2014-005 Transer easement for Utility Lines and sell Surplus LandTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2014 -005
A By -Law:
To Transfer Easements for Utility Lines as Defined in the Ontario Energy Board
Act, 1998, over Parts 3, 9 and 10, Plan 51 R -39236 (geographic Township of Oro),
Township of Oro - Medonte, County of Simcoe,
And
To Transfer Easements for residential access and egress over Parts 5, 6, 10 and
14, Plan 51 R -39236 (geographic Township of Oro), Township of Oro - Medonte,
County of Simcoe,
And
To Permanently Close and Sell that Part of the Road Allowance known as Simcoe
Road between Lakeshore Road East (Breezy Avenue) and Hill Crest, Registered
Plan 589 (Part of PIN 58559 -0309 (LT)), (geographic Township of Oro), Township
of Oro - Medonte, described as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Plan 51 R-
39236, Township of Oro - Medonte, County of Simcoe,
And
To Permanently Close and Sell Part of the Road Allowance known as Hill Crest
between Simcoe Road and Orillia Road, Registered Plan 589 (PIN 58559 -0313
(LT)), (geographic Township of Oro), Township of Oro - Medonte, described as
Parts 13, 14, 15 and 16, Plan 51 R- 39236, 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 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 6th 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 of The Corporation of the Township of Oro - Medonte deems it
necessary to transfer to Hydro One Networks Inc. easements for utility lines as defined in
the Ontario Energy Board Act, 1998, be established and reserved over Parts 3, 9 and 10,
Plan 51 R- 39236, and any sale of these lands would be subject thereto;
AND WHEREAS Council of The Corporation of the Township of Oro - Medonte deems it
necessary to transfer easements for residential access and egress over Parts 5, 6, 10
and 14, Plan 51 R -39236 (geographic Township of Oro), Township of Oro - Medonte,
County of Simcoe, 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 2012 -
112;
AND WHEREAS Council has determined that Part of the Road Allowance known as
Simcoe Road between Lakeshore Road East (Breezy Avenue) and Hill Crest, Registered
Plan 589 (Part of PIN 58559 -0309 (LT)), (geographic Township of Oro), Township of Oro -
Medonte, described as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Plan 51 R- 39236,
Township of Oro - Medonte, County of Simcoe, described in Schedule "A" attached hereto
is not required for municipal purposes, and has by Resolution No. C130501 -4 declared
the lands to be surplus to the needs of the municipality;
AND WHEREAS Council has determined that that Part of the Road Allowance known as
Hill Crest between Simcoe Road and Orillia Road, Registered Plan 589 (PIN 58559 -0313
(LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 13,
14, 15 and 16, Plan 51 R- 39236, Township of Oro - Medonte, County of Simcoe, described
in Schedule "A" attached hereto is not required for municipal purposes, and has by
Resolution No. C130501 -4 declared the lands 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 the Road Allowance known as Simcoe Road between Lakeshore Road East
(Breezy Avenue) and Hill Crest, Registered Plan 589 (Part of PIN 58559 -0309 (LT)),
(geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11 and 12, Plan 51R-39236, Township of Oro - Medonte, County of
Simcoe, and the Road Allowance known as Hill Crest between Simcoe Road and Orillia
Road, Registered Plan 589 (PIN 58559 -0313 (LT)), (geographic Township of Oro),
Township of Oro - Medonte, described as Parts 13, 14, 15 and 16, Plan 51 R- 39236,
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 22nd day of January
2014, 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:
Permanently Close - Council does hereby permanently close Part of the Road
Allowance known as Simcoe Road between Lakeshore Road East (Breezy
Avenue) and Hill Crest, Registered Plan 589 (Part of PIN 58559 -0309 (LT)),
(geographic Township of Oro), Township of Oro - Medonte, described as Parts 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Plan 51 R- 39236, Township of Oro - Medonte,
County of Simcoe, and the Road Allowance known as Hill Crest between Simcoe
Road and Orillia Road, Registered Plan 589 (PIN 58559 -0313 (LT)), (geographic
Township of Oro), Township of Oro - Medonte, described as Parts 13, 14, 15 and
16, Plan 51 R- 39236, 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 Part of the Road
Allowance known as Simcoe Road between Lakeshore Road East (Breezy
Avenue) and Hill Crest, Registered Plan 589 (Part of PIN 58559 -0309 (LT)),
(geographic Township of Oro), Township of Oro - Medonte, described as Parts 1,
2, 3, 4, 5, 6, 7, 10, 11 and 12, Plan 51 R- 39236, Township of Oro - Medonte, County
of Simcoe, and the Road Allowance known as Hill Crest between Simcoe Road
and Orillia Road, Registered Plan 589 (PIN 58559 -0313 (LT)), (geographic
Township of Oro), Township of Oro - Medonte, described as Parts 13, 14, 15 and
16, Plan 51 R- 39236, Township of Oro - Medonte, County of Simcoe to the
registered owners from time to time of the abutting lands, together with and subject
to the following Easements for residential access and egress, at a Sale Price
hereinafter set out, as follows and that the title to the transferred lands merge with
those lands owned by the respective abutting owners:
Owner's Lands Land to be Transferred
Lots 70 and 71, Plan 589 Parts 2, 3, 4, 5 and 10,
(PIN 58559 -0282 (LT)) Plan 51 R -39236
Together with Easement over Part 6,
Plan 51 R -39236
Subject to Easement over Parts 5 and
10, Plan 51 R -39236
At a land Sale Price of $1,892.46
Lots 52 and 53, Plan 589 Parts 6 and 7, Plan 51 R -39236
(PIN 58559 -0292 (LT)) Together with Easement over Parts 5
and 10, Plan 51 R -39236
Subject to Easement over Part 6, Plan
51 R -39236
At a land Sale Price of $1,559.04
Lots 54 and 69, Plan 589 Part 12, Plan 51 R -39236
(PIN 58559 -0283 (LT)) No Easement
At a land Sale Price of $494.23
Lots 55 and 68, Plan 589 Parts 11 and 13, Plan 51 R -39236
(PIN 58559 -0284 (LT)) Together with Easement over Part 14,
Plan 51 R -39236
At a land Sale Price of $1,488.78
Lot 67, Plan 589 Part 15, Plan 51 R -39236
(PIN 58559 -0285 (LT)) Together with Easement over Part 14,
Plan 51 R -39236
At a land Sale Price of $816.25
Lot 56, Plan 589 Parts 14 and 16, Plan 51 R -39236
(PIN 58559 -0290 (LT)) Subject to Easement over Part 14, Plan
51 R -39236
At a land Sale Price of $828.53
In addition to the land Sale Price as set out above, 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.
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.
3. Transfer of Easements for Utility Lines as Defined in the Ontario Enemy Board Act
1998 — That a Transfer to Hydro One Networks Inc. of easement for utility lines as
defined in the Ontario Energy Act, 1998, be registered over Parts 3, 9 and 10, Plan
51 R- 39236, and any sale of these lands would be subject thereto.
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 22ND
DAY OF JANUARY, 2014.
THE
OF THE TOWNSHIP OF ORO- MEDONTE
hes
J. /Dora as Irwin
Schedule "A"
to By -law No. 2014 -005 for
The Corporation of the Township of Oro - Medonte
Part of the Road Allowance known as Simcoe Road between Lakeshore Road East
(Breezy Avenue) and Hill Crest, Registered Plan 589 (Part of PIN 58559 -0309 (LT)),
(geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11 and 12, Plan 51R-39236, Township of Oro - Medonte, County of
Simcoe,
and
That Part of the Road Allowance known as Hill Crest between Simcoe Road and Orillia
Road, Registered Plan 589 (PIN 58559 -0313 (LT)), (geographic Township of Oro),
Township of Oro - Medonte, described as Parts 13, 14, 15 and 16, Plan 51 R- 39236,
Township of Oro- Medonte, County of Simcoe.
Schedule "B"
to By -law No. 2014 -005 for
The Corporation of the Township of Oro - Medonte
NOTICE OF PROPOSED
Tou,,1S1111)O SALE OF LAND BY -LAW
Proud Heritage. Excitino Future
TAKE NOTICE that the Township of Oro - Medonte proposes to pass a By -law to
permanently close and sell road allowances, 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 22nd day of January, 2014 at 7:00 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 January 16, 2014.
DATED AT THE TOWNSHIP OF ORO- MEDONTE THIS 9T" DAY OF JANUARY, 2014.
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 the Road Allowance known as Simcoe Road between Lakeshore
Road East (Breezy Avenue) and Hill Crest, Registered Plan 589 (Part of PIN 58559 -0309
(LT)), (geographic Township of Oro), Township of Oro - Medonte, described as Parts 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11 and 12, Plan 51 R- 39236, Township of Oro - Medonte, County of
Simcoe, and The Road Allowance known as Hill Crest between Simcoe Road and Orillia
Road, Registered Plan 589 (PIN 58559 -0313 (LT)), (geographic Township of Oro),
Township of Oro - Medonte, described as Parts 13, 14, 15 and 16, Plan 51 R- 39236,
Township of Oro - Medonte, County of Simcoe.