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
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ownsh~p em enfeldt Land under water 062 ~
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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.
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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.