2012-131 Permanently Close and Sell, PIN 58540-01381
A By -Law to Permanently Close and Sell part of original road allowance between
Lots 15 and 16, Concession 10 (Oro); lying east of the limit between the east half
and west half of Lots 15 and 16, Concession 10, and west of the forced road
through Lot 16, Concession 10, Oro - Medonte (PIN 58540- 0138(LT)); more
particularly described as Parts 5 and 6, Plan 51R- 38381, Township of Oro -
Medonte, County of Simcoe.
WHEREAS pursuant to Section 11 (3) 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 lands described as part of original road allowance between Lots
15 and 16, Concession 10 (Oro); lying east of the limit between the east half and west
half of Lots 15 and 16, Concession 10, and west of the forced road through Lot 16,
Concession 10, Oro - Medonte (PIN 58540- 0138(LT)); more particularly described as
Parts 5 and 6, Plan 51 R- 38381, Township of Oro - Medonte, County of Simcoe, are 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 enacted By -Law No. 2012 -112 on the 6 th day of June, 2012,
Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of
Land;
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 2012-
112;
AND WHEREAS Council has determined that the said lands are not required for
municipal purposes, and has, by resolution per Motion CW080716 -48, declared the
lands described as part of original road allowance between Lots 15 and 16, Concession
10 (Oro); lying east of the limit between the east half and west half of Lots 15 and 16,
Concession 10, and west of the forced road through Lot 16, Concession 10, Oro -
Medonte (PIN 58540- 0138(LT)); more particularly described as Parts 5 and 6, Plan
51 R- 38381, Township of Oro - Medonte, County of Simcoe, as 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 2012 -112, the Clerk of the Township of
Oro - Medonte did cause a Notice of the proposed by -law to permanently close and sell
part of original road allowance between Lots 15 and 16, Concession 10 (Oro); lying east
of the limit between the east half and west half of Lots 15 and 16, Concession 10, and
west of the forced road through Lot 16, Concession 10, Oro - Medonte; more particularly
described as Parts 5 and 6, Plan 51 R- 38381, 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 11 day of July, 2012,
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. Permanently Close — Council does hereby permanently close part of original road
allowance between Lots 15 and 16, Concession 10 (Oro); lying east of the limit
between the east half and west half of Lots 15 and 16, Concession 10, and west
of the forced road through Lot 16, Concession 10, Oro - Medonte (PIN 58540 -
0138(LT)); more particularly described as Parts 5 and 6, Plan 51 R- 38381,
Township of Oro - Medonte, County of Simcoe, more particularly described in
Schedule "A" attached hereto, and forming part of this by -law.
2. Authorization of Sale — Council does hereby authorize the sale of described as
part of original road allowance between Lots 15 and 16, Concession 10 (Oro);
lying east of the limit between the east half and west half of Lots 15 and 16,
Concession 10, and west of the forced road through Lot 16, Concession 10, Oro -
Medonte (PIN 58540- 0138(LT)); more particularly described as Parts 5 and 6,
Plan 51 R- 38381, Township of Oro - Medonte, County of Simcoe, to the registered
owner 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; within the meaning of The Planning Act, R.S.O. 1990, as amended:
Owners
Paul & Marilyn Birnie
Pt E Y2Lt 16 Con. 10, Oro
As in RO 211279 Lying N of forced Rd. (PIN 58540- 0137(LT))
Township of Oro - Medonte, County of Simcoe
Upon registration of the Transfer, the respective owner is required, at their
expense, to register an Application under The Land Titles Act, R.S.O. 1990, as
amended, to consolidate title to the lands acquired with their parcel as one
Property "Identifier Number.
3. Sale Price and Consideration — In accordance with By -law 2012 -112, Council
hereby sets the sale price for land designated as described as part of original
road allowance between Lots 15 and 16, Concession 10 (Oro); lying east of the
limit between the east half and west half of Lots 15 and 16, Concession 10, and
west of the forced road through Lot 16, Concession 10, Oro - Medonte (PIN
58540- 0138(LT)); more particularly described as Parts 5 and 6, Plan 51 R- 38381,
Township of Oro - Medonte, County of Simcoe, at $21,500.00.
In addition to the land sale price the respective registered owner is responsible
for the administrative costs incurred by the Township of Oro - Medonte, associated
with the transfer. Such administrative costs include cost of advertising, legal fees
and disbursements.
4. 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 11
DAY OF JULY, 2012.
THE CORPOJRATION OF THE TOWNSHIP OF ORO- MEDONTE
hes
Cle )k, J. f)gd'glhs Irwin
Schedule "A"
to By -law No. 2012 -131 for
The Corporation of the Township of Oro - Medonte
Part of original road allowance between Lots 15 and 16, Concession 10 (Oro); lying east
of the limit between the east half and west half of Lots 15 and 16, Concession 10, and
west of the forced road through Lot 16, Concession 10, Oro - Medonte (PIN 58540 -
0138(LT)); more particularly described as Parts 5 and 6, Plan 51 R- 38381, Township of
Oro- Medonte, County of Simcoe.
Schedule "B"
to By -law No. 2012 -131 for
The Corporation of the Township of Oro - Medonte
3,
a T
Proud Heritage, Escithug 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 part of a road allowance and sell surplus land 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 11 day of July, 2012 at 10:00 a.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 July 5, 2012.
DATED AT THE TOWNSHIP OF ORO- MEDONTE THIS 28 DAY OF JUNE, 2012.
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 original road
allowance between Lots 15 and 16,
Concession 10 (Oro); lying east of the limit
between the east half and west half of Lots 15
and 16, Concession 10, and west of the forced
road through Lot 16, Concession 10, Oro -
Medonte; more particularly described as Parts
5 and 6, Plan 51 R- 38381, Township of Oro -
Medonte, County of Simcoe
SUBJECT LANDS