Loading...
2000-082 . . ~ .~.. ~. .' THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2000-82 A By-law to stop up, close and sell Part of the original road allowance between Lots 45 & 46, Concession 1 W.P.R. and part of Lots 45 & 46, Concession 1 W.P.R., in the geographic Township of Flos, in the Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-29349 WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O. 1990, c.MA5, as amended, Council is empowered to stop up and close any part of a highway; AND WHEREAS pursuant to Sections 297 and 315 of the said Municipal Act, Council is empowered to sell any part of a highway which is legally stopped up and closed; AND WHEREAS, Part of the original road allowance between Lots 45 & 46, Concession 1 W.P.R. and part of Lots 45 & 46, Concession 1 W.P.R. more particularly described in Schedule "A" attached hereto, is no longer required for municipal purposes; AND WHEREAS pursuant to Section 300 of the said Municipal Act, the Clerk of the Township ofOro-Medonte did cause a Notice of the proposed By-law to stop up, close and sell Part of the original road allowance between Lots 45 & 46, Concession 1 W.P.R. and part of Lots 45 & 46, Concession 1 W.P.R., in the geographic Township of Flos, in the Township of Oro-Medonte, County of Simcoe, designated as Parts land 2, Plan 51R-29349 to be published for four consecutive weeks in a newspaper 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 said Municipal Act, 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 by registered mail and has received no notice of objection to same; AND WHEREAS the Municipal Act, R.S.O. 1990, c.MA5, 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 1 ih 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.MA5, 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 the original road allowance between Lots 45 & 46, Concession 1 W.P.R. and part of Lots 45 & 46, Concession 1 W.P.R., in the geographic Township of Flos, in the Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-29349, more particularly described in Schedule "A" 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; . . .. ~ ' -2- 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 4th day of October, 2000, 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 ofOro-Medonte hereby enacts as follows: 1. Stop Up and Close - Council does hereby stop up and close Part of the original road allowance between Lots 45 & 46, Concession 1 W.P.R. and part of Lots 45 & 46, Concession 1 W.P.R., in the geographic Township of Flos, in the Township of Oro- Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-29349, more particularly described in Schedule "A" attached hereto. 2. Authorization of Sale - Council does hereby authorize the sale of the said lands described in Schedule "A" attached hereto as follows: a) Part 1 on Plan 51R-29349 to the registered owner from time to time of the land described as Concession 1, OS, Part Lots 46 & 47, East of Hwy. 400, Part 2, RP 51R-14812; b) Part 2 on Plan 51R-29349 to the registered owner from time to time of the land described as Concession 1, OS, East Part Lot 45. 3. Sale Price - In accordance with Section 315 of the said Municipal Act, this Council hereby sets the sale price for the said lands described in Schedule "A" attached hereto as follows: a) Part 1 on Plan 51R-29349 at a consideration of$1,675.00; b) Part 2 on Plan 51R-29349 at a consideration of$1,675.00. 4. The Clerk shall, by notice in writing sent by registered and regular mail, offer to sell the lands described in Schedule "A" attached hereto to the owners of the abutting lands in accordance with Sections 3 and 4 of this By-law. In the event that the owners of the lands abutting the lands described in Schedule "A" attached hereto 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 out under paragraph 3 of this By-law, or at a greater price. -3- 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 - Attached as Schedule "B" to this By-law is an Affidavit of Vicki 1. Robertson, Acting 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, and the provisions of By-law 1996-35. By-law read a first and second time this 4th day of October 2000. By-law read a third time and finally passed this 4th day of October 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~ -e'" - - n;rl Mayor, Ian Beard l\t c]L Acting Clerk, Vicki Robertson . Schedule "A" to By-law No. 2000-S2for The Corporation of the Township ofOro-Medonte . Part of the original road allowance between Lots 45 & 46, Concession 1 W.P.R. and part of Lots 45 & 46, Concession 1 W.P.R., in the geographic Township of Flos, in the Township of Oro- Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51 R-29349 . Schedule "B" to By-law 2000- 8:for The Corporation of th.e Townsh.ip of Oro-Medonte PROVINCE OF ONTARIO ) ) ) ) ) IN THE MATTER of the stopping up, closing, and selling, of Part of the original road allowance between Lots 45 & 46, Concession I W.P .R. and part of Lots 45 & 46, Concession 1, W.P.R., in the geographic Township ofFlos, in the) Township ofOro-Medonte, County of Simcoe,) designate.d as Parts I and 2, Plan 51R-29349. . COUNTY OF SIMCOE AFFIDAVIT I, Vicki I. Robertson, of the Township ofOro-Medonte in the County of Simcoe, make oath and say as follows: 1. The Deponent I am the Acting Clerk of The Corporation of the Township ofOro-Medonte, and as such have knowledge of the facts hereinafter deposed of. 2. Publication Pursuant to Section 300 of the Municipal Act, RS.O. 1990, c.MA5, and amendments thereto, I did cause to be published in the Barrie Examiner, a newspaper 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 the original road allowance between Lots 45 & 46, Concession 1 W.P.R and part of Lots 45 & 46, Concession 1 W.P.R., in the geographic Township ofFlos, in the Township ofOro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-29349, 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 and as it was posted. 5. Dates of Publication and Posting The first publication was on the1st day of September 2000, and it continued thereafter for 4 consecutive weeks, the last publication being on the 22nd day of September 2000. The posting in six of the most public places in the immediate neighbourhood of the said road took place on the 29th day of August 2000, and such Notices remained on the sites for at least one month. . 6. Service of County of Simcoe Pursuant to Section 297(6) of the said Municipal Act, I caused to be served by registered mail to 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 4th day of October, 2000 and no Notice of Objection has been received by me from the Council of the County of Simcoe. . 7. The Notice of the proposal by The Corporation of the Township ofOro-Medonte to pass a by-law to stop up, close and sell the said road was given in accordance with the requirements of By-law No. 1996-35. 8. Council Meeting The proposed By-law came before the Municipal Council at its regular meeting on the 4th day of October 2000, and at that time, no person or persons made any claim that his land would be prejudicially affected by the By-law, nor did any person apply to be heard. SWORN before me at the Township Of Oro-Medonte, in the County of Simcoe, this 4th day of October, 2000. ) ) ) ---1~ -i~ A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. . EXHIBIT "A" . . 705 726 541 ~ _..~....:-..""- 1~ !~'- Ylr N ~ '-i Ii) '..J \Y . ~'; 1. 1 r;;.:~ ::~#;';;,?y;;~. THE CORPORATION OF THE TOWNSHIP OF ORo..MEDONTE NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW TAKE NOTICE that Tl1e Corporation 01 the Township 01 Oro-MeOor'lte proposes to pass a By-law !Q slOP up, close lind tell a portion of road In the TOWn5hip of Oro-Medonte (formerly Township of Oro), County of Simcoe, more particularly described In Schedule 'K hereto. AND FURTHER TAKE NOTICe Ihat the proposed By-law will COn'le belore the Council of The Corporation of the Township of Oro-Madonle at ile regular meeting 10 be held at the Council Chamber6 on the 41h day of October, 2000 at 7:00 o'clock p.m. and al that time Council wil hear In person or by their couneel, solicitor or agent, any person who claims that their lanel will be prejudiclelly af- fected b)l Ins By-law. DATeD A1' THE TOWNSHIP OF OAO-MEOONATE THIS 28TH DAY OF AUGUST. 2000. . VICKI f. ROBERTSON ACTING CLERK TOWNSHIP OF ORO-MEDONTE ~EDUlEUA" F>art ollhe original road allowance between Lots 45 & 46 Concession 1 W.P.R., (geographic TownshIp of Flos), Township olOro-Medonle, County of Simcoe. designaled as Parts 1 and 2. Plan 51R29349. ./--- f ~.;~~ ~""""'" ...- -C(IW . ,..'(;" /--- r :: L..... rf]a !tf , \ I' ., e EXHIBIT "B" e THE CORPORATION OF THE Box 100 Oro, Ontario LOl 2XO Telephone (705) 487-217 j TOWN&tIID r9/V-O"~eab/2h Fax (705) 487-0133 . 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 (formerly Township of Oro), 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-Medonteat its regular meeting to be held at the Council Chambers on the 4th day of October, 2000 at 7:00 o'clock p.m. and at that time Council will hear in person or by their counsel, solicitor or agent, any person who claims that their land will be prejudicially affected by the By-law. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 28TH DAY OF AUGUST, 2000. VICKI I. ROBERTSON, ACTING CLERK TOWNSHIP OF ORO-MEDONTE SCHEDULE "A" Part of the original road allowance between Lots 45 & 46, Concession 1 W.P.R., (geographic Township of Flos), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51 R29349. . -001-02600 CON. J" LOT 46 -A~..~ -001-02000 :--CON.c_l - LO'f-'45 001 001 001 "------