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2009-004 Deem Certain Plans of Subdivision or parts thereof not to be Registered Plans of SubdivisionTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-004 A By-law to Deem Certain Plans of Subdivision or parts thereof not to be Registered Plans of Subdivision within the meaning of the Planning Act R.S.O. 1990, c.P.13, as amended, and to Establish a Drainage Easement in favour of the Township of Oro-Medonte on Part 6, Plan 51 R-36227 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, and to Permanently Close and Sell Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554-0013 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision or parts thereof be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act, R. S, Q. 1990, c. P. 13, as amended. AND WHERAS the Council of The Corporation of the Township of Oro-Medonte has the authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, to designate by by-law any Plan of Subdivision or part thereof to not be a registered Plan of Subdivision for the purposes of Section 50(3) of the said Planning Act, R. S. 0. 1990, c. P. 13, as amended. AND WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS Section 34 of the Municipal Act, S.Q. 2001, c.25, as amended, provides procedures for highway closing; AND WHEREAS the part of the road allowance know as the Deviation of Colborne Street, (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe, is no longer required for municipal purposes; AND WHEREAS Section 270 of the Municipal Act, 2001, S.Q. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-law No. 2007-083 on the 18th day of July, 2007, being a By-law to establish a policy/procedure with respect to the sale and other disposition of land; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte deems it necessary to establish and reserve a drainage easement in favour of the Township of Oro-Medonte on Part 6, Plan 51 R-36227; AND WHEREAS Council has previously caused notice to be given of its intention to permanently close and sell the lands described in Schedule "B" attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007- 083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands designated as part of the road allowance know as the Deviation of Colborne Street, (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe, described in Schedule "B" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed road closure of the proposed sale of land from any party; AND WHEREAS pursuant to By-law 2007-083, the Clerk of the Township of Oro- Medonte did cause a Notice of the proposed by-law to permanently close and sell Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554- 0013 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro- Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "C" and forms part of this by-law; AND WHEREAS the proposed by-law came before Council of The Corporation of The Township of Oro-Medonte for consideration at its meeting on the 28th day of January, 2009, and at that time Council received no notice of objection to the proposed road closure or proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That part of the Registered Plan of Subdivision described in Schedule "A", attached hereto and forming part of this by-law, pursuant to Section 50(4) of the Planning Act, R. S. 0. 1990, c. P. 13, as amended, is hereby deemed not to be a lot on a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act, R. S. 0. 1990, c. P. 13, as amended. 2. Establishment of Drainage Easement - That a drainage easement in favour of The Corporation of the Township of Oro-Medonte be established and reserved over Part 6, Plan 51 R-36227. 3. Permanently Close - Council does hereby permanently close Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554-0013 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "B" attached hereto, and forming part of this by-law. 4. Authorization of Sale - Council does hereby authorize the sale of Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554- 0013 (LT)), (geographic Township of Oro), Township of Ora-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe, to the registered owners from time to time of the abutting lands as follows and that the title to the transferred lands merge with those lands owned by the respective abutting owners: Owner 51 Barrie Terrace (P(N#58554-0021(Lt)) Kimberley Ann Olynyk 57 Barrie Terrace (PIN#58554-0012(Lt)) Gerald Edwin Norman and Carol Lynn Norman Land to be Transferred Parts 1 and 6, 51 R-36227 Parts 3 and 5, 51 R-36227 and Part 3, 51 R-34654 5. Sale Price and Consideration - In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated as Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554- 0013 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe, as follows: Description of Land Sale Price Parts 1 and 6, 51 R-36227 $30,000.00 Parts 3 and 5, 51 R-36227 and $30,000.00 Part 3, 51 R-34654 And as further consideration, the respective registered owners undertake to the Township of Oro-Medonte to erect, at their expense, a boundary fence between the lands conveyed unto them (save as to the westerly limit of Part 6, on Plan 51 R-36227) and that part of the road allowance know as the Deviation of Colborne Street retained by the Township so as to clearly delineate the new boundary between their private property and the Township's public lands. 6. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF JANUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF JANUARY, 2009. THE ,TION OF THE TOWNSHIP OF ORO-MEDONTE Clerk, J. D®ug1as Irwin Schedule "A" law No• 2009-004 for edonte to Sy' Township Of pro-M The Corporation of the Registered Plan are situate IMcoedin the The following Lot and -Township 01 pro-Medonte in the County of 1 l T)) ownsh~p em enfeldt Land under water 062 ~ la Plan 51R-21436 (PIN #58554- Plan 663 (Oro); Part Town Plot of K Block A, P Plan 1 (Oro)•, Part Kempenfeldt I frw ' tl K, _AV~E SIMCC)E r 4 eux 'yy7 1 't- ~~trt M E3ECT T1' DEE'''AING G B LAND U ~J ~ 1 1" too 1501 --meter /i----"""_" fir--- Schedule "B" to By-law No. 2009-004 for The Corporation of the Township of Oro-Medonte Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554-0013 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Ora-Medonte, County of Simcoe. »owx DAM STRE eTr R091 PLAN 51R-_h,' ,~7 PLAN OF SURVEY (no FLAN u_ p . HECENEi All OF PART OF COLBORNE STREET & PART OF L_OT '6~ NrTr H ~7 "A E_"~' ~9A ON THE BAY & PART OF ADJOINING LOT 16 SOU'H SDE OF _ DAVIS STREET & PART OF THE UNNAMED S.REF. *u _ _ _ k v > REGISTFRFD PLAN ' - 'a (GEOGRAPHIC TOWNSHIP OF ORO) TOWNSHIP OF ORO-MEDONTE sc"L " nrw4T, COUNTY OF SIMCOE - r PART 3 - 4 16 IO`C , 0 rk. Q V T N LY ,L NNAMED z'FREE - ' a LOT 16 ti ON THE FLAY. t Ay.. • ~ x ~,r ~ • ~ NOTES: F , ~e ~aN s .'111 ak a m * rn SI e T g x n -k ~ Tr F'- G ~QS" r DISTANCES SHOWN ON HIS PLAN ARE IN ME RES AND E r CAN BE CONVERTED TO FEET BY DLVOING BY 01.3048 LEGEND SURVEYOR'S CERTIFICATE C.T. STRONGMAN SURVEYING LTD. A 51ANC -N ana R :.NNAk1. Lao N . ccwr~. rnai N „ THS 52- AND 1 NT, . , Ontario La ~d Surveyors r k q f~. R kOUNC 'HF S RrFY!: ACT, 4N~ E RFG LA Mr... . , M , a N_F . M1 vt3 g fi Ra P0.5T xi+ uPx E' wns r, Ti.E~L. ON D All lAV 0' ...rvF ::IU& ORILLIA - ONTARIO _ IWII 0..;;,E V.. - OM N) tANP kJfNEYOP AC v~, nee~re ~ C-4484 Schedule "C" to By-law No. 2009-004 for The Corporation of the Township of Oro-Medonte THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED SALE OF LAND BY-LAW TAKE NOTICE that the Township of Oro-Medonte proposes to pass a By-law to permanently close and sell a part of a road allowance, in the Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of the Township of Oro-Medonte at its regular meeting to be held at the Council Chambers on the 28th day of January, 2009 at 7:00 p.m. and at that time Council will hear in person or by his/her counsel, solicitor or agent, any person who claims that his/her land will be prejudicially affected by the By-law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on January 21, 2009. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 16TH DAY OF JANUARY, 2009. J. Douglas Irwin, Clerk, Township of Oro-Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487-0133 SCHEDULE "A" Closure and Sale: Part of the Road Allowance known as the Deviation of Colborne Street (Part of PIN #58554-0013 (LT)), (geographic Township of Oro), Township of Oro- Medonte, identified as Part 1, Plan 51 R-15132 and more particularly described as Parts 1, 3, 5 and 6, Plan 51 R-36227, and Part 3, Plan 51 R-34654, Township of Oro-Medonte, County of Simcoe.