1998-031 To Accept a transfer from Lawrence Koza, Alvin Robinson, George Anderson and Margot Anderson, Audrey MacMillan, Roger and Ann Tomlinson, Margaret MacFayden and James Simpson, Herbert and Magdelene
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THE CORPORATION OF THE TOWNSHIP OR ORO-MEDONTE
BY-LAW NO. 98- 31
Beiug a By-law to accept a transfer from Lawrence Koza, Alvin Robinson, George
Anderson and Margot Anderson, Andrey MacMillan, Roger Tomlinson and Ann
Tomlinson, Margaret MacFayden and James Simpson, Herbert Kliczka and Magdelcnc
Kliczka, Nina Black, Marion Logic and William Logie, Janet Lougbeed, Donald Morrison
and Douglas Fairbrother, Lillian Martin, Bernice Girvin, Cheryl Koza, Marjut Malcolm,
Murray Bonney and Lilliau Bonney, John Chalmers and Myra Chalmers, Charles
Sarjeant, Winston Law and Maude Law and Elvin Austin and Patricia Austin, for
municipal purposes, for all of Lot K, Plan 663, Township of Oro-Medonte (formerly
Township ofOro), County of Simcoe.
WHEREAS it is deemed expedient to accept a Transfer of Land from the owners of Lots B to J,
inclusive, according to Plan 663, for municipal purposes, for all of Lot K, Registered Plan 663,
Township of Oro-Medonte (formerly Township ofOro). County of Simcoe.
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
1. The Municipality hereby accepts the Transfer of Land from the owners of Lots B to J,
inclusive, according to Plan 663 for the lands described in Schedule "A" attached hereto, by a
deed registered on the 12'h day of December, 1997 as Instrument No. 01367134.
2. The actions of the Mayor and the Chief Administrative Officer are hereby confirmed and
ratified in respect of the execution of the Agreement attached hereto as Schedule "B",
together with all documentation required to give effect to the conveyance of the lands
described in Paragraph 1 ofthis By-law.
By-law read a first and second time this 18'h day of March, 1998.
By-law read a third time and finally passed this 18'h day of March, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Clerk, Lynda Aiken
SCHEDULE "A"
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All of Lot K, Plan 663, Township ofOro-Medonte (formerly Township ofOro), County of
Simcoe.
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Schedule "8"
THIS AGREEMENT made the 20th day of October, 1997.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called "The Township"
OF THE FIRST PART,
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LAWRENCE J. KOZA, ALVIN GERALD ROBINSON, GEORGE WAYNE
ANDERSON and MARGOT SPENCE ANDERSON, AUDREY KATHERINE
MACMILLAN, ROGER TOMLINSON and ANN TOMLINSON, MARGARET
LENORE MACFA YDEN and JAMES RUSSELL SIMPSON, HERBERT
KLlCZKA and MAGDELENE KLlCZKA, NINA L. BLACK, MARION
FRANCES LOGIE and WILLIAM ALEXANDER LOGIE, JANET ELIZABETH
LOUGHEED, DONALD BRUCE MORRISON and DOUGLAS MOWRY
FAIRBROTHER, LILLIAN M. MARTIN, BERNICE LENORE MAE GIRVIN,
CHERYL FAYE KOZA, MARJUT AIRA SINIKKA MALCOLM, MURRAY
DONALD BONNEY and LILLIAN MERLE BONNEY, JOHN T. CHALMERS
and MYRA CHALMERS, CHARLES BRUCE SARJEANT, WINSTON
CHURCHILL LAW and MAUDE VICTORIA LAW, and ELVIN RICHARD
AUSTIN and PATRICIA DIANE AUSTIN,
collectively hereinafter called the "Barrie Terrace Association"
OF THE SECOND PART.
WHEREAS The Corporation of the Township of Oro-Medonte (The
Township) has entered into an Agreement with Canadian National Railway Company on
behalf of the Barrie Terrace Association to acquire the lands more particularly described
in Schedule "A" attached hereto for the purpose of constructing a municipal roadway;
AND WHEREAS The Township is not in a financial position to acquire the
lands from the Canadian National Railway Company at this time, and the Barrie Terrace
Association has agreed to provide the funds in order to complete the purchase from the
Canadian National Railway Company;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of the premises and of the covenants herein contained, the parties hereto agree as follows:
1. That the Barrie Terrace Association provide the Corporation of the
Township of Oro-Medonte the sum of $41,200,00 (inclusive of Goods and Services Tax)
in order that it complete the purchase from the Canadian National Railway Company of its
abandoned railway line more particularly described in Schedule "A" attached hereto. In
addition, the Barrie Terrace Association will be responsible for all legal fees and
disbursements, including Land Transfer Tax in connection therewith.
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2. It is understood and agreed between the Parties hereto that the Township
is acquiring the said lands solely for the purpose of constructing a municipal roadway
thereon to replace the Right-of-Way over Lot K as shown on Plan 663 which is presently
being used by the Barrie Terrace residents as a means of access and egress.
---3. The Township agrees once construction of the new roadway has been
( completed and public money spent thereon, the Township shall assume same as a public
') highway at which time the Township will convey the lands lying to the south thereof,
< including Lot K, to each abutting owner; each abutting owner receiving a Transfer/Deed
"',. of Land in fee simple of that portion of Lot K which fronts their property, extended
(lortherlY to include any portion of the lands being acquired from the Canadian National
Railway Company but not required for the municipal roadway, All legal and survey costs
associated with each transfer shall be borne by the individual land owner,including the cost
of his respective driveway extension to the new municipal road.
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4. The Township will not convey, sell, pledge or exchange any of the lands
lying north of the proposed roadway unless the express consent of the Barrie Terrace
Association is first obtained and then, only on the proviso that any funds realized therefromc) 2
shall be used for tho benefit of the residents ef the Barrie Terrase /\ssooiotion, iAsl~eling, ....
and ''/vitheut liA1itiAfj the fjenerality sf the fsreseins, to offset the cost of the construction ,?Y.,
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of the new roadway. further, in the event development to the North of the s"bjec:t..lat1dsfi-!~
is sud, LI'dl access al,d egress the rete will be by way of the new,' road'Nay, the Dev-elGper !'
shall contribute to'''ards the cost of acq'~isition and constnu;tion.
5. This Agreement shall enure to the benefit of and be binding on the Parties
hereto, their respective heirs, executors, successors, administrators and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
In the presence of
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THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
Per:
Ian Beard
M,or
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Jen ife/~leniewsk;-- "
Chj' f/Admi~.....i. istrative Officer/Treasurer
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BARRIE TERRACE ASSOCIATION
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ROGER TOMLINSON
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ANN,TOMLlNSON
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b1~iS attorney, Mag!fJlb'he Kliczka
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MAGDErENE KLlCZKA /
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NINA L. BLACK
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MARION FRA'NCES LOGIE
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WILLIAM ALE ANDER LOGIE. .,
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JANET ELIZA BE H tOl)GIliEED
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DONA~~UCE M1JS~~ 1 I !>~
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DOUGLAS MOWRY FAIRBROTHER
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CHE ,L FA YE-fOZA
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WINST9N CHURCHILL LAW ./
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MAUDE VI Cr!. all LAW. ,"
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ELVIN RICHARD AUSTIN
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PATRICIA DIANE AUSTIN
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SCHEDULE "A"
To Agreement between
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
and
BARRIE TERRACE ASSOCIATION
DESCRIPTION OF LANDS
Part of Blocks A and B, and Part of Lots 18 and 19, south side of Davis
Street, McVity Street, King Street and Carthew Street (all closed by Township By-Law No.
368 and conveyed by Instrument No. 8043) and all according to Registered Plan No. 1
(Geographic Township of Ora) now the Township of Oro-Medonte, County of Simcoe,
designated as Parts 1, 2 and 3 on Plan 51 R-26796.