Loading...
2014-091 Agreement with Couchiching ConservancyThe Corporation of the Township Of Oro-Medonte By-law No. 2014-091 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. 2013-031 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 2 and 3 on Plan 51 R-39333, 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 That By-law No 2013-031 is hereby repealed in its entirety. 3.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 18th day of June, 2014. The Corporation of the Township of Oro-Medonte Schedule "A" to By -Law 2014-091 Agreement Made this tl day of Svv\(-_� , 2014 Between: 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, Part 2 on Plan 51 R-37762 and Parts 2 and 3 on Plan 51 R-39333, 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, Part 2 on Plan 51 R-37762 and Parts 2 and 3 on Plan 51 R-39333, 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, 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, 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 2 and 3 on Plan 51 R-39333, shall not be the responsibility of the Conservancy. In Witness Whereof the Parties hereto have executed this Agreement at the Township of Oro- Medonte, County of Simcoe, this 1$ day of Tu r\ 9 , 2014 by their signing officers duly authorized in that regard. The Corporation of the Township Of Oro-Medonte Per . Hy hpl, Mayor ,,-�, have thaziAhority to bind the Corporation Couchiching Conservancy Per: David A. H er, President Ma Bisset, xecutive Director We have the authority to bind the Corporation.