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2008-087 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. 2008-087 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 Ac# R.S.O. 1990, c.P.13, as amended, and to authorize the sale of part of the Closed Road Allowance known as Park Drive, Plan 626 (PIN #74040-0257 {LT}}, (geographic Township of Oro}, Township of Oro- Medonte, more particularly described as Part 2, Plan 51 R-34831, Township of Oro- Medonte, County of Simcoe and to au#horize the Sale of Surplus Land known as Lot 345, Plan 626 {PIN #74040-0101 (LT}} and Part of t_ot 344, Plan 626 (PIN #74040-0102(t_T}}, more particularly described as Part 6, Plan 51 R-34831, (geographic Township of Ora}, Township of Ora-Medonte, County of Simcae. 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.O. f99(?, c.P.13, as amended. AND WHERAS the Council of The Corporation of the Township of Ora-Medonte has the authority pursuant to Section 50(4) of the Planning Act, R.S.O. f 990, 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 far the purposes of Section 50(3) of the said Planning Acf, R.S.O. 1990, c.P.13, as amended. AND WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.Q. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adapted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-law No. 2007-083 on the 18t"' day of July, 2007, being a By-law to establish a policylprocedure with respect to the sale and other disposition of land; AND WHEREAS the road allowance know as Park Drive, Plan 626, (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 1 and 2, Plan 51 R-34831, Township of Oro-Medonte, County of Simcae, was permanently closed by By-law No. 2006-086 on the 20th day of September, 2006, and registered as Instrument No. SC484058; AND WHEREAS Council has previously caused notice to be given of its intention to 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 known as Park Drive, Plan 626 (PIN #74040-0257(LT)), more particularly described as Part 2, Plan 51R-34831, Lot 345, Plan 626 (PIN #74040-010 LT)) and Part of Lot 344, Plan 626, (PIN #74040-0102 (LT}), mare particularly described as Part 6, Plan 51 R-34831, 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 sale of land from any party; AND WHEREAS pursuant to By-law 2007-083, the Clerk of the Township of Ora- Medonte did cause a Notice of the proposed by-law to sell part of the closed road allowance known as Park Drive, Plan 626 (PIN #74040-0257 {~T}), (geographic Township of Oro}, Township of Oro-Medonte, more particularly described as Part 2, Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe and to authorize the sale of surplus land known as Lot 345, Plan 626 (PIN #74040-0101 (LT)) and Part of Lot 344, Plan 626 (PIN #74040-0102(LT)), more particularly described as Part 6, Plan 51 R- 34831,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 Ora-Medonte far consideration at its meeting on the 16t" day of July, 2008, and at that time Council received no native of abjection to the proposed sale of land from any party; NOW THEREFORE the Council of the Township of Ora-Medonte hereby enacts as follows: 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.D. 199x, c. P. 13, as amended, is hereby deemed not to be a lot on a registered plan of subdivision far the purposes of Section 50(3} of the Planning Act, R.S.D. ~ 99Q, c. P.13, as amended. 2. Authorization of Sale -Council does hereby authorize the sale of part of the closed road allowance known as Park Drive, Plan 626 (PIN #74040-4257 (LT}), (geographic Township of Ora), Township of Ora-Medonte, mare particularly described as Part 2, Plan 51 R-34831, Township of Ora-Medonte, County of Simcoe and to authorize the sale of surplus farad known as Lat 345, Plan 626 (PIN #74040-0101 (LT)) and Part of Lot 344, Plan 626 (PIN #74040-0102(LT)), mare particularly described as Part 6, Plan 51 R-34831, Township of Oro- Medonte, County of Simcoe, to Habitat far Humanity Nuronia Inc. - OrilliaJLake Gauntry Chapter provided that title to the subject lands (Lot 345, Plan 626 and Parts 2 and 6, Plan 51 R-34831 }merge upon transfer. 3. Sale Price - In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated as Lot 345, Plan 626, Part of Lat 344, Plan 626, and Part of Park Drive, Plan 626, mare particularly described as Parts 2 and 6, Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, at a consideration of "nil". 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 16T" DAY OF JULY, 2008. BY-LAW READ A THIRD TIME AND F1NA~~Y PASSED THIS 16~" DAY OF JULY, Zoos. THE CORPORATa,ON OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H:S. Hug ~, ! , r. - - ~_ Cl~fk, J. Douglas Irwin Schedule "A" to By-law No. 2U08-087 for The Corporation of the Township of Oro-Medonte The following Lot and Registered Plan are situated in the Township of Oro-Medonte in the County of Simcoe: Lot 345, Plan 626 {PIN #74040-0101 {LT}} Part Lot 344, Plan 626, designated as Part 6, Plan 51 R-34831 {PIN #74040-0102{LT}} ~' __ _ , . __ _ _ ~u ~~ ~ __ ~ c~ ,-., z c.3 ~. ~~~ '~~ ~_ --- ~„ MYRTLE ~~ ~~~~~ m a 4~ g i s 27 a~ nn~te~~ Schedule "B" to By-law No. 2008-087 for The Corporation of the Township of Ora-Medonte Part of the Road ANawance known as Park Drive, Plan 626 (PIN #74040-0257(LT}}, (geographic Township of Qro}, Township of C}ra-Medonte, more particularly described as Part 2, Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe; And Lot 345, Plan 626 (PIN #74040-010 1_T}} and Part of Lot 344, Plan 626, (PIN #74040- 0102 (LT}}, Township of C}ro-Medonte, mare particularly described as Part 6, Plan 51 R- 34831,Township of Qra-Medonte, County of Simcoe. ~ ' ~~.~ ~ '~ ~ 1 ,~ . w• F e R Y 4 _ ~ __ 1 iti ' ~ ~-~.. fT, .. 4,._.,,. _ ! .. _ r,xr ~~'r,:1'ti ;)t t k~f ~i of ('AN.'f . ' .. ~y . ~ e eaHr , - ,. ;_.~. ~ ~ FARC n W .., _ '. ., ~ ~ \P~~~, ~.<.,-.~ . \~j ' . _.. ,, ! j Schedule "C" to By-law No. 2008-087 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 sell a portion of a closed road allowance, as well as to sell lands, in the Township of Oro- Medonte, County of Simcoe, mare particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of the Township of Ora-Medonte at its regular meeting to be held at the Council Chambers an the 16#h day of July, 2008 at 9:00 a.m. and at that time Council will hear in person or by hislher counsel, solicitor or agent, any person who claims that hisfher 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 12:40 noon on July 10, 2008. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 4~" DAY OF JULY, 2008. J. Douglas Irwin, Clerk, Township of Ora-Medonte 148 Line 7 South, Box 100, Ora, ON LOL 2X0 Fax: {705} 487-0133 SCHEDULE "A" Sale of Land: Part of the Raad Allowance known as Park Drive, Plan 626 (PIN #74040-0257{LT}), (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part 2, Plan 51 R-34831, (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, closed by By-law Na. 2006-086; and Lot 345, Plan 626 (PIN #74040-010 LT}} and Part of Lot 344, Plan 626, (PIN #74040- 0102 (LT}), (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part 6, Plan 51 R-34831, (geographic Township of Oro), Township of Oro- Medante, County of Simcoe. LRO # 51 Transfer The applicant(s) hereby applies to the Land Registrar. Receipted as SC682351 on 2008 09 16 at 14:33 yyyy mm dd Page 1 of 3 Properties P/N 74040 - 0273 LT /nterest/Estate Fee Simple Description PT OF PARK DR PL 626 BEING PT 2 PL 51 R34831 STOPPED UP & CLOSED BY BY-LAW NO. 2006-086 AS IN SC484058; ORO-MEDONTE Address ORO-MEDONTE P!N 74040 - 0275 LT /nterestlEstate Fee Simple Description PT LT 344 PL 626 BEING PT 6 PL 51R34831; ORO-MEDONTE Address ORO-MEDONTE PIN 74040 - 0101 LT /nterest/Estate Fee Simple Description LT 345 PL 626 ORO; ORO-MEDONTE Address ORO-MEDONTE Consideration Consideration $ 2.00 Transferor(s) I The transferor(s) hereby transfers the land to the transferee{s}. Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South, PO Box 100 ORO ON LOL 2X0 I, H. S. Hughes, Mayor and J. Douglas Irwin, Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share 1 Name HABITAT FOR HUMANITY - HURONIA INC. Registered Owner Address for Service 128 Brock Street, Unit 2, Barrie, ON L4N 2M2 Statements Schedule: See Schedules I am the solicitor for the transferor(s) and 1 am not one and the same as the solicitor for the transferee{s}. I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). Signed By Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed 2008 09 16 Stn. Main Transferor(s) Barrie L4M 4T5 Tel 705-726-0238 Fax 7057269197 Tracy Susan Arkell 190 Cundles Rd. East, Suite 107, acting for Signed 2008 09 16 Box 987 Transferee(s) Barrie L4M 5E1 Tel 705-737-1811 Fax 7057375390 LRO # 51 Transfer Receipted as SG682351 on 2008 09 16 at 14:33 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 3 Submitted By GRAHAM, WILSON & GREEN 190 Cundles Rd. East, Suite 107, 2008 09 16 Box 987 Barrie L4M 5E1 Tel 705-737-1811 Fax 7057375390 FeeslTaxeslFayment Stafufory Registration Fee $60.00 Provincial Land Transfer Tax $OAO Total Paid $60.00 ' File Number Transferor Client File Number : J4-17,510 Transferee Client File Number: R16760 LAi~D T~~NSFER TAX STATEMENTS In the matter of the conveyance of: 74040 - 0273 PT OF PARK DR PL 626 BEING PT 2 PL 51 R34831 STOPPED UP & CLOSED BY BY-LAW NO. 2006-086 AS IN SC484058; ORO-MEDONTE 74040 - 0275 PT LT 344 PL 626 BEING PT 6 PL 51 R34831; ORO-MEDONTE 74040 - 0101 LT 345 PL 626 ORO; ORO-MEDONTE BY: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TO: HABITAT FOR HUMANITY - HURONIA INC. Registered Owner %(all PINs) 1. PAUL CORMIER, CHAIRMAN OF THE BOARD AND AARON RUMLEY, DIRECTOR 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 HABITAT FOR HUMANITY - HURONIA INC. described in paragraphs} (c} above. ^ (e} The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act far described in paragraphs} (~ above. ^ (f} A transferee described in paragraph ()and am making these statements on my own behalf 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 for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 2 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 lands} 0.00 (e} Liens, legacies, annuities and maintenance charges to which transfer is subject O.pO {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)} 2.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property 0.00 (i) Other considerations far transaction not included in (g} or (h} above 0.00 (j) Total consideration 2 00 4. Explanation for nominal considerations: s) other: Donation 5. The land is not subject to an encumbrance PROPERTY Information Record ' A. Nature of Instrument: Transfer LRO 51 Registration No B. Property(s): PIN 74040 - 0273 Address PIN 74040 - 0275 Address PIN 74040 - 0101 Address SC682351 ORO-MEDONTE ORO-MEDONTE Date: 2008!09116 Assessment - Ral! No Assessment - Roll No Assessment 4346010 - 01025800 ORO-MEDONTE Roll Na C. Address for Service: 128 Brock Street, Unit 2, Barrie, ON L4N 2M2 D. (i) Last Conveyances}: PIN 74040 - 0273 Registration No. null PIN 74040 - 0275 Registration No. OR013934 PIN 74040 - 0101 Registration No. null {ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ~ Na ^ Not known E. Tax Statements Prepared By: Tracy Susan Arkell 190 Gundles Rd. East, Suite 107, Box 987 Barrie L4M 5E1 t48 Line 7 S.. Box 100 Ciro, Ontario LOL 2X0 Phone t 705) 487-Z t 71 Fax (705) 487-01 ~3 www.ora-medonte.ca CERTIFICATE OF COMPLIANCE Certificate of Compliance with the Municipal Statute Law Amendment Act, 2006, in the sale or disposition of real property described as: THE CO[ZI'O[tATlO[~t OF THE TOWNeSfiIP Part of the road allowance known as Park Drive, Plan 626 (PIN #74040-0273 (LT)), more particularly described as Part 2, Plan 51 R-34831, Lot 345, Plan 626 (PIN #74040-0101 (LT)) and Part of Lot 344, Plan 626, (PIN #74040-0275 (LT)), more particularly described as Part 6, Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe 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. J. D uglas I ~ Jerk The Corporatio of the Township of Oro-Medonte ~~~~~Q O C f 0 2 2008 ORO-~EDONTE August 28, 2008 Date 4 - a t.,,.... LRO # 51 Application To Register Bylaw The applicant{s) hereby applies to the Land Registrar. Receipted as SC682350 on 2008 09 16 at 14:33 yyyy mm dd Page 1 of 1 Properties ' PIN 74040- 0273 LT Description PT OF PARK DR PL 626 BEING PT 2 PL 51 R34831 STOPPED UP & CLOSED BY BY-LAW NO. 2006-086 AS IN SC484058; ORO-MEDONTE Address ORO-MEDONTE P(N 74040 - 0275 LT Description PT LT 344 PL 626 BEING PT 6 PL 51R34831; ORO-MEDONTE Address ORO-MEDONTE PIN 74040 - 0101 LT Description LT 345 PL 626 ORO; ORO-MEDONTE Address ORO-MEDONTE Applicant(s) This Order/By-law affects the seiected PINs. Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South, PO Box 100 ORO ON LOL 2X0 This document is being authorized by a municipal corporation H. S. HUGHES, Mayor and J. DOUGLAS IRWIN, Clerk. This document is net authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No. 2008-087 dated 2008107116. Schedule: See Schedules Signed By 1 Klaus Nick Jacoby 34 Clapperton St., P.Q. Box 350, acting for Signed 2008 09 101 Stn. Main Applicant{s} Barrie L4M 4T5 Tel 705-726-0238 Fax 7057269197 'Submitted By KLAUS N. JACOBY LAW OFFICE 34 Clapperton St., P.O. Box 350, 2008 09 29 Stn. Main Barrie L4M 4T5 Tel 705-726-0238 Fax 7057269197 Fees/TaxeslPayment Sfafutory Registration Fee Total Paid $60.00 $60.00 File Number Applicant Glient File Number : J4-17,510 I, KLAUS N. JACOBY, state that 1 am the solicitor for the. Applicant, The Corporation of the Township of Oro-.Medonte, and as such have knowledge of the matters hereinafter Set OUt: 1. That attached hereto is certified copy of By-Law N0. 2008-90€37. 2. Since registration of Reference Plan 51 R-34831, same Property Identifier Numbers have been reassigned new numbers, and in particular, PIN 74040-0257 LT is now PI.N 74040-0273 LT and PIN 74040-0102 LT is now PIN 74040-0275 LT Wherever the former Property Identifier Numbers appear throughout the By- Law, same should be read referring to the newly assigned Property Identifier Number. 3. The 8th recital appearing on Page 1 and Schedule "B" of the By-Law contains a typographical error in that it refers to PIN No. 74040-010 LT whereas same should refer to PIN No. 74040-0 1 0 1 LT. '~ ~ ~~ ~, M~,