2016-042 Permanently close and sell public highway PCL Plan-1 & establish drainage easementThe Corporation of the Township Of Oro-Medonte
By-law No. 2016-042
A By -Law:
To Permanently Close and Sell a public highway
described as PCL Plan -1, Sec M-118; Block D, Plan M-118 (Oro)
(PIN 58558-0310 (LT)), (geographic Township of Oro),
Township of Oro-Medonte, County of Simcoe
and
To Establish a Drainage Easement in favour of the Township of Oro-Medonte
over Block D, Plan M-118 (geographic Township of Oro),
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 6t" 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 Township of Oro-Medonte deems it necessary to establish
and reserve a drainage easement in favour of The Corporation of the Township of
Oro-Medonte over Block D, Plan M-118 (geographic Township of Oro), Township of
Oro-Medonte, County of Simcoe, described in Schedule "A" attached hereto, and any
sale of these lands would be subject thereto;
And Whereas Council has determined that the public highway described as Block D,
Plan M-118 (PIN 58558-0310 (LT)), (geographic Township of Oro), Township of
Oro-Medonte, County of Simcoe, described in Schedule "A" attached hereto, is not
required for municipal purposes, and has by Resolution No. C160127-10 declared the
lands to be surplus to the needs of the municipality;
And Whereas pursuant to By-law No. 2012-112, the Clerk of the Township of Oro-
Medonte did cause a Notice of the proposed by-law to permanently close and sell the
subject lands, described in Schedule "A" attached hereto, to be published in
newspapers, 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 23rd day of March
2016, 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 the public highway
described as Block D, Plan M-118 (PIN 58558-0310 (LT)), (geographic Township
of Oro), Township of Oro-Medonte, County of Simcoe, described in Schedule "A"
attached hereto.
2. Authorization of Sale — Council does hereby authorize the sale of the public
highway described as Block D, Plan M-118 (PIN 58558-0310 (LT)), (geographic
Township of Oro), Township of Oro-Medonte, County of Simcoe, described in
Schedule "A" attached hereto, to the registered owners from time to time of the
abutting land reserving unto The Corporation of the Township of Oro-Medonte a
Drainage Easement including any subsurface infrastructure thereover,
thereunder and therealong at a Sale Price hereinafter set out.
Owner's Lands Land to be Transferred
Lot 122, Plan M-118 (Oro) Block D, Plan M-118
(PIN 58558-0296 (LT)) At a land Sale Price of $6,300.00 plus
Harmonized Sales Tax (HST)
(PIN 58558-0310 (LT))
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.
3. Establishment of Drainage Easement
That no buildings, structures or other obstacles, including vegetation such
as trees and shrubs shall be placed within the boundaries of the easement
lands that would interfere with drainage or access
Should the applicant choose to fence the lands acquired from the
Township, the applicant shall be required to provide a removable access
panel at each end of the fenced area, which shall be approved in writing
by the Director, Transportation & Environmental Services prior to
installation, a minimum of 16 feet wide, to provide access for the Township
to the easement lands and the retained Township lands behind the
applicant's property.
4. That the title to the transferred lands merge with those lands owned by the
respective abutting owners.
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.
5. 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 23rd day of March,
2016.
The Corporation of the Township of Oro-Medonte
!Mayor, W. *ghes
J. D6011ab Irwin
Schedule "A"
to By-law No. 2016-042 for
The Corporation of the Township of Oro-Medonte
Land described as:
PCL Plan -1, Sec M-118; Block D, Plan M-118 (Oro), (PIN 58558-0310 (LT)),
(geographic Township of Oro), Township of Oro-Medonte, County of Simcoe.
Schedule "B"
to By-law No. 2016-042 for
The Corporation of the Township of Oro-Medonte
Townsh1P of
Proud Heritage. Exciting 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 and sell a public highway 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 23rd day of March, 2016 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 4:30 p.m. on March 15, 2016.
Dated at the Township of Oro-Medonte this 10th day of March, 2016.
J. Douglas Irwin, Clerk, Township of Oro-Medonte
148 Line 7 South, Oro-Medonte, ON LOL 2EO Fax: (705) 487-0133
Schedule "A"
Closure and Sale: Block D, Plan M-118, PIN 58558-0310 (LT) (geographic Township of
Oro), Township of Oro-Medonte, County of Simcoe.
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ED Subject Lands