2004-121 To Expropriate Lands Required for a Public Highway, for a Right-of-Way for Public Passage and for Communal Water Mains and Utilities
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-121
Being a By-law to Expropriate Lands Required
for a Public Highway, for a Right-of-Way for Public Passage,
and for Communal Water Mains and Utilities
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and the
Expropriations Act, R.5.0. 1990, c. E.26, as amended, authorize a municipality to
expropriate land for municipal purposes;
AND WHEREAS the Expropriations Act prescribes the duties of the expropriating
authority in exercising its power to expropriate land;
AND WHEREAS Council for the Township of Oro-Medonte has authorized an
application for approval to expropriate certain lands;
AND WHEREAS the application was referred to an Inquiry Officer by the owner(s)
affected and Council considered the report of the Inquiry officer and concluded that the
proposed taking was necessary to achieve a Public Highway, a Right-of-Way for Public
Passage, and Communal Water Mains and Utilities;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1.
That approval is hereby granted by the Council of The Corporation of the
Township of Oro-Medonte for the expropriation of the lands described on
Schedule "A" attached hereto to achieve a Public Highway, a Right-of-Way for
Public Passage, and Communal Water Mains and Utilities.
2.
That the Mayor and Clerk of The Corporation of the Township of Oro-Medonte
are hereby authorized to execute the Certificate of Approval and the
Expropriation Certificate to be set out on the Expropriation Plan.
3.
That the Clerk is hereby authorized to cause the Expropriation Plan to be
registered in the Land Registry Office for the Registry Division of Simcoe No. 51
and thereby effect the expropriation of the said lands.
4.
That The Corporation of the Township of Oro-Medonte is hereby authorized to
enter and take possession of the expropriated lands on the day permitted by the
Expropriations Act or pursuant to any Court Order thereunder, or pursuant to
any agreement entered into between the owner(s) and The Corporation of the
Township of Oro-Medonte.
5.
That the Clerk is hereby authorized to deliver Notices of Possession, Notices of
Expropriation, Notice of Election and Offers and Appraisal Reports in accordance
with Section 25 of the Expropriations Act and to do all other things and give all
other notices required by the Expropriations Act.
6.
That this by-law shall come into force and take effect on the date of its final
passing.
Read a first and second time this 20th day of October, 2004.
Read a third time and finally passed this 20th day of October, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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SCHEDULE "A"
Part of the East Half of the West Half of Lot 2, Concession 7, (geographic Township of
Oro), Part of Part 7, 51R-13204, more particularly described as Part 1, 51R-32814,
Township of Oro-Medonte, County of Simcoe.