2013-031 Agreement - Couchiching ConservancyTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2013-031
A By-law to Authorize the Execution of an Agreement
Between The Corporation of the Township of Oro-Medonte and
The Couchiching Conservancy
and to Repeal By -Law No. 2011-159
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 and Parts 1 and 2 on Plan 51 R-38590, 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 That By-law No 2011-159 is hereby repealed in its entirety.
3. That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 27TH
DAY OF MARCH, 2013.
THE CO,RPOBATION OF THE TOWNSHIP OF ORO-MEDONTE
ayor, H,4. Hghhes
Clefrk, J. DKiicAas Irwin
/ AGREEMENT
Made this 02__� day of , 2013
BETWEEN:
Schedule "A" to By-law No. 2013- O3
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 51R-37583, Part 2 on Plan 51R-37762 and
Parts 1 and 2 on Plan 5113-38590, 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 51R-37583, Part 2 on Plan 5113-37762 and Parts 1 and 2 on Plan 5111-38590, 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;
Schedule "A" to By-law No. 2013-
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, described as
Part Lot 2, Range 2 (Oro), designated as Parts 3, 4 and 7 on Plan 5113-37583 and Part 2
on Plan 51 R-37762, 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.
7. That all costs associated in connection with the conveyance of the Lands described as Part
Lot 2, Range 2 (Oro), designated as Parts 1 and 2 on Plan 51 R-38590, shall not be the
responsibility of the Conservancy.
IN WITNESS WHEREOF the Parties hereto have exec ted this Agreement at the Township of Oro-
Medonte, County of Simcoe, this o 7- day of - 2013 by their signing officers
duly authorized in that regard.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per: /)
H. S. Huaheu MVlaaior
J. Ooucilbs IrAnl Clerk
have the abthority to bind the Corporation
COUCHICHING CONSERVANCY
Per:
Mark Bisset, Executive Director
We have the authority to bind the Corporation