1998-129 To stop up, close and sell Part of the Road located in Part of Blocks A and B and Part of Lot 18, South side of Davis Street and Part of King Street Carthew Street and Mcvity Street and Part of Davis
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98- 129
.
A BY-LAW TO STOP UP, CLOSE AND SELL PART OF THE ROAD LOCATED IN
PART OF BLOCKS A AND B AND PART OF LOT 18, SOUTH SIDE OF DAVIS
STREET AND PART OF KING STREET CARTHEW STREET AND MCVITY STREET AND
PART OF DAVIS STREET, REGISTERED PLAN NO.1, IN THE TOWNSHIP OF
ORO-MEDONTE (FORMERLY TOWNSHIP OF ORO), COUNTY OF SIMCOE,
DESIGNATED AS PARTS 8, 9, 10, 11, 12, 13 AND 14, PLAN 5lR-28l6l
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 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 road located in part of Blocks A
and B and part of Lot 18, south side of Davis Street and part of
King Street, Carthew Street and McVity Street and part of Davis
Street, Registered Plan No.1, in the Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe, designated as parts
8, 9, 10, 11, 12, 13 and 14, Plan 5lR-28l61, 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 Blocks A and B and part of Lot 18, south side of Davis
Street and part of King Street, Carthew Street and McVity Street
and part of Davis Street, Registered Plan No.1, in the Township of
Oro-Medonte (formerly Township of Oro), County of Simcoe,
designated as parts 8, 9, 10, 11, 12, 13 and 14, Plan 51R-28l6l,
more particularly described in Schedule "A" attached hereto, 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 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 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 that
portion of the road located in part of Blocks A and B and part
of Lot 18, south side of Davis Street and part of King Street,
Carthew Street and McVity Street and part of Davis Street,
Registered Plan No.1, in the Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe, designated as
parts 8, 9, 10, 11, 12, 13 and 14, Plan 5lR-28161, more
particularly described in Schedule "A" attached hereto.
.
2. Authorization of Sale - Council does hereby authorize the sale
of the lands described in Schedule "A" as follows:
(a) Part 8 on Plan 51R-28l6l to the registered owner from
time to time of the land described as Part 1 on Plan 51R-
28161;
2
(b) Part 9 on Plan 5lR-28l6l to the registered owner from
time to time of the land described as Part 2 on Plan 51R-
28161;
(c) Part 10 on Plan 5lR-28l6l to the registered owner from
time to time of the land described as Part 3 on Plan 51R-
28161;
- (d) Part 11 on Plan 5lR-28161 to the registered owner from
time to time of the land described as Part 4 on Plan 5lR-
28161;
(e) Part 12 on Plan 5lR-28l61 to the registered owner from
time to time of the land described as Part 5 on Plan 51R-
28161;
(f) Part 13 on Plan 5lR-2816l to the registered owner from
time to time of the land described as Part 6 on Plan 5lR-
28161;
(g) Part 14 on Plan 51R-28l6l to the registered owner from
time to time of the land described as Part 7 on plan 51R-
28161.
3. Sale Price - In accordance with Section 315 of the said
Municipal Act, this Council hereby sets the sale price for the
lands described in Schedule "A" attached hereto to be as
follows:
(a) $5,714.29 for Part 8 on Plan 5lR-2816l;
(b) $5,714.29 for Part 9 on Plan 5lR-2816l;
(c) $5,714.29 for Part 10 on Plan 51R-28l6l;
(d) $5,714.29 for Part 11 on Plan 5lR-28l61;
(e) $5,714.28 for Part 12 on Plan 5lR-28l6l;
(f) $5,714.28 for Part 13 on plan 5lR-2816l;
(g) $5,714.28 for Part 14 on Plan 5lR-28l6l.
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.
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
" 'd
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Deputy May6r, Don Bell
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Clerk, Lynda Aiken
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SCHEDULE "B"
'.
SCHEDULE "B" TO BY-LAW 98 - 129
TOWNSHIP OF ORO-MEDONTE
FOR THE CORPORATION OF THE
PROVINCE OF ONTARIO
)
)
)
)
)
)
)
)
)
)
IN THE MATTER OF the stopping up,
closing and selling that part of Blocks
A and B and part of Lot 18, south side
of Davis Street and part of King
Street, Cart hew Street and McVity
Street and part of Davis Street,
Registered Plan No.1, in the Township
of Oro-Medonte (formerly Township of
Oro) , County of Simcoe, designated as
parts 8, 9, 10, 11, 12, 13 and 14, Plan
5lR-28l61
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 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 Blocks A and B and part of
Lot 18, south side of Davis Street and part of King Street,
Carthew Street and McVity Street and part of Davis Street,
Registered Plan No.1, in the Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe, designated as
Parts 8, 9, 10, 11, 12, 13 and 14, Plan 51R-28l6l.
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 and the Packet & Times and as it was posted.
5. Dates of Publication and Postinq
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.
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.
. . . /2
"
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- 2 -
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.
t'
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^ ~'lh:^"""~C/{:""~' /,~~_~
Lynda Aiken
at the
in the
day of
Township
County of
December,
A Cp~ISSIONER FOR TAKING AFFIDAVITS, ETC.
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i J.JSNNIFER ZIELENIEWSKI, TREASURER
CORP. OF TWP. OF ORO.MEDONTE
A COMMISSIONER FOR
AFFIDAVITS, ETC.
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THE CORPORATION OF
THE TOWNSHIP OF OR~EDONTE
NO~~CLOSING
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, . TAKE NOTICE that The Corporalitn of the
. Township of Ora-Medonte proposes to pass a '
By-law to stop up and close a portion of road,
in the Township. of Ora-Medonte (former1y
Township of Oro), County of Simcoe, more
particular1y describedin Schedule "A" hereto.
,-, .....,",.~^" . ~ -
AND FURTHER TAKE NOTICE that The
Corporation of the Township of Oro-Medonte
proposes by the aforesaid i3y-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, A.S.O. 1990
c.M.45, at a consideration to be determined by
By-law of Council.
AND FURTHER :rAKE NOTICE that the pro-
posed By-law will come before the Council of The
Corporation of the Township of. Ora- Medonte
at Its regular meeting to be held at the Council
Chambers cm the 16th day of December, 1998 at
7:00 o'clock p.m. and at that time Council will
hear in pernon or, by his counsel, solicitor Qr
egent, eny pemon who claims that his land will be
prejudicially ~~ected by the BY-~~~/*
DATED AT THE TOWNSHIP OF ^ _..;,:,'
ORQ-MEDONTE THIS 9th DAY OF ,/
NOVEMBER, 1998. , ,'{'Yo'
I. C," Lynda Aiken, ci~' " to.,
_., ", .~::..__T!,wnshlp 01 Oro-M~onte '
SCHEDULE "A.~''''~!'''''~1i!'<
>';0:, '_':"'. t,;,.",'- ~.' .':'~ c.' .'~ t;:r'->. .,"~""'f:;:,; :,
Pert of Blocks A ImdB'and Partt>f Lot 18, of oj,: I
vis and Pert of King Strllet, Carthew Street andj'
McVoty Street and Pert of Davis Street, Regls- i
tllred Plan No 1, In thll Township of Ora-Madonte .
(formerly Township of 01'0), County of SIrncDj\, [
designated as Parts 8, 9, 10, 11, 12,13 and 14!
Pian 51R-28181' i ",'" ,," >' ;,..,il'!\:' :'/
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This is Exhibit nAn mentioned
Aiken, sworn before me on the
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A COMMISSION;;:R F9RTAKING
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IFNNIFER ZIElENIEWSKI, TREASURER
('()liP OF TWP OF ORO.MEOONTE
i COMMISSIONER FOR
;\CFIDIWITS, ..TC.
Exhibit "An
and referred to in the Affidavit of Lynda
17th day of December, 1998
AFFIDAVITS, ETC.
.
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Exhibit "B"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW
TAKE NOTICE that The Corporation ofthe 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 ofthat
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 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, 1998.
~ ;/L
Lynda Aiken, Clerk
Township ofOro-Medonte
SCHEDULE "A"
Part of Blocks A and B and Part of Lot 18, south side of Davis Street and Part of King
Street, Carthew Street and Mc Vity Street and Part of Davis Street, Registered Plan No.1,
in the Township ofOro-Medonte (fonnerly Township ofOro), County of Simcoe,
designated as Parts 8, 9,10,11,12,13 and 14, Plan 51R-28161.
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IENNHR EIE:LENI!!WSKI, TREASURER
(,0'1 'f 'fW~, OF ORO,MEDONTE
,\W, ' ION!!'" FOR
'''TIC l'f[%, no
s
This is Exhibit "B" mentioned and referred
to in the Affidavit of Lynda Aiken,
sworn before me on the 17th day of
December, 1998..
!
A COMMISSIONER
AFFIDAVITS, ETC.
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, of
Ontano
Document General
Form 04 -- land Registration Reform Act
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Block
Property
Additional:
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Schedule
(1) Registry ~
3) property
Identifier{S}
Land Titles 0 (2) Page 1 of a
pages
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BY-LAW
(5) ConliJderation
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Nil------------------------rrollars $ 00.00
(6) Description
Act:Iitional:
:edUJe D
Firstly: Part of Lot 18, part of Block A,
part of Davis Street and part of McVity Street,
Registered Plan No.1, in the Township of
Oro-Medonte (formerly Township of Oro), County
of Simcoe, designated as Part 8 on Plan
51R-28l61.
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New Property Identifiers
Continued on Schedule attached.
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
:(b) Schedule For:
Additional:
"'"
Schedule
Additional D Cl
0: Description 0 Parties Other ~
(8) This Document provides as followa:
By-law 98-129 of the Corporation of the Township of Oro-Medonte attached.
Continued on Schedule 0
9) Tn!;; Document relatcfi to instrument number(fi)
(10) Party(les) (Set out Status or Interest)
Name(5)
signature (5)
o ate of Signature
Y M 0
THE CORPORATION OF THE TOWNSHIP OF
.......................
ORO-MEDONTE, by its solicitors,
Per:
.......,.
RUSSELL, CHRISTIE, MILLER, KOUGHAN,
,199901
..................
. .
............
WINNITOY
William S. Koughan
(11) Address
for service
P.O. Box 100, Oro, Ontario, LOL 2XO
(12) Party{ies} (set out Status or Interest)
Name(s)
signature (5)
Date of signature
Y M D
.................
e
..................
(13) Address
for 5ervice
(14) Municipal Address of Property
(15) Document prepared by:
Not assigned
WilLIAM S. KOUGHAN
HUSSEu.. CHRISTIE, MILLER, KOUGHAN
aARRISTERS & SOUCITOAS
sox 158, 505 MEMORIAL AVENUE
ORILUA, ONTARIO LaV 6J3
(705) 325-13211 fAX (705) 327-1811
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Fees and Tax
Total
An FxoerTp.xt Svf'itemfi ! tn. Form
H&1
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$. OntariO
Schedule
OYI: & fHIIUiAM co IIIC-Fmrn r~1) 990
Amended NOV. 1992
Page
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Form 5 - Land Registration Reform Act
Additional Property Identifier(s) andlor Other Information
Box 6 Continued
Secondly: Part of Block A and part of King Street, Registered Plan
No.1, Township of Oro-Medonte (formerly Township of
Oro) , County of Simcoe, designated as Parts 9 and 10,
Plan 51R-28161;
Thirdlv: Part of Block A, Registered Plan No.1, Township of Oro-
Medonte, (formerly Township of Oro), County of Simcoe,
designated as Parts 11, 12 and 13, Plan 5lR-28l6l;
Fourthlv: Part of Block A and part of Cart hew Street, Registered
Plan No.1, Township of Oro-Medonte (formerly Township of
Oro), County of Simcoe, designated as Part 14, Plan 5lR-
28161;
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