2004-069 To Permanently close a portion of the original road allowance known as Lakeview Avenue, Plan 949, (former Township of Orillia, Southern Division), more particularly described as Part 2, Plan 51R-19595
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-069
A By-law to permanently close a portion of the original road allowance
known as 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.
WHEREAS pursuant to Section 11(2) of the Municipal Act, S.O. 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.O. 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 known as 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
Schedule "AfT attached hereto and forming part of this By-law, is no longer required for
municipal purposes;
AND WHEREAS Council has previously caused notice to be given of its intention to
permanently close the lands described in Schedule "AfT attached hereto, in accordance
with the requirements of Section 34 of the Municipal Act; .
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
known as 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 "AfT 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 Section 34 of the Municipal Act, S.O. 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 part of the original road allowance known as
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 "AfT, 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 16th day of
June, 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 part of the original
road allowance known as 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 "AfT and forming part of this By-law.
2.
Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law.
3.
Clerk's Affidavit -Schedule "BfT 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 16TH DAY OF JUNE, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JUNE,
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~r, ~~
Schedule "A"
to By-law No. 2004-069 for The Corporation of the Township of Oro-Medonte
Part of the original road allowance known as 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 2004-069 for The Corporation of the Township of Oro-Medonte
PROVINCE OF ONTARIO, COUNTY OF SIMCOE,
IN THE MATTER of the permanent closing of
part of the original road allowance known as
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.
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 34 of the Municipal Act, S.O. 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 part of the original road allowance known as
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 "AfT 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 was published on the 11th day of June, 2004 in
the Barrie Examiner, the Orillia Packet and Times and the Midland Free Press.
5.
Council Meeting
The proposed By-law came before the Municipal Council at its regular meeting on
the 16th day of June, 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 2004.
)
)
)
ÎjMMI ~ 0 TAKING AFFIDAVITS, Ere.
/ Jennifer Linda Zieleniewski,
a Commissioner, etc.,County of Simcoe,
for the Township of Oro-MedOnœ.
Expires May 25. 2007
Exhibit "A" to Schedule "B"
of By-Law No. 2004-069
,
"ßM~.A.\~ E:.xAm,~b..~ ..:r"'ÑE- II. 0'"
11IE CORPORA 11ON OF 11Œ
TOWN&IiIP
(1ì~°:A~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PERMANENT CLOSURE OF A ROAD ALLOWANCE
TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law for the permanent closure of a road allowance in the Township
of Ore-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 Ora-Medonte at its regular
meeting to be held at the Council Chambers on the 16th day of June, 2004 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 bytheSy-law. .
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 8th DAY OF JUNE
2004. .
Marilyn PennycoOk,Clerk
SCHEDULE "A"
The portion of Lakeview Avenue Pian 949 (former Township of Orima, Southern
Division), more particularly described as Part 2, Plan 51R-19595, Township of
Oro-Medonte, County of Simcoe,
....
,..
.5
:;:
;Z
Ii
~
.~
~
'"
..
..J
L'
ass a e I eraa
--- Subject Property