 1 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 2021 0714 Walkerton NOG 2V0 Tel 519-881-3230 Fax 519-881-3595 Fees/Taxes/Payment Statutory Registration Fee $65.30 Total Paid $65.30 File Number Applicant Client File Number: 20602 LRO # 3 Transfer Receipted as BR171436 on 2021 07 14 at 14:52 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 33303 - 0875 LT Interest/Estate Fee Simple ✓❑ Split Description PART OF LOT 16, CONCESSION A KINCARDINE DESIGNATED AS PART 2 3R-10042; 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 Gerry Glover, Mayor and Sharon Chambers, CAO. Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF Registered Owner KINCARDINE Address for Service 1475 Concession 5 R.R.#5 Kincardine, ON N2Z 2X6 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. Signed By Tammy Wynn Grove-McClement 11 Durham Street East, Box 880 acting for Signed 2021 0714 Walkerton Transferor(s) NOG 2V0 Tel 519-881-3230 Fax 519-881-3595 1 have the authority to sign and register the document on behalf of all parties to the document. Tammy Wynn Grove-McClement 11 Durham Street East, Box 880 acting for Signed 2021 0714 Walkerton Transferee(s) NOG 2V0 Tel 519-881-3230 Fax 519-881-3595 1 have the authority to sign and register the document on behalf of all parties to the document Submitted By Grove-McClement & Fischer LLP 11 Durham Street East, Box 880 2021 0714 Walkerton NOG 2V0 Tel 519-881-3230 Fax 519-881-3595 Fees/Taxes/Payment Statutory Registration Fee $65.30 Provincial Land Transfer Tax $0.00 Total Paid $65.30 LRO # 3 Transfer Receipted as BR171436 on 2021 07 14 at 14:52 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 3 File Number Transferor Client File Number: 20602 Transferee Client File Number: 20602 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 33303-0875 PART OF LOT 16, CONCESSION AKIN CARDIN E DESIGNATED AS PART 2 3R- 10042; MUNICIPALITY OF KINCARDINE BY: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE TO: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Registered Owner TAMMY GROVE-MCCLEMENT 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 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE described in paragraph(s) (c) 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 $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: Part 2 on Plan 3R-10042 is a highway as defined in the Municipal Act, 2001. This is a transfer from the Transferee, The Corporation of the Municipality of Kincardine to itself for the purposes of splitting the within PIN to sever the said highway from the remaining lands that do not constitute a highway but are contained within the said PIN. 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. BR171436 Date: 2021/07/14 B. Property(s): PIN 33303 - 0875 Address KINCARDINE Assessment - Roll No C. Address for Service: 1475 Concession 5 R.R.#5 Kincardine, ON N2Z 2X6 D. (i) Last Conveyance(s): PIN 33303 - 0875 Registration No. BR139045 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes ❑ No ✓❑ Not known ❑ E. Tax Statements Prepared By: Tammy Wynn Grove-McClement 11 Durham Street East, Box 880 Walkerton NOG 2V0 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT Certified to be a true and complete copy of By -Law No. o)Q&1- 09 passed by the Council of The Corporation "-'PurrOFx xPO 6 of the Municipality of Kincardine on the / `1 day of BY-LAW tJ nnifer White, Deputy Ck uler nicipality of Kincardine Date , C��nc_ @ , ��g I . NO. 2021 -109 A BY-LAW TO ESTABLISH PART 2 ON PLAN 3R-10042 AS PART OF THE PUBLIC HIGHWAY SYSTEM FOR THE MUNICIPALITY OF KINCARDINE WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 authorizes a municipality to pass by-laws regarding highways; AND WHEREAS The Corporation of the Municipality of Kincardine is the owner of the lands described in this By-law; AND WHEREAS it is deemed appropriate to establish and assume the lands described in this By-law as public highway for public use; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the lands described as PART LOT 16 CONCESSION A KINCARDINE DESIGNATED AS PART 2 ON 3R-10042; MUNICIPALITY OF KINCARDINE; being part of PIN 33303-0875 (LT) are hereby established as a public highway under the jurisdiction of The Corporation of the Municipality of Kincardine and shall form part of the public highway known as "Gary Street". 2. This by-law shall come into full force and have immediate effect upon final passage thereof. 3. This by-law may be cited as the "Road Establishment (Gary Street) By-law". READ a FIRST and SECOND TIME this 14th day of June, 2021. READ a THIRD TIME and FINALLY PASSED this 14th day of June, 2021. Germ Glover Jennifer Lawrie Signed with onsignO Cloud Signed with ConsignO Cloud (2 211061 6) (2 21/06/1" Verify with verifio.com or Adobe Reader. Verify, with verifio.rom or Adobe Reader. Mayor Clerk