2006-006 To Permanently close and sell Part of the Road Allowance known as Myrtle Avenue
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2006-006
A By-law to permanently close and sell Part of
the Road Allowance known as Myrtle Avenue, Registered Plan 626
(geographic Township of Oro), Township of Oro-Medonte,
Parts 1 and 2, 51 R-34040, 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,
empowers municipalities to permanently close a highway after giving notice to the
public;
AND WHEREAS part of the road allowance known as Myrtle Avenue, Registered Plan
626 (geographic Township of Ora), Township of Oro-Medonte, more particularly
described as Parts 1 and 2, 51 R-34040, Township of Oro-Medonte, County of Simcoe,
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 hereto, 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 road allowance known as Myrtle
Avenue, Registered Plan 626 (geographic Township of Ora), Township of Oro-Medonte,
more particularly described as Parts 1 and 2, 51 R-34040, Township of Oro-Medonte,
County of Simcoe, 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 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 road allowance known as
Myrtle Avenue, Registered Plan 626 (geographic Township of Ora), Township of Oro-
Medonte, more particularly described as Parts 1 and 2, 51 R-34040, Township of Oro-
Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy
of which is attached as Schedule "C" to 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 18th day of January,
2006, 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. Permanentlv Close - Council does hereby permanently close part of the road
allowance known as Myrtle Avenue, Registered Plan 626 (geographic Township
of Ora), Township of Oro-Medonte, more particularly described as Parts 1 and 2,
51 R-34040, Township of Oro-Medonte, County of Simcoe, as described in
Schedule "A" attached hereto, and forming part of this By-law.
2. Authorization of Sale (Transfer) - Council does hereby authorize the sale of part
of the road allowance known as Myrtle Avenue, Registered Plan 626 (geographic
Township of Ora), Township of Oro-Medonte, more particularly described as Part
1, 51 R-34040, Township of Oro-Medonte, County of Simcoe, to the registered
owner from time to time of the lands described as Lots 72 and 73, Plan 626, PIN
#58561-0158 (Ll).
3. Authorization of Sale (Transfer) - Council does hereby authorize the sale of part
of the road allowance known as Myrtle Avenue, Registered Plan 626 (geographic
Township of Oro), Township of Oro-Medonte, more particularly described as Part
2, 51 R-34040, Township of Oro-Medonte, County of Simcoe, to the registered
owner from time to time of the lands described as Lot 71, Plan 626, PIN
#58561-0157 (Ll).
4. Sale Price - In accordance with By-law 2003-125, as amended, Council hereby
sets the sale price for part of the road allowance known as Myrtle Avenue,
Registered Plan 626 (geographic Township of Oro), Township of Oro-Medonte,
more particularly described as Part 1, 51 R-34040, Township of Oro-Medonte,
County of Simcoe, described in Schedule "A" attached hereto, at a consideration
of $10,000.00.
5. Sale Price -In accordance with By-law 2003-125, as amended, Council hereby
sets the sale price for part of the road allowance known as Myrtle Avenue,
Registered Plan 626 (geographic Township of Ora), Township of Oro-Medonte,
more particularly described as Part 2, 51 R-34040, Township of Oro-Medonte,
County of Simcoe, described in Schedule "A" attached hereto, at a consideration
of $3,100.00.
6. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law.
7. Certificate of Compliance - Schedule "B" attached hereto and forming part of this
By-law is a Certificate of Compliance 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; a copy of the said Notice as it appeared attached hereto as Schedule "C",
and forming part of this By-law.
BY-LAW READ A FIRST AND SECOND TIME THIS 18TH DAY OF JANUARY, 2006.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF
JANUARY, 2006.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~~ ~6.i7
r, J. Neil Craig
/~
Schedule "A"
to By-law No. 2006-006 for
The Corporation of the Township of Oro-Medonte
Part of the road allowance known as Myrtle Avenue, Registered Plan 626 (geographic
Township of Oro), Township of Oro-Medonte, more particularly described as Parts 1
and 2, 51 R-34040, Township of Oro-Medonte, County of Simcoe.
, .
'.
Schedule "B"
to By-law 2006-006
for The Corporation of the Township of Oro-Medonte
CERTIFICATE OF COMPLIANCE
IN THE MATTER of the sale of land designated as Part of
the road allowance known as Myrtle Avenue, Registered
Plan 626 (geographic Township of Oro), Township of
Oro-Medonte, more particularly described as Parts 1 and
2, 51 R-34040, Township of Oro-Medonte, County of
Simcoe.
I, Marilyn Pennycook, Clerk of the Township of Oro-Medonte in the County of Simcoe,
certify to the best of my knowledge and belief that:
1. The Corporation of the Township of Oro-Medonte enacted 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, 2001, S.O. 2001, c.25, as amended.
2. By-law No, 2003-125 was in effect at the time the Corporation of the Township of
Oro-Medonte passed the resolution declaring as surplus to the needs of the
municipality, the lands described as:
Part of the road allowance known as Myrtle Avenue, Registered Plan
626 (geographic Township of Oro), Township of Oro-Medonte, more
particularly described as Parts 1 and 2, 51 R-34040, Township of Oro-
Medonte, County of Simcoe.
3. An appraisal of the fair market value of the surplus lands was obtained.
4, A Notice of the proposal by The Corporation of the Township of Oro-Medonte to
pass a By-law to sell land designated as Part of the road allowance known as
Myrtle Avenue, Registered Plan 626 (geographic Township of Oro), Township of
Oro-Medonte, more particularly described as Parts 1 and 2, 51 R-34040,
Township of Oro-Medonte, County of Simcoe was published in the Barrie
Examiner and the Orillia Packet and Times on January 7, 2006 and the Midland
Free Press on January 11, 2006.
5. The By-law for the sale of the subject lands came before the Municipal Council at
its regular meeting on the 18th day of January 2006, and at that time, no person
or persons made any claim that his land would be prejudicially affected by the
By-law.
Dated at the Township )
of Oro-Medonte, in the County of )
Simcoe, this Wrlfday of :li..1<1 2006. )
~~
Paul A. Gravelle, a Commissioner while
Treasurer for the Corporation of the Township
of Oro-Medonle, Counly of Simcoe, Province
of Ontario, Canada
r
Schedule "C"
to By-law 2006-006
for The Corporation of the Township of Oro-Medonte
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSURE SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law to permanently close and sell a portion of road in the Township
of Oro-Medonle, 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 Corporation of the Township of Oro-Medonte at its regular
meeting to be held at the Council Chambers on the 18th day of January, 2006 at
7:00 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. Persons wishing 10 appear before Council are to notify the Clerk prior to
January 12, 2006. Comments may also be submitted, in writing, to the Clerk prior
to January 18, 2006.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 4~h DAY OF JANUARY,
2006.
Marilyn Pennycook, Clerk
SCHEDULE "A"
Part of the road allowance known as Myrtle Avenue, within Registered Plan 626,
described as Parts 1 and 2, Plan 51 R-34040.
LAKE SIMCOE
LRO # 51 Application To Register Bylaw
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
Receipted as SC406001 on 2006 01 23
yyyy mm dd
at 11:48
Page 1 of 6
Description
Address
58561 - 0168 LT
PT MYRTLE AV PL 626, BEING PTS 1&2, PL 51R-34040, ORO; ORO-MEDONTE
MYRTLE AVENUE
ORO-MEDONTE
Affects Parl of Prop
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 2LO
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. 2006-006 dated 2006/01/18.
Schedule; See Schedules
I Signed By
Shirley Joy Partridge
168 Lakeshore Rd. W. RR#1
Ora Station LOL 2EO
acting for Applicant(s)
Signed
2006 01 23
Tel 705-790-2677
Fax 7054870257
I Submitted By
SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1
SERVICES INC Ora Station LOL 2EO
Tel 705-790-2677
Fax 7054870257
2006 01 23
I Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00
I File Number
Applicant Client File Number:
1-410