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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. ) ) ) . 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 . """-""""'~""."""'~'".7.",,"r ,. '.>,"'=7' , 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. t II~ \ W Province ~Of Ontario Ontario >- ..J Z 0 UJ (/) ::J UJ () ¡¡: u.. 0 a:: 0 LL. 0 If) 0') (.Q (.Q ::r t""""t zi- .z - ',.; :;;::.:<r fC :~ td ,- >,- en i C'J I-' 111::: W <iii> New Property Identifiers Executions (8) This Document provides as follows: ~" :::r~ .-I :::>- a::: E: Additional: See D Schedule Additional: See Schedule D (9) This Document relates to instrument number(s) (10) Parties (Set out Status or Interest) Name(s) Document General Form 4 - Land Registration Reform Act (1) Registry IZJ (3) Property Identifiers !: ,", 1-- UPPER CANADA DOCUMENTS www,ucdocuments,com D Land Titles D (2) Page 1 of 6 pages Block Property Additional: See D Schedule (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 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'" ORO-MEDONTE ...........,............."......."............,................"""""""""""""""""""""""""""""" ,...~~:':l.~.~!P~.~~!~..................................................,""""""""""""""""""""" by its authorized agent, Shirley Partridge (11) Addres~ Box 100, Oro, On LOL 2EO for Service (12) Party(ies) (Set out Status or Interest) Name(s) """"""""""""""""""""""""""""""""'"""""""""","""""""""""""""""""" """"""""""""""""""""""""""""""""".........................,................................., """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" (13) Address for Service (14) Municipal Address of Property not assigned (a) Redescription New Easement Plan/Sketch D (b) Schedule for: Description D Additional Parties D Other IZJ Continued on Schedule D Signature(s) Date of Signature Y M D . .. , ., , .. , ,. , " , ,. , ,. , ,. , ,. , ,. ..,.....,..............................,............."............,...,................-....,....."....,.................,.. , ., . .. . " , ,. , " . " . " . " , .. """"""""""""""'-"""""""""""""""""'" . " . ., . " , " ~"! !! ........ '!"';"'~'~~~"r~~"r"'~~" Date of Signature Y M D Signature(s) . " , ., , ., , " . " , " , " . .. . .. ,.......",..""".",............,...,.,.",.,..........."""""""""""""'¡-""""""""1""""'¡-"""'" l'jL. ~ z 0 w I/ ;:) w 0 ¡¡: u. 0 a:: 0 u. Fees and Tax Registration Fee (15) Document Prepared by: The Corporation of The Township of Oro-Medonte Box 100, On LOL 2EO Total