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2022-008 By-law to Permanently Stop Up and Close and to authorize the sale of Part of the Original Road allowance Plan 51R-43274The Corporation of the Township Of Oro-Medonte By-law No. 2022-008 A By -Law to Permanently Stop Up and Close and to authorize the sale of Part of the Original Road Allowance between Lots 25 & 26, Concession 8, Geographic Township of Oro now in the Township of Oro-Medonte, County of Simcoe more particularly described as Parts, 1, 2 and 3, Plan 51R-43274, being PIN 58559-0077 (LT) (all of the foregoing lands referenced as the "subject lands"). 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. 2021-126 on the 24th day of November, 2021, Being a By-law to Establish a Policy with respect to the Sale and Other Disposition of Land; And Whereas Council has determined that the subject lands are not required for municipal purposes; And Whereas the subject lands have been declared surplus to the needs of the Municipality by Resolution No. C210623-16; And Whereas pursuant to By-law No. 2021-126, the Clerk of the Township of Oro- Medonte did cause a Notice of the proposed by-law to permanently stop up, close and sell the subject lands to be published in a newspaper and on the Township website, 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 26'h day of January 2022; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: Permanently Close — Council does hereby permanently stop up and close the subject lands as described in Schedule "A" attached hereto. 2. Authorization of Sale — Council does hereby authorize the sale of the subject lands at the prescribed price and the granting of right of ways (ROWs) to the abutting land owners as follows: Portion of the Subiect Lands to be Transferred and Subiect to ROW To the Owner(s) of PIN Part 3, Plan 51 R-43274 at a Sale Price of 58599-0417 $.26 cents per square foot plus Harmonized Sales Tax (HST) with a Right of Way over Parts 1 and 2, 51 R-43274 for pedestrian and vehicular access. To the Owner(s) of PIN Part 1, Plan 51 R-43274 at a Sale Price of 58599-0026 $.26 cents per square foot plus Harmonized Sales Tax (HST) with a Right of Way over Parts 2 and 3, 51 R-43274 for pedestrian and vehicular access. To the Owner(s) of PIN Part 2, Plan 51 R-43274 at a Sale Price of 58599-0377 $.26 cents per square foot plus Harmonized Sales Tax (HST) with a Right of Way over Parts 1 and 3, 51 R-43274 for pedestrian and vehicular access. To the Owner(s) of PIN A Right of Way over Parts 1, 2 and 3, 51 R- 58599-0328 43274 for emergency pedestrian and vehicular access only. In addition to the land Sale Price as set out above, the respective registered owners are responsible for the costs incurred by the Township of Oro-Medonte, associated with the transfers. Such costs include advertising, legal fees and disbursements, the cost of installation of the culvert referenced in Schedule C and such other administrative costs as determined by the Township. That the title to the transferred lands merge with those lands owned by the respective abutting owners as outlined above. Upon registration of the Transfer, the respective owners are responsible, at their expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the unopened road allowance as noted above with their abutting property as one Property Identifier Number to the satisfaction of the Township. 4. That the owners of the abutting parcels described above are to be advised of the conditions/obligations affecting the use/development of the subject lands outlined in Schedule "C hereto and that such owners shall be required to execute documentation acknowledging those conditions/obligations as a condition of the transfer of the Subject Lands and any ROWs related thereto. 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 26th day of January, 2022. The Cor oration of the Xayor,H.S. H ghes Township of Oro-Medonte Cie Yvonne Aubichon Schedule "A" to By-law No. 2022-008 for The Corporation of the Township of Oro-Medonte Part of the Original Road Allowance between Lots 25 & 26, Concession 8, Geographic Township of Oro now in the Township of Oro-Medonte, County of Simcoe more particularly described as Parts, 1, 2 and 3, Plan 51 R-43274, being PIN 58559-0077 (LT) (all of the foregoing lands referenced as the "subject lands"). Schedule "B" to By-law No. 2022-008 for The Corporation of the Township of Oro-Medonte 01fli'lls/lip !f,C'1��Of?,tPi Prand Heritage, Hxciting Future Notice of Proposed Sale of Road Allowance By -Law Take Notice that the Township of Oro-Medonte proposes to pass a By-law to authorize the Sale of Original Road Allowance 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 on the 26th of January, 2022 at 9:00 am. Any person who claims their land will be prejudicially affected by the proposed sale may comment on the proposed sale by submitting a Public Participation Request Form through the following link on the Township of Oro-Medonte website hhtos://survev.simcoe.ca/survevs/deputation-form or provide the undersigned with written comments no later than 12:00 noon on Monday, January 24th, 2022. Yvonne Aubichon, Clerk, Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Fax: (705) 487-0133 Dated at the Township of Oro-Medonte this 13th Day of January, 2022. Part or the Original Road Allowance, identified as Parts, 1, 2 and 3, Plan 51 R-43274 between Lots 25 & 26, Concession 8, (PIN 58559-0077 (LT)) Geographic Township of Oro now in the Township of Oro-Medonte, County of Simcoe. (Line 7 South between Ridge Road East and Lakeshore Road (PIN 58559-0077 (LT)) PLANOF SURVEY 'M v �/� 7' Nma �ApmmmVM �r TOWNSHIP OF ORO—MEOONTE 4 COUNTY OF SIMCOE I WEST O N I OI NAL I NEST HALF OF B LOT 25. fe^CONCESS30N ROAD A L L 0 W AN I BETWEEN LOTS 25 A 26) PART HALF OF o: .... ......... L 0 T 2 6. C 0 N �C E 5 S I 0 N 6 —� vrr.VwzNm��rz�4aP OEAROE,RANTO�N LTDI ONTuE0 Schedule "C" to By-law No. 2022-008 for The Corporation of the Township of Oro-Medonte The Purchasers of the Subject Lands and any Right of Way related thereto acknowledge that the use and/or development of any portion of the subject lands is subject to the following: 1. Archaeological Potential: Confirm with County of Simcoe the requirement for an Archaeological Assessment prior to any reconstruction within the road allowance, as the subject lands are identified by the County of Simcoe as an area of "Archaeological Potential". 2. Enbridge: All proposed work must adhere to the "Third Party Requirement in the Vicinity of Natural Gas Facilities" document as found on http://.endbridgegas.com website. Hydro One: For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. http://www.hydroone.com/StormCenter3/ 4. LSCRA: Confirm with Lake Simcoe Region Conservation Authority need for clearance letter or permit prior to any reconstruction within the road allowance. 5. Construction of fencing within the right of way that interferes with access over and/or use of lands subject to the Right of Ways is not permitted. 6. A double wide culvert shall be installed and maintained at the entrance of the subject lands to Line 7 South and all costs associated with the installation and maintenance of the culvert shall be borne by all three of the benefitting parties.