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2008-077 Road Improvement Agreement Between The Corporation of the Township of Oro-Medonte and Gargano Development Corp.THE CQRPQRATIflN QF THE TQWNSHIP OF ORO-MED4NTE BY-LAW NO. 20fl8-q77 A By-law to authorize the Sale of Surplus Land known as Part of Road Allowance between the geographic Townships of C?ro and Vespra, now Township of Oro- Medonte and Part of Lots 4, 5 and 6, Concession 1 E.P.R. (Oro}, designated as Parts 2, 4 and 5, 51 R-3451 fi, Township of Oro-Medonte, County of Simcoe And to Enter into a Permanent Maintenance Agreement between the Township of Qro-Medonte and the City of Barrie WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell ar otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Gouncil passed By-law No. 2007-083, as amended, on the 18~" day of July, 2007, being a By-law to establish a policylpracedure with respect to the sale and other disposition of land; AND WHEREAS Gouncil has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands known as Part of Road Allowance between the geographic Townships of Oro and Vespra, now Township ofi Oro-Medonte and Part of Lots 4, 5 and 6, Goncession 1 E.P.R. (Qro), designated as Parts 2, 4 and 5, 51 R-34516, Township of Oro-Medonte, Gounty of Simcoe, described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS the proposed by-law came before Gouncil of The Corporation of The Township of Qro-Medonte for consideration at its regular meeting on the 11 t'' day of June, 2008, and at that time Council received no notice of objection to the proposed sale of land from any party; AND WHEREAS Section 29.1(1) the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities wing jurisdiction aver a boundary line highway enter into an agreement; NQW THEREFfJRE the Gouncil of the Township of Oro-Medonte hereby enacts as follows: Authorization of Sale -Council does hereby authorize the sale of (and known as Part of Road Allowance between the geographic Townships of Ora and Vespra, now Township of Oro-Medonte and Part of Lots 4, 5 and 6, Concession 1 E.P.R. (Oro}, designated as Parts 2, 4 and 5, 51 R-34516, Township of Qro-Medonte, County of Simcoe, to the Corporation of the City of Barrie as a public highway; 2. Sale Price - In accordance with By-law 2007-083, as amended, Gouncil hereby sets the sale price for the lands known as Part of Raad Allowance between the geographic Townships of Oro and Vespra, now Township of Ora-Medonte and Part of Lots 4, 5 and 6, Goncession 1 E.P.R. (Ora}, designated as Parts 2, 4 and 5, 51 R-34516, Township of Oro-Medonte, Gounty of Simcoe, at a consideration of nil. 3. Permanent Maintenance Agreement -Council does hereby authorize the Mayor and Clerk to execute a Permanent Maintenance Agreement with the Corporation of the City of Barrie pursuant to Section 29.1 of the Municipal Act, 2001, wherein the Corporation of the Gity of Barrie agrees to assume jurisdiction and full responsibility over the lands designated as Parts 2, 4 and 5 on 51 R-34516, and in so doing, keep the Corporation of the Township of Qra-Medonte fully indemnified. A copy of the Agreement is attached hereto as Schedule "B" and shah form part of this By-Law. 4. 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 11~" DAY OF JUNE, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11T" DAY OF JUNE, 2008. THE CORPORATION OF T~-IE TOWNSHIP OF ORO-MEDONTE ~~ . ~~~ Deputy Mayor, R. Ho 4 Clerk, J. Douglas Irwin Schedule "A°' to By-law No. 2448-477 for The Corporation of the Township of Oro-Medonte Part of Road Allowance between the geographic Townships of Oro and Vespra, now Township of Oro-Medonte and Part of Lots 4, 5 and 6, Concession 1 E.P.R. (Oros, designated as Parts 2, 4 and 5, 51 R-34516, Township of Oro-Medonte, Gounty of Simcoe. Schedule ''B" to By-Law No. 2008-077 BOUNDARY LINE HIGHWAY MAINTENANCE AGREEMENT Dated as ofthe t t th day of June. 2008 BETWEEN: THE CORPORATION OF THE TOWNSHIP QF ORO-MEDONTE ("Cl-M„) and THE CORPORATION OF THE CITY OF BARRIE ("Barrie") (O-M and Barrie collectively called the "Parties") WHEREAS: A. The Corporation of the County of Sirncoe divested itself of jurisdiction over parts 1, 2, 3, 4 and 5 Plan S 1 R-34515 of the highway known as Penetanguishene Road as further described in Schedule A {"Part of Penetanguishene Road"} by By-law 5358 {a by-law far the removal of a road from the upper-tier municipality's highway system}. B. This Part of Penetanguishene Road forms a boundary line between O-M and Barrie. C. Section 52 of the MunicipaC Act, 2001, S.4. 2001, c. 25 {the "Municipal Act"} provides that if a highway that forms the boundary line between anupper-tier municipality and an adjoining municipality is removed from the upper tier highway system, section 29 applies in respect of that highway. D. Sections 29 of the Municipal Act provides that municipalities on either side of a boundary lint between municipalities have joint jurisdiction over any highways forming the boundary line. E. Section 29.1 of the Municipal Act provides, inter olio, that municipalities having joint jurisdiction over a boundary line highway may enter into an agreement by which each municipality agrees to keep any part of the highway in repair far its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part and each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair. F. Section 30 of the Municipal Act provides that a highway is owned by the Municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person. G. The parties intend this Agreement to be a maintenance agreement under section 29.1 of the Municipal Act. This Part of Penetanguishene Road is a boundary line highway over which the Parties intend Barrie to take responsibility far and have jurisdiction and ownership aver in accordance with the Municipal Act. H. Ontario Regulation 239102 made pursuant to the Municipal Act has set Minimum Maintenance Standards far Municipal Highways to which this Part of Penetanguishene Road is to be maintained. N©W THERFFGRE in consideration of the covenants herein contained, and other good and valuable consideration, the Parties hereto covenant and agree as follows: 1. Incorporation of Recitals. The Parties hereto acknawledge and declare that the foregoing recitals are true and incorporate them as terms of this Agreement. 2. Boundary Highway. O-M and Barrie acknowledge and agree that this Part of Penetanguishene Road is accepted and deemed to be a boundary line highway for the purposes of Section 29 of the Municipal Act. 3. Maintenance Responsibility and Standards. Barrie shall perform maintenance on this Part of Penetanguishene Road in accordance with the minimum maintenance standards established by Ontario Regulation 239/02, as amended pursuant to section 44 of the Municipal Act. "Maintenance" means all routine patrolling and usual highway maintenance including inspection, repair and replacement related to signs, vegetation control, road and roadside drainage, entrances and entrance culverts, dust cantrol, road surfacing, road stability, dust cantrol and grading, snow ploughing, application of sand and/or salt mixture, snow removal and includes ail capital improvements including but not limited to reconstruction, surfacing, and bridge and culvert replacement. 4. Liability. Barrie shall be liable for any damages that arise from failure to keep this Part of Penetanguishene Road in repair and O-M shall be relieved from all liability in respect of the repair of this Part of Penetanguishene Road as provided in Subsection 29.1(2) of the Municipal Act. 5. Indemnity. Barrie hereby indemnifies and saves harmless O-M from and against all liability, losses, damages or casts whatsoever which may arise either directly or indirectly by reason of any act, neglect or refusal of Barrie, its servants, employees, contractors and agents done in performance ar partial performance or the failure to perform and carry out any obligation imposed or assumed pursuant to this Agreement. 6. Insurance, Barrie confirms that it shall maintain a suitable policy of general municipal liability insurance sufficient to cover liabilities that may arise in connection with the maintenance and repair obligations imposed and assumed pursuant to this Agreement all in accordance with good municipal practice. 7. Jurisdiction. `I'he Parties acknowledge and agree that, upon execution of this Agreement, Barrie shall have jurisdiction and ownership over this Part of Penetanguishene Raad in accordance with section 3C) of the Municipal Act. 8. Other Documents. Each of the Parties agrees to sign such further and other documents, da and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part hereof. 9. Unenforceability. If any of the provisions of this Agreement are found by a Court of competent jurisdiction to be unenforceable it shall not affect the enforceability of each and every other clause captained herein. 10. Law. This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the Province of Ontario and shall be treated in all respects as an C}ntario contract. 11. Counterparts. This Agreement may be signed in counterparts, each of which when signed and delivered will be deemed to be an original, but all such counterparts will together constitute one and the same instrument. IN WITNESS WHEREOF the Parties by their signing officers duly authorized in that regard have hereunto affixed their hands and seals of the said corporations. THE CORPORATION OFT CITY OF BARRIE i r ~ ,~ MA - D VI A EN I t jCTTY CLERK -DAWN MCALPINE 4 ~,- THE CORPO>]~ATION OF,,,THE TOWNSHIP OF ORO-MEDONTE MAYbRX H. S ~`HUCHE~ Authorization by By-Law No. 2008-077 pc:u ,~sd uy The Council of The Corporation of the To.,rnship ~` of Oro-Medonte on June 1 1 , 2005. ~'` _. CLE - 04d`C'~.AS IRWIN £„~s SCHEDULE A Description of Boundary Line Highway Part of Penetangnishene Road transferred by the Corporation of the County of Sirncoe to O-M Part Lot. 6 Conr~~~.~ion 1 EPR Oro and Part ofthe Road Al]owance between the Township of Vespra and Tawn~hip of Oro being Part 2, Plan 51834516; Oro Medonte Part Lot 4 and Part Lot 5 Concession 1 EPR Oro; and Part of the Road A]lowance between the Township of Vespra and Township of Oro, being Parts 4 and 5 Plan 51834516, subject to 801084763; Oro-Medonte Part of Penetanguishene Raad transferred by the Corporation of the County of Simcoe to Barrie Part Lat 4 Concession 1 WPR Vespra and part of the Road A]]owance between Township of Vespra and Township of Ora being Part 3 Plan 51834516; City of Barrie Part Lot 6 Concession 1 WPR Vespra and Part of the Road Allowance between the Township of Vespra and the Township of Oro being Part 1, Plan 5 1 8-345 1 6; City of Barrie LRO # 51 Transfer Reeeipbed as SC85$026 on 2008 46 26 at 11:13 The appticant(s} hersrby applies to the Land Regtsfrar. yyyy mm dd Page 1 of 3 Properties F'1N 58553 - 0113 LT tnterestfEstata Fee Simple ®Redescription pescription PT RDAL BTN TWP OF VESPRA & TWP OF ORO, PT LT 4 CON 1 EPR ORO; PT LT 5 CON 1 EPR ORO, BEING PARTS 4 AND 5, PLAN 518-34516, SIT EASEMENT OVER PART 5, PLAN 51 R-34516 AS IN INSTRUMENT NOS. OR018884 AND 801084763; ORO-MEDONTE Address ORO-MEDONTE P1N 58552 - 0341 LT lnterestlEsfate Fee Simple 0 Redescription t3escript~on PT RDAL BTN TWP OF VESPRA & TWP OF ORO; PT LT 8 CON 1 EPR ORO, BEING PART 2, PLAN 51 R-34518; ORO-MEDONTE Address flR0-MEDONTE Consideration Consideration $ 0.44 .Transferor{s) The transferor{s) hereby transfers the land to the transferee{s). Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service PO Box 140, 148 Line 7 South 08O ON LOL 2X4 This document is not authorzed under Power of Attorney by this party. This documeni is being authorized by a municipal corporation H. S. HUGHES, Mayor and J. DOUGLAS IRWiN, Clerk. ~ Transferee's} Capat;it~y Share ~ Name THE CORPORATION OF THE CITY OF BARRIE Registered Owner Address fflr Service PO Box 440, 74 Collier Street BARRIE ON L4M 4T5 Statements Schedule: See Schedules I am the solicitor for the trans#eror{s) and 1 am not one and the same as the solicitor for the iransferee(s}. I am the solicitor for the transferee{s) and ! am not one and the same as the solicitor far the transfaror(s}. ~ Signed By ' KI~:Us :Vick Jacoby 34 Clapperton St., P.O. Box 354, acting for Signed 2048 46 26 Stn. Main Transferorts) Barrie L4M 4T5 Tei 745-726-4238 Fax 7457269197 Sarah Elizabeth Walpole Tel 745-726-6511 Fax 7057214425 94 Mulcaster St. P.O Box 75$ Barrie L4M 4Y5 acting for Transferee{s) Signed 2008 46 28 Submitted :By BURGAR ROWE PROFESSIONAL CORPORATION 94 Mulcaster St. P.O Box 758 2448 46 26 Barrie L4M 4Y5 Tel 745-726-6511 Fax 7457214425 LRt7 # 51 Transfer The applicant(s) herby applies to the Land Registrar. Fees/7"~xes/P"ayment Statutory Registration fee $60.00 Land Transfer Tax $0.00 Total Paid $8p.Q0 File Number Recetptad as SC&58026 on 2008 08 28 at 11:13 YYYY mm dd Page 2 of 3 3'ransl'eror Client File Number: J4-16,867 ~, LAND TRANSFER TAX STATEMENTS in the matter of the conveyance of: 58553 - 0113 PT RDAL 8TN TWP OF VESPRA & TWP OF ORO, PT LT 4 CON i EPR ORO; PT LT 5 CON 1 EPR ORO, BEING PARTS 4 AND 5, PLAN 51 R-34516, S(T EASEMENT OVER PART 5, PLAN 51R-34516 AS IN INSTRUMENT NOS. OR016884 AND 801084763; ORO-MEDONTE 58552 - 0301 PT RDAL BTN TWP OF VESPRA &TWP OF ORO; PT LT 6 CON 1 EPR ORO, BEING PART 2, PLAN 51 R-34516; ORO-MEDONTE BY: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TO: THE CORPORATION OF THE CITY OF BARR(E Registered Owner %(a11 PINS) 1. 2ARAH WALPOLE lam ~__ ~ {a} A person in trust for wham the land conveyed in the above-described conveyance is being oonveyed; {b} A trustee named in the above-described conveyance to whom the land 1s being conveyed; {c} A transferee named in the above-described conveyance; i._. _.~ ~/~'' {d} The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE CITY OF BARRIE 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. _~ (€) A transferee described in paragraph (}and am making these statements an my own behatf and an 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 #or this transaction is allocated as follows: {aj Monies paid or to be paid in cash 0.00 {b) Mortgages {i} assumed {show principal and interest to be credited against purchase price} 0.00 {ii) Given Back to Vendor p p0 (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 (and transfer tax (detail below) 0,04 {g} Value of land, building, fixtures and goodwill subjecf to land transfer tax (total of {a) to (f)) 0,00 {h) VALUE OF ALL CHATTELS -items of tangible personal property 0.00 {i} Other considerations for transaction not included in (g) or (h) above 0,04 {j} Total consideration 0.00 ~. Explanation for nominal considerations: s) other: Transfer of road allowance between Municipal Gorporations for no consideration. 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of instrument: Transfer LRO 51 Registration No. SC658026 Da#e: 2008/06/26 B. Property{s): PEN 58553 - 0113 Address Assessment - ORO-MEDONTE Roil No PIN 58552 - 0301 Address Assessment - ORO-MEDONTE Roil No C. Addross for Service: PO Box 400, 70 Collier Street BARRIE ON L4M 4T5 D, {i) Last Conveyance{s): PIN 58553 - 0113 Registration No. SC655695 PIN 58552 - 0301 Registration No. SC655701 (ii} Legal Description for Property Conveyed : Same as in fast conveyance? Yes [~ No © Not known [~ E. Tax S#atements Prepared By: Zarah Elizabeth Walpole 90 Mulcaster St. P,O Box 758 Barre L4M 4Y5 ~~ ~''p~ ~p~ THE COR['ORATION OF THE Y ~ ~ - o~ -~- a .?+ ~?~ ;z:, ~f CERTIFICATE OF COMPLIANCE 148 Line 7 S., box 100 Oro, Ontario LOL 2X0 ('hone (705) 487-217] Fax 1705)487-0133 www.oro-medonte.ca Certificate of Compliance with the Municipal Statute Law Amendment Act, 2006, in the sate or disposition of real property described as: Part of Road Allowance between the geographic Townships of Oro and Vespra, now Township of Oro-Medonte and Part of Lots 4, 5 and 6, Concession 1 E.P.R. (Oro), designated as Parts 2, 4 and 5, 51 R-34516, Township of Oro-Medonte, County of Sirncoe. I, J. Douglas Irwin, Clerk of The Corporation of the Township of Oro-Medonte,. in the County of Simcoe, hereby verify that to the best of my knowledge and belief; 1. The requirements of the Municipal Statute Law Amendment Act, 2006, or its predecessor, and Township of Oro-Medonte By-law No. 2007-083, as amended, which applies to the sale of land, have been complied with. ;~ , /,~ ~. ,- `y ,---~ ~. r~' ~ J, D glas I -n, k Date ' Th Corporation the Township of Oro-Medonte 8 LRO # 51 Native Under S.T1 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. Recelpted as SC85T9T3 on 2448 06 26 at 079:55 yyyy mm dd Page 1 of 6 ' Properties PIN 58553 - fl113 LT ~ Redescription Description PT RDAL BTN TWP OF VESPRA &TWP OF ORO, PT LT 4 CON 1 EPR ORO; PT LT 5 CON 1 EPR ORO, BEING PARTS 4 AND 5, PLAN 51 R-34516, SIT EASEMENT OVER PART 5, PLAN 51 R-34518 A5 IN INSTRUMENT NOS. 08016884 AND 801484763; ORO-MEDONTE Address ORO-MEDONTE P!N 58552 - 4341 LT ©Redescription Description PT RDAL BTN TWP OF VESPRA &TWP OF ORO; PT LT 6 CON 1 EPR ORO, BEING PART 2, PLAN 518-34516; ORO-MEDONTE Address ORO-MEDONTE Consideration Consideration $ 4.44 ' Applicant{s} The notice is based on ar affec#s a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE CITY OF BARRIE Address far Service 74 Collier St., P.O. Bax 444 Barrie, ON, L4M 4T5 i, David Aspen, ,Mayor and Dawn McAlpine, Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Gapacity Share Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address far Service 148 Line 7 S Bax 144, Oro, Ontario t4L 2X4 This document is being authorized by a municipal corporation H.S. Hughes, Mayor and J. Douglas Irwin, Clerk. This document is not authorized under Power of Attorney by this party. Statements This notice is for an indeterminate period Schedule; See Schedules S1g77ed $,}~ Zarah Elizabeth Walpole 94 Mulcaster St. P.O Box 758 acting for Signed 2448 46 26 Barrie Applicant{s} LQM 4Y5 Tel 745-726-6511 Fax 7457214425 (SUbmrtted By BURGAR ROWE PROFESSIONAL CflRPORATiON 94 Muicaster St. P.0 Bax 758 2048 06 26 Barrie L4M 4Y5 Tel 745-726-6511 Fax 7457214425 ~RD # 51 Notice Under S.71 C7f The Land Titles Act The applicant{sJ hereby applies to the hand fZegistrar. Fees!'TaxeslPaymenf Statutory Registrafion r=ee $60.00 Total Paid $80,00 Fite Number Reeeipted as SC857973 on 2008 06 26 at 09:55 yyyy mm dd Page 2 of 6 Applicant Client File /Number : 037X14