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Home My WebLink About23 092 Part of Durham Street Closure By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE i)(4.4if ,,, It ,,,,,,, *Fa i 1, IP' 4,7'® '�UkAllTYOFR1NA BY-LAW NO. 2023 - 092 Being a By-law to Stop Up and Close Part of Durham Street, More Particularly Identified as PT 1 on 3R-10578; Kincardine being Part of 33301-0120 Whereas pursuant to the Municipal Act, 2001, S.O, 2001, c.25, as amended, Sections 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 of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Subsection 27(1) of the Municipal Act, 2001, provides that a municipality may pass By-laws in respect of a highway over which it has jurisdiction; and Whereas The Corporation of the Municipality of Kincardine is the registered owner of certain lands known as Durham Street, legally described as: PT LT 2-3 CON 1 SDR KINCARDINE, PTS 1, 2, 9 & 10 3R8544; S/T EASEMENT OVER PTS 1, 2, 9 & 10 3R8544 IN FAVOUR OF PTS 5, 6, 7 & 8 3R8544 AS IN BR10585 RELEASED AS TO PT 1 3R8738 BY BR24462, RELEASED AS TO PT LT 2 CON 1 SDR KINCARDINE, PTS 1 & 4 3R8861 BY BR27755; KINCARDINE; being PIN 33301-0120 (LT); and Whereas it is recommended that the road allowance described as Part 1 on a Reference Plan deposited in the Land Registry Office of Bruce County (No.3) as 3R-10578 be stopped up and closed as a public highway; Whereas Public Notice of the intention to pass this By-law was posted on the Municipal website on May 5, 2023; now therefore be it Resolved the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the lands legally described as PART OF LOT 3 CON 1 SDR KINCARDINE PT 1 3R-10578; S/T EASEMENT OVER PTS 1, 2, 9 & 10 3R8544 IN FAVOUR OF PTS 5, 6, 7 & 8 3R8544 AS IN BR10585 RELEASED AS TO PT 1 3R8738 BY BR24462, RELEASED AS TO PT LT 2 CON 1 SDR KINCARDINE, PTS 1 & 4 3R8861 BY BR27755; KINCARDINE; being part of PIN 33301 — 0120 (LT) are hereby stopped up and closed as a public highway. 2. That the Mayor and CAO are hereby authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, all documents as may be required to complete the closure of Part 1 3R-10578 and affix the corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. Page 2 Part of Durham Street Closure By-law By-law No. 2023 - 092 4. This By-law may be cited as the "Part of Durham Street Closure By-law". READ a FIRST and SECOND TIME this 12th day of June, 2023 READ a THIRD TIME and FINALLY PASSED this 12th day of June, 2023. Mayor Clerk 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 Stop up and Close Pt 1 3R-10578 Being part of PIN 33301-0120(LT) Our File No.: 2022-23272 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 Uwe 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 Stop up and Close Pt 1 3R-10578 Date: June 19th 12023 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kenneth Craig IIIIIIIIIIIIIIIIIII ��m� �� Slgned wlt'h Conslgn0 Cloud(2023/06/22) Verify with verifio.mm or Adobe Reader. IMI Per: .......... Name: Kenneth Craig Title: Mayor Per: e�hn'�Bell�h�mbee 3"6 23' r h ii liw m 1' lui uu 'dob 51 red wllh Consl n0 Cloud(2023/06/23) III�I IIII Name: Jillene Bellchamber-Glazier Title: CAO We have the authority to bind the Corporation. LRO# 3 Application To Register Bylaw In preparation on 2023 01 24 at 11:57 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 33301-0120 LT ✓❑ Affects Part of Prop Description PT LT 3 CON 1 SDR KINCARDINE,PT 1 3R-10578;S/T EASEMENT OVER PTS 1,2,9 &10 3R8544 IN FAVOUR OF PTS 5,6,7&8 3R8544 AS IN BR10585 RELEASED AS TO PT 1 3R8738 BY BR24462,RELEASED AS TO PT LT 2 CON 1 SDR KINCARDINE, PTS 1 &4 3R8861 BY BR27755;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: 2022-23272