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2010-156 Trasfer Easements, Close and Sell - O'Connell LaneTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -156 To Transfer Easements for Utility Lines as Defined in the Ontario Energy Board Act, 1998, over Parts 1, 2 and 3, Plan 51 R -37485 (geographic Township of Oro), Township of Oro - Medonte, County of Simcoe, and To Permanently Close and Sell the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, 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 road allowance know as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798, (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, 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 18 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, Hydro One Networks Inc. and Rogers Cable, easements for utility lines as defined in the Ontario Energy Board Act, 1998, be established and reserved over Parts 1, 2 and 3, Plan 51 R- 37485, 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 the road allowance know as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798, (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, 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 or 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 the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, 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 8 th day of September, 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 Easements for Utility Lines as Defined in the Ontario Energy Board Act, 1998 — That the transfer to Bell Canada, Hydro One Networks Inc. and Rogers Cable of easements for utility lines as defined in the Ontario Energy Act, 1998, be established and reserved over Parts 1, 2 and 3, Plan 51 R- 37485, and any sale of these lands would be subject thereto. 2. Permanently Close — Council does hereby permanently close the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, 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 the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, 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 Viknanek, Brian Frank Burkhart, Sharon Maureen (PIN #58559 -0163 (LT)) Land to be Transferred Part 1, Plan 51 R -37485 Lee, Robin Patricia (PIN #58559 -0140 (LT) and PIN #58559 -0162 (LT)) Kelly, Sharon or her assignee (PIN #58559 -0141 (LT)) Part 2, Plan 51 R -37485 Part 3, Plan 51 R -37485 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 the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro - Medonte, County of Simcoe, as follows: Description of Land Part 1, Plan 51 R -37485 Part 2, Plan 51 R -37485 Part 3, Plan 51 R -37485 Land Sale Price $ 495.00 $ 250.00 $ 500.00 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, 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, SECOND AND THIRD TIME, AND PASSED THIS 8 T " DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE r, H.S. hes 11 Schedule "A" to By -law No. 2010 -156 for The Corporation of the Township of Oro - Medonte Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- !�� 37485, Township of Oro - Medonte, County of Simcoe. PLO 5m-3M � y„ SCNEglLE t6 PMtg 5 PLAN OF SURVEY . �P B.h"C : REJSTEPE] vut+ ]98 „` � PE Iw t•'!:. yt[i u}� 3Y By Jur ' Noe erJ+]:1gJ8 Pn': xJ +]]21 ]C 3 4'r * O T *l O _ (6604 -V F i0}M]N(v oY OR0/ TOWNSHtp OF ORO — MEDONTF COUNTY OF STMCOE wu < s - -P .. . �: , '; �' .� b 1, ,+ _ . _.....y.�.....•.. � _. Ott y � � -- I r u ac rnut'. a rtn n v.RU•o n nrn.e ��' ��� . ___. s�ReEtiD65 etR+trICATE � G.4. CTR(1NE:Ldu CErtrVCY+ur emn X Schedule "B" to By -law No. 2010 -156 for The Corporation of the Township of Oro - Medonte NOTICE OF PROPOSED Totvrsshipof SALE OF LAND BY -LAW Prorid Heritage, Exciting Future TAKE NOTICE that the Township of Oro - Medonte proposes to pass a By -law to permanently close and sell 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 8 day of September, 2010 at 6:00 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 2, 2010. DATED AT THE TOWNSHIP OF ORO- MEDONTE THIS 26 DAY OF AUGUST, 2010. 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: Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro - Medonte, County of Simcoe. W ROA E M LXKESHOFtE LU cn Q = a D m D � M m O z M Subject Lands , xli