2022-018 By-law to Permanently Stop Up and Close and to authorize the conveyance of Part of the Origianl Road Allowance Lot 7, between Concessions 110 and 11 51R-9288The Corporation of the Township Of Oro-Medonte
By-law No. 2022-018
A By -Law to Permanently Stop Up and Close and to authorize the conveyance of Part of
the Original Road Allowance Lot 7, between Concessions 10 and 11, Geographic
Township of Oro now in the Township of Oro-Medonte, County of Simcoe more
particularly described as Part, 6, Plan 51R-9288 (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 its highways;
And Whereas Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, provides
that a by-law closing a highway is effective upon registration of such by-law on title;;
And Whereas the subject lands form part of an unopened road allowance;
And Whereas the Township of Oro-Medonte is the owner Part 3, Plan 51 R-9288 which
is a deviation road opened in lieu of the subject lands in the 1850s (hereinafter the
"deviation road");
And Whereas the former Township of Oro attempted to convey the subject lands to the
then owner of the deviation road lands as compensation (through a Deed registered as
ORO5005 in 1895), but such deed was not accurately abstracted on title over the
course of time;
And Whereas the deviation road was confirmed as a public highway by the Township
of Oro under By-law No. 23, 1855 (not 1858 as indicated on Reference Plan 51 R-9288);
And Whereas By-law No. 23, 1855 did not formally stop up and close the subject lands
as required by the applicable legislation;
And Whereas under section 66 of the Municipal Act, 2001, any successors to the
owner of the land taken for the deviation road, is entitled to a conveyance of the unused
unopened road allowance, in place of the deviation road that was established and for
which compensation was not paid;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Permanently Close - Permanently stop up and close the subject lands as
described in Schedule "A" attached hereto;
Authorization of Conveyance - Authorize the conveyance of the subject lands to
the owners of Part 8, Plan 51 R-9288 (PIN 58537-0059 (LT)) (hereinafter the
"abutting owner") subject to the conditions herein;
3. Associated Costs — The abutting owner shall be responsible for all costs incurred
by the Township of Oro-Medonte and associated with the road closing and
transfer to the abutting owner. Such costs include legal fees and disbursements,
and such other administrative costs as determined by the Township.
4. Merge with Abutting Lands - That the title to the subject lands upon the
conveyance shall merge with those lands owned by the abutting owner.
Upon registration of the Transfer, the abutting owner, at its expense, shall
register an Application under The Land Titles Act, R.S.O. 1990, as amended, to
consolidate the Parcel Registers for the subject lands with their abutting property
Part 8, Plan 51 R-9288 (PIN 58537-0059 (LT)) and provide a copy the
consolidated Parcel Register upon certification of such Application to
Consolidate.
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 23'd day of
February, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hu es
Cie Yvonne Aubichon
Schedule "A"
to By-law No. 2022-018 for
The Corporation of the Township of Oro-Medonte
Part of the Original Road Allowance Lot 7, between Concessions 10 and 11,
Geographic Township of Oro now in the Township of Oro-Medonte, County of Simcoe
more particularly described as Part, 6, Plan 51 R-9288 being all of PIN 58537-0084 (LT).