2011-159 Agreement with Couchiching ConservancyTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -159
A By -law to Authorize the Execution of an Agreement
Between The Corporation of the Township of Oro - Medonte and
The Couchiching Conservancy
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended,
states that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
has agreed to transfer the unopened road allowance described as Part Lot 2,
Range 2 (Oro), designated as Parts 3, 4 and 7 on Plan 51 R -37583 and Part 2 on
Plan 51 R- 37762, all in the Township of Oro - Medonte, County of Simcoe, to The
Couchiching Conservancy;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
did establish conditions with respect to the transfer of the said lands, as
documented in Motion No. CW080618 -39;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
does now deem; it expedient to enter into an Agreement, which stipulates the said
conditions, with The Couchiching Conservancy;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute the Agreement
between The Corporation of the Township of Oro - Medonte and The
Couchiching Conservancy attached hereto as Schedule "A" and forming part
of this By -Law.
2. That this by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12TH
DAY OF OCTOBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
ayor, H
J.'130641as Irwin
V
13
Oc 1� r
Made this V1 day of r, 2011
BETWEEN:
Schedule "A" to By -law No. 2011 -159
AGREEMENT
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
(hereinafter called "the Township ")
- and -
THE COUCHICHING CONSERVANCY
(hereinafter called "the Conservancy ")
WHEREAS the Township is the owner of an unopened road allowance described as Part Lot 2, Range
2 (Oro), designated as Parts 3, 4 and 7 on Plan 51 R -37583 and Part 2 on Plan 51 R- 37762, all in the
Township of Oro - Medonte, County of Simcoe (being part of P.I.N. 58555 -0018 (LT) (hereinafter called
"the Lands ");
AND WHEREAS by Motion of Council, the foregoing lands were declared surplus to the needs of the
Township;
AND WHEREAS the Township has agreed to convey these lands to the Conservancy for use as part of
its trail development plan for nominal consideration and subject to the terms and conditions as
hereinafter set out.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the sum of Two
Dollars ($2.00) and other good and valuable consideration, the Township agrees to convey to the
Conservancy the lands designated as Part Lot 2, Range 2 (Oro), designated as Parts 3, 4 and 7 on
Plan 51 R -37583 and Part 2 on Plan 51 R- 37762, all in the Township of Oro - Medonte, County of Simcoe
upon the following terms and conditions:
1. That the Conservancy not sell, transfer or encumber the subject Lands to any other party
without the Consent of the Township;
2. That the use of the Lands be restricted to that of a passive walking /cycling trail with no
motorized vehicles being permitted thereover;
3. That the Conservancy assume complete management responsibility for its trail development
and the maintenance thereof, to a standard acceptable to the Conservancy, at no cost or
expense to the Township;
4. That the conveyance to the Conservancy be subject to the Township's right of access thereover
in the nature of an easement to perform any necessary works for the maintenance and use of
the adjacent roadway;
5. That if all or any part of the Lands are required by the Township at a future date, the
Conservancy will, upon written request from the Township, re- convey the Lands to the
Township for nominal consideration and that any compensation or reimbursement for
documented management or maintenance costs during the Conservancy's ownership thereof
shall be at the sole discretion of Council;
6. That all costs associated in connection with the conveyance of the Lands to the Conservancy
shall be the responsibility of the Conservancy, but for the associated survey costs which shall
be shared proportionately, based on area, between the Township and the Conservancy.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement at the Township of Oro -
Medonte, County of Simcoe, this 1 a day of S -t-er, 2011 by their signing officers duly authorized
in that regard. 0 r
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
Per:
V ouglas I Cler ave the a ority to bind the Corporation
COUCHICHING CONSERVANCY
Per:
Jamie Po N, President
Mark Bisset, xecutive Director
We have the authority to bind the Corporation