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HomeMy WebLinkAbout23 024 Establish and Assume Lands as a Public Highway (Morrison Crescent and Coombs Drive) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE i4 ***r ;► ,,., /, �UyIC/PALITY OF K1Nv�\• � BY-LAW No. 2023 - 024 Being a By-law to Establish and Assume Morrison Crescent and Coombs Drive on Plan 3M98 as Part of the Public Highway System for The Municipality of Kincardine Whereas pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges or a natural person for the purpose of exercising its authority under this or any other Act; and Whereas the Municipal Act, 2001, S.O. 2001, c. 25, authorizes a Municipality to pass By-laws regarding Highways; and Whereas pursuant to s. 31(2) of the Municipal Act, 2001, after January 1, 2003, land may only become a public highway by virtue of a by-law establishing the highway; and Whereas the development located at Plan 3M-98 in the Municipality of Kincardine and known as Stonehaven Phase II and Stonehaven Phase Ill has been completed to the satisfaction of the Municipality; and Whereas The Corporation of the Municipality of Kincardine is the owner of the lands described in Schedule "A" of this By-law; and Whereas it is the desire of the Council of The Corporation of the Municipality of Kincardine to repeal By-law 2017-052 as the lands contained in Schedule "A" of the By-law were insufficiently described for registration purposes in the Bruce County Registry Office (LRO#3); and Whereas the Council of the Municipality of Kincardine now desires to establish and assume the public highways created by Plan 3M-98 and located within the Phase II and Phase Ill part of the development as described further in Schedule "A" of this By-law; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That By-law 2017-052 is hereby repealed. 2. That the lands described in Schedule "A" to this By-law are hereby established and assumed by The Municipality of Kincardine as public highways for public use and shall be known as identified in Schedule "A". 3. That the Mayor and CAO are hereby authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine the necessary documents to fulfill the intent of this By-law. 4. That this By-law shall come into full force and take effect upon third and final reading thereof. 5. This By-law may be cited as the "Establish and Assume Lands as a Public Highway (Morrison Crescent, Coombs Drive, Wieck Boulevard, McCullough Crescent) By-law" Read a First, Second Time this 13th day of February, 2023 Read a Third Time and Finally Passed this 13th day of February, 2023 1 ....;/14414/a 61' , Mayor Deputy Clerk Schedule "A" to By-law No. 2023 - 024 Legal Description: 1. That the lands described as PCL STREETS-1 SEC 3M98; MORRISON CRES PL 3M98; KINCARDINE being all of PIN 33315-0185 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as "Morrison Crescent". 2. That the lands described as PCL STREETS-1 SEC 3M98; COOMBE DR PL 3M98; KINCARDINE being all of PIN 33315-0184 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as "Coombe Drive" 3. That the lands described as PCL STREETS-1 SEC 3M98; WIECK BLVD PL 3M98; KINCARDINE being all of PIN 33315-0183 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as "Wieck Boulevard". 4. That the lands described as PCL STREETS-1 SEC 3M98; MCCULLOUGH CRES PL 3M98; KINCARDINE being all of PIN 33315-0182 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as "McCullough Crescent" ACKNOWLEDGEMENT AND DIRECTION TO: Oleksandr(Alex)Bondarenko AND TO: The Ross Firm Professional Corporation RE: The Corporation of the Municipality of Kincardine Application By-Law to Establish Public Highways Morrison Cres,Coombe Dr.,Wieck Blvd and McCullough Cres. PIN(s)33315-0185 (LT)and 33315-0184(LT),33315-0183(LT)and 33315-0182(LT) Our File No.:2023-40836 This will confirm the following: 1. We have/I have reviewed the information set out below and attached and the information is accurate. 2. You,your agent or employee are authorized and directed to sign, deliver, and/or register electronically on my behalf the document(s) described in this Acknowledgment and Direction as well as any other document(s)required to complete the transaction described above. 3. You are hereby authorized to insert any information that may be required in the electronic documents described in this Acknowledgment and Direction that may not be available to you at the time of execution of this Acknowledgment and Direction. 4. The effect of the electronic documents described in this Acknowledgment and Direction has been fully explained to us/me and we/I understand that we are/I am parties to and are bound by the terms and provisions of these electronic documents to the same extent as if we/I had signed these documents. 5. We are/I am, in fact, the parties named in the electronic documents described in this Acknowledgment and Direction and I/we have not misrepresented our identities to you. 6. I/We hereby authorize you to make any minor, non-material alterations that may be required by the Land Registry Office or any governmental agencies or governmental authorities to effect certification of the electronic documents described in this Acknowledgment and Direction by the Land Registry Office. 7. This Acknowledgment and Direction may be executed in counterpart and each such counterpart shall,for all purposes, constitute one document binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart,provided that each party has signed at least one counterpart. 8. Execution of the Acknowledgment and Direction by facsimile transmission or by e-mail shall be binding upon each party hereto and upon the party so signing by facsimile or e- mail transmission. DESCRIPTION OF DOCUMENT: Application By-Law to Establish Public Highways Date: February 13 ,2023 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kenneth Craig IIIIIIIIIIIIIIIIIIIIIIII°���'��'����������� Slg;d wlth Conslgn0 Cloud(2023/02/16) Verify with verifio.Cm or Adobe Reader. Per: Name: Kenneth Craig Title: Mayor lleg ywithve',ifio,,O,0 o'oAdo 2 beReader6 11 l l�llllll�ulll�ll l Per: SeY�n�Bellchamber-Glazier L.......... Name: Jillene Bellchamber-Glazier Title: CAO We have the authority to bind the Corporation. LRO# 3 Application Bylaw To Establish Public In preparation on 2023 01 30 at 16:17 Highways This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 33315-0185 LT Description PCL STREETS-1 SEC 3M98;MORRISON CRES PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0184 LT Description PCL STREETS-1 SEC 3M98;COOMBE DR PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0183 LT Description PCL STREETS-1 SEC 3M98;WIECK BLVD PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0182 LT Description PCL STREETS-1 SEC 3M98;MCCULLOUGH CRES PL 3M98;KINCARDINE Address KINCARDINE Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 This document is being authorized by a municipal corporation Kenneth Craig,Mayor and Jillene Bellchamber-Glazier,CAO. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-law. File Number Applicant Client File Number: 2023-40836 ACKNOWLEDGEMENT AND DIRECTION TO: Oleksandr(Alex)Bondarenko AND TO: The Ross Firm Professional Corporation RE: The Corporation of the Municipality of Kincardine Application to Change Name-Owners-Morrison Crescent/Coombe Drive/ Wieck Drive/McCullough Crescent PIN(s)33315-0185 (LT),33315-0184(LT),33315-0183(LT)and 33315-0182(LT) Our File No.:2023-40836 This will confirm the following: 1. We have/I have reviewed the information set out below and attached and the information is accurate. 2. You,your agent or employee are authorized and directed to sign, deliver, and/or register electronically on my behalf the document(s) described in this Acknowledgment and Direction as well as any other document(s)required to complete the transaction described above. 3. You are hereby authorized to insert any information that may be required in the electronic documents described in this Acknowledgment and Direction that may not be available to you at the time of execution of this Acknowledgment and Direction. 4. The effect of the electronic documents described in this Acknowledgment and Direction has been fully explained to us/me and we/I understand that we are/I am parties to and are bound by the terms and provisions of these electronic documents to the same extent as if we/I had signed these documents. 5. We are/I am, in fact, the parties named in the electronic documents described in this Acknowledgment and Direction and I/we have not misrepresented our identities to you. 6. I/We hereby authorize you to make any minor, non-material alterations that may be required by the Land Registry Office or any governmental agencies or governmental authorities to effect certification of the electronic documents described in this Acknowledgment and Direction by the Land Registry Office. 7. This Acknowledgment and Direction may be executed in counterpart and each such counterpart shall,for all purposes, constitute one document binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart,provided that each party has signed at least one counterpart. 8. Execution of the Acknowledgment and Direction by facsimile transmission or by e-mail shall be binding upon each party hereto and upon the party so signing by facsimile or e- mail transmission. DESCRIPTION OF DOCUMENT: Application to Change Name-Owners Date: February 13 2023 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kenneth Craig IIIIIIIIIII i wt h Conslgmn0 Cloud(202R3eaderPer: Vgrnedwthvf . ) I II V III Iml III .. Name: Kenneth Craig Title: Mayor JilleneBelkhamber-Glazier������������������� °�iiu�uiudllm Signed wlt'h Conslgn0 Cloud(2023/02/16) Verify with verifio._or Adobe Reader. Per: ............ Name: Jillene Bellchamber-Glazier Title: CAO We have the authority to bind the Corporation. LRO# 3 Application To Change Name-Owners In preparation on 2023 01 30 at 15:06 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 33315-0185 LT Description PCL STREETS-1 SEC 3M98;MORRISON CRES PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0184 LT Description PCL STREETS-1 SEC 3M98;COOMBE DR PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0183 LT Description PCL STREETS-1 SEC 3M98;WIECK BLVD PL 3M98;KINCARDINE PIN 33315-0182 LT Description PCL STREETS-1 SEC 3M98;MCCULLOUGH CRES PL 3M98;KINCARDINE Party From(s) Name THE CORPORATION OF THE TOWN OF KINCARDINE Acting as a company Address for Service c/o The Corporation of the Municipality of Kincardine 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 This document is being authorized by a municipal corporation Kenneth Craig,Mayor and Jillene Bellchamber-Glazier,CAO. This document is not authorized under Power of Attorney by this party. Statements The name has changed as a result of amalgamation and this statement is made for no improper purpose. I Oleksandr(Alex)Bondarenko solicitor make the following law statement: In accordance with subsection 2(8)of Ministers Restructuring Order dated January 30,1998,and effective January 1,1999,which was passed pursuant to subsection 25.2(6)(b)of the Municipal Act, R.S.O. 1990,c.M.45,The Corporation of the Town of Kincardine was amalgamated under the name"The Corporation of the Township of Kincardine-Bruce-Tiverton",and further that pursuant to Bill PR15 effective December 22,1999 the name of"The Corporation of the Township of Kincardine-Bruce-Tiverton"was changed to"The Corporation of the Municipality of Kincardine".The Corporation of the Municipality of Kincardine is therefore entitled to be registered as the registered owner of the lands being PINs 33315-0185(LT),33315- 0184(LT),33315-0183(LT)and 33315-0182(LT). File Number Party From Client File Number: 2022-40836 Applicant Client File Number: 2022-40836 LRO# 3 Application To Change Name-Owners Receipted as BR192492 on 2023 03 09 at 15:17 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 33315-0185 LT Description PCL STREETS-1 SEC 3M98;MORRISON CRIES PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0184 LT Description PCL STREETS-1 SEC 3M98;COOMBE DR PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0183 LT Description PCL STREETS-1 SEC 3M98;WIECK BLVD PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0182 LT Description PCL STREETS-1 SEC 3M98;MCCULLOUGH CRIES PL 3M98;KINCARDINE Address KINCARDINE Party From(s) Name THE CORPORATION OF THE TOWN OF KINCARDINE Address for Service c/o The Corporation of the Municipality of Kincardine 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 Applicant(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Address for Service 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 This document is being authorized by a municipal corporation Kenneth Craig,Mayor and Jillene Bellchamber-Glazier,CAO. This document is not authorized under Power of Attorney by this party. Statements The name has changed as a result of amalgamation and this statement is made for no improper purpose. I Oleksandr(Alex)Bondarenko solicitor make the following law statement: In accordance with subsection 2(8)of Ministers Restructuring Order dated January 30,1998,and effective January 1,1999,which was passed pursuant to subsection 25.2(6)(b)of the Municipal Act, R.S.O.1990,c.M.45,The Corporation of the Town of Kincardine was amalgamated under the name"The Corporation of the Township of Kincardine-Bruce-Tiverton",and further that pursuant to Bill PR15 effective December 22,1999 the name of"The Corporation of the Township of Kincardine-Bruce-Tiverton"was changed to"The Corporation of the Municipality of Kincardine".The Corporation of the Municipality of Kincardine is therefore entitled to be registered as the registered owner of the lands being PINS 33315-0185(LT),33315- 0184(LT),33315-0183(LT)and 33315-0182(LT). Signed By Oleksandr Bondarenko 100-144 Courthouse Square acting for Signed 2023 03 09 Goderich Applicant(s) N7A 1 M9 Tel 519-524-5532 Fax 519-524-8438 1 have the authority to sign and register the document on behalf of the Applicant(s). Submitted By THE ROSS FIRM PC 100-144 Courthouse Square 2023 03 09 Goderich N7A 1 M9 Tel 519-524-5532 Fax 519-524-8438 Fees/Taxes/Payment Statutory Registration Fee $69.00 LRO# 3 Application To Change Name-Owners Receipted as BR192492 on 2023 03 09 at 15:17 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Fees/Taxes/Payment Total Paid $69.00 File Number Party From Client File Number: 2022-40836 Applicant Client File Number: 2022-40836 LRO# 3 Application Bylaw To Establish Public Receipted as BR192493 on 2023 03 09 at 15:21 Highways The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 33315-0185 LT Description PCL STREETS-1 SEC 3M98;MORRISON CRIES PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0184 LT Description PCL STREETS-1 SEC 3M98;COOMBE DR PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0183 LT Description PCL STREETS-1 SEC 3M98;WIECK BLVD PL 3M98;KINCARDINE Address KINCARDINE PIN 33315-0182 LT Description PCL STREETS-1 SEC 3M98;MCCULLOUGH CRIES PL 3M98;KINCARDINE Address KINCARDINE Applicant(s) This Order/By-law affects the selected PINS. Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Address for Service 1475 Concession 5 R.R.#5 Kincardine,ON N2Z 2X6 This document is being authorized by a municipal corporation Kenneth Craig,Mayor and Jillene Bellchamber-Glazier,CAO. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-law See Schedules. Signed By Oleksandr Bondarenko 100-144 Courthouse Square acting for Signed 2023 03 09 Goderich Applicant(s) N7A 1 M9 Tel 519-524-5532 Fax 519-524-8438 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By THE ROSS FIRM PC 100-144 Courthouse Square 2023 03 09 Goderich N7A 1 M9 Tel 519-524-5532 Fax 519-524-8438 Fees/Taxes/Payment Statutory Registration Fee $69.00 Total Paid $69.00 File Number Applicant Client File Number: 2023-40836 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT tIMFNM��E BY-LAW No.2023-024 Being a By-law to Establish and Assume Morrison Crescent and Coombs Drive on Plan 3M98 as Part of the Public Highway System for The Municipality of Kincardine Whereas pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,Section 8(1)and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity,rights,powers and privileges or a natural person for the purpose of exercising its authority under this or any other Act;and Whereas the Municipal Act, 2001, S.O. 2001, c. 25, authorizes a Municipality to pass By-laws regarding Highways;and Whereas pursuant to s. 31(2) of the Municipal Act, 2001, after January 1, 2003, land may only become a public highway by virtue of a by-law establishing the highway;and Whereas the development located at Plan 3M-98 in the Municipality of Kincardine and known as Stonehaven Phase II and Stonehaven Phase III has been completed to the satisfaction of the Municipality;and Whereas The Corporation of the Municipality of Kincardine is the owner of the lands described in Schedule"A"of this By-law;and Whereas it is the desire ofthe Council of The Corporation of the Municipality of Kincardine to repeal By-law 2017-052 as the lands contained in Schedule"A"of the By-law were insufficiently described for registration purposes in the Bruce County Registry Office(LRO#3);and Whereas the Council of the Municipality of Kincardine now desires to establish and assume the public highways created by Plan 3M-98 and located within the Phase II and Phase III part of the development as described further in Schedule"A"of this By-law;now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That By-law 2017-052 is hereby repealed. 2. That the lands described in Schedule"A"to this By-law are hereby established and assumed by The Municipality of Kincardine as public highways for public use and shall be known as identified in Schedule"A". 3. That the Mayor and CAO are hereby authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine the necessary documents to fulfill the intent of this By-law. 4. That this By-law shall come into full force and take effect upon third and final reading thereof. 5. This By-law may be cited as the"Establish and Assume Lands as a Public Highway(Morrison Crescent,Coombs Drive,Wieck Boulevard,McCullough Crescent)By-law" Read a First,Second Time this 13th day of February,2023 Read a Third Time and Finally Passed this 13th day of February,2023 Mayor Deputy Clerk Schedule"A"to By-law No.2023-024 Legal Description: 1. That the lands described as PCL STREETS-1 SEC 3M98; MORRISON CRIES PL 3M98;KINCARDINE being all of PIN 33315-0185(LT)are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as"Morrison Crescent'. 2. That the lands described as PCL STREETS-1 SEC 3M98; COOMBE DR PL 3M98; KINCARDINE being all of PIN 33315-0184 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as"Coombe Drive" 3. That the lands described as PCL STREETS-1 SEC 3M98; WIECK BLVD PL 3M98; KINCARDINE being all of PIN 33315-0183 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as"Wieck Boulevard". 4. That the lands described as PCL STREETS-1 SEC 3M98;MCCULLOUGH CRIES PL 3M98;KINCARDINE being all of PIN 33315-0182(LT)are hereby established and assumed by the Corporation of the Municipality of Kincardine as a public highway known as"McCullough Crescent'