1998-130 To Stop up, close and sell part of the Road located in Part of the East Half and West Half of Lot 36, Concession 1, E.P.R., Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98- 130
A BY-LAW TO STOP UP, CLOSE AND SELL PART OF THE ROAD LOCATED IN
PART 01' THE EAST HALF AND WEST HALF OF LOT 36, CONCESSION 1,
E.P.R., TOWNSHIP OF ORO-MEDONTE (FORMERLY TOWNSHIP OF ORO), COUNTY
OF SIMCOE, DESIGNATED AS PARTS 1 AND 2, PLAN 5lR-27039
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WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O.
1990, c.M.45, Council is empowered to stop up and close any part of
a highw'ay;
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 road located in part of the east
half and west half of Lot 36, Concession 1 E.P.R., Township of Oro-
Medonte, (formerly Township of Oro) , County of Simcoe, designated
as Part.s 1 and 2, Plan 5lR-27039, 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 of Oro-Medonte did cause a Notice of the
proposed By-law to stop up, close and sell the said road located in
part of the east half and west half of Lot 36, Concession 1,
E.P.R., Township of Oro-Medonte, (formerly Township of Oro), County
of Simcoe, designated as Parts 1 and 2, Plan 5lR-27039 to be
publish.ed 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 inunediate
neighbo'urhood 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 proposed by-law came before Council of the
Corporation of the Township of Oro-Medonte for consideration at its
regular meeting on the 16th day of December, 1998, and at that time
no person objected to the proposed by-law nor claimed that his land
would be prejudicially affected.
NOW THJmEFORE THE COUNCIL OF THE TOWNSHIP OF ORO-MEDONTE HEREBY
ENACTS AS FOLLOWS:
1. S1~UP and Close - Council does hereby stop up and close that
portion of the road located in part of the east half and west
half of Lot 36, Concession 1, E.P.R., designated as Parts 1
and 2, Plan 5lR-27039, more particularly described in Schedule
"1\." attached hereto.
2. Authorization of Sale - Council does hereby authorize the sale
of the said lands described in Schedule "A" attached hereto to
6119328 Ontario Limited.
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 to be
$36,000.00.
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4. Clerk's Affidavit - Attached as Schedule "B" to this By-law is
an Affidavit of Lynda Aiken, 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.
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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.
By-law read a first and second time this 16th day of December,
1998.
By-law read a third time and finally passed this 16th day of
December, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
Deputy
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Mayor, Don Bell
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Clerk,
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Lynda Aiken
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SCHEDULE . A.
SCHEDULE "A" TO BY-LAW 98 _ 130
TOWNSHIP OF ORO-MEDONTE
FOR THE CORPORATION OF THE
Firstlv: Part of the east half and west half of Lot 36, Concession
1, E.P.R., in the Township of Oro-Medonte (formerly
Township of Oro), County of Simcoe, designated as Part 1,
Plan 51R-27039;
Secondly: Part of the east half of Lot 36, Concession 1, E.P.R., in
the Township of Oro-Medonte (formerly Township of Oro) ,
County of Simcoe, designated as Part 2, Plan 5lR-27039.
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SCHEDULE . B.
SCHEDULE "B" TO BY-LAW 98 _ 130
TOWNSHIP OF ORO-MEDONTE
FOR THE CORPORATION OF THE
PROVINCE OF ONTARIO
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IN THE MATTER OF the stopping up,
closing and selling that part of the
east half and west half of Lot 36,
Concession 1, E.P.R., Township of Oro-
Medonte, (formerly Township of Oro),
County of Simcoe, designated as Parts 1
and 2 on Plan 5lR-27039.
COUNTY OF SIMCOE
TO WIT
.
A F F I D A V I T
I, Lynda Aiken, 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 to.
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 Midland Free Press, the Barrie Examiner and the Packet &
Times, 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 and close the road located in part of
the east half and west half of Lot 36, Concession 1, E.P.R.,
Township of Oro-Medonte (formerly Township of Oro), County of
Simcoe, designated as Parts 1 and 2 on Plan 5lR-27039.
3 . Postinq
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 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 11th day of November, 1998,
and it continued thereafter for 4 consecutive weeks, the last
publication being on the 2nd day of December, 1998. The
posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 9th day of
November, 1998, 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 of the County of
Simcoe, Notice of the intention of the Township of Oro-Medonte
to pass the said by-law on the 16th day of December, 1998, 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 of the Township
of Oro-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 of
Oro-Medonte pursuant to Section 193 of the Municipal Act,
R.S.O. 1990, c.M-45, as amended.
8.
Council Meetinq
The proposed By-law came before the Municipal Council at its
regular meeting on the 16th day of December, 1998, 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
of Oro-Medonte,
Simcoe, this
1998.
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Lynda Aiken
at the Township
in the County of
day of December,
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A COMMISSIONER FOR TAKING AfFIDAVITS, ETC.
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IE'INIFE,R TREASURER
CORP. or ORO.MEDONTE
" COM.MISSIONER FOR
AI'FiDAVITS. ETC
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Exhibit "B"
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 and close a portion of road in the Township of Oro-Medonte
(fonnerly 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 ofthe 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.MAS, 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 ofOro-Medonte at its regular meeting to be
held at the Council Chambers on the 16th day of December, 1998 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 9th DAY OF
NOVEMBER, 1995.
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Lynda Aiken, Clerk
Township ofOro-Medonte
SCHEDULE "A"
Part of the east half and the west half of Lot 36, Conc. 1, E.P.R., in the Township ofOro-
Medonte (fonnerly Township ofOro), County of Simcoe, designated as Parts 1 and 2,
Plan SIR-27039.
"CRAIGH U r:fST
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Subjer:t Property //
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This is Exhibit "B" mentioned and referred to in the Affidavit
of Lynda Aiken, sworn before me on the 17th day of December, 1998.
IFNNIFERZIELENIEWSKI, TREASURER
CORP OF TWP, OF ORO.MEDONTE
A COMMISiP.IO~JiPf1SSIONER FOR TAKING AFFIDAVITS, ETC.
AFFIQAVITS'; E'rc:,.".a
IREASURER
OF ORO.MEDONTE
FOR
Exhibit "A"
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, THE CORPORATION O~i' .
N:~~:6~~&~o:~~8:~=NQ ,
, AND SALE BY-LAW:,(W~
TAKE NOTICE that The corpori1:,.~ri of the
Township of, Oro-Medonte propos,f to pass a
By-law to stop up and close a ",('don of road
in the Township of Om-Medonte '(fonnerly
Township of Oro), County of simCoe more
particularly described In Schedule "A' henito.
AND FURTHER TAKE NOTICE 'that The
Corporation of the Township of Om-Medonte
proposes by the aforesaid By-law to authorize the
sale and conveyance of thet part of the road
which is closed to the owner 01 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 consideratioft to be 'detennined by
By-law of Councih '
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AND FURTHER TAKE NOTICE that the pm-
posed By-law will come before tha Council of The
Corporation of the Township of Oro- Medonte
at its regular meeting to be held at the Council
Chambers on the 16th day of December, 1998 at
7:00 o'clock p.m, and at thaf time Council will
hear in person or by his counsel, sollcllor or
agent, any person who claims that his land will be
preiudiciaiiy affectad by the By-Jaw. .
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,.,,, ," LyndaAlklln,Clel1l
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SCHEDULE "An "
Part of the east half an~ Jie west hall 01 Lot 36,
Cone, 1, E.P.R., in the Township of Oro-Medonte
(fonnarly Township of 010), County of Simcoe
designated as Parts 1 and 2, Plan 51 R.27039. '
'CRAIGHURST .
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This is Exhibit "A" mentioned and referred to in the Affidavit of Lynda
Aiken, sworn before me on the 17th day of December, 1998.
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A COMMISSIONER J::O'R TAKING AFFIDAVITS, ETC.
JENNIFER ZIELENIEWSKI, TREASURER
COAl', OF TWP, OF ORO.MEDONTE
A OOMMISSIONER FOR
AFFIDAVITS, ETC.
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