2010-010 Transfer of Easement - Part of Monk StreetTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2010-010
To Transfer an Easement for a Utility Line as Defined in the Ontario Energy Board
Act, 1998, over Part 5, Plan 51 R-36886 (geographic Township of Oro), Township
of Oro-Medonte, County of Simcoe,
and
To Permanently Close and Sell Part of the Road Allowance known as Part of
Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro),
Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886,
Township of Oro-Medonte, County of Simcoe.
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 Part of Monk Street, Plan 1,
(geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4,
5 and 6, Plan 51 R-36886, 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 transfer to Bell Canada an easement for a utility line as defined in the
Ontario Energy Board Act, 1998, be established and reserved over Part 5, Plan 51 R-
36886, and any sale of these lands would be subject thereto;
AND WHEREAS Council has previously caused notice to be given of its intention to
permanently close and sell the lands described in Schedule "A" 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 Part of Monk Street, Plan 1, (geographic Township of Oro),
Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886,
Township of Oro-Medonte, County of Simcoe, described in Schedule "A" 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 procedural 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 Part of Monk Street, Plan 1 (PIN #58553-0037
(LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1,
2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe, to be
published in newspapers of local circulation, a copy of which is attached as Schedule
"B" 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 13th day of January,
2010, 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:
Transfer of Easement for a Utility Line as Defined in the Ontario Energy Board
Act, 1998 - That a transfer to Bell Canada of an easement for a utility line as
defined in the Ontario Energy Act, 1998 be established and reserved over Part 5,
Plan 51 R-36886, and any sale of these lands would be subject thereto.
2. Permanently Close - Council does hereby permanently close Part of the Road
Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)),
(geographic Township of Oro), Township of Oro-Medonte, described as Parts 1,
2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe,
more particularly described in Schedule "A" attached hereto, and forming part of
this by-law.
3. Authorization of Sale - Council does hereby authorize the sale of Part of the
Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)),
(geographic Township of Oro), Township of Oro-Medonte, described as Parts 1,
2, 3, 4, 5 and 6, Plan 51 R-36886, 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
Terrace Hill Homes Inc.
(PIN #58553-0033 (LT))
Land to be Transferred
Parts 1, 4, 5 and 6 Plan 51 R-36886
Elliott, Marion Kathleen
Stauffert, Dean Rudolf
Stauffert, Kurt Heinrich
(PIN #58553-0104 (LT))
Poirier, Roy Albert
Poirier, Freda Bernice
360 Shanty Bay Road
(PIN #58553-0105 (LT))
Part 2, Plan 51 R-36886
Part 3, Plan 51 R-36886
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.
4. 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 Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)),
(geographic Township of Oro), Township of Oro-Medonte, described as Parts 1,
2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe,
as follows:
Description of Land Land Sale Price
Parts 1, 4, 5 and 6, Plan 51 R-36886 $ 5,000.00
Part 2, Plan 51 R-36886 $ 975.00
Part 3, Plan 51 R-36886 $ 2,025.00
In addition to the land sale price the respective registered owners are
responsible for the administrative costs incurred by the Township of Oro-
Medonte, associated with the transfers. Such administrative costs include cost
of survey, appraisal, advertising, legal fees and disbursements.
5. 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 13TH DAY OF JANUARY, 2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF MAY,
2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Fhes
C119ft, J. DbLgI$s Irwin
Schedule "A"
to By-law No. 2010-010 for
The Corporation of the Township of Oro-Medonte
Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037
(LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1,
2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe.
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D-1856
Schedule "B"
to By-law No. 2010-010 for
The Corporation of the Township of Oro-Medonte
Township of
Proud Heritage, Exciting Future
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 13th day of January, 2010 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
7, 2010.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 31ST DAY OF DECEMBER,
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 Unopened Road Allowance known as Monk Street, Plan
1 between Colborne Street and O'Brien Street (Part of PIN #58553-0037 (LT)),
(geographic Township of Oro), Township of Oro-Medonte, more particularly described
as Parts 1, 2, 3, 4, 5, and 6, Plan 51 R-36886, Township of Oro-Medonte, County of
Simcoe.
SUBJECT LANDS