Download 369 KB

Last revised:
December 18, 1997

Memo to:

All Land Registrars

From:

Doug Aron,
Examiner of Surveys

Contents of the memo:

Beginning in the very near future, and over the coming period until the end of 1999, various water works and sewage works will be transferred from the Ontario Clean Water Agency to Ontario’s municipalities. These transfers will involve about 230 treatment works, including easements, and will affect approximately 12,000 properties.

The title to these properties is currently registered in one of the following names: the Ontario Water Resources Commission, the Minister of the Environment, the Minister of Environment and Energy or the Ontario Clean Water Agency. The Ontario Clean Water Agency became the owner of the lands, or interests in land, held by its predecessors by virtue of section 53 of the Capital Investment Plan Act, 1993. By subsection 2(6) of the Municipal Water and Sewage Transfer Act, 1997 the Minister of Environment and Energy may make an order transferring these lands to a municipality. An Order in Council will be passed to give this authority to the Minister of the Environment, as successor to the Minister of Environment and Energy.

The transfer of title to the relevant lands and the transfer of the Agency’s easement interests (either permanent or temporary) will be made by "Minister’s Transfer Order" which you will be receiving in the form of a Document General (Form 4). The Order wil be signed either by the Minister of Environment and Energy or by the Minister of the Environment. The documents will contain schedules which will include complete descriptions of the lands being transferred and will identify the type of interest (fee, permanent easement, temporary easement) being transferred.

Under both the Registry Act and the Land Titles Act, these transfer Orders are to be treated as documents that vest title (or the stated lesser interest) in the Municipality (or Municipalities) identified as the transferee(s). They should be abstracted accordingly.

For automated records, please use document type "Order" (for both Registry and Land Titles documents). It is our understanding that each document will transfer lands in only one land registration division and that separate documents will be provided for lands under the registry system or under the land titles system.

The descriptions contained in these documents should be complete descriptions that comply with the regulations. They will usually be the same descriptions that were previously registered when the interests were last dealt with in registered documents. In some cases they will, of necessity, be updated to reflect the current municipalities and/or current geographical abstracting entities or PINs. Where only part of a prior parcel is to be transferred, a reference plan description will be provided.

In those rare instances where the description provided would not comply entirely with the current regulations, and where proof is supplied that the transferee municipality has agreed to accept such a description, land registrars are encouraged to exercise their discretion in arriving at the most cost effective method of achieving a description that can be recorded in the proper place and that would be expected to provide a reasonably accurate description of the interest to be conveyed. The Regional Surveyors should be consulted in this matter and will make recommendations as to what would be appropriate in the circumstances. If necessary, such descriptions should be stamped as acceptable for this one time use only.

A sample Minister’s Transfer Order is attached for your information. Although not included in the package, a Land Transfer Tax Affidavit is required for each transfer unless proof of exemption by the Ministry of Finance is provided.

Any questions in this matter should be directed to your Regional Surveyor.

Schedule A

All right, title and interest in the following lands is hereby transferred in fee simple to the transferee.

Firstly

Part of Lots 54 and 55 east of the Hasting Road,
Village of Bancroft
Geographic Township of Dungannon
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 1 on Reference Plan 21R-593
As previously described in Instrument 172813

Secondly

Lot 76, Registered Compiled Plan 2194
Village of Bancroft
County of Hastings
Registry Division of Hastings (No. 21)

As previously described and show on a sketch attached to Instrument 179075.

Thirdly

Part of Lot 57, Concession 1
West of Hastings Road
Village of Bancroft
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 1 on Reference Plan 21R-832
As previously described in Instrument 264464

The parcels outlined in Schedules A, B and C are currently associated with the Bancroft Sewage Collection System, Pursuant to Section 27 from the Ontario Water Resources Act, the benefit of any easements acquired by the Town for sewage or water works is not restricted to use with a particular dominant or serviant tenement.

Schedule B

The easement rights more fully described in fully described in the Instrument referred to each parcel are hereby transferred to the transferee.

Firstly

Part of Lot 55, West of the Hastings Road
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as a Part 4 on Reference Plan 21R-593
As previously described First in Instrument 180456

Secondly

Part of Lot 55, East of Hastings Road
Part of the road allowance between
Township of Faraday and Dungannon
(Closed by By-Law 711, Instrument 33471)
Village of Bancroft
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Parts 2 and 3 on Reference Plan 21R-593
As previously described Secondly in Instrument 180456

Thirdly

Part of Lot 55, East of the Hastings Road
Village of Bancroft
Geographic Township Dungannon
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 1 on Reference Plan 21R-1474
As previously described in Instrument 205490

Fourthly

Part of Lots 54 and 55, East of the Hastings Road
Village of Bancroft
Geographic Township of Dungannon
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 1 on Refence Plan 21 R-1474
As previously described in Instrument 205491

Fifthly

Part of Lot 21, Registered Compiled Plan 2194
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

More particularly described as follows:

Premising that the northerly limit of said Lot 1 has an astronomic course of N 670 31'E derived from observation and relating all bearings herein, thereto;

Commencing where a survey post has been been planted defining the northeasterly angle of the said parcel and being in the eastely limit Chemaushgon Road distant thereon 243.25 feet measured:

  • S 28° 59'E from a survey post planted at an angle therein distant thereon 487.88 feet measured
  • S 24° 25'E from a survey post planted at an angle therein distant thereon 121.96 feet measured
  • S 34° 30'E from a survey post planted at an angle therein distant thereon 266.57 feet measured
  • S 59° 46'E from its intersecton with the northerly limit of said Lot 1 distant thereon 452.95 feet measureda survey post planted at an angle therein distant thereon 121.96 feet measured
  • N 67° 31'E from the northwest corner of Lot, Concession B, aforesaid;

Thence S 21° 22' 3' E along the said easterly limit of Chemaushgon Road 69.63 feet to a survey post planted at its intersection with the westerly limit of the right-of-way of the Canadian National Railway;

Thence S 68° 37'30" W, 10.00 feet to a point;

Thence N 21° 22'30" W, 69.63 feet to a point;

Thence N 68° 37'30" E, 10.00 feet to the point of commencment.

As previously described as Schedule A and on plan attached to Instrument 205489.

Sixthly

Part of Lot 65, West of the Hastings Road,
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 6 on Reference plan 21 R-1475
As previously described as Schedule B in Instrument 205489

Seventhly

Part of Lot 35, Registered Compiled Plan 2194
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 6 on Reference Plan 21 R-1541
As previously described Firstly in Instrument 181485

Eighthly

Part of Lot 48, Registered Compiled Plan 2194
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 4 on Reference Plan 21 R-1541
As previously described Firstly in Instrument 194483

Ninthly

Part of Lot 37, Registered Compiled Plan 2194
Village of Bancroft
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 7 on Reference Plan 21 R-1541
As previously described in Instrument 209517

Tenthly

Part of Lot 58, West of the Hastings Road
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 2 on Reference Plan 21 R-830
As previously described Firstly in Instrument 180458

Eleventhly

Part of Lot 49, Registered Plan 411
Village of Bancroft
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 1 on Reference Plan 21 R-1 4478
As previously described Firstly in Instrument 180455

Twelvthy

Part of Lot 49, Registered Plan 411
Village of Bancroft
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 1 on Reference Plan 21 R-588
As previously described Firstly in Instrument 179391

Thirteenthly

Part of Lots 57 and 58, West of Hastings Road
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 3 on Reference Plan 21 R-5841
As previously described Firstly in Instrument 180460

Schedule C

The easement rights more fully described in the instrument referred to for each parcel are hereby transferred to the transferee.

Firstly

Part of Lot 35, Registered Compiled Plan 2194
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 5 on Reference Plan 21R-1541
Aspreviously described Secondly in Instrument 181485

Secondly

Part of Lot 48, Registered Compiled Plan 2194
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 3 on Reference Plan 21R-1541
Aspreviously described Secondly in Instrument 181483

Thirdly

Part of Lot 58, West of the Hastings Road
Village of Bancroft
Geographic Township of Faraday
County of Hastings
Registry Division of Hastings (No. 21)

Shown as Part 3 on Reference Plan 21R-830
Aspreviously described Secondly in Instrument 180458

Fourthly

Part of Lot 49, Registered Plan 411
Village of Bancroft
County of Hastings
Registry Division of hastings (No. 21)

Shown as Part 2 of Reference Plan 21R-588
As previously described Secondly in Instrument 179391

Original signed by:

Doug Aron

Copied:

Ian Veitch
Kate Murray
Regional Managers
Regional Surveyors
Head Office Manages
L. Dalton – Teranet
J. Slemming – Teranet