1999-090
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-90
A By-law to stop up, close and sell Center Avenue, Registered Plan 589, in the geographic
Township ofOro, in the Township ofOro-Medonte. County ofSimeoe, designated as Parts
1,2,3 and 4, Plan 51R-28591
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 Sections 297 and 315 ofthe said Municipal Act, Council is
cmpowered to sell any part of a highway which is legally stopped up and closed;
AND WHEREAS Center Avenue, Registered Plan 589, 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 Center
Avenue, Registered Plan 589, in the geographic Township ofOro, Township ofOro-Medonte,
County of Simcoe, designated as Parts 1,2,3 and 4, Plan 5IR-28591to 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 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 Municipal Act, R.S.O. 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 17th 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 Center Avenue, Registered Plan 589, in the geographic
Township ofOro, in the Township ofOro-Medonte, County of Simcoe, designated as Parts 1,2,
3 and 4, Plan 51R-28591, 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;
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AND WHEREAS the proposed by-law came before Council of The Corporation ofthc
Township ofOro-Medonte for consideration at its regular meeting on the 18'h day of August,
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 of Oro-Medonte hereby enacts as follows:
1. Stop UP and Close - Council does hereby stop up and close Center Avenue, Registered
Plan 589, in the geographic Township ofOro, Township ofOro-Medonte, County of
Simcoe, designated as Part 1,2,3 and 4, Plan 51R-28591, more particularly described in
Schedule "A" attached hereto.
2. Authorization of Sale - Council does hereby authorize the sale ofthe said lands described
in Schedule "A" attached hereto as follows:
a) Part I on Plan 51R-28591 to the registered owner from time to time of the land
described as Lot 101, Plan 589;
b) Part 2 on Plan 51R-28591 to the registered owner from time to time of the land
described as Lot 102, Plan 589;
c) Part 3 on Plan 51R-28591 to the registered owner from time to time of the land
described as Lot 90, Plan 589;
d) Part 4 on Plan 51R-28591 to the registered owner from time to time of the land
described as Lot 89, Plan 589.
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 I on Plan 51R-28591at a consideration of$600.00;
b) Part 2 on Plan 51R-28591 at a consideration of $600.00;
c) Part 3 on Plan 51R-28591 at a consideration of$600.00;
d) Part 4 on Plan 51R-28591 at a consideration of$600.00.
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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 ofthe 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 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.
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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 Lynda
Aiken, Clerk of The Corporation of the Township ofOro-Medonte, setting out the
procedures taken for the publishing and posting of the said Notice pursuant to the
provisions ofthe Municipal Act, and the provisions of By-law 1996-35.
By-law read a first and second time this 18th day of August, 1999.
By-law read a third time and finally passed this 18th day of August, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard II
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Acting CI rk, Je m r Zieleniewski
.
Schedule "A" to By-law No. 1999-90 for The Corporation of the Township ofOro-Medonte
.
Center Avenue, Registered Plan 589, in the geographic Township ofOro,
Township ofOro-Medonte, County of Simcoe, designated as Part 1,2,3 and 4 on Plan 51R-
28591
.
Schedule "B" to By-law 1999-90 for The Corporation of the Township of Oro-Medonte
.
COUNTY OF SIMCOE
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IN THE MATTER of the stopping up,
closing, and selJing, of Center Avenue,
Registered Plan 589, in the geographic
Township ofOro, Township ofOro-Medonte,
County of Simcoe, more particularly
described as Parts 1, 2, 3 and 4 on Plan
51R-28591.
PROVINCE OF ONTARIO
AFFIDA VIT
I, Lynda Aiken of the Township ofOro-Medonte in the County of Simcoe, make oath and say as
follows:
1. The Deponent
I am the Clerk of The Corporation ofthe Township ofOro-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, a newspaper of local
circulation, a Notice of the proposal by The Corporation of the Township ofOro-
Medonte to pass a by-law to stop up, close and to sell Center Avenue, Registered Plan
589, in the geographic Township ofOro, in the Township ofOro-Medonte, County of
Simcoe, designated as Part 1,2,3, and 4, Plan 51R-28591, 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 the 23rd day of June, 1999, and it continued thereafter for 4
consecutive weeks, the last publication being on the 14th day of July, 1999. The posting
in six of the most public places in the immediate neighbourhood of the said road took
place on the 18th day ofJune, 1999, and such Notices remained on the sites for at least
one month.
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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 ofthe County of Simcoe, Notice ofthe intention of the Township of
Oro-Medonte to pass the said by-law on the 20th day of May, 1999 and no Notice of
Objection has been received by me from the Council of the County of Simcoe.
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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. 1996-35.
8. Council Meeting
The proposed By-law came before the Municipal Council at its regular meeting on the
18th day of August, 1999, 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
OfOro-Medonte, in the County of
Simcoe, this ! 'F< day of 5
1999.
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Lynda Aiken
A COMMISSIONER FOR T ~G AFFIDAVITS, ETC.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW
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TAKE NOTICE that The Corporation of the Township ofOro-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 ofOro), 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 regular meeting to be
held at the Council Chambers on the 2]" day ofJuly, 1999 at 7:00 o'clock p.m. and at
that time Council wi1l 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 23rd DAY OF JUNE, 1999.
-Z::h-cf:_ ;1J~~
Lynda Aiken, Clerk
Township ofOro-Medonte
SCHEDULE "A"
Center Avenue, Registered Plan 589, in the geographic Township ofOro, in the
Township of Oro-Medonte, County of Simcoe, designated as Parts 1,2,3 and 4 Plan
5IR-28591.
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Th~Ls is Exh5.bit "A" mentioned and referred. to in the Af~:5_davit of Lynda Aiken,
sworn before me on the i -j day of C':'(j , F~90"
.~...-1Nj-<,l
A CO'1'lISSIONER FOR T.1).KI~1G AFFIDAVITS, 8I'C.
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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 ofOro), County ofSimeoe, 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 regular meeting to be
held at the Council Chambers on the 21 st day of July, 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 18th DAY OF .TUNE, 1999.
...../ /J ;:/
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Lynda Aiken, Clerk
Township ofOro-Medonte
SCHEDULE "A"
Center Avenue, Registered Plan 589, in the geographic Township ofOro, in the
Township ofOro-Medonte, County of Simcoe, designated as Parts 1,2,3 and 4 Plan
51R-2859I.
This is Exhibit "B" mentioned and refe=ed to in the Affidavit of Lynda Aiken,
Slmrn before me on the \i day of , 1999.
A. 0Jl1"1ISSIONER
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FOR TAKING AFFiDAVITS,
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Document General
Form 4 - Land Registration Retann Act. 1984
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(1) Reglstry!KJ
Land Titles
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Center Avenue, Registered Plan SS9,in the geographic
Tmmship of OLD, in the Township of Oro-Medonte,
County of Simcoe, designated as Parts 1, 2, 3, and 4,
PJ.an SlR-28S91
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New Property Identtflers'
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Additional
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Schedule i
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
(b) ScneduJe for:
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Description 0
Additional
Part,es [J Other [)g
(8) This Document provides as follows:
By-Law No. 99-90 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)
. J'fIE. co8roBlJ.'1;'~Qt\)QF .'1;'fJEJ:q>JNSHIP
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Date of Signature
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~999 09 [17
. OF, OR07MSOO1',~, .QY.i;t;E; ,C:I.erk.,, LYWi?l).ikEiI). .
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. Municipality,
I have the authority
(11) Address
for Service
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to bind the Corporation.
P.O. Box 100, Ora, ON ~OL 2XO
(12) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address 01 Property
I (15) Document Prepared by:
Not assj_gned
Lynda Aiken, Clerk
TCJiNnship of Oro-r1edonte
P.O. Box ~OO
Ora, Ontario
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