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HomeMy WebLinkAbout23 051 Concession 11 Road Widening By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE k*riIt► *0'PALITY OF 100 BY-LAW No. 2023 - 051 Being a By-law Confirming the Acquisition of Land for Highway Widening Purposes and Establishing and Assuming Same as Part of the Public Highway System for the Municipality of Kincardine WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, authorizes a Municipality to pass By-Laws regarding Highways; and WHEREAS the Corporation of the Municipality of Kincardine has from time to time acquired land for the purposes of widening and improving the existing public highway system of the Municipality of Kincardine; and WHEREAS after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway; 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 desirous to confirm the acquisition of the lands acquired for road widening purposes as part of the public highway system of the Municipality of Kincardine; now therefore be it RESOLVED that the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the lands described in Schedule "A" to this By-law are hereby established and assumed as a public highway under the jurisdiction of The Corporation of the Municipality of Kincardine, to be known as "Concession 11". 2. That the Mayor and CAO are hereby authorized to execute the necessary documents to fulfill the intent of this By-law. 3. That this By-law shall come into full force and take effect upon third and final reading thereof. 4. That this By-law may be cited as the "Concession 11 Road Widening By-law". READ a FIRST, SECOND TIME this 12th day of April, 2023 READ a THIRD TIME and FINALLY PASSED this 12th day of April, 2023 KLIA4AtiAtit at Mayor CI r SCHEDULE "A" TO BY-LAW NO. 2023 - 051 Legal Description: PT LT 16-20 CON 11 KINCARDINE; PT LT 10, 12, 19 CON 10 KINCARDINE PT 6, 3R2439, PT 9, 11, 13 - 18, 3R2098, 1, 3, 3R2144; PT LT 10 CON 10 KINCARDINE, PT LT 19 CON 10 KINCARDINE; PT LT 6-8, 10-15 CON 11 KINCARDINE; PT LT 6-9, 11, 14-18, 20 CON 10 KINCARDINE PT 1 - 5, 7, 8, 10 - 15, 3R2439, PT 1 - 8, 10, 12, 3R2098, PT 1, 4 - 15, 3R2440, PT 2, 4, 3R2144; KINCARDINE being part of PIN 33292-0071 (LT) LRO# 3 Application Bylaw To Establish Public Receipted as BR193989 on 2023 05 09 at 09:26 Highways The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 33292-0071 LT ✓❑ Affects Part of Prop Description PT LT 16-20 CON 11 KINCARDINE;PT LT 10,12,19 CON 10 KINCARDINE PT 6, 3R2439,PT 9,11,13-18,3R2098,1,3,3R2144; PT LT 10 CON 10 KINCARDINE,PT LT 19 CON 10 KINCARDINE;PT LT 6-8,10-15 CON 11 KINCARDINE;PT LT 6-9,11, 14-18,20 CON 10 KINCARDINE PT 1 -5,7,8,10-15,3R2439,PT 1 -8,10,12,3R2098, PT 1,4-15,3R2440,PT 2,4,3R2144;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 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 Kelsey Colleen Dias Ubdegrove 100-144 Courthouse Square acting for Signed 2023 05 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 05 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: 2021-21839 LRO# 3 Application(General) Receipted as BR193992 on 2023 05 09 at 09:38 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 33292-0071 LT Description FIRSTLY RDAL BTN CON 10 AND CON 11 KINCARDINE ABUTTING LT 6 TO 20;PT LT 16-20 CON 11 KINCARDINE;PT LT 10,12,19 CON 10 KINCARDINE PT 2,3R2440;PT 6,3R2439,PT 9,11,13-18,3R2098,1,3,3R2144;SECONDLY PT LT 10 CON 10 KINCARDINE,PT LT 19 CON 10 KINCARDINE;PT LT 6-8,10-15 CON 11 KINCARDINE; PT LT 6-9,11,14-18,20 CON 10 KINCARDINE PT 1-5,7,8,10-15,3R2439,PT 1 -8, 10,12,3R2098,PT 1,4-15,3R2440,PT 2,4,3R2144;KINCARDINE Address KINCARDINE Applicant(s) Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Address for Service 1475 Concession 5 Kincardine,ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Kenneth Craig,Mayor and Jillene Bellchamber-Glazier,CAO. Statements I Kenneth Craig,Mayor and Jillene Bel lchamber-Glazier,CAO of The Corporation of the Municipality of Kincardine having a legal interest in the lands hereby apply under section 75 of the Land Titles Act to have the register for the said PIN amended by:BEING ENTERED AS OWNER. I Kelsey Colleen Dias Ubdegrove solicitor make the following law statement I am the Solicitor for The Corporation of the Municipality of Kincardine,the Applicant,and as such have knowledge of the matters herein and I hereby state: 1)The property described as"FIRSTLY RDAL BTN CON 10 AND CON 11 KINCARDINE ABUTTING LT 6 TO 20;PT LT 16-20 CON 11 KINCARDINE;PT LT 10,12,19 CON 10 KINCARDINE PT 2,3R2440;PT 6,3R2439,PT 9,11,13-18,3R2098,1,3,3R2144; SECONDLY PT LT 10 CON 10 KINCARDINE,PT LT 19 CON 10 KINCARDINE;PT LT 6-8,10-15 CON 11 KINCARDINE;PT LT 6-9,11, 14-18,20 CON 10 KINCARDINE PT 1 -5,7,8,10-15,3R2439,PT 1 -8,10,12,3R2098,PT 1,4-15,3R2440,PT 2,4,3R2144; KINCARDINE"was established as a highway by By-Law 2023-051 registered on May 9,2023 as Instrument No.BR193989 and By-Law 2000-81 registered on July 4,2000 by Instrument No.R350439 and therefore by virtue of Section 26.2 of the Municipal Act,2001,they are highways and as a result under the jurisdiction of The Corporation of the Municipality of Kincardine 2)Pursuant to Section 30 of the Municipal Act,2001,a highway is owned by the Municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person.There is no such reserved rights or interests held by any other person. 3)ln 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 Township 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". 4)The Corporation of the Municipality of Kincardine is therefore entitled to be registered as the registered owner of the land that consists of all of PIN 33292-0071 (LT). Signed By Kelsey Colleen Dias Ubdegrove 100-144 Courthouse Square acting for Signed 2023 05 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 05 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 LRO# 3 Application(General) Receipted as BR193992 on 2023 05 09 at 09:38 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 File Number Applicant Client File Number: 2021-21839