2009-118 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. 2009-118
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 Easement in favour of Hydro One on Part 1, Plan 51 R-36889
(geographic Township of Oro), Township of Oro-Medonte, County of Simcoe,
and
to Permanently Close and Sell Part of the Road Allowance known as Poplar
Crescent Registered Plan 985 (Part of PIN #58560-0017 (LT)), (geographic
Township of Oro), Township of Oro-Medonte, described as Parts 1 and 2, Plan
51 R-36889, 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.O. 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.O. 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.O. 2001, c.25, as amended,
provides procedures for highway closing;
AND WHEREAS the part of the road allowance know as Poplar Crescent Registered
Plan 985 (Part of PIN #58560-0017 (LT)), (geographic Township of Oro), Township of
Oro-Medonte, described as Parts 1 and 2, Plan 51 R-36889, Township of Oro-Medonte,
County of Simcoe, is no longer required for municipal purposes;
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 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 an easement in favour of Hydro One on Part 1, Plan
51 R-36889;
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 Poplar Crescent Registered Plan 985 (Part of PIN #58560-
0017 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as
Parts 1 and 2, Plan 51 R-36889, 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 or 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 Poplar Crescent Registered Plan 985 (Part of PIN
#58560-0017 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Parts 1 and 2, Plan 51 R-36889, 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 9t" day of September,
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.O. 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.O. 1990, c. P. 13, as amended.
2. Establishment of Easement - That an easement in favour of Hydro One be
established and reserved over Part 1, Plan 51 R-36889.
3. Permanently Close - Council does hereby permanently close Part of the Road
Allowance known as Poplar Crescent Registered Plan 985 (Part of PIN #58560-
0017 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described
as Parts 1 and 2, Plan 51 R-36889, 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 Poplar Crescent Registered Plan 985 (Part of PIN
#58560-0017 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Parts 1 and 2, Plan 51 R-36889, Township of Oro-Medonte, County
of Simcoe, to the registered owners 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 Land to be Transferred
117 Poplar Crescent (PIN#58560-0049(Lt)) Parts 1 and 2, 51 R-36889
James Roth
Beverley Dunnett
Upon registration of the Transfer, the respective owners be required, at their
expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as
amended, to consolidate the parcels with their abutting property to one Property
Identifier Number.
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 Poplar Crescent Registered Plan 985 (Part of PIN
#58560-0017 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Parts 1 and 2, Plan 51 R-36889, Township of Oro-Medonte, County
of Simcoe, as follows:
Description of Land Sale Price
Parts 1 and 2, 51 R-36889 $ 5,500.00
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 9T" DAY OF SEPTEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 9T" DAY OF
SEPTEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
, H:S.
J. Doud ds Irwin
Schedule "A"
to By-law No. 2009-118 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 23, Plan 985 (Oro); (PIN #58560-0049(LT))
SUBJECT LANDS
Schedule "B"
to By-law No. 2009-118 for
The Corporation of the Township of Oro-Medonte
- Part of the Road Allowance known as Poplar Crescent Registered Plan 985 (Part of PIN
#58560-0017 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Parts 1 and 2, Plan 51 R-36889, Township of Oro-Medonte, County of
Simcoe.
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i
FLAN OF SURVEY
QV PART OF THE RChSf? VLrJAfA M';E (KNOWN AS ;:YPLxR CRESCfM)
REGISTERED PINT 965
TOWNSHIP OF ORO-MEDONTE
COIINTY OF SIMCOE 6t
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Schedule "C"
to By-law No. 2009-118 for
The Corporation of the Township of Oro-Medonte
NOTICE OF PROPOSED
ou'llsylip0f SALE OF LAND BY-LAW
Proud Heritage, Exciting Future
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 9th day of September, 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 September 8, 2009.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 28TH DAY OF AUGUST, 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 Poplar Crescent, Registered Plan
985 (Part of PIN #58560-0017 (LT)), (geographic Township of Oro), Township of Oro-
Medonte, described as Parts 1 and 2, Plan 51 R-36889, Township of Oro-Medonte, County
of Simcoe.
SUBJECT LANCES
a r5 Be Eo so au
tr~a~s