2001-099 To Stop up, Close and sell Part of the Original Road Allowance between Lots 5 and 6, in Part of the West Half of Lot 5, Concession 10, more particularly described as Part 2 on Registered Plan 51R-3700
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2001-99
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A By-law to stop up, close and sell Part of the Original Road Allowance
between Lots 5 and 6, in Part of the West Half of Lot 5, Concession 10, more
particularly described as Part 2 on Registered Plan 51R-3700 (former
Township of Medonte), Township of Oro-Medonte, County of Simcoe.
WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O. 1990, c.M.45, as
amended, Council is empowered to stop up and close any part of a highway;
ANlD WHEREAS pursuant to Section 315 of the Municipal Act, R.5.0. 1990, c.M.45, as
amended, Council is empowered to sell any part of a highway which is legally stopped
up and closed;
ANlD WHEREAS, Part of the Original Road Allowance between Lots 5 and 6, in Part of
the West Half of Lot 5, Concession 10, Township of Oro-Medonte, County of Simcoe
more particularly described in Schedule "A" attached hereto and forming part of this By-
law, is no longer required for municipal purposes;
AND WHEREAS the Municipal Act, R.5.0. 1990, c.M.45, sections 191 and 193, as
amended, authorize a Count"' of a municipality to dispose of surplus real property in
accordance with the provisions of a by-law passed by the Council, establishing
procedures governing the sale of such property;
AND WHEREAS Council passed By-law No. 1996-35 on the lih day of April, 1996,
being a By-law to establish procedures to provide for the disposal of real property
within the Township of Oro-Medonte, pursuant to Section 193(2) of the Municipal Act,
R5.0. 1990, c.M.45, as amended;
AND WHEREAS Council has previously caused notice of its intention to stop up, close
and sell the lands described in Schedule "A" attached to be given, in accordance with
the requirements of Section 300 of the Municipal Act, and the requirements set out in
By-law 1996-35;
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 Lots 5 and 6, in Part of the West Half of Lot 5, Concession 10, Township of
Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached
hereto and forming part of this By-law, to be surplus to the municipality;
AND WHEREAS, Council has received no notice of objection to the proposed property
disposal from any party;
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AND WHEREAS pursuant to Section 300 of the Municipal Act, R.5.0. 1990, c.M.45, as
amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to stop up, close and sell Part of the Original Road Allowance between
Lots 5 and 6, in Part of the West Half of Lot 5, Concession 10, more particularly
described as Part 2 on Registered Plan 51R-3700 (former Township of Medonte),
Township of Oro-Medonte, County of Simcoe, to be published for four consecutive
weeks in 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 road;
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AND WHEREAS pursuant to Section 297(6) of the Municipal Act, R.S.O. 1990, c.M.45,
as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of Proposed
By-law to be sent to the Clerk of the County of Simcoe and has received no notice of
objection to same;
.
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 3rd day of
October 2001, 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. Stop Up and Close - Council does hereby stop up and close Part of the Original
Road Allowance between Lots 5 and 6, in Part of the West Half of Lot 5,
Concession 10, Township of Oro-Medonte, County of Simcoe. more particularly
described in Schedule "A" attached hereto and forming part of this By-law.
2. The Clerk shall, by notice in writing sent by Registered and regular mail, offer to
sell the lands described in Schedule "A" attached hereto and forming part of this
By-law to the owners of the abutting lands in accordance with Section 315 of the
Municipal Act, R.S.O. 1990 c.M.45, as amended. In the event that the owners of
the lands abutting the lands described in Schedule "A" attached hereto and
forming part of this By-law do not exercise their right to purchase within 30 days
from the date of posting of the said Notice of Offer to Sell, the Offer to Sell shall
lapse, and The Corporation of the Township of Oro-Medonte may proceed to sell
the land that the abutting owner had the right to purchase to any other person
at the sale price set by Council.
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 and posting of
the said Notice pursuant to the provisions of the Municipal Act.
BY-LAW READ A FIRST AND SECOND TIME THIS 3RD DAY OF OCTOBER 2001.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS3rdDAY OFbct2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian eard
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Schedule "A"
to By-law No. 2001-99 for The Corporation of the Township of Oro-Medonte
Part of the Original Road Allowance between Lots 5 and 6, in Part of the West Half of
Lot 5, Concession 10, more particularly described as Part 2 on Registered Plan 51R-
3700 (former Township of Medonte), Township of Oro-Medonte, County of Simcoe.
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Schedule "B"
to By-law 2001-99 for The Corporation of the Township of Oro-Medonte
.
PROVINCE OF ONTARIO, COUNTY OF SIMCOE,
IN THE MATTER of the stopping up, closing,
and selling, of Part of the Original Road
Allowance between Lots 5 and 6, in Part of the
West Half of Lot 5, Concession 10, more
particularly described as Part 2 on Registered
Plan 51R-3700 (former Township of Medonte),
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 300 of the Municipal Act, R.S.O. 1990, c.M.45, 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 stop up, close and to sell Part of the Original Road
Allowance between Lots 5 and 6, in Part of the West Half of Lot 5, Concession
10, more particularly described as Part 2 on Registered Plan 51R-3700 (former
Township of Medonte), Township of Oro-Medonte, County of Simcoe, described
in the said Notice.
3. Posting
Pursuant to the said Section 300, I did cause a Notice of the said proposal to be
posted up for at least one month in six of the most public places in the
immediate neighbourhood of the said portions of road.
4. COpy of Notice
Attached to this my Affidavit as Exhibits "A" and "B" is a copy of the actual
Notice as it appeared in the Barrie Examiner, Orillia Packet and Times and the
Midland Free Press and as it was posted.
,
5.
Dates of Publication and Postinq
The first publication was on the 4th day of September 2001, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 25th day of
September 2001. The posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 4th day of September 2001,
and such Notices remained on the sites for at least one month.
6. Service of County of Simcoe
Pursuant to Section 297(6) of the said Municipal Act, I caused to be notified, in
writing, the Clerk of the County of Simcoe, Notice of the intention of the
Township of Oro-Medonte to pass the said By-law on the 3rd day of October,
2001 and no Notice of Objection has been received by me from the Council of
the County of Simcoe.
.
7.
Council Meetinq
The proposed By-law came before the Municipal Council at its regular meeting on
the 3rd day of October 2001, 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 3rd day of October 2001. )
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A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
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EXHIBIT "A" TO SCHEDULE "B" OF BY-LAW NUMBER 2001-99
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BXHIB:tT "B" TO SCHEDULE "B" OF BY-LAW NUMBER 2001-99
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township ofOro-Medonte proposes to pass a
J3y-law to stop up, close and sell a portion of road in the Township ofOro-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 ofOro-Medonte at its ~eeting to be held at the Council
Chambers on the 3rd day of October, 2001 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 by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 30th DAY OF AUGUST, 2001.
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SCHEDULE "A"
Part of the original road allowance between Lots 5 and 6, in Part of the West Half Lot 5,
Concession 10, more particularly described as Part 2 on Registered Plan 5] R-3700 (fonner
Township ofMedonte), Township of Oro-Medonte, County of Simcoe.
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