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Home My WebLink About23 093 Durham Street Established as Public Highway By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE i)? W l IC t -A.M2-71111,-""ri.' / ,A�Gy/C/PA(ITY OF K\NCO BY-LAW No. 2023 - 093 Being a By-law to Establish and Assume Part 4 on Plan 3R-7072, Part 4 on Plan 3R-7148 and Part 7 on Plan 3R-8356 as Part of the Public Highway System for the Municipality of Kincardine Whereas pursuant to 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 Section 31 (2) of the Municipal Act, S.O. 2001, c.25, as amended, provides after January 1, 2003, land may only become a highway by virtue of a municipal 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 the desire of the Council of The Corporation of the Municipality of Kincardine to repeal By-law 2022-039 as the lands contained in the By-law have either been already assumed under By-law 2007-342 which was registered in the Bruce County Land Registry Office (#3) on August 15, 2008 as Instrument No. BR18081 or are not under the jurisdiction of the Corporation of the Municipality of Kincardine; and Whereas it is deemed appropriate to establish and assume the lands described in Schedule "A" of this By-law as public highways for public use; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That By-law 2022-039 is hereby repealed. 2. That the lands described in Schedule "A" to this By-law are hereby established and assumed as public highways under the jurisdiction of The Corporation of the Municipality of Kincardine and shall be known as identified in Schedule "A". 3. That the Mayor and CAO are hereby authorized to execute 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 "Durham Street Establish as Public Highway By-law". Read a First, Second Time this 12th day of June, 2023 Read a Third Time and Finally Passed this 12th day of June, 2023 .1 .0..vvv1/4..a....±A-, ces6,1 ,-. ....sK___,.c ... Mayor Clerk Schedule "A" to By-law No. 2023 - 093 Legal Description: 1. That the lands described as PT LT 1 CON 1 SDR KINCARDINE PT 4, 3R- 7072; KINCARDINE being part of PIN 33301-0091 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as part of the public highway known as "Durham Street". 2. That the lands described as PT LT 1 CON 1 SDR KINCARDINE PT 4, 3R- 7148; KINCARDINE being part of PIN 33301-0091 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as part of the public highway known as "Millennium Way". 3. That the lands described as PT LT 1 CON 1 SDR KINCARDINE PT 7, 3R- 8356; KINCARDINE being part of PIN 33301-0106 (LT) are hereby established and assumed by the Corporation of the Municipality of Kincardine as part of the public highway known as "Millennium Way". 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 Durham Street and Millennium Way PIN(s)33301-0091 (LT)&33301-0106(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 Establish Public Highways Date: June 19th 12023 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kenneth Craiglllllllllll p Signed with Consign0 Cloud(2023/0622) P�uIIIIIIIIIIIlY1011 III01111 Verify with verifo.com or Adohe Reader. Per: Name: Kenneth Craig Title: Mayor JVS glenetiht% Comlro 2/6/2) I uuouu Per: � 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 03 29 at 13:02 Highways This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 33301-0091 LT Description PT LT 1 CON 1 SDR KINCARDINE PT 4,3R7072&PT 4,3R7148;S/T EASEMENT OVER PT 4 3R7072 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 PIN 33301-0106 LT ✓❑ Affects Part of Prop Description PT LT 1 CON 1 SDR KINCARDINE PT 7 3R8356;MUNICIPALITY OF 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