2002-040 To stop up, close and sell the origianl road allowance between Lots 15 and 16, Concession 3
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-40
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A By-law to stop up, close and sell the original road allowance between Lots
15 and 16, Concession 3 (Geographic Township of Oro), Township of Oro-
Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632.
WHEREAS pursuant to Section 297 of the Municipal Act, R.5.0. 1990, c.MAS, as
amended, Council is empowered to stop up and close any part of a highway;
AND WHEREAS pursuant to Section 315 of the Municipal Act, R.5.0. 1990, c.MA5, as
amended, Council is empowered to sell any part of a highway which is legally stopped
up and closed;
AND WHEREAS, the original road allowance between Lots 15 and 16, Concession 3
(Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe,
designated as Part 1, 2 and 3, Plan SlR-30632, more particularly described in Schedule
"Aft attached hereto and forming part of this By-law, is no longer required for municipal
purposes;
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AND WHEREAS the Municipal Act, R.5.0. 1990, c.MAS, sections 191 and 193, as
amended, authorize a Council of a municipality to dispose of surplus real property in
accordance with the provisions of a by-law passed by the Council, establishing
procedures governing the sale of such property;
AND WHEREAS Council passed By-law No. 1996-35 on the 17th day of April, 1996,
being a By-law to establish procedures to provide for the disposal of real property
within the Township of Oro-Medonte, pursuant to Section 193(2) of the Municipal Act,
R.5.0. 1990, c.MAS, as amended;
AND WHEREAS Council has previously caused notice of its intention to stop up, close
and sell the lands described in Schedule "Aft attached to be given, in accordance with
the requirements of Section 300 of the Municipal Act, and the requirements set out in
By-law 1996-35;
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AND WHEREAS Council has determined that the said road is not required for
municipal purposes, and has by resolution declared the original road allowance between
Lots 15 and 16, Concession 3 (Geographic Township of Oro), Township of Oro-
Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632, more
particularly described in Schedule "Aft attached hereto, to be surplus to the municipality;
AND WHEREAS, Council has received no notice of objection to the proposed property
disposal from any party;
AND WHEREAS pursuant to Section 300 of the Municipal Act, R.S.O. 1990, c.MAS, as
amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to stop up, close and sell the original road allowance between Lots 15
and 16, Concession 3 (Geographic Township of Oro), Township of Oro-Medonte, County
of Simcoe, designated as Part 1, 2 and 3, Plan SlR-30632, to be published for four
consecutive weeks in newspapers of local circulation, and did cause such Notice to be
posted up for at least one month in six of the most public places in the immediate
neighbourhood of the said road;
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AND WHEREAS pursuant to Section 297(6) of the Municipal Act, R.5.0. 1990, c.MAS,
as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of Proposed
By-law to be sent to the Clerk of the County of Simcoe and has received no notice of
objection to same;
AND WHEREAS the proposed By-law came before Council of The Corporation of the
Township of Oro-Medonte for consideration at its regular meeting on the 13th day of
April 2002, and at that time no person objected to the proposed By-law nor claimed
that his land would be prejudicially affected.
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NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1.
Stop Up and Close - Council does hereby stop up and close the original road
allowance between Lots 15 and 16, Concession 3 (Geographic Township of Oro),
Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan
51R-30632, more particularly described in Schedule "A" attached hereto and
forming part of this By-law.
2. The Clerk shall, by notice in writing sent by Registered and regular mail, offer to
sell the lands described in Schedule "A" attached hereto and forming part of this
By-law to the owners of the abutting lands in accordance with Section 315 of the
Municipal Act, R.5.0. 1990 c.MA5, as amended. In the event that the owners of
the lands abutting the lands described in Schedule "A" attached hereto and
forming part of this By-law do not exercise their right to purchase within 30 days
from the date of posting of the said Notice of Offer to Sell, the Offer to Sell shall
lapse, and The Corporation of the Township of Oro-Medonte may proceed to sell
the land that the abutting owner had the right to purchase to any other person
at the sale price set by Council.
3.
Authorization of Sale - Council does hereby authorize the sale of the original
road allowance between Lots 15 and 16, Concession 3 (Geographic Township of
Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2 and
3, Plan 51R-30632, as described in Schedule "A" attached hereto, to the
registered owner from time to time of the land described as West Part of Lot 16,
Concession 3 (Geographic Township of Oro), Township of Oro-Medonte, County
of Simcoe.
4. Sale Price - In accordance with Section 315 of the said Municipal Act, Council
hereby sets the sale price for the original road allowance between Lots 15 and
16, Concession 3 (Geographic Township of Oro), Township of Oro-Medonte,
County of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632, as described
in Schedule "A" attached hereto at a consideration of $2250.00.
5. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law.
6.
Clerk's Affidavit -Schedule "B" 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 and posting of
the said Notice pursuant to the provisions of the Municipal Act.
BY-LAW READ A FIRST AND SECOND TIME THIS 17TH DAY OF APRIL 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF
APRIL, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~'kC
ayor, J. Neil ~
Schedule "A"
to By-law No. 2002-040 for The Corporation of the Township of Oro-Medonte
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The original road allowance between Lots 15 and 16, Concession 3 (Geographic
Township of Oro), West of R0702568, Township of Oro-Medonte, County of Simcoe,
designated as Part 1, 2 and 3, Plan 51R-30632, PIN # 58542-0078 (Lt).
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Schedule "B"
to By-law 2002-040 for The Corporation of the Township of Oro-Medonte
PROVINCE OF ONTARIO, COUNTY OF SIMCOE,
IN THE MATTER of the stopping up, closing,
and selling, of the original road allowance
between Lots 15 and 16, Concession 3
(Geographic Township of Oro), Township of
Oro-Medonte, County of Simcoe, designated as
Part 1, 2 and 3, Plan 51R-30632
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 Section 300 of the Municipal Act, R.5.0. 1990, c.MAS, and
amendments thereto, I did cause to be published in the Barrie Examiner, The
Orillia Packet and Times and the Midland Free Press newspapers of local
circulation, a Notice of the proposal by The Corporation of the Township of Oro-
Medonte to pass a By-law to stop up, close and to sell the original road
allowance between Lots 15 and 16, Concession 3 (Geographic Township of Oro),
Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan
SlR-30632 described in the said Notice.
3.
Posting
Pursuant to the said Section 300, I did cause a Notice of the said proposal to be
posted up for at least one month in six of the most public places in the
immediate neighbourhood of the said portions of road.
4.
COpy of Notice
Attached to this my Affidavit as Exhibits "A" and "B" is a copy of the actual
Notice as it appeared in the Barrie Examiner, Orillia Packet and Times and the
Midland Free Press and as it was posted.
5.
Dates of Publication and Posting
The first publication was on the 11th day of January, 2002, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 1st day of
February 2002. The posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 11th day of January, and such
Notices remained on the sites for at least one month. Due to a cancellation of
the first published date of Council in the notice, a subsequent publication started
with the first publication on the 21st day of March, 2002, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 11th day of
April, 2002. The second posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 21st day of March, 2002.
6.
Service of County of Simcoe
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Pursuant to Section 297(6) of the said Municipal Act, I caused to be notified! in
writing, the Clerk of the County of Simcoe, Notice of the intention of the
Township of Oro-Medonte to pass the said By-law on the 20th day of June, 2001
and no Notice of Objection has been received by me from the Council of the
County of Simcoe.
7.
Council Meeting
The proposed By-law came before the Municipal Council at its regular meeting on
the 13th day of April! 2002, and at that time, no person or persons made any
claim that his land would be prejudicially affected by the By-law.
SWORN before me at the Township )
of Oro-Medonte, in the County of )
Simcoe, this 2J~ day of ~ 2002. )
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A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
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C9 THE BARRIE EXAMINER
Friday, January 25, 2002
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EXHIBIT IA_11 TO SCHEDULE B OF BY-LAW 2002-40
THl (OIrOAA T10f>.. \.)1 H~l
TOWN6lilP
rg/V-~~e;?M/};
NOTICE OF PROPOSED ROAD CLOSING AND
SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of
Oro-Medonte proposes to pass a By-law to stop up,
close and sell a portion of road in the Township of Oro-
Medonte, County of Simcoe, more particularly described
in Schedule "A" hereto.
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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 6th day of
March, 2002, at 7:00 o'clock p.m. and at that time Coun-
cil will hear in person or by his counsel, solicitor or
agent, any person who daims that his land will be preju-
dicially affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS
4TH DAY OF JANUARY, 2002.
Marilyn Pennycook, Clerk
Township of Oro-Medonte
SCHEDULE "A"
It
Part of the original road allowance between Lots 15 and
16, Concession 3 in the geographic Township of Oro, in
the Township of Oro-Medonte, in the County of Simcoe,
designated as Parts 1. 2 and 3 on Registered Plan 51 R-
30632.
UlIIlIIIIlII Indicates Subject Road Allowance
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THURSDAY, APRIL 11,2002
THE PACKET & TIMES
EXHIBIT 'A-2' TO SCHEDULE B OF BY-LAW 2002-40
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TIlE CORPORATION OF'JHE
TOWN&fIIP
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NOTICE OF PROPOSED ROAD CLOSING
AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township
of Oro-Medonte proposes to pass a By-law to stop
up, close and sell a portion of road in the Township of
Oro-Medonte, County of Simcoe, more particularly
described in Schedule "A" hereto.
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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 17th day of April, 2002, at 7:00 o'clock 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.
DATED AT THE TOWNSHIP OF ORO-MEDONTE
THIS 19TH DAY OF MARCH, 2002.
Marilyn pennycook, Clerk
Township of Oro-Medonte
SCHEDULE "A"
Part of the original road allowance between Lots 15
and 16, Concession 3 in the geographic Township of
Oro, in the Township of Oro~Medonte, in the County
of Simcoe, designated as Parts 1, 2 and 3 on
Registered Plan 51 R-30632.
IIlIilIDIfiUlIlfifim Indicates Subject Road Allowance
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EXHIBIT" B-1" TO SCHEDULE B OF BY-LAW 2002-40
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING
AND SALE BY-LAW
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TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law to stop up, 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 6th day of March, 2002, at
7:00 o'clock 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.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 4TH DAY OF
JANUARY,'2002. . () I
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Marilyn ennycook, Clerk
tit Township of Oro-Medonte
SCHEDULE "A"
Part of the original road allowance between Lots 15 and 16, Concession 3 in the
geographic Township of Oro, in the Township of Oro-Medonte, in the County of
Simcoe, designated as Parts 1,2 and 3 on Registered Plan 51 R-30632.
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EXHIBIT 'B-2' TO SCHEDULE B OF BY-LAW 2002-40
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING
AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law to stop up, 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 17th day of April, 2002, at
7:00 o'clock 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.
DATED AT THE TOWNSHIP OF ORO-MEDONT...E ~H IS 1.9th DA..Y.OFJJ
MARCH, 2002. ~ iJ Q.. ~ . I
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Marilyn Pennycook, Clerk J
tit Township of Oro-Medonte
SCHEDULE "A"
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Part of the original road allowance between Lots 15 and 16, Concession 3 in the
geographic Township of Ora, in the Township of Oro-Medonte, in the County of
Simcoe, designated as Parts 1, 2 and 3 on Registered Plan 51 R-30632.
1111111111111 Indicates Subject Road Allowance
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