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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. t .,1 p3a 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 9C~aDr-_~-. .t r.NO £hH Ncrtes LEGEr.l c= c enFCx C.T. STRONGMAN SURSrFYING LTD. ; Y . DnLnrio L,cd ^:c •;qrs ,~s a N 's.-.. ORILLIA - UNTARTO . n:,,.. ,a, -4776 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