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2006-105 To Permanently close and sell Part of the Original Road Allowance between Lots 10 and 11, Conc 7 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE . . BY-LAW NO. 2006-105 A By-law to permanently close and sell Part of the Original Road Allowance between Lots 10 and 11, Concession 7 (PIN#58523-0002(Lt), (geographic Township of Medonte), Township of Oro-Medonte more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, 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 original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, 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 original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro- Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe to be surplus to the needs of the municipality; AND WHEREAS Council has formally received and considered one notice of objection to the proposed road closure and sale of land; 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 between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R- 34651, (geographic Township of Medonte), 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 1st day of November, 2006, and at that time Council formally received and considered one objection to the proposed By-law. 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 original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), 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 original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe to the registered owners from time to time of the abutting lands as follows and that the transferred lands merge with those lands owned by the respective abutting owners: Owner Part 3, 51 R-18486 (PIN#58524-0077(Lt) David John Dahinten and Jennifer Lynn Dahinten Land to be Transferred Part 1,51 R-34651 Part 2,51 R-18486 (PIN#58524-0076(Lt) Paul Robert Patchell Part 4,51 R-34651 3. Sale Price -In accordance with By-law 2003-125, as amended,Council hereby sets the sale price for part of the original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), 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 1ST DAY OF NOVEMBER, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF NOVEMBER, 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE -~~ ~r, J. Neil Craig ~ Schedule "A" to By-law No. 2006-105 for The Corporation of the Township of Oro-Medonte Part of the original road allowance between Lots 10 and 11, Concession 7 (PIN#58523- 0002(U), (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe. Schedule "8" to By-law 2006-105 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 original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte (PIN#58523- 0002(Lt), more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), 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: Part of the original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro- Medonte (PIN#58523-0002(Lt), more particularly described as Parts 1 and 4, Registered Plan 51R-34651, (geographic Township of Medonte), 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 part of the original road allowance between Lots 10 and 11, Concession 7 (geographic Township of Medonte), Township of Oro-Medonte, more particularly described as Parts 1 and 4, Registered Plan 51 R-34651, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, described in the said Notice was published in the Barrie Examiner and the Orillia Packet and Times on October 27, 2006. 5. The By-law for the sale of the subject lands came before the Municipal Council at its regular meeting on the 1st day of November, 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 ~day of ,j~~ 2006. : ~~"~J ) . Douglas In, erk Township dtOro-Medonte Schedule "C" to By-law 2006-105 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 "An 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 15t day of November, 2006 at 6:00 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 hislher land will be prejudicially affected by the By-law. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 25th DAY OF OCTOBER 2006. Doug Irwin, Clerk SCHEDULE "A" Part of Lot 11, Concession 7 and Part of the Original Road Allowance between Lots 10 and 11, Concession 7 (Geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, more particularly described as Parts 1, 2, 3 and 4 on Registered Plan 51 R-34651. / /' // /-,/ .~.~,. //,.../~, ./ /\ "\ /',,, ~ \\ / 1\\\ :, // ,../\, "y' ,/,A \ )/ ~,/ :' \v')'/ / . \.-/ / " \ /"//;/ .' ,\". \'\... "\\ ,/ / \. -., \. // ::-.-.~~\ \ / ..,..'" ./,______-J ---\ ,. ,/ ,/ ~ /" \. rt'l:.o' // \ ,J ..~/ \ ,~/// , ! .,/~/( \,i /. " / " " \, , ! ; ....L '\ .., \ f "I, I ~ ~ I ~ LRO # 51 Application To Register Bylaw The applicant(s) hereby applies to the Land Registrar. I Properties PIN Receipted as SC496998 on 2006 11 10 yyyy mm dd at 14:33 Page 1 of 6 Description 58523 - 0002 L T PT RDAL BTN LTS 10 & 11 CON 7 MEDONTE BEING PTS 1 AND 4 PL 51 R-34651; ORO-MEDONTE ORO-MEDONTE [71 Affects Part of Prop Address I Applicant(s) 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 J. DOUGLAS IRWIN, 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. 2006-105 dated 2006/11/01. Schedule: See Schedules I Signed By Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 Oro Station LOL 2EO acting for Applicant(s) Signed 20061110 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 20061110 I FeesITaxes/Payment Statuto!}' Registration Fee $60.00 Total Paid $60.00 I File Number Applicant Client File Number: 1-522