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HomeMy WebLinkAbout05 175 Closure Sale lt 53 con B e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY~LAW NO. 2005 - 175 BEING A BY-LAW AUTHORIZING THE CLOSURE OF A PUBLIC HIGHWAY AND CONFIRMING THE SALE OF THE CLOSED HIGHWAY WHEREAS Section 34 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a Municipality to pass by-laws for permanently closing a highway. AND WHEREAS before passing a by-law to close a highway the Municipality shall give public notice of its intention to pass the by-law. AND WHEREAS by By-law No. 78-13, passed on the 14th day of August, 1978, the former Township of Kincardine did expropriate lands for the municipal purpose of widening the shore road. AND WHEREAS all of the lands so expropriated were not required for the said road widening purposes. AND WHEREAS by Deed #208194 the former Township of Kincardine did convey part of the said expropriated lands being Part 3 on Reference Plan 3R- 2204 to Colin M. Robinson as owner of the adjoining lands at Part Lot 53, Concession B, in the former Township of Kincardine. AND WHEREAS the said lands expropriated for highway purposes were never closed to public travel. AND WHEREAS the owner of the lands has requested that the Municipality of Kincardine as successor to the Township of Kincardine take the necessary steps to legally declare the lands as a closed public highway. AND WHEREAS pursuant to the Municipal Act, 2001, Section 34(1) and By-law No. 2003 - 102 of the Municipality of Kincardine, public notice was given of the intention to pass a by-law permanently closing the lands to public travel at a council meeting to be held on November 2, 2005. AND WHEREAS no one appeared in person or by agent at the said meeting or filed any written notice in opposition to the proposed by-law. NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That those lands previously expropriated by the former Township of Kincardine for road widening purposes and described as Part of Lot 53, Concession "B", in the Municipality of Kincardine, former Township of Kincardine, County of Bruce and described as Part 3 on Reference Plan 3R-2204 are hereby permanently closed to public travel. . ../2 · · · · Page 2 Closure, Sale of pt Lot 53, Concession "B" By-law No. 2005 - 175 2. That the conveyance of the said lands to Colin M. Robinson by Deed #208194 registered on the 8th day of March 1984 is confirmed. 3. This By-law shall come into full force and effect upon its final passage. 3. This By-law may be cited as the "pt Lt 53, Conc. B, Closure and Sale By- law". READ a FIRST SECOND and THIRD TIME and FINALLY PASSED this 2nd day of October 2005. JJ.I.._~. A Mayor ..