2004-120 To Permanently close and sell (transfer) part of the original road allowance known as Part of Oneida Avenue, Registered Plan M-31
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-120
A By-law to permanently close and sell (transfer)
part of the original road allowance known as Part of Oneida Avenue, Registered
Plan M-31 (geographic Township of Oro), Township of Oro-Medonte
more particularly described as
Parts 12 and 13, Plan 51 R-33065,
Township of Oro-Medonte, County of Simcoe.
WHEREAS pursuant to Section 11 (2) of the Municipal Act, 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,
Council is empowers municipalities to permanently close a highway after giving notice
to the public;
AND WHEREAS a part of the original road allowance know as Part of Oneida Avenue,
Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more
particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte,
County of Simcoe, more particularly described in Schedule "A" attached hereto and
forming part of this By-law, is no longer required for municipal purposes;
AND WHEREAS Section 268 of the Municipal Act, S.O. 2001, c.25, as amended,
authorizes a Council of a municipality to dispose of surplus land in accordance with the
provisions of a by-law passed by the Council, establishing procedures governing the
sale of such land;
AND WHEREAS Council did pass By-law No. 2003-125 on the 26th day of November,
2003, being a By-law to govern the procedure for the sale of land within the Township of
Oro-Medonte, pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as
amended;
AND WHEREAS Council has previously caused notice to be given of its intention to
permanently close and sell the land described in Schedule "A" attached, in accordance
with the requirements of Section 268 of the Municipal Act, and the requirements set out
in By-law 2003-125, as amended;
AND WHEREAS Council has determined that the said land is not required for municipal
purposes, and has by resolution declared part of the original road allowance know as
Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township
of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065,
Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule
"A" attached hereto, to be surplus to the needs of the municipality;
AND WHEREAS Council has received no notice of objection to the proposed road
closure and sale (transfer) of land from any party;
AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001,
c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to permanently close and sell part of the original road allowance know
as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro),
Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-
33065, Township of Oro-Medonte, County of Simcoe, more particularly described in
Schedule "A" attached hereto, to be published in newspapers of local circulation;
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 20th day of October,
2004, and at that time no person objected to the proposed By-law nor claimed that
his/her land would be prejudicially affected.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1.
Permanently Close - Council does hereby permanently close part of the original
road allowance know as Part of Oneida Avenue, Registered Plan M-31
(geographic Township of Oro), Township of Oro-Medonte, more particularly
described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte,
County of Simcoe, more particularly described in Schedule "A" attached hereto,
and forming part of this By-law.
2.
Authorization of Sale (Transfer) - Council does hereby authorize the sale
(transfer) of part of the original road allowance know as Part of Oneida Avenue,
Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte,
more particularly described as Parts 12 and 13, Plan 51R-33065, Township of
Oro-Medonte, County of Simcoe, subject to easements for utilities over Parts 12
and 13, Plan 51 R-33065 in favour of Bell Canada and the Township of Oro-
Medonte as described in Schedule "B" attached hereto and forming part of this
By-law, to the registered owner from time to time of the abutting lands described
as Lots 60 and 61, Plan M-31, more particularly described in Schedule "B"
attached hereto and forming part of this By-law.
3.
Sale Price -In accordance with By-law 2003-125, as amended, Council hereby
sets the sale (transfer) price for part of the original road allowance know as Part
of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro),
Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan
51 R-33065, Township of Oro-Medonte, County of Simcoe, more particularly
described in Schedule "A" attached hereto, at a consideration of nil.
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 - Schedule "C" attached hereto and forming part of this By-law is
an Affidavit of Marilyn Pennycook, Clerk of The Corporation of the Township of
Oro-Medonte, setting out the procedures taken for the publishing of the said
Notice pursuant to the provisions of the Municipal Act.
BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF
OCTOBER, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "A"
to By-law No. 2004-120 for
The Corporation of the Township of Oro-Medonte
Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township
of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065,
Township of Oro-Medonte, County of Simcoe, subject to easements for utilities over
Parts 12 and 13, Plan 51 R-33065 in favour of Bell Canada and the Township of Oro-
Medonte
Schedule "B"
to By-law No. 2004-105 for
The Corporation of the Township of Oro-Medonte
lands to be Conveyed
lands of Transferee
Part 12, Plan 51 R-33065 subject to Lot 61, Plan M-31
easements for utilities in favour of Bell (PIN#7 4057 -0122(Lt)
Canada and the Township of Oro-Medonte
Part 13, Plan 51 R-33065 subject to Lot 60, Plan M-31
easements for utilities in favour of Bell (PIN#7 4057 -0123(Lt)
Canada and the Township of Oro-Medonte
Schedule "C"
to By-law 2004-120
for The Corporation of the Township of Oro-Medonte
PROVINCE OF ONTARIO, COUNTY OF SIMCOE,
IN THE MATTER of the permanent closing and
sale (transfer) of Part of Oneida Avenue,
Registered Plan M-31 (geographic Township of
Oro), Township of Oro-Medonte
more particularly described as
Parts 12 and 13, Plan 51R-33065,
Township of Oro-Medonte, County of Simcoe.
AFFIDAVIT
I, Marilyn Pennycook, 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 of.
2.
Publication
Pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, and
amendments thereto, I did cause to be published in the Barrie Examiner, Midland
Free Press and Orillia 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 permanently close and sell Part of Oneida Avenue, Registered Plan M-
31 (geographic Township of Oro), Township of Oro-Medonte, more particularly
described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte,
County of Simcoe, described in the said notice.
3.
Copy of Notice
Attached to this my Affidavit as Exhibit "A" is a copy of the actual Notice as it
appeared in the Barrie Examiner, Midland Free Press and Orillia Packet & Times.
4.
Date of Publication
A Notice of permanent closure and sale was published on the 19th day of
October, 2004.
5.
Council MeetinQ
The proposed By-law came before the Municipal Council at its meeting on the
20th day of October, 2004, and at that time, no person or persons made any
claim that his/her land would be prejudicially affected by the By-law.
SWORN before me at the Township
of Oro-Medonte, in the County of
Simcoe, this day ~2004.
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A COMMISSIONER FOR TA ING AFFIDAVITS, ETC.
Andria Laura Leigh, a Commissioner, etc.,
County of Simcoe,
For the Township of Oro-Medonte.
Expires April 8, 2007
...
Exhibit "A" to Schedule "e"
to By-Law 2004-120
TIlE CORP()RATION OF TIlE Oe- I I ~ 0-+
TOWN & Ii I P
(1J~o~~
THE CORPORA nON OF THE TOWNSIDP OF ORO-MEDONTE
NOTICE OF PROPOSED PER:'\1ANENT ROAD CLOSING AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township ofOro-Medonte proposes to
pass a By-law to permanently close and sell a portion of road in the Township ofOro-
Medonte, County of Simcoe, more particularly described in Schedule "A" hereto,
AND FURTHER TAKE NOTICE that the proposed By-law wilJ come before the
Council of The Corporation of the Township of Oro-Medonte at its regular meeting to be
held at the Council Chambers on the 20th day of October at 7;00 o'clock p.m. and at that
time Council wilJ 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 14th DAY OF OCTOBER,
2004.
Marilyn Pennycook, Clerk
SCHEDULE "A"
Part of the original road allowance known as ,Oneida Avenue, Registered Plan M-31
(geographic Township of Om), Township ofOro-Medonte, more particularly described
as Parts 12 and 13, Plan 51R-33065, Township ofOro-Medonte, County of Simcoe.
LRO # 51
Application To Register Bylaw
Receipted as SC277374 on 2004 10 29
yyyy mm dd
at 15:32
The applicant(s) hereby applies to the Land Registrar.
Page 1 of 1
properlkS I
PIN 74057 - 0193 L T Estate/Qualifier Fee Simple Absolute ~ Affects Part of Prop
Description PART OF PCL STREETS-1 SEC M31; PART OF ONEIDA AVENUE, BEING PARTS 12 &
13 ON PL 51R-33065, PL M31 ORO; ORO-MEDONTE
ORO-MEDONTE
Address
Applicant(s) I
This Order/By-law affects the selected PINs.
Name
Address for Service
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Box 100, Oro, ON LOL 2XO
This document is being authorized by a municipal corporation J. NEIL CRAIG, Mayor and MARILYN PENNYCOOK, Clerk.
This document is not authorized under Power of Attorney by this party.
I Statements I
This application is based on the Municipality By-Law No. 2004-120 dated 2004/10/20.
Schedule: See Schedules
I~~~ I
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Applicant(s) Signed 20041029
Oro Station LOL 2EO
Tel
Fax
705- 790-2677
7054870257
I Submitted By I
SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1 20041029
SERVICES INC Ora Station LOL 2EO
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment I
Statutory Registration Fee $60.00
Total Paid
$60.00
I File Number I
Applicant Client File Number:
1-257
J r , .
LRO # 51 Application To Register Bylaw Receipted as SC277374 on 20041029 at 15:32
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 8
I Properties I
PIN 74057-0193 LT Estate/Qualifier Fee Simple Absolute o Affects Part of Prop
Description PART OF PCL STREETS-1 SEC M31; PART OF ONEIDA AVENUE, BEING PARTS 12 &
13 ON PL 51R-33065, PL M31 ORO; ORO-MEDONTE
Address ORO-MEDONTE
I Applicant(s) I
This Order/By-law affects the selected PINs.
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service Box 100, Oro, ON LOL 2XO
This document is being authorized by a municipal corporation J. NEIL CRAIG, Mayor and MARILYN PENNYCOOK, Clerk.
This document is not authorized under Power of Attorney by this party.
I Statements I
This application is based on the Municipality By-Law No. 2004-120 dated 2004/10/20.
Schedule: See Schedules
I Signed By I
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Applicant(s) Signed 20041029
Oro Station LOL 2EO
Tel 705-790-2677
Fax 7054870257
I Submitted By I
SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1 2004 1202
SERVICES INC Oro Station LOL 2EO
Tel 705-790-2677
Fax 7054870257
I Fees/Taxes/Payment I
Statutory Registration Fee $60.00
Total Paid $60.00
I File Number I
Applicant Client File Number: 1-257