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2004-105 To Permanently Close and sell (transfer) part of Iroquois Ridge, Registered Plan M-9 Part 24, 25 and 26, Plan 51R-33071 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-105 A By-law to permanently close and sell (transfer) part of Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte more particularly described as Parts 24, 25 and 26, Plan 51 R-33071, 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 pursuant to Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowered to permanently close a highway after giving notice to the public; AND WHEREAS a part of Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24,25 and 26, Plan 51 R-33071, 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24,25 and 26, Plan 51 R-33071, 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24,25 and 26, Plan 51 R-33071, 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 6th 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro- Medonte, more particularly described as Parts 24, 25 and 26, Plan 51 R-33071 , 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24,25 and 26, Plan 51 R-33071, Township of Oro-Medonte, County of Simcoe, subject to easements for utilities over Parts 24,25, 26, 51 R-33071 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 118, 119 and 120, Plan M-9, 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24,25 and 26, Plan 51 R-33071, 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 6TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF OCTOBER, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Schedule "A" to By-law No. 2004-105 for The Corporation of the Township of Oro-Medonte Part of Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24, 25 and 26, Plan 51 R-33071 , Township of Oro-Medonte, County of Simcoe subject to easements for utilities over Parts 24, 25, 26, 51 R-33071 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 24, Plan 51 R-33071 subject to Lot 118, Plan M-9 easements for utilities in favour of Bell Canada and the Township of Oro-Medonte Part 25, Plan 51 R-33071 subject to Lot 119, Plan M-9 easements for utilities in favour of Bell Canada and the Township of Oro-Medonte Part 26, Plan 51 R-33071 subject to Lot 120, Plan M-9 easements for utilities in favour of Bell Canada and the Township of Oro-Medonte Schedule "C" to By-law 2004-105 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24, 25 and 26, Plan 51 R-33071, 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 Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24, 25 and 26, Plan 51 R-33071, 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 1 st day of October, 2004. 5. Council MeetinQ The proposed By-law came before the Municipal Council at its meeting on the 6th 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 of 2004. ) A CCJMdSi~ER FO~~~G AFFIDAVITS, HC Andria Laura Leigh, a Commissioner, etc" County of Simcoe, For the Township of Oro-Medonte. Expires April 8, 2007 Exhibit "A" of Schedule "e" to By-Law 2004-105 ,-'-'i_", ". . ". . ......... ...:,5 11IECQRP()RATIQNOF.ttm..... ... T......()..;W.........N~.......~~.I1>I.....IJ ~o~~ tHE CQRJ>>QRA TeION OF THE TOWNSHu>(jFOR()~MEDONTE ...... NOl1~oF'PR()PO$,E~ PERMANENT ROAD CLOSING;tND'SALE BY~LA W . . . .' . ... ," -,..,",:. C".' .... ""., _' .' "; _' TAKJ:~()nCE~ttbeCoIporationoftbeTownship of OnrMedcmte propQses.to pass:a By-lawtopcnnanentJy close and sella portion ofroadin tbeTownshipofOro- Medontc! CountY of Simcoe, more particularl)' described in Schedule "A" hereto. AND FURTHER TAKI!: NOTICE that the proposed By,lawwillcome before the CouncilofTheCoIporation.ofthe Township ofOro-t\1edonte at its regular meeting to be held'lItth~GouncilCbainQers on the 6IJ1dayof9ct~~erat,7:00o,'c10~kp.m. and at that : time to~cilwilihe8tinpe;'son or by his counsel;~li~~t0!9ragent;any personwpo cla~~atN~JIW~~ill1>eprejudjciall~affe~~d1:>yili~~y:~a~. ..tomme~ts may also be sublri1ti#!;iiiwrlthig,Jo.tbeClerk priortdOdoberSIJ1; 2004. . .. . ' DA TED A T THE )'()WNSHIP OF ORO-MEDC>NTE THIS 29th DAY OF SEPTEMBER, 2004. .t LRO # 51 Application To Register Bylaw Receipted as SC288045 on 20041203 yyyy mm dd at 09:58 The applicant(s) hereby applies to the Land Registrar, I Properties PIN Page 1 of 1 Description 74057 - 0188 L T Estate/Qualifier Fee Simple Absolute PART OF PCL STREETS-1 SEC M9; PART OF IROQUOIS RIDGE, BEING PARTS 24, 25 & 26 ON PL 51 R-33071, PL M9 ORO; ORO-MEDONTE ORO-MEDONTE Affects Part of Prop Address I Applicant(s) This Order/By-law affects the selected PINs. Name Address for Service THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Box 100, Ora, 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 This application is based on the Municipality By-Law No, 2004-105 dated 2004/10/06. Schedule: See Schedules I Signed By Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 Oro Station LOL 2EO acting for Applicant(s) Signed 20041203 Tel 705-790-2677 Fax 7054870257 I Submitted By SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1 SERVICES INC Oro Station LOL 2EO Tel 705-790-2677 Fax 7054870257 20041203 I Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 I File Number Applicant Client File Number: 1-256