1997-023 To Stop up, Close and sell Part of the original road allowance between Lots 10 and 11, Conc 8, and those Parts of the original road allowance through Part of Lot 10 and Part of Lot 11, Conc 8
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
e
BY-LAW NO. 1997- 23
A BY-LAW TO STOP UP, CLOSE AND SELL PART OF THE ORIGINAL ROAD
ALLOWANCE BETWEEN LOTS 10 AND 11, CONCESSION 8, AND THOSE PARTS OF
THE ORIGINAL ROAD ALLOWANCE THROUGH PART OF LOT 10 AND PART OF LOT
11, CONCESSION 8, TOWNSHIP OF ORO-MEDONTE (FORMERLY THE TOWNSHIP OF
MEDONTE), COUNTY OF SIMCOE
WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O.
1990, c.M.45, Council is empowered to stop up and close any part of
a highway;
AND WHEREAS pursuant to Sections 297 and 315 of the said
Municipal Act, Council is empowered to sell any part of a highway
which is legally stopped up and closed;
AND WHEREAS that part of the original road allowance between
Lots 10 and 11, Concession 8, and those parts of the original road
allowance through part of Lot 10 and part of Lot 11, Concession 8,
more particularly described in Schedule "A" attached hereto, are no
longer required for municipal purposes;
AND WHEREAS pursuant to Section 300 of the said Municipal Act,
the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to stop up, close and sell part of the original
road allowance between Lots 10 and 11, Concession 8, and those
parts of the original road allowance through part of Lot 10 and
part of Lot 11, Concession 8, Township of Oro-Medonte (formerly the
Township of Medonte), to be published for four consecutive weeks in
a newspaper of local circulation, and did cause such Notice to be
posted up for at least one month in six of the most public places
in the immediate neighbourhood of the said road allowance:
AND WHEREAS pursuant to Section 297(6) of the said Municipal
Act, the Clerk of the Township of Oro-Medonte did cause a Notice of
Proposed By-law to be sent to the Clerk of the County of Simcoe by
registered mail and has received no notice of objection to same;
AND WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, sections
191 and 193, as amended, authorize a Council of a municipality to
dispose of surplus real property in accordance with the provisions
of a by-law passed by the Council, establishing procedures
governing the sale of such property;
AND WHEREAS Council passed By-law No. 1996-35 on the 17th day
of April, 1996, being a By-law to establish procedures to provide
for the disposal of real property within the Township of Oro-
Medonte, pursuant to Section 193(2) of the Municipal Act, R.S.O.
1990, c.M.45, as amended;
,
AND WHEREAS Council has previously caused notice of its
intention to stop up, close and sell the lands described in
Schedule "A" attached to be given, in accordance with the
requirements of Section 300 of the Municipal Act, and the
requirements set out in By-law 1996-35;
AND WHEREAS Council has determined that the said road is not
required for municipal purposes, and has by resolution declared
that portion of the original road allowance between Lots 10 and 11,
Concession 8, and those parts of the original road allowance
through part of Lot 10 and part of Lot 11, Concession 8, in the
Township of Oro-Medonte (formerly the Township of Medonte), County
of Simcoe, more particularly described in Schedule "A" attached
hereto, to be surplus to the municipality;
AND WHEREAS the proposed by-law came before Council of the
Corporation of the Township of Oro-Medonte for consideration at its
regular meeting on the 19th day of March, 1997. At that time Mrs.
Jean Yule, an abutting property owner, objected to the passage of
the by-law on the grounds that her access would be prejudicially
affected. As a result of such objection, the proposed by-law was
only given first and second reading.
a
AND WHEREAS Council reviewed Mrs. Yule's objections and made
arrangements to address her concerns, so that her current access
will remain the same and she will not be prejudiced by the proposed
by-law.
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF ORO-MEDONTE HEREBY
ENACTS AS FOLLOWS:
1. Stop Up and Close - Council does hereby stop up and close that
portion of the original road allowance between Lots 10 and 11,
Concession 8, and those parts of the original road allowance
through part of Lot 10 and part of Lot 11, Concession 8, more
particularly described in Schedule "A" attached hereto.
2. Authorization of Sale - Council does hereby authorize the
sale of the said lands described in Schedule "A" attached
hereto as follows:
a) Part 1 on Plan 51R-27296 to the registered owner of Part
of Lot 11, Concession 8, as described in instrument no.
01291901;
b) Parts 2 on Plan 51R-27296 to the registered owner of Part
of Lot 10, Concession 8, as described in instrument no.
01291901; and
c) Parts 3, 4 and 5 on Plan 51R-27296 to the registered
owner of Part of Lot 11, Concession 8, designated as Part
9 on Plan 51R-4709, as described in instrument no.
250922,
and subject to the Corporation first granting an easement to
Ontario Hydro in the form of Schedule "C" attached hereto.
3. Sale Price - In accordance with Section 315 of the said
Municipal Act, this Council hereby sets the sale price for the
said lands described in Schedule "A" attached hereto at a
consideration of $1.00.
4. Execution of Documents The Mayor and Clerk are hereby
authorized to sign all documents to carry out the intent of
this By-law.
5. Clerk's Affidavit - Attached as Schedule "B" to this By-law is
an Affidavit of Lynda Aiken, Clerk of the Corporation of the
Township of Oro-Medonte, setting out the procedures taken for
the publishing and posting of the said Notice pursuant to the
provisions of the Municipal Act, and the provisions of By-law
1996-35.
BY-LAW READ A FIRST AND SECOND TIME ON THE 19th DAY OF MARCH, 1997.
e
BY - LAW READ A THIRD TIME AND FINALLY PASSED ON THE 4 th DAY OF
FEBRUARY, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
e
,
SCHEDULE "A"
SCHEDULE "A" TO BY-LAW 199" -
TOWNSHIP OF ORO-MEDONTE
FOR THE CORPORATION OF THE
Firstly: Part of the original road allowance between Lots 10 and
11, Concession 8, Township of Oro-Medonte, (formerly the Township
of Medonte), County of Simcoe, designated as Parts 1 and 2 on Plan
51R-26251.
Secondly: Part of Lot 10, Concession 8, Township of Medonte,
Township of Oro-Medonte, (formerly the Township of Medonte), County
of Simcoe, designated as Part 3 on Plan 51R-26251.
Thirdly: Part of Lot 11, Concession 8, Township of Oro-Medonte,
(formerly the Township of Medonte), County of Simcoe, designated as
Part 4 on Plan 51R-26251.
SCHEDULE liB"
"
SCHEDULE "B" TO BY-LAW 199'7 - 23
TOWNSHIP OF ORO-MEDONTE
FOR THE CORPORATION OF THE
PROVINCE OF ONTARIO
IN THE MATTER of the stopping up,
closing, and selling, that part of
the original road allowance between
Lots 10 and 11, Concession 8, and
those parts of the original road
allowance through part of Lot 10
and part of Lot 11, Concession 8,
Township of Oro-Medonte (formerly
the Township of Medonte), County of
Simcoe, more particularly described
as Parts 1, 2, 3 and 4 on Plan
51R-26251.
COUNTY OF SIMCOE
TO WIT
e
A F F I D A V I T
I, Lynda Aiken of the Township of Oro-Medonte in the County of
Simcoe, make oath and say as follows:
1. The Deponent
I am the Clerk of the Corporation of the Township of Oro-
Medonte, and as such have knowledge of the facts hereinafter
deposed to.
2. Publication
Pursuant to Section 300 of the Municipal Act, R.S.O. 1990,
c.M.45, and amendments thereto, I did cause to be published in
Barrie Examiner and the Packet & Times, newspapers of local
circulation, a Notice of the proposal by the Corporation of
the Township of Oro-Medonte to pass a by-law to stop up, close
and to sell part of the original road allowance between Lots
10 and 11, Concession 8, and those parts of the original road
allowance through part of Lot 10 and part of Lot 11,
Concession 8, Township of Oro-Medonte (formerly the Township
of Medonte), County of Simcoe, described in the said Notice.
3. Posting
Pursuant to the said Section 300, I did cause a Notice of the
said proposal to be posted up for at least one month in six of
the most public places in the immediate neighbourhood of the
said portions of road.
4. Copy of Notice
Attached to this my Affidavit as Exhibits "A" and "B" is a
copy of the actual Notice as it appeared in the Barrie
Examiner and the Packet & Times, and as it was posted.
5. Dates of Publication and Posting
The first publication was on the 12th day of February, 1997,
and it continued thereafter for 4 consecutive weeks, the last
publication being on the 5th day of March, 1997. The posting
in six of the most public places in the immediate
neighbourhood of the said road took place on the 30th day of
January 1997, and such Notices remained on the sites for at
least one month.
,
6 .
Service of County of Simcoe
Pursuant to Section 297(6) of the said Municipal Act, I caused
to be served by registered mail to the Clerk of the County of
Simcoe, Notice of the intention of the Township of Oro-Medonte
to pass the said by-law on the 19th day of December, 1996 and
no Notice of Objection has been received by me from the
Council of the County of Simcoe.
7. The Notice of the proposal by the Corporation of the Township
of Oro-Medonte to pass a by-law to stop up, close and sell the
said road was given in accordance with the requirements of By-
law No. 1996-35.
e
a
~
Council Meeting
8 .
The proposed By-law came before the Municipal Council at its
regular meeting on the 19th day of March, 1997. At that time
Mrs. Jean Yule, an abutting property owner, objected to the
passage of the by-law on the grounds that her access would be
prejudicially affected. As a result of such objection, the
proposed by-law was only given first and second reading.
9.
Subsequent to this, Council reviewed Mrs. Yule's objections
and made arrangements to address her concerns, so that her
current access will remain the same and she will not be
prejudiced by the proposed by-law.
SWORN before me at
of Oro-Medonte, in
Simcoe,
, 1998.
Township
County of
A
AFFIDAVITS, ETC.
.......
Exhibit "A"
(LOGO)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW
e
TAKE NOTICE that the Corporation of the Township ofOro-Medonte proposes to pass a By-law to stop
up and close a portion of road in the Township ofOro-Medonte (fonnerly Township ofMedonte), County
of Simcoe, more particularly described in Schedule "A" hereto.
AND FURTHER TAKE NOTICE that the Corporation of the Township of Oro-Medonte proposes by the
aforesaid By-law to authorize the sale and conveyance of that part of the road which is closed to the
owner(s) of the land abutting the same, or otherwise in accordance with the provisions of the Municipal
Act, R.S.O. 1990 c.MA5, at a consideration to be determined by By-law of Council.
AND FURTHER TAKE NOTICE that the proposed By-law will come before the Council of the
Corporation of the Township of Oro-Medonte for consideration at its regular meeting to be held at the
Council Chambers on the 19th day of March, 1997 at 7:00 o'clock p.rn. and at that time Council will hear in
person or by his counsel, solicitor or agent, any person who claims that his land will be prejudicially
affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 28TH DAY OF JANUARY, 1997.
~#~
Lynda Aiken
Clerk of the Corporation of
the Township ofOro-Medonte
SCHEDULE "A"
Firstly: Part of the original road allowance between Lots 10 and 11, Concession 8, Township ofOro-
Medonte, (fonnerly the Township ofMedonte), County of Simcoe, designated as Parts 1 and 2 on Plan
51R-26251.
Secondly: Part of Lot 10, Concession 8, Township ofOro-Medonte, (fonnerly the Township ofMedonte),
County of Simcoe, designated as Part 3 on Plan 51R-26251.
Thirdly: Part of Lot 11, Concession 8, Township of Oro-Medonte, (fonnerly the Township ofMedonte),
County of Simcoe, designated as Part 4 on Plan 51R-26251.
Lot 11, Concession 8
Part 1
Part 2
Lot 10, Concession 8
I
...
~
....
i
Exhibit
""0"
u
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW
e
TAKE NOTICE that the Corporation of the Township ofOro-Medonte proposes to pass a By-law to stop
up and close a portion ofroad in the Township ofOro-Medonte (formerly Township ofMedonte), County
of Simcoe, more particularly described in Schedule "A" hereto.
AND FURTHER TAKE NOTICE that the Corporation of the Township of Oro-Medonte proposes by the
aforesaid By-law to authorize the sale and conveyance of that part of the road which is closed to the
owner(s) of the land abutting the same, or otherwise in accordance with the provisions of the Municipal
Act, R.S.O. 1990 c.M.45, at a consideration to be determined by By-law of Council.
AND FURTHER TAKE NOTICE that the proposed By-law will come before the Council of the
Corporation of the Township of Oro-Medonte for consideration at its regular meeting to be held at the
Council Chambers on the 19th day of March, 1997 at 7:00 o'clock p.m, and at that time Council will hear in
person or by his counsel, solicitor or agent, any person who claims that his land will be prejudicially
affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 28TH DAY OF JANUARY, 1997.
~~4L
Lyn Aiken
Clerk of the Corporation of
the Township of Oro-Medonte
SCHEDULE "A"
Firstly: Part of the original road allowance between Lots 10 and 11, Concession 8, Township of Oro-
Medonte, (formerly the Township ofMedonte), County of Simcoe, designated as Parts 1 and 2 on Plan
51R-26251.
Secondly: Part of Lot 10, Concession 8, Township ofOro-Medonte, (formerly the Township ofMedonte),
County of Simcoe, designated as Part 3 on Plan 51R-26251.
Thirdly: Part of Lot 11, Concession 8, Township of Oro-Medonte, (formerly the Township of Medonte),
County of Simcoe, designated as Part 4 on Plan 51R-26251.
"
';;'"
90213 (UNREGISTERED EASEMENT)
new 82.06
THIS TRANSFER AND GRANT OF EASEMENT dated the "'1-.I.1Ji day of~ r;..1""~lAlf' / 'l'7r
Between:
herein called the GRANTOR
- and-
ONTARIO HYDRO
Witnesseth:
L The Grantor is the owner in fee simple and in possession of part of Lots 10 & 11, in the 8 Concession, or according to Plan No. SIR-
26251, Parts 3 and 4
-
in the TOWNSHIP OF MEDONTE (now in the Township of Oro-Medonte)
in the COUNTY OF SIMCOE
2. Ontario Hydro has erected, or is about to erect, a line for the transmission of power on or under this land, or on or under land adjacent
thereto.
3. IN CONSIDERATION of the sum of m..__________________ ONE DOLLAR -.-----...-------------------------------------
($1.00) Dollars
of lawful money of Canada, paid by Ontario HydrD tD the Grantor, the GrantDr hereby grants, transfers, and cDnveys in perpetuity to OntariD
Hydro, its succeSSDrs and assigns, the rights and easement:
(a) TD erect, maintain, Dperate, repair, replace, relocate, reconstruct and remove at any time and frDm time to time in, over, alDng and
upon or under the land as shown on the sketch anached hereto as Schedule "A" (herein referred to as "the strip") an electrical transmission line
Dr lines consisting of ONE pole and ONE anchor with all guys, braces, wires, cables, and associated material and equipment (all or any of which
works are herein called "the line");
(b) To cut and remove, or to clear and keep clear, all trees, brush and other obstructions and materials for a distance of 5.0 m on each
side of the centre line of the said line, and subject to payment of additional compensation therefore, to cut and remove all leaning and decayed
trees located at a greater distance from the said centre line whose condition renders them liable to fall and come in contact with the line;
(c) To enter on and to pass and repass at any and all time in, over, along and upon the lancl.s of the Grantor for the servants, agents,
contractors and sub-contractors of Ontario Hydro with or without vehicles, supplies, machinery and equipment for all purposes necessary or
convenient to the exercise and enjoyment of the rights and easement hereby granted ~ubject to payment by Ontario Hydro of compensation
for any crop or other damage sustained by the Grantor caused by the exercise of this right of entry and passageway;
(d) To remove, relocate and reconstruct the line on or under the strip, subject to payment by Ontario Hydro of additional compensation
for any damage caused thereby.
4. THE Grantor covenants and agrees not to erect any buildings, structures, or other obstructions of any nature whatever or pile materials
of any kind for a distance of 5.0 m on each side of the centre line of the said line except fences not exceeding 2 metres in height or change the
grade of the strip without the consent of Ontario Hydro.
5. THE Grantor covenants with Ontario Hydro that he has the right to convey the said rights and easement over or under the said land to
Ontario Hydro, and that Ontario Hydro shall quietly possess and enjoy the said rights and easement, and that he will execute such further
assurances of the $aid rights and easement as may be requisite.
6. ALL covenants herein contained shall be construed to be several as well as joint and wherever the singular and the masculine are used in
this Transfer and Grant of Easement, the same shall be construed as meaning the plural or the feminine or neuter where the context of the parties
hereto so require.
7. THE burden and benefit of this Transfer and Grant of Easement shall nm with the land and shall exttin~{o, be bindmg on and enure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns:
Ii d-4 .
Signature l
Signed, Sealed and Delivered
in the presence of
..- ~ .
(<..~I)
~ ~~~ 41-
Signature
(.",,1)
Address
Line
w.o.
E
(or
"
:II.I~ 01"'...
"(':1:")
PART
1
2
3
4
1">0.01
1?().4~()
. 8
.ALLOt+:AJVC'[:- ~ .
~~
,:,--c -"'_ <-, ,~-< ':-";~~::::':<t~~::::~.
f3f:."Ti'VCr:-,V'" ~- L()TS
11
t.
l t./
AND
679'.36
~~
PART 2 ~~
...;.;...
---_;:...~;;'fg.t,.'~7-
r-
621'.90
..
A ,..,
'"
, ..... 1
/,/.. ,
\..... t..,,f\f.
~
.~
ilv's"r
L~07 :ifi: 5;01
.IRrJ
.......?,:;..)
~
\...1/>. ~
~ ~:~:::;~
AREA SCHEDULE
SQ. FT. ACRES
233611.47 0.54
214,13.09 0.49
11 ;,\42.22 0.26
136116.114 0.31
~
,j> . "'>.>
'0'
J.,'!o't
..u____~~O
legend:
new poles . owner
new anchors ~ "10.
new line owner
existing poles 0 agent
existing anchors ---)
existing line --------- date
easement width -----~-----
_____1______ work order
"
\. ~ .
~
'T
II:
~
"'~
o ~N59'3'OO.E
.. C? 33'~01
A 4D083
~ mv. 84.10
lot:
/ () cI- II
concession:
IWf
01:0 .- fTJ.IJ-Vo tV ~
6'1; I H'j'l)f..- /)iJi3LiC\ !?()..~.l)
13'( 13:r'--L..; vi" :i8f)
iJ\/S'r 4001
l_ () r
A A
I I
, , I
co/v.
M
'A
1::.4/? T
1
.,
,.... ".,
l.oL.".J.I\'
:; -; :;
.....j',
J. -..,.. ..~
-- .t / t/~l
l/vS" T
"'-,.,......... -,.
....)..~~t./ ,_/ \.~
S.E. CORNER
LOT 1'.
CON.8
8fi5'.~<\.
N S913'OO'E
1.8.
(~)
n
10~9'.90
I"~
(~ KNIiHO) 1 QB5'.8<\.
not to scale
w{:([)..I.1.lJ ..4LL()i!Y'..1,\.r"'/,-" ....r.-7-..'{.....{..-,\; ,. ",'" 1.'1 .1
schedule' A'
property easement sketch
parcel:
0/0/'11<-'