2001-075 To stop up, close and sell Part of Shoreline Drive, Part of Lot 2, Plan 860, (geographic Township of Oro), designated as Part 2 on Plan 51R-3541
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2001-75
e
A By-law to stop up, close and sell Part of Shoreline Drive, Part of Lot 2, Plan
860, (geographic Township of Oro), designated as Part 2 on Plan 51R-3541,
Township of Oro-Medonte, County of Simcoe.
WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O. 1990, c.M.45, 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.M.45, as
amended, Council is empowered to sell any part of a highway which is legally stopped
up and closed;
AND WHEREAS, Part of Shoreline Drive, Part of Lot 2, Plan 860, (geographic
Township of Oro), designated as Part 2 on Plan 51R-3541, 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 the Municipal Act, R.5.0. 1990, c.M.45, 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 1ih 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.S.O. 1990, c.M.45, as amended;
AND WHEREAS Council has previously caused notice of its intention to stop up, close
and sell the lands described in Schedule "A" 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;
AND WHEREAS Council has determined that the said road is not required for
municipal purposes, and has by resolution declared Part of Shoreline Drive, Part of Lot
2, Plan 860, (geographic Township of Oro), designated as Part 2 on Plan 51R-3541,
Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule
"A" attached hereto and forming part of this By-law, 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.5.0. 1990, c.M.45, 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 Part of Shoreline Drive, Part of Lot 2, Plan
860, (geographic Township of Oro), designated as Part 2 on Plan 51R-3541, Township
of Oro-Medonte, County of Simcoe, 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;
AND WHEREAS pursuant to Section 297(6) of the Municipal Act, R.5.0. 1990, c.M.45,
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 22nd day of
August, 2001 and at that time no person objected to the proposed by-law nor claimed
that his land would be prejudicially affected.
.
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 Part of Shoreline
Drive, Part of Lot 2, Plan 860, (geographic Township of Oro), designated as Part
2 on Plan 51R-3541, Township of Oro-Medonte, County of Simcoe, 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.S.O. 1990 c.M.45, 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 Part 2 on Plan
51R-3541, as described in Schedule "A" attached hereto, to the registered owner
from time to time of the land described as Part 3 on Plan 51R-3541.
4. Sale Price - In accordance with Section 315 of the said Municipal Act, this
Council hereby sets the sale price for Part 2 on Plan 51R-3541 as described in
Schedule "A" attached hereto at a consideration of $2.00.
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 22ND DAY OF AUGUST 2001.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JltJq
2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.
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Mayor, Ian eard
Schedule "A"
to By-law No. 2001-75
for The Corporation of the Township of Oro-Medonte
.
Part of Shoreline Drive, Part of Lot 2, Plan 860, (geographic Township of
Oro), designated as Part 2 on Plan 51R-3541, Township of Oro-Medonte,
County of Simcoe.
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PLAN
AND FlEL.D NOTES OF SURVEY
OF LOT 2 AND PART OF LOT I, REG. PLAN 860
TOWNSHIP OF ORO
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COUNTY OF SIMCOE
SCALE I" = 50'
G. P. STONES Q,L,S,
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SCHE DULE
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LOT e. PLAN
PART LOTS I a 2 PLAN 860
PART LOT 2 PLAN 860
PART LOT 2 PLAN 860
AREA (ACRES)
0,690
0.0758
0,368 .
PLAN 51 R - _.:354J.......
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I)",. LANO IItEGIST.......-..OIVISION OF
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I REQUUIIE THIS "''-AN TO eE I)EPOSITEO UNDER "A,"" II o.;?.J RI:GISTfty
ACT. ~~
O~I;~ ;A'I:'~~74. .._;~:~~~5~:J:~;~-~~;;
CAUTION
"..,. "LAN I. HOT A ..UN 0" .U8DIV'a'ON WITHIN THIr ".ANING OF
Sa:CYION 28, :12 OR 3.\\ OF THE "LANNING ACT.
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NOTE:
8EARINGS ARE ASTRONOMIC DERIVEO FROM THE
NORTHER\.Y \.IMIT OF \.OTS I TO 13 INC\.USIVE
WHICH IS ASSUMEO TO 8E NS9'IS'E AS SHOWN
ON REG. P\.AN 860,
SURVEYOR'S CERTIFICATE
\ HEREB., C~IIt11,.., THAT:
( J) THIS sUJrvn AND "'LA,.. ARE CORRECT AND
IN ACCORDANCE WITH T"U: 8U"VEY6 ACT A.NO
THE RI!:GISTftY ACT AND THE REGULATIONS
MA.DE THEltEUNDER.
121 THESURVEVWASCOMptLETItDQNTHE 1!I'ft
DAY 0" JU\.Y. 197.. .._p::'~
ORIU-IA,ONT. O. P. STONES
JULY ".'974 ONTAI'IIO LAND SU","VEYOM
LEGEND
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DEARDEN & STANTON LTD.
ONTARIO LAND SURVEYORS
CONSlJl TlNG ENGINEERS
ORllLIA - ONTARIO
C-464
Schedule "B"
to By-law 2001-75
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 Part of Shoreline Drive, Part of Lot 2, Plan 860,
(geographic Township of Oro), designated as Part 2
on Plan 51R-3541, 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 Section 300 of the Municipal Act, R.S.O. 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 Part of Shoreline Drive,
Part of Lot 2, Plan 860, (geographic Township of Oro), designated as Part 2 on
Plan slR-3s41, Township of Oro-Medonte, County of Simcoe, 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 8th day of June 2001, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 29th day of
June, 2001. The posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 18th day of June 2001, and
such Notices remained on the sites for at least one month.
1 of 2
6.
Service of County of Simcoe
.
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 22nd day of August,
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 22nd day of August 2001, 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 22nd day of August 2001. )
p~ yU
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
.
20f2
EXHIBIT 'A' TO SCHEDULE 'B'
BY-LAW NUMBER 2001-75
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~9riC!'O'"PROP08EO~ROAO
: CL081NOAND SALE BY.LAW
TAKI NOTICI IhIIl Tho Corporllllon 0' tho 1()Wn.h~)
01 Oro.MtwSonlll propohalo pasa II By-law 10 Ilop up,
01010 and IOU II porllon 01 road In Itlc! Town.hlp 0 I
Oro.ModonlC), Counly of Simcoo, morel pmlleull1fty
described In Schedule "A" hereto,
AND FURTHER TAKE NOTICE that tho propoflod By.
law wJlJ come belore the Council of The Corporation ot
Ihe Township 01 Oro-Medonle al ils meeting 10 be held
al the Council Chambers on the 22nd day of August,
2001 at 7:00 o'clock p,m, and al thai time Council will
hear in person or by his counsel, solicitor or agenl, any
person who claims that his land will be prejudicially
affected by the By-law.
DATED AT THE TOWNSHIP OF OAO-MEDONTE
THIS 6th DAY OF JUNE, 2001,
Marilyn Pennycook, Clerk
Township 01 Oro-Medonte
SCHED~LE "An
Part 01 Ihe original road allowance known as Pari 01
Lot 2, Plan 860, Part 2 on Registered Plan 51A3541,
Township 01 Oro-Medonte (Oro), County 01 Simcoe.
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EXHIBIT 'B' TO SCHEDULE 'B'
TO BY-LAW NUMBER 2001-75
THE CORPORA TJON OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LA W
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 ofOro-
.. 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 meeting to be held at
the Council Chambers on the 22nd day of August, 2001 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 6th DAY OF JUNE, 2001.
SCHEDULE HA"
Part of the original road allowance known as part of Shoreline Drive, more particularly
known as Part of Lot 2, Plan 860, Part 2 on Registered Plan 51 R3 541, Township of Oro-
Medonte (Oro), County of Simcoe.
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