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2001-076 . NOTE TO FILE August 21, 2002 Re: By-law Nos. 2001-76 and 2002-84 (Lakeview Boulevard, Plan 589), Lawyer K. Jacoby advised Clerk Marilyn Pennycook by telephone that the typo on the Registered Plan Number can be changed manually in pen from "15R" to "51 R" rather than with an amending By-law. . . if' THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2001-76 A By-law to stop up and close all of lakeview Boulevard, Registered Plan 589 (geographic Township of Oro), more particularly described as Parts 1 through 17 inclusive, Registered Plan ~R-30339, Township of Oro-Medonte, County of Simcoe. R 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 all of Lakeview Boulevard, Registered Plan 589 (geographic Township of Oro), more particularly described as Parts 1 through 17 inclusive, Registered Plan }SR- 30339, Township of Oro-Medonte, County of Simcoe, more particularly described m'l€' 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.5.0. 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 all of Lakeview Boulevard, Registered Plan 589 (geographic Township of Oro), more particularly described as Parts 1 through 17 inclusive, Registered Plan !8'R-30339, 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 all of Lakeview Boulevard, Registered Plan 589 (geographic Township~f Oro), more particularly described as Parts 1 th.rough 17 inclusive, Registered Plan }5R-30339, 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; 'I I ~. .. , J . . AND WHEREAS pursuant to Section 297(6) of the Municipal Act, R.S.O. 1990, c.M.4S, 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 all of Lakeview Boulevard, Registered Plan S89 (geographic Township of OI-9), more particularly described as Parts 1 through 17 inclusive, Registered Plan ~-30339, 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 31S of the Municipal Act, R.s.O. 1990 c.M.4S, 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. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 4. 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 22nd DAY OF August, 2001. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE , ) 1/ ia ILL- I) ,,~.'" .. Mayor, Ian eard . ,. , ~' r' . . Schedule "A" to By-law No. 2001-76 for The Corporation of the Township of Oro-Medonte All of Lakeview Boulevard, Registered Plan 589 (geographic Township of Oro), more particularly described as Parts 1 through 17 inclusive, Registered Plan ,.sR-30339, Township of Oro-Medonte, County of Simcoe \. . . - , . . " Schedule "B" to By-law 2001-76 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 all of Lakeview Boulevard, Registered Plan 589 (geographic Township of Oro), more particularly described as Parts 1 through 17 inclusive, Registered Plan 15R-30339, 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.M.45, 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 all of Lakeview Boulevard, Registered Plan 589 (geographic Township of Oro), more particularly described as Parts 1 through 17 inclusive, Registered Plan 15R-30339, 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 8th day of June 2001, and such Notices remained on the sites for at least one month. 1 of 2 ~ . . e ~. ,! 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. ) r~ Y}~~ A COMMISSIONER FOR TAKING AFFIDAVITS, ETe. 20f2 .,) - ,- . . EXHIBIT 'A' TO SCHEDULE 'B' OF BY-LAW NUMBER 2001-76 11IE CORfOMlION 01' 11IE . TOWN&fiIP ~~~~ THE CORPORATION OF THE 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 0 f 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 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, Marilyn pennycook, Clerk Township of Oro-Medonte SCHEDULE "A" : Part of the original road allowance known as all of . Lakeview Boulevard, Registered Plan 589, Township : of arc, more particularly described as Parts 1 through .17 inclusive, Registered Plan 15R30339, Township of 'Orc-Medonte, County of Simcoe, - .. . t'" . . EXHIBIT 'B' TO SCHEDULE 'B' OF BY-LAW NUMBER 2001-76 THE CORPORA TIONOF 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 ofOro-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 wh() 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 "'A"