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1997-020 To Stop up and close part of the original Road allowance between Lots 35 and 36, Concession 1 E.P.R . . ,I . , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 97-20 e A BY-LAW TO STOP UP AND CLOSE PART OF THE ORIGINAL ROAD ALLOWANCE BETWEEN LOTS 35 AND 36, CONCESSION 1 E.P.R., AND THAT PART OF THE TRAVELLED ROAD THROUGH PART OF EAST HALF OF LOT 36 AND PART OF LOT 35, CONCESSION 1 E.P.R., TOWNSHIP OF ORO-MEDONTE, (FORMERLY TOWNSHIP OF ORO), COUNTY OF SIMCOE 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 that part of the original road allowance between Lots 35 and 36, Concession 1 E.P.R., and that part of the travelled road through part of the east half of Lot 36 and part of Lot 35, Concession 1 E.P.R., more particularly described in Schedule "A" attached hereto, are 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 and close the said part of the original road allowance between Lots 35 and 36, Concession 1 E.P.R. and that part of the travelled road through part of the east half of Lot 36 and part of Lot 35, Concession 1 E.P.R., 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 allowance; 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 5th day of March, 1997, 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 original road allowance between Lots 35 and 36, Concession 1 E.P.R. and that part of the travelled road through part of the east half of Lot 36 and part of Lot 35, Concession 1 E.P.R., more particularly described in Schedule "A" attached hereto. 2. 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. . 3. By-law 93-8 for the Corporation of the Township of Oro-Medonte (formerly Township of Oro), passed on the 20th day of January, 1993, is hereby repealed in its entirety. . . . /2 e . " - 2 - By-law read a first and second time this 5th day of March, 1997. By-law read a third time and finally passed this 3rd , 1998. day of June THE CORPORATION OF THE TOWNSHIP OF ORO- ME DONTE i , ./' e J I, /I /j I:.. c...'~ C";J'~'";+~ Mayor, Ian Beard ~ ~L' "',,,";.,,.,.." "" ../' '(. ~ ~.<. ~2~' ,.eL~ lIo.(~~~__,,~ Clerk, Lynda Aiken . . , . SCHEDULE "A" SCHEDULE "A" TO BY-LAW 97 - TOWNSHIP OF ORO-MEDONTE ?O FOR THE CORPORATION OF THE Firstly: Part of the east half of Lot 36, Concession 1 E.P.R., Township of Oro-Medonte (formerly Township of Oro) , County of Simcoe, designated as Part 14, Plan 51R-16674. Secondly: Part of the original road allowance between Lots 35 and 36, Concession 1 E.P.R., Township of Oro-Medonte (formerly Township of Oro) , County of Simcoe, designated as Parts 16, 17 and 18, Plan 51R-16674. Thirdly: Part of Lot 35, Concession 1 E.P.R., Township of Oro- Medonte, (formerly Township of Oro), County of Simcoe, designated as Part 21, Plan 51R-16674. . . , SCHEDULE "B" TO BY-LAW 97 - TOWNSHIP OF ORO-MEDONTE SCHEDULE "B" 20 FOR THE CORPORATION OF THE PROVINCE OF ONTARIO COUNTY OF SIMCOE ) ) ) ) ) ) ) ) ) ) TO WIT , IN THE MATTER OF the stopping up and closing that part of the travelled road through part of the east half of Lot 36 and part of Lot 35, Conc. 1 E.P.R., and part of the original road allowance between Lots 35 and 36, Concession 1 E.P.R., Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, more particularly described as Parts 14, 17, 18 and 21 on Plan 51R- 16674. 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 part of the road allowance between Lots 35 and 36, Concession 1 E.P.R. and that part of the travelled road through part of the east half of Lot 36 and part of Lot 35, Concession 1 E.P.R., in the Township of Oro- Medonte (formerly Township of Oro) 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 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 February, 1997, and it continued thereafter for 4 consecutive weeks, the last publication being on the 26th day of February, 1997. The posting in six of the most public places in the immediate neighbourhood of the said road took place on the 16th day of January, 1997, 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 20th day of December, 1996, and no Notice of Objection has been received by me from the Council of the County of Simcoe. . . . /2 . , ~ . -: - 2 - 8. Council Meeting The proposed By-law came before the Municipal Council at its regular meeting on the 5th day March, 1997, 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 of Oro-Medonte, in the County of Simcoe, this 9th day of [June, 1998. ) ) ) ) A COMMISSIONER~ AFFIDAVITS, ETC. Exhibit "A" ,. 1~5;1997 Page 16 Orillia Packet & Times m .Notlc.. I m Notlc.. , ~ THE CORPORA nON OF THE TOWN~IiIP -&m~7#b~ The Corporation of The Township of Oro-Medonte NOTICE OF PROPOSED ROAD CLOSING BY....AW TAKE NOTICE that the Corporation of the Township fo 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 particularly described In Schedule. An 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 5th day of March. 1997 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: January 10,1997. Lynda Aiken Clerk of the Township of OrOoMedonte SCHEDULE" A" Flrst/y: Part of the east half of Lot 36, C9ncession 1 E.P.R., Township of Oro-Medone (formerly Township of Oro) , County of Simcoe, designated as Part 14. Plan 51R-16674 Secondly: Part of the origi(tal road allowance between Lots 35 and 36. Concession 1 E.P.R.. Township of Oro-Medonte (formerly Township of Oro). County of Simcoe; designated as Parts 16, 1 7 and 18. Plan 51R-16674. ThirdlY: Part of Lot 35. Concession 1 E. P.R. , Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, designated as Part 21 , Plan 51 R-16674. in the Affidavit of Lynda Aiken, This is Exhibit "A" mentioned and referred to sworn before me on the 9th day of June, 1998. lONER FOR TAKII."l; AFFIDAVITS, ETC. ~" ,... .. ... #."- Exhibit "B" THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED ROAD CLOSING 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 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 5th day of March, 1997 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: January 10, 1997 ~/y~ Lyni::la Aiken Clerk of the Township of Oro-Medonte SCHEDULE "A" Firstly: Part of the east half of Lot 36, Concession 1 E.P.R., Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, designated as Part 14, Plan 51R-16674. Secondly: Part of the original road allowance between Lots 35 and 36, Concession 1 E.P.R., Township of Oro-Medonte (formerly Township of Ora), County of Simcoe, designated as Parts 16, 17 and 18, Plan 51R-16674. Thirdly: Part of Lot 35, Concession 1 E.P.R., Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, designated as Part 21, Plan 51R-16674. 'Ibis is Exhibit "B" mentioned and referred to in the Affidavit of Lynda Aiken, sworn before me on the 9th day of June, 1998. A FOR TAKING AFFIDAVITS, Ere.