2004-070 To Permanently close a portion of the original road allowance known as The portion of Beach Road fronting Lots 20-27, Plan 949
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BY-LAW NO. 2004-070
A By-law to permanently close a portion of the original road allowance
known as The portion of Beach Road fronting Lots 20-27, Plan 949,
(former Township of Orillia, Southern Division),
more particularly described as Part 1, Plan 51R-32488,
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 Beach Road fronting
Lots 20-27, Plan 949, (former Township of Orillia, Southern Division), more particularly
described as Part 1, Plan 51R-32488, Township of Oro-Medonte, County of Simcoe,
described in Schedule "A" 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 "A" 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 Beach Road fronting Lots 20-27, Plan 949, (former Township of Orillia,
Southern Division), more particularly described as Part 1, Plan 51R-32488, 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 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
Beach Road fronting Lots 20-27, Plan 949, (former Township of Orillia, Southern
Division), more particularly described as Part 1, Plan 51R-32488, Township of Oro-
Medonte, County of Simcoe, 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 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 Beach Road fronting Lots 20-27, Plan 949, (former
Township of Orillia, Southern Division), more particularly described as Part 1,
Plan 51R-32488, Township of Oro-Medonte, County of Simcoe, more particularly
described in Schedule "A" 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 "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 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
-U
Schedule "A"
to By-law No. 2004-070 for The Corporation of the Township of Oro-Medonte
Part of the original road allowance known as Beach Road fronting Lots 20-27, Plan 949,
(former Township of Orillia, Southern Division), more particularly described as Part 1,
Plan 51R-32488, Township of Oro-Medonte, County of Simcoe.
Schedule "B"
to By-law 2004-070 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
Beach Road fronting Lots 20-27, Plan 949,
(former Township of Orillia, Southern Division),
more particularly described as Part 1, Plan
51R-32488, 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 Beach
Road fronting Lots 20-27, Plan 949, (former Township of Orillia, Southern
Division), more particularly described as Part 1, Plan 51R-32488, 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, 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.
s.
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 of~ 2004.
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Exhibit "A" to Schedule "B"
of By-Law No. 2004-070
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THE CORPORATION OF THE TOWNSHIP OF ORO:;MEDONTE
NOTICE OF PERMANENT CLOSURE OF A ROAD ALLOWANCE
I
!TAKE NOTICE that The Corporation of the Township of Oro-Medonte propos
to pass a By-law for the permanent closure of a road allowance in the Townshi
lof Oro-Medonte, County of Simcoe, more particularly described in Schedule "A"
I hereto.
! AND FURTHER TAKE NOTICE that the proposed By-Law will come before t
, Council of The Corporation of the Township of Oro-Medonte at its regular
i meeting to be held at the Council Chambers on the 16th day of June, 2004 at
7:00 o'cloc~ 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 8th DAY OF JUNE
2004.
Marilyn Pennycook, Clerk
SCHEDULE "A"
The portion of Beach Road fronting Lots 20-27, Plan 949, (former Township of
Orillìa, Southem Division), more particularly described as Part 1, Plan 51R-
32488, Township of Oro-Medonte, County of Simcoe.
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