1999-109
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THE CORPORATION OF THE TOWNSIDP OF ORO-MEDONTE
BY-LAW NO. 99- 109
.
A By-law to stop up, close and sell part of the original road allowance being Part of Block A
north side of Davis Street, Part of O'Brien Street, Registered Plan 1, and Part of Georgina drive,
Registered Plan 1561, and Part of the West Half of Lot 1, in the Township of Oro-Medonte
(formerly Township ofOro), County of Simcoe, designated as Parts 24, 25, 26, 27, 28, 29, and
30,31, and 32 Plan 51R-28451.
WHEREAS pursuant to Section 297 of the Municipal Act, R.S.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 being Part of Block A north side of
Davis Street, Part of O'Brien Street, Registered Plan 1, and Part of Georgina drive, Registered
Plan 1561, and Part of the West Half of Lot 1, in the Township ofOro-Medonte (formerly
Township ofOro), County of Simcoe, designated as Parts 24, 25, 26, 27, 28, 29, and 30,31, and
32 Plan 51R-28451.
AND WHEREAS pursuant to Section 300 of the said Municipal Act, the Acting Clerk of the
Township of Oro-Medonte did cause a notice of the proposed By-law to stop up, close and sell
the said original road allowance being Part of Block A north side of Davis Street, Part of O'Brien
Street, Registered Plan 1, and Part of Georgina drive, Registered Plan 1561, and Part of the West
Half of Lot 1, in the Township of Oro-Medonte (formerly Township of Oro), County of Simcoe,
designated as Parts 24, 25, 26, 27, 28, 29, and 30,31, and 32 Plan 51R-28451 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
bylaw to establish procedures to provide for the sale of real 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 Acting 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 proposed by-law came before Council of The Corporation of the
Township ofOro-Medonte for consideration at its regular meeting on 6th day of October, 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 being Part of Block A north side of Davis Street, Part of O'Brien Street,
Registered Plan 1, and Part of Georgina drive, Registered Plan 1561, and Part of the
West Half of Lot 1, in the Township ofOro-Medonte (formerly Township ofOro),
County of Simcoe, designated as Parts 24,25,26,27,28,29, and 30,31, and 32 Plan
51R-2845l.
.
-2-
3. Authorization of Sale - Council does hereby authorize the sale of the said lands
described in Schedule "A" to the abutting owners as follows:
(a)
. (b)
(c)
(d)
(e)
(f)
Part 24 to Part 27inclusive on Plan 51R-2845l to Archibald John Davidson
Brown.
Part 28 on Plan 51R-28451 to George William Johnstone and Brenda Anne
Johnstone as joint tenants.
Part 29 on Plan 51R-28451 to Robert Norman Williams and Beatrice Gertrude
Williams as joint tenants.
Part 30 on Plan 51R-28451 to Josephine Maria Hunter.
Part 31 on Plan 51R-28451 to Edward John Bertram.
Part 32 on Plan 51R-28451 to Edward John Bertram in Trust.
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 24 on Plan 51R-28451 at a consideration of$1.00
(b) Part 25 on Plan 51R-28451 at a consideration of $1.00
(c) Part 26 on Plan 51R-28451 at a consideration of $1.00
(d) Part 27 on Plan 51R-28451 at a consideration of $1.00
(e) Part 28 on Plan 51R-28451 at a consideration of $1.00
(f) Part 29 on Plan 51R-28451 at a consideration of $1.00
(g) Part 30 on Plan 51R-28451 at a consideration of $1.00
(h) Part 31 on Plan 51R-28451 at a consideration of $1.00
(i) Part 32 on Plan 51R-28451 at a consideration of $1.00
5. Clerk's Affidavit - Attached as Schedule "B" to this By-law is an Affidavit of Jennifer
Zie1eniewski, 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 96-35.
6. 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 6th day of October, 1999.
By-law read a third time and finally passed this 6th day of October, 1999.
.
THE CORPORATION OF THE TOWNSIDP OF ORO-
MEDONTE
Mayor, Ian Beard
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Clerk, Lynda Aiken
Schedule" A" to By-law 99- 109 for The Corporation of the Township of Oro-
Medonte
Firstly:
Part of the original road allowance being Part of Block A
north side of Davis Street, Part of O'Brien Street, Registered
Plan 1, and Part of Georgina drive, Registered Plan 1561, and
Part of the West Half of Lot 1, in the Township of Oro-Medonte
(formerly Township ofOro), County of Simcoe, designated as
Parts 24, 25, 26, 27, 28, 29, and 30, 31, and 32 Plan 51R-28451.
.
.
Schedule "B" to By-law 99-10~or 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 being Part of Block A north side of
Davis Street, Part of O'Brien Street,
Registered Plan 1, and Part of Georgina drive,
Registered Plan 1561, and Part of the West Half of
Lot 1, in the Township ofOro-Medonte (formerly
Township of Oro), County of Simcoe, designated
as Parts 24, 25, 26, 27, 28, 29, and 30,31, and 32
Plan 51R-28451.
PROVIINCE OF ONTARIO
TO WIT
AFFIDA VIT
I, Jennifer Zieleniewski, ofthe 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 to.
2. Publication
Pursuant to Section 300 of the Municipal Act, R.S.O. 1990, c.MA5, and
amendments thereto, I did cause to be published in the Barrie Examiner
newspaper 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 ofthe
original road allowance being Part of Block A north side of Davis Street, Part of
O'Brien Street, Registered Plan 1, and Part of Georgina drive, Registered Plan
1561, and Part of the West Half of Lot 1, in the Township ofOro-Medonte
(formerly Township ofOro), County of Simcoe, designated as Parts 24, 25, 26,
27,28,29, and 30,31, and 32 Plan 51R-28451.
3. Posting
Pursuant to the said Section 300, 1 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 Barrie Examiner and as it was posted.
5.
Dates of Publication and Posting
.
The first publication was on the 8th day of September, 1999, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 29th day of
September, 1999. The posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 2nd day of September, 1999,
and such Notices remained on the sites for at least one month.
-2-
.
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 6th day of October,
1999, 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 ofthe 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 of real property passed by the Township ofOro-
Medonte pursuant to Section 193 of the Municipal Act, R.S.O. 1990, c.MA5, as
amended.
8. Council Meeting
The proposed By-law came before the Municipal Council at its regular meeting
on the 6th day of October, 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 (70i day of o<:~~a-"L
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
.
Exhibit "A"
.
THE CORPORATION OF THE TOWNSIfiP 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 and Close a portion of road in the Township of Oro-
Medonte (formerly Township of Oro), County of Simcoe, more particularty
described in Schedule "A" hereto.
AND FURTHER TAKE NOTICE that the Corporation of the Township of Oro-Me-
donte propose by the aforesaid By-law to authorize the sale and conveyance of
that part of the road which is closed to the owner of the land abutting the same,
or otherwise in accordance with the provisions of the Municipal Act, R.S.O. 1990
c.M. 45, 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 of Oro-Meclonte at Its regular meeting
to be held at the Council Chambers on the 6th day of October, 1999 at 7:00p.m.
and at that time Council will hear in person or by his counsel, solicitor, or agent,
any person who claims that their land will be prejudicially affected by the By-law.
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DATED AT THE TOWNSHIP OF ORD-MEDONTE THIS 8th DAY OF
SEPTEMBER, 1999.
Schedule "A" .
Part of O'Brien Street, Registered Plan 1: and Part of Georgina Drive, Registered
Plan 1561, and Part of the West Half of Lot 1, Concession 1, in the Township of
Oro-Medonte (formerty Township of Oro), County of Simcoe, designated as
Parts 25, 26, 27, 28, 29, and 30, 31, and 32 Plan 51 R-28451.
LAKI SIIICOI
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This is Exhibit "A" mentioned and referred to in the Affidavit
of Jennifer Zieleniewski, sworn before me on the 14th day
of October 1999. ~_~~ ~~
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
Exhibit "B"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW
NOTICE that the Corporation of the Township of Oro-Medonte proposes to pass a By-law to Stop
and Close a portion of road in the Township of Oro-Medonte (fonnerly Township of Oro), County of
imcoe, more particularly described in Schedule "A" hereto.
AND FURTHER TAKE NOTICE that the Corporation of the Township of Oro-Medonte propose by the
aforesaid By-law to authorize the sale and conveyance of that part ofthe road which is closed to the owner of
.... e land abutting the same, or otherwise in accordance with the provisions ofthe Municipal Act, R.S.O. 1990
.M. 45, at a consideration to be detennined 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 of Oro-Medonte at its regular meeting to be held at the Council Chambers on
the 6th day of October, 1999 at 7:00 p.m. and at that time Council will hear in person or by his 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 8th DAY OF SEPTEMBER 1999
Je 'fi i eniewski, Acting Clerkt'
To hip Oro-Medonte
P.O. Box 100, Oro, Ontario LOL 2XO
(705) 487-2171
Schedule "A"
Part of 0 'Brien Street, Registered Plan 1, and Part of Georgina Drive, Registered Plan 1561, and Part of the
West Half of Lot 1, Concession 1, in the Township ofOro-Medonte (fonnerly Township ofOro), County of
Simcoe, designated as Parts 25,26,27,28,29, and 30, 31, and 32 Plan 51R-28451.
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This is Exhibit "B" mentioned and referred to in the \
Affidavit of Jennif~r Zieleniewski, sworn before me o~
14th day of October, 1999. N
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
.
.
Form 15
Registry Act
DECLARATION UNDER SECTION 25 OF THE ACT
I, Lynda Aiken, of the Township ofOro-Medonte do solemnly declare that I am a party
to By-law No. 99-109 which affects the following lands
Part of Block A north side of Davis Street, Part of O'Brien Street, Registered Plan
1, and Part of Georgina Drive, Registered Plan 1561, and Part of the West Half of
Lot 1, Concession 1, in the Township ofOro-Medonte (fonnerly Township of
Oro), County of Simcoe, designated as Parts 24, 25, 26, 27, 28, 29 and 30,31, and
32, Plan 51R-28451.
I make this solemn declaration conscientiously believing it to be true and knowing that it
is ofthe same force and effect as if made under oath.
Declared before me
At the Township ofOro-Medonte
This 26th day of October, 1999
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New Property Identifiers
Additional:
See
Schedule
Executions
Additional:
See
Schedule
(8) This Document provides as follows:
Document General
Form 4 - Land Registration Reform Act, 1984
o
(1\ ReglstryJ@
(3) Property
ldentlfler(s)
Land nles 0 (2) Page 1 of
Block Property
Additional:
See 0
Schedule
pages
(4) Nature of Document
By-Law
(5) Consideration
Nil
(6) Description
Dollars $ 00 . 00
Part of Block A north side of Davis street, Part of
O'Brien street, Registered Plan 1, and Part of
(',eorgina Drive, Registered Plan 1561, and Part of the
Wes t Half of Lot 1, in the T(~mship of Oro-Medonte
(fonnerly Township of Ora), County of Simcoe,
designated as Parts 24, 25, 26, 27, 28, 29 and 30, 31
and 32 Plan 51R-28451.
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
! (b) Schedule for:
I Additional
o i Description 0 Parties 0 Other ~
By-Law No. 99-109 of The Corporation of the Township of Oro-Medonte attached.
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Signature(s)
Date of Signature
Y M D
..... .THE.CORBQRATIONOF.THE.T~jNSBIP..........
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11999 ! 10! 22
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. . . . .OF .ORO...,~1EIX1NI'E,. by. its. Cler]::::, . Lynda .Aiken
. , . . .MI.micipaJ.ity. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I have the authorit
(11) Address
for Service
to bind the Corporation.
P. O. Box 100, Oro, ON
(12) Party(les) (Set out Status or Interest)
Name(s)
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Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
Not assigned..
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Newsome and Gilbert
(15) Document Prepared by:
Fees and Tax
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Lynda Aiken, Clerk
Township of Oro-Medonte
P. O. Box 100
Oro, <X1tario
LOL 2XO
Total