1993-019 Medonte
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THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NO. 1993 - Iq
A BY-LAW AUTHORIZE THE SALE of the closed portion of West Street,
Registered Plan 261A, Township of Medonte, County of Simcoe,
designated as Parts 1 and 20n Plan 51R-23212
WHEREAS that part of the unopened portion of West Street on
Registered Plan 261A, Township of Medonte, County of Simcoe,
designated as Parts 1 and 2 on Plan 51R-23212 (hereinafter referred
to as the "said lands") was closed by Judge's Order pursuant to
Section 88 of the Registry Act R.S.O. 1990, c.R.20 on the 26th day
of January, 1993;
AND WHEREAS pursuant to Section 297(1) of the Municipal Act,
R.S.O. 1990, c.M.45, Council is empowered to sell any part of a
highway which is legally closed;
AND WHEREAS pursuant to Section 315 of the said Municipal Act,
Council is required to set the sale price of the lands to be sold
by by-law, and to offer to the owner of the lands abutting, the
lands to be sold;
AND WHEREAS the closed portion of West Street on Registered
Plan 261A, Township of Medonte, County of Simcoe designated as
Parts 1 and 2, Plan 51R-23212 is no longer required for municipal
purposes;
AND WHEREAS the Clerk of the Township of Medonte did cause a
Notice of the proposal to close and sell the said lands to be
published for four consecutive weeks in a newspaper or newspapers
of local circulation, and did cause such Notice to be posted up for
at least one month in six of the most public places in the
immediate neighbourhood of the said lands.
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF MEDONTE HEREBY ENACTS
AS FOLLOWS:
1. Authorization of Sale - This Council does hereby authorize the
sale of the lands described as part of West Street on
Registered Plan 261A, Township of Medonte, County of Simcoe,
designated as Parts 1 and 2 on Plan 51R-23212, to the owner or
owners of the abutting lands.
2.
Sale Price - In accordance with Section 315 of the said
Municipal Act, this Council hereby sets the sale price for the
said lands as follows:
a) Part 1, Plan 51R-23212 - $1,000.00
b) Part 2, Plan 51R-23212 - $1,000.00
Execution of Documents - The Reeve and Clerk are hereby
authorized to sign all documents to carry out the intent of
this By-law.
5. Clerk's Affidavit - There shall be attached to this By-law as
Schedule "A" an Affidavit of Gary Cunnington, Clerk of the
Corporation of the Township of Medonte, setting out the
procedures taken for the publishing and posting of the said
Notice pursuant to the provisions of the Municipal Act.
4.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON
THE \If't-ll DAY OF YUIV , 1993.
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
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SCHEDULE "A"
SCHEDULE "A" TO BY-LAW 1993 -19. FOR THE CORPORATION OF THE TOWNSHIP
OF MEDONTE
PROVINCE OF ONTARIO
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IN THE MATTER OF the sale of
the closed portion of West
Street on Registered Plan 261A,
in the Township of Medonte,
County of Simcoe, designated as
Parts 1 and 2 on Plan 51R-
23212.
COUNTY OF SIMCOE
TO WIT
A F F I D A V I T
I, GARY CUNNINGTON, of the Township of 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 Medonte,
and as such have knowledge of the facts herein deposed to.
2. Publication and Posting
Pursuant to Section 300 of the Municipal Act, R.S.O. 1990,
c.M.45, and amendments thereto, I did cause there to be
published in the Elmvale Lance, a newspaper of local
circulation, and to be posted up in six of the most public
places in the immediate neighbourhood of the said highway, a
Notice of the proposal by the Corporation of the Township of
Medonte to close and to sell part of the road allowance being
all of West Street on Registered Plan 261A, Township of
Medonte, County of Simcoe, and designated as Parts 1 and 2 on
Plan 51R-23212.
3. COpy of Notice
Attached to this my Affidavit as Exhibit "A" is a copy of the
actual Notice as it appeared in the Elmvale Lance.
4.
Dates of Publication and Posting
The first publication was on the 13th day of October, 1992 and
it continued thereafter for 4 consecutive weeks, the last
publication being on the 3rd day of November, 1992. The
posting in six of the most public places in the immediate
neighbourhood of the said highway took place on the 15th day
of October, 1992, and such Notices remained on the sites for
at least one month.
5.
Additional Notification
Notice of the proposed road closing was sent to Bell Canada,
Ontario Hydro, Department of Public Works, Ministry of the
Environment, Ministry of Natural Resources and Ministry of
Transportation and Communications, and they have all advised
in writing that they have no objection to the road closing.
6.
Council Meeting
The proposed by-law came before the Municipal Council at its
regular meeting on the 9th day of November, 1992, and at that
time, no person or persons made any claim that his land would
be prejudicially affected by the By-law, nor did any person
apply to be heard.
SWORN before me at the Township
of Medonte, in the County of
Simcoe, this day of
, 1993.
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GARY CUNNINGTON
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
EXHIBIT "A" TO BY-LAW 1993-19
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Tuesday,Octobet13,1992
TOWNSHIP OF MEDONTE
Notice of Proposed Road
Closing and Sale By-Law
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TAKE NOTICE that the Corporation of the Township of
Medonte proposes to pass a By-law to stop up and close
part of the untravelled portion of the public road being all of
West Street on Registered Plan 261 A, Township of Medonte,
in the County of Simcoe and designated as Parts 1 and 2 on
Plan 51R-23212.
AND FURTHER TAKE NOTICE that the Corporation of the
Township of Medonte proposes by the aforesaid By-law to
authorize the sale and conveyance of that part of the road
which is closed and stopped up to the owner of the land
abutting the same, or otherwise in accordance with the
provisions of the Municipal Act, R.S.O. 1990, C.MA5, at a
consideration to be determined by By-law of Council.
AND FURTHER TAKE NOTICE that the proposed By-law will
come before the Council of the Corporation of the Township
of Medonte at its regular meeting to be held at the Council
Chambers on the 9th day of November, '1992 at 7 o'clock
p.m. and at that lime 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: October 15,1992
Gary Cunnington
Clerk .
of the Township of Medonta
EXPLANATORY NOTE
The portions of tha public road to ba closed have naver been
open and travelled by the public as a highway. The portions
of the public road to be closed are to be conveyed to the
abutting owners, or otherwise in accordance with the
provisions of the Municipal Act R.S.O. 1990, C.M.45, as
amended.
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