2006-086 Permanently close and sell the road allowance known as Park Drive
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2006-086
A By-law to permanently close and sell
the Road Allowance known as Park Drive, Registered Plan 626
(PIN#74040-0257(Lt), (geographic Township of Ora), Township of Oro-Medonte
more particularly described as Parts 1 and 2, Registered Plan 51 R-34831,
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 the original road allowance know as Park Drive, Registered Plan 626,
(geographic Township of Oro), Township of Oro-Medonte, more particularly described
as Parts 1 and 2, Registered Plan 51 R-34831, 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 the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of Oro), Township of Oro-Medonte, more
particularly described as Parts 1 and 2, Registered Plan 51 R-34831, 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 the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of Oro), Township of Oro-Medonte, more
particularly described as Parts 1 and 2, Registered Plan 51 R-34831, 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 20th day of September,
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 . Permanently Close - Council does hereby permanently close the road allowance
know as Park Drive, Registered Plan 626, (geographic Township of Oro),
Township of Oro-Medonte, more particularly described as Parts 1 and 2,
Registered Plan 51 R-34831, 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 of part
of the road allowance know as Park Drive, Registered Plan 626, (geographic
Township of Oro), Township of Oro-Medonte, more particularly described as Part
1, Registered Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, to
the registered owner from time to time of the abutting lands described as Lots
356 and 357, Plan 626 (PIN#74040-0265(U). That title to the subject lands (Part
1 , 51 R-34831) merge with those lands owned by Nadine Popiuk.
3. Sale Price - In accordance with By-law 2003-125, as amended, Council hereby
sets the sale price for the road allowance know as Park Drive, Registered Plan
626, (geographic Township of Oro), Township of Oro-Medonte, more particularly
described as Part 1, Registered Plan 51 R-34831, 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. Certificate of Compliance - Schedule "B" attached hereto and forming part of this
By-law is a Certificate of Compliance of Douglas Irwin, 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 SEPTEMBER,
2006.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF
SEPTEMBER, 2006.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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~yor, J. Neil Craig . -
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Schedule "A"
to By-law No. 2006-086 for
The Corporation of the Township of Oro-Medonte
The road allowance know as Park Drive, Registered Plan 626, (geographic Township of
Oro), Township of Oro-Medonte, more particularly described as Parts 1 and 2,
Registered Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe (PIN#74040-
0257(U).
-.
Schedule "B"
to By-law 2006-086
for The Corporation of the Township of Oro-Medonte
CERTIFICATE OF COMPLIANCE
IN THE MATTER of the sale of land designated as
the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of
Ora), Township of Oro-Medonte, more particularly
described as Parts 1 and 2, Registered Plan 51 R-
34831, Township of Oro-Medonte, County of
Simcoe.
I, J. Douglas Irwin, 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:
The road allowance know as Park Drive, Registered Plan 626,
(geographic Township of Ora), Township of Oro-Medonte, more
particularly described as Parts 1 and 2, Registered Plan 51 R-34831,
Township of Oro-Medonte, County of Simcoe.
3. Section 268(8) of the Municipal Act, 2001, S.O. 2001, as amended, authorized
the exclusion of this land from appraisal.
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 the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of Oro), Township of Oro-Medonte,
more particularly described as Parts 1 and 2, Registered Plan 51 R-34831,
Township of Oro-Medonte, County of Simcoe, described in the said Notice was
published in the Barrie Examiner, the Orillia Packet and Times and the Midland
Free Press on September 8, 2006.
5. The By-law for the sale of the subject lands came before the Municipal Council at
its regular meeting on the 20th day of September, 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, thisdD"'1Jay ofSePr~&t2006.
\ ~/)~~
) ~o~lerk
Township of Oro-Medonte
"
Schedule "C"
to By-law 2006-086
for The Corporation of the Township of Oro-Medonte
\
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED PERMANENT ROAD CLOSING AND 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-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 Corporation of the Township of Oro-Medonte at its regular
meeting to be held at the Council Chambers on the 20th day of September, 2006
at 7:00 o'clock p.m. and at that time Council will hear in person or by his/her
counsel, solicitor or agent, any person who claims that his/her land will be
prejudicially affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS J'h DAY OF
SEPTEMBER 2006.
Doug Irwin, Clerk
SCHEDULE "A"
Part of Registered Plan No. 626 known as Park Drive, more particularly
designated as Parts 1 and 2, 51 R-34831, (geographic Township of Oro),
Township of Oro-Medonte.
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