2004-042 To Permanently close and sell part of the original road allowance between Concession 3 and 4 (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 & 2
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
. .
BY-LAW NO. 2004-042
A By-law to permanently close and sell part of the original road allowance
between Concession 3 and 4 (geographic Township of Medonte), Township of
Oro-Medonte, County of Simcoe, designated as Parts land 2, Plan 51R-
32661.
WHEREAS pursuant to Section 11(2) of the Municipal Act, S.D. 2001, c.25, as
amended, Council is empowered to pass by-laws respecting highways;
AND WHEREAS pursuant to Section 34 of the Municipal Act, S.D. 2001, c.25, as
amended, Council is empowered to permanently close a highway after giving notice to
the public;
AND WHEREAS a part of the original road allowance between Concession 3 and 4,
(geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe,
designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule
"A" attached hereto and forming part of this By-law, is no longer required for municipal
purposes;
AND WHEREAS Section 268 of the Municipal Act, S.D. 2001, c.25, as amended,
authorizes a Council of a municipality to dispose of surplus land in accordance with the
provisions of a by-law passed by the Council, establishing procedures governing the
sale of such land;
AND WHEREAS Council passed By-law No. 2003-125 on the 26th day of November,
2003, being a By-law to govern the procedure for the sale of land within the Township
of Oro-Medonte, pursuant to Section 268 of the Municipal Act, S.D. 2001, c.25, as
amended;
AND WHEREAS Council has previously caused notice to be given of its intention to
stop up, close and sell the lands described in Schedule "A" attached, in accordance with
the requirements of Section 268 of the Municipal Act, and the requirements set out in
By-law 2003-125;
AND WHEREAS Council has determined that the said road is not required for
municipal purposes, and has by resolution declared part of the original road allowance
between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-
Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, 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 road
closure and sale of land from any party;
AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, S.D. 2001,
c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to permanently close and sell part of the original road allowance
between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-
Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more
particularly described in Schedule "A", to be published in newspapers of local
circulation;
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 21st day of
April, 2004, 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.
Permanently Close - Council does hereby permanently close between Concession
3 and 4, (geographic Township of Medonte), Township of Oro-Medonte, County
of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly
described in Schedule "A" and forming part of this By-law.
2.
Authorization of Sale - Council does hereby authorize the sale(exchange) of the
original road allowance between Concession 3 and 4, (geographic Township of
Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1
and 2, Plan 51R-32661, more particularly described in Schedule "A", to the
registered owner from time to time of the land described as West Half of Lots 1
and 2, Concession 4, Township of Oro-Medonte (Horseshoe Valley Resort
Limited).
3.
Sale Price - In accordance with By-law 2003-125, Council hereby sets the sale
price for part of the original road allowance between Concession 3 and 4,
(geographic Township of Medonte), Township of Oro-Medonte, County of
Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly
described in Schedule "A" at a consideration of nil.
4.
Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law.
5.
Clerk's Affidavit -Schedule "B" attached hereto and forming part of this By-law is
an Affidavit of Marilyn Pennycook, Clerk of The Corporation of the Township of
Oro-Medonte, setting out the procedures taken for the publishing of the said
Notice pursuant to the provisions of the Municipal Act.
BY-LAW READ A FIRST AND SECOND TIME THIS 21sT DAY OF APRIL, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21sT DAY OF APRIL
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "A"
to By-law No. 2004-042 for The Corporation of the Township of Oro-Medonte
Part of the original road allowance between Concession 3 and 4, (geographic Township
of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and
2, Plan 51R-32661.
,"
Schedule "B"
to By-law 2004-042 for The Corporation of the Township of Oro-Medonte
PROVINCE OF ONTARIO, COUNTY OF SIMCOE,
IN THE MATTER of the permanent closing and
sale of part of the original road allowance
between Concession 3 and 4, (geographic
Township of Medonte), Township of Oro-
Medonte, County of Simcoe, designated as
Parts 1 and 2, Plan 51R-32661
AFFIDAVIT
I, Marilyn Pennycook, 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 of.
2.
Publication
Pursuant to Sections 34 and 268 of the Municipal Act, S.D. 2001, c.25, and
amendments thereto, I did cause to be published in the Barrie Examiner, The
Orillia Packet and Times and the Midland Free Press newspapers of local
circulation, a Notice of the proposal by The Corporation of the Township of Oro-
Medonte to pass a By-law to permanently close and sell part of the original road
allowance between Concession 3 and 4, (geographic Township of Medonte),
Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan
51R-32661, described in the said Notice.
3.
Copy of Notice
Attached to this my Affidavit as Exhibit "A" is a copy of the actual Notice as it
appeared in the Barrie Examiner, Orillia Packet and Times and the Midland Free
Press.
4.
Date of Publication
A Notice of permanent closure and sale was published on the 3rd day of April,
2004 in the Barrie Examiner and Orillia Packet and Times. The Notice of
permanent closure and sale was published in the Midland Free Press on the 6th
day of April, 2004.
5.
Council Meeting
The proposed By-law came before the Municipal Council at its regular meeting on
the 21st day of April, 2004, and at that time, no person or persons made any
claim that his land would be prejudicially affected by the By-law.
SWORN before me at the Township
of Oro-Medonte, in the County of
Simcoe, this day of Art."L 2004.
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.
Exhibi t "A" to Schedule "B"
By-law No. 2004-042
T~O W N(~Ii lp.
-rgÆ-~ 7Æi?-Mk
THE CORPORATION OFTHE'TOWNSBIP QFORO..MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALEBY-LAW
,
I TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes to
pass a By-law to pennanently close and sell a portion of road in the Township of Oro-
, CountY of S , more particularly described in Schedule "A" hereto.
THER TAKE NOTICE that the proposed By-law will come before the
of The Corporation of the Township of Oro-Medonteat its regular meeting toöé
held ,e Council Chambers on the 21" day of April at7:00 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, Comments may also be
submitted, in writing, to the Clerk prior to April 21, 2004,
DATEDAT THE TOWNSHIP. OF ORO-MEDONTETHIS 1ST DAY OF APRIL, 2004."
'MäñfyìïPëììñycoõ1C, Cle'ÌX
Township of Oro-Medonte
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SCHEDULE "A"
Part of the original road alloWance between Concessiolls 3 and 4 (geographic Township
of Medonte), more particularly described as P¡u't land Part 2, 51R-32661, Township of
Oro-Medonte, County of Simcoe.
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(1) Registry IZJ
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(2) Page 1 of 6
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(4) Nature of Document
Bylaw No. 2004-042
(5) Consideration NIL
Dollars
$ NIL
(6) Description
Part of the original Road Allowance between Concessions 3 and 4,
designated as Parts 1 and 2 Plan 51R-32661, Township of Oro-Medonte
(Geographic Township of Medonte), County of Simcoe
(7) This
Document
Contains
THE CORPORATION OF THE TOWNSIDP OF
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ORO-MEDONTE
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by its authorized agent, Shirley Partridge
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(15) Document Prepared by:
The Corporation of The Township of
Oro-Medonte
Box 100, On LOL 2EO
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