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1999-061 '.. e e ;1.- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 99-61 A By-law to stop up, close and seH part of the original road aHowance between Lots 15 & 16, Concession 10 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501. WHEREAS pursuant to Section 297 of the Municipal Act, RS.O. 1990, c.MA5, 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 that part of the original road allowance between Lots 15 & 16, Concession 10 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501, more particularly described in Schedule "A" attached hereto, is no longer required for municipal purposes; AND WHEREAS pursuant to Section 300 ofthe 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 the said original road allowance between Lots 15 & 16, Concession 10, (geographic Township ofOro), Township ofOro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501 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 Council passed By-law No. 96-35 on the 17th day of April, 1996, being a by- law to establish procedures to provide for the sale ofreal property owned by the Township of Oro-Medonte pursuant to Section 193 of the Municipal Act, as amended; AND WHEREAS notice of the sale of the said portion of road allowance was given in accordance with the requirements set out in By-law No. 96-35, and no notice of objection to the proposed sale was received; AND WHEREAS pursuant to Section 297(6) of the said Municipal Act, the Clerk ofthe Township ofOro-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 proposed by-law came before Council of The Corporation of the Township ofOro-Medonte for consideration at its regular meeting on the 16th day of June, 1999, 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. Council hereby declares that the lands described in Schedule "A" attached hereto are surplus to the needs of the Municipality. 2. Stop UP and Close - Council does hereby stop up and close that portion of the original road allowance between Lots 15 & 16, Concession 10, (geographic Township ofOro), Township ofOro-Medonte, (formerly Township ofOro), County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501, more particularly described in Schedule "A" attached hereto. 1.,1, -2- e 3. Authorization of Sale - Council does hereby authorize the sale of the said lands described in Schedule "A" as follows: (a) Part 1 on Plan 51R-28501 to the registered owner from time to time of the land described as the West Half of Lot 15, Concession 10. (b) Part 2 on Plan 51R-28501 to the registered owner from time to time of the land described as Part Lot 16, Concession 10, designated as Part 1, Plan 51R- 27110; 4. 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 to be as follows: (a) Part 1 on Plan 51R-28501 at a consideration of $2,400.00. (b) Part 2 on Plan 51R-28501 at a consideration of $2,400.00. 5. 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 ofthis 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 ofthe said Notice of Offer to Sell, the Offer to Sell shall lapse, and the Corporation of the Township ofOro-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 4 of this By-law, or at a greater price. 6. Clerk's Affidavit - Attached as Schedule "B" to this By-law is an Affidavit of Lynda Aiken, Clerk of The Corporation ofthe Township ofOro-Medonte, setting out the procedures taken for the publishing and posting ofthe said Notice pursuant to the provisions of the Municipal Act, and the provisions of By-law 96-35. 7. Execution of Documents - the Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. By-law read a first and second time this 16th day of June, 1999. By-law read a third time and finally passed this 16th day of June, 1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - ~L-- g~ Mayor, Ian Beard .' ~.P~ Clerk, Lynda Aiken . ~ ! 1 . - - Schedule "A" to By-law 99- (PI for The Corporation of the Township of Oro-Medonte Firstly: Part of the original road allowance between Lots 15 & 16, Concession 10, (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 1 and 2, Reference Plan 51R-28501. " ~ Schedule "B" to By-law 99-('/ for The Corporation of the Township of Oro-Medonte -- COUNTY OF SIMCOE ) ) ) ) ) ) ) ) ) ) ) IN THE MATTER OF the stopping up, closing and selling that part of the original road allowance between Lots 15 & 16, Concession 10 (geographic Township of Oro), Township of Oro- Medonte (formerly Township ofOro), County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501. PROVINCE OF ONTARIO TO WIT AFFIDA VIT I, Lynda Aiken, ofthe 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 ofOro-Medonte, and as such have knowledge of the facts hereinafter deposed to. 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 Midland Free Press, the Barrie Examiner and the Packet & Times, newspapers oflocal circulation, a Notice of the proposal by The Corporation of the Township ofOro-Medonte to pass a by-law to stop up and close part of the original road allowance between Lots 15 & 16, Concession 10 (geographic Township ofOro), Township ofOro-Medonte (formerly Township ofOro), County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501. 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 ofthe actual Notice as it appeared in the Midland Free Press, the Barrie Examiner and the Packet & Times and as it was posted. - 5. Dates of Publication and Posting The first publication was on the 5th day of May, 1999, and it continued thereafter for 4 consecutive weeks, the last publication being on the 26th day of May, 1999. The posting in six of the most public places in the immediate neighbourhood of the said road took place on the 22nd day of April, 1999, and such Notices remained on the sites for at least one month. e e ~ f < . . 6. 7. 8. -2- 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 ofthe Township of Oro-Medonte to pass the said by-law on the 16th day of June, 1999, and no Notice of Objection has been received by me from the Council of the County of Simcoe. 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. 96-35, being a by-law establishing procedures governing the sale ofreal property passed by the Township ofOro-Medonte pursuant to Section 193 of the Municipal Act, RS.O. 1990, c.MA5, as amended. Council Meeting The proposed By-law came before the Municipal Council at its regular meeting on the 16th day of June, 1999, and at that time, no person or persons made any claims that his land would be prejudicially affect 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 J,fJd day of TUM e ) 1999. A COMMISSIONER;~ AKING AFFIDAVITS, ETC. ~ I!~ ".~./.c.... Lynda Aiken Andria Laur~ Leigh, a Commissioner, etc., County of Simcoe, for the Township of Oro- Medonte. Expires January 6, 2000. .,~ '/ ,Ii . 17' Exhibit "A" 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 ofOro-Medonte proposes to pass a By-law to stop up and close a portion of road in the Township ofOro-Medonte (formerly Township ofOro), County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the Corporation of the Township ofOro- Medonte proposes by the aforesaid By-law to authorize the sale and conveyance of that part of the road which is closed to the owners of the land abutting the same, or otherwise in accordance with the provisions ofthe Municipal Act, RS.O. 1990 c.M.4S, at a consideration to be determined by By-law of Council. AND FURTHER TAKE NOTICE that the proposed By-law will come before the Council of The Corporation ofthe Township ofOro-Medonte at its regular meeting to be held at the Council Chambers on the 16th day of June, 1999 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 5th DAY OF MAY, 1999. ~~ /IJL-- Lynda Aiken, Clerk Township ofOro-Medonte SCHEDULE "A" Part of the original road allowance between Lots 15 & 16, Concession 10 (geographic Township ofOro), Township ofOro-Medonte (formerly Township ofOro), County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501. - \ \ ,/ \ /,,- \,/,/ \ , \ /./~\ ~' \ \ ! , / \ !--\ ,~ \. \\ //' '" // --....-/. --"-'\\ \ \ \ \ \ \ \ \ .'; l/ , \ SUBJECT AREA This Exhibit "1\1J mentit)ned arlcl ~"'eferred to in the Affiaa'lj~t of Lynda l\iken, SVolorn beofre me on the day of r<..<. "" ""'_ , J999. -ty,:L A <XMofiSSlOOER FOR TAKIJII; AFFIDAVITS, Ere. ~ " Exhibit fiB" THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW e TAKE NOTICE that The Corporation of the Township ofOro-Medonte proposes to pass a By-law to stop up and close a portion ofroad 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 Corporation of the Township ofOro- Medonte proposes by the aforesaid By-law to authorize the sale and conveyance of that part of the road which is closed to the owners of the land abutting the same, or otherwise in accordance with the provisions of the Municipal Act, RS.O. 1990 c.MA5, at a consideration to be determined by By-law of Council. AND FURTHER TAKE NOTICE that the proposed By-law will come before the Council of The Corporation of the Township ofOro-Medonte at its regular meeting to be held at the Council Chambers on the 16th day of June, 1999 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 22nd DAY OF APRIL, 1999. ~~#L Lynda Aiken, Clerk Township of Oro-Medonte SCHEDULE "A" Part of the original road allowance between Lots 15 & 16, Concession 10 (geographic Township ofOro), Township ofOro-Medonte (formerly Township ofOro), County of Simcoe, designated as Parts 1 and 2, Plan 51R-28501. This is Exhibit "B" mentioned and referred to in the Affidavit of Lynda Aiken, sworn before me on the day of .:s-u 1'7 0::::..... , 1999. , -l;:t _ aMfiSSlOOER FOR TAI<nO:; ~VITS. Ere. ~i ~~ovlOce -=-- Ontarro r-o~rr, ,~Ci :1=:= . Document General Form 4 - Land Registration Reform Act, 1984 o (1) Registry ~ (3) Property Identifier( s) Land Titles 0 (2) Page 1 ot 8 pages Block Property z ~- C) z ...-4 l..; ::r- i-- .~ 0 r- <': ......1 :::x;. Lt.." I 0 ,-,- ,- ,/J ~/) ,-." I >- Lf) C, (.? c::: I -' t.iJ td ::r- .--I c:.: .-t h_ ~ ::r- c> t;<; N 1S2 .-i ,-- <( -of::"::, 0 <,,) <,,;:t ~ c:-- u.. u.. '"- t.,k~ c!) c::;) 0 a: 0") ~ 0 Q en (;) u.. .. .. Additional See 0 Schedule (4) Nature of Document B -Law (5) Consideration Nil (6) Description Dollars $ 00.00 Part of the original road allowance behveen Lots 15 & 16, Concession 10, (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 1 and 2, Reference Plan SlR-28501. New Property Identifiers Additional: See 0 Schedule Executions Additional: See Schedule o (7) This Document Contains: (a) Redescription New Easement Plan/Sketch o (b) Schedule for: Description 0 Additional Parties 0 Other [!] (8) This Document provides as follows: By-Law No. 99-61 of The Corporation of the Township of Oro-Medonte attached. Continued on Schedule 0 (9) This Document relates to Instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) THE CORPORATION OF THE TaVNSHIP Date of Signature Y M D 1999 06 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. OF ORO-]\1EOONTE, by its Clerk, Lynda Aiken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .................................. . .. .. Municipality . . . . . . . . . . . . . . . - I have the authority to bind the Corporation. (11) Address for Service P.O. Box 100, Oro, ON LOL 2XO \.. r (12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D - : , (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: Iii Fees and Tax >0, Aiken, Clerk ...I. Not Assigned Lynda Z' Registration Fee 0 Township of Oro-Medonte w P.O. Box 100 en ;:>, Oro, Ontario w, e.> WL 2XO i:i: u.. 0 a: 0 Total E1)- .~