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2004-059 To Authorize the sale(exchange) of surplus land to The Ministry of Natural Resources, The portion of Lakeview Avenue Plan 949 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-0S9 A By-law to authorize the sale (exchange) of surplus land to The Ministry of Natural Resources, The portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan SlR-19S9S, Township of Oro-Medonte, County of Simcoe. WHEREAS Section 268 of the Municipal Act, 5.0. 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, 5.0. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to sell the land 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 land is not required for municipal purposes, and has by resolution declared the land designated as the portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595, Township of Oro-Medonte, County of Simcoe, 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 sale (exchange) of land from any party; AND WHEREAS pursuant to Section 268 of the Municipal Act, 5.0. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to sell the land designated as the portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595, Township of Oro-Medonte, County of Simcoe, 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 2nd day of June, 2004, and at that time no person objected to the proposed By-law nor claimed that his/her land would be prejudicially affected. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Authorization of Sale (Exchange) - Council does hereby authorize the sale (exchange) of the land designated as the portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595, Township of Oro-Medonte, County of Simcoe, as described in Schedule "A" attached hereto. 2. Sale Price - In accordance with By-law 2003-125, Council hereby sets the sale (exchange) price for land designated as the portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595, Township of Oro-Medonte, County of Simcoe, at no cost other than one-half of the legal fees incurred. 3. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 4. 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 2ND DAY OF JUNE, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF JUNE, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE M Schedule "A" to By-law No. 2004-0S9 for The Corporation of the Township of Oro-Medonte The portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595, Township of Oro- Medonte, County of Simcoe. Schedule "B" to By-law 2004-0S9 for The Corporation of the Township of Oro-Medonte PROVINCE OF ONTARIO, COUNTY OF SIMCOE, IN THE MATTER of the sale (exchange) of land designated as the portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan SlR-19S9S, Township of Oro-Medonte, County of Simcoe. 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 Section 268 of the Municipal Act, 5.0. 2001, c.25, and amendments thereto, I did cause to be published in the Barrie Examiner, Midland Free Press and Orillia Packet & Times, a newspaper of local circulation, a Notice of the proposal by The Corporation of the Township of Oro-Medonte to pass a By-law to sell land designated as the portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595, Township of Oro-Medonte, County of Simcoe, 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, Midland Free Press and Orillia Packet & Times. 4. Date of Publication A Notice of Sale of Land was published on the 21st day of May, 2004. 5. Council Meeting The proposed By-law came before the Municipal Council at it5 regular meeting on the 2nd day of June, 2004, and at that time, no person or persons made any claim that his/her 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 ';) 2004. ) ---1~ --t?~ A COMMISSIONER FOR AKING AFFIDAVITS, ETC. iiiiona Laura Leigh, a Commissioner, etc., County of Simcoe, For the Township of Oro-Medonte. Expires April 8, 2007 '!j , . A . Exhibit "A" of Schedule B of By-Law No. 2004-59 TIfE CORPORATION Of' THE TOWN6tIIP 19m- o~~ THE CORtJORA TION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED SALE OF SURPLUS LANDS TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes to pass a By-law for the sale of surplus lands in the Township of Oro-Medonte, 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 2nd day of June, 2004 at 7:00 o'dock 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 19th DAY OF MAY 2004. Marilyn Pennycook, Clerk SCHEDULE "A" The portion of Lakeview Avenue Plan 949 (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 61R-19595, Township of Oro-Medonte, County of Simcoe. IC e ,.... :r tI> . f:. ~ ~ OJ .~ "'" ttI ..J ass a e I eroa \ . Subject Property I