HomeMy WebLinkAboutKIN 96 097 Cls/Sell Clinton St.
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1996-97
A BY-LAW TO CLOSE, STOP UP AND SELL A PART OF THE CLINTON
STREET ROAD ALLOWANCE LYING WEST OF PRINCES
WHEREAS Subsection 297 (1) of the Municipal Act, R.S.O.
1990, permits the council of every municipality to pass by-laws
for stopping up and closing of highways;
AND WHEREAS it is deemed expedient in the interest of The
Corporation of the Town of Kincardine, hereinafter referred to
as the "Town", that the road allowance set out and described in
Schedule "A" attached hereto be closed and stopped up and the
land sold;
AND WHEREAS notice of this by-law has been published once
a week for four consecutive weeks in the Kincardine News and
the Kincardine Independent, newspapers published in the Town of
Kincardine;
AND WHEREAS the Council of the said Town has heard in
person or by its counsel, solicitor or agent, all persons
claiming that their land will be prejudicially affected by this
by-law and who applied to be heard;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1.
The Council for The Corporation of the Town of Kincardine
does hereby stop up and close to vehicular traffic, that
part of Clinton Street Road Allowance lying and being
more particularly described in Schedule "A" attached to
and forming a part of this by-law.
2 .
Council authorizes the sale of the
pursuant to the procedures established
the Municipal Act R.S.O. 1990.
road allowance
in section 315 of
3. The mayor and clerk are hereby authorized to execute all
documentation in connection with the closing and sale of
these lands and to affix the corporate seal thereto.
5. There shall be attached to and forming a part of this
by-law, Schedule liB", the affidavit of Maureen A.
Couture, clerk of The Corporation of the Town of
Kincardine, setting out the procedures taken for
publishing and posting the said notices pursuant to the
provisions of the Municipal Act.
6.
The clerk of The Corporation of the Town of Kincardine is
hereby authorized and instructed to register a copy of
this by-law in the Registry Office of Bruce (No.3) in
Walkerton, Ontario.
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Clinton Street
Road Closure and Sale By-law
Page 2
7.
This by-law shall come into full force and effect upon
its final passage.
8. This by-law may be cited as the "Clinton Street Road
Closure and Sale By-law".
READ a FIRST and SECOND time this 21st day of April, 1994.
READ a THIRD time and FINALLY PASSED this 19th day of December,
1996.
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DYE & DURHAM CO. INC._I-orm No. 9ß5
AmelKSed NOY. 1892
ì!-ft Province
. of ~
Ontario
Document General
Form 4 - Land Reglatratlon Reform Act
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32338Y
(1) Aoglstry(]
(3) property
Idenll1ler(.)
Land TRia. ~ T (2) Page
Block Property
1 of
pages 7
Additional:
See 0
Schedule
(4) Natur. of Document
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By-law
(5) Conalderatlon
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(6) DeocrIpllon
DoIla" $
All and singula< that a ce<tain pa<cel 0< t<act of
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land lying and being in the Town of Kinca<dine~ !lõltl.
of T(;n"'~T',rHnt:> Anon.."" -:......,1 tJfiBt Qf PriRSSS Street ~ and
mo<e pa<ticu1a<ly desc<ibed as Pa<ts 2, 3 and 4, of
New Property Identifiers
Addilional:
See
Schedule
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Refe<ence
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Plan 3R 6613, 'ßð1:,..J6
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Ex_iona
Additional:
See
Schedule
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(7) This
Document
Conl8lna:
(8) Redescription
New Easement
PlanlSketch
::.! (b) Schedule for:
o Description 0
Additional
Parties 0 Olher 0
(8. Document provkiel .1 .onows:
The Town of Kinca<dine he<eby applies fo< the <egist<ation of By-law No. 1996-97
in <espect of lands desc<ibed in box (6). This By-law is enacted pu<suant to
Sub. Section 297 (1) of the Municipal Act R.S.O. 1990 C.M. 45.
Continued on Schedule 0
(9) This Document relalo. 10 In.trument number(.)
10 Ies) (Sel ouf Slalus or Infer..t)
...(s)
THE CORPORATION OF THE TOWN OF KINCARDINE
Signature~~~~e:of~;;;:'
Cha<les W. Mann, Mayo< i : i
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Maureen A. Couture, Clerk: :]
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11) Address
for Service
12) Party(leo) (Set out Stalus or Interest)
Name(s)
Signature(s)
Date of Signature
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:14) Municipal Address of Property
(15) Documenl Prepared by:
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THE CORPORA TION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1996-97
A BY-LAW TO CLOSE, STOP UP AND SELL A PART OF TIlE CLINTON
STREET ROAD ALLOWANCE LYING WEST OF PRINCES
WHEREAS Subsection 297 (I) of the Municipal Act, R.S.O.
1990, permits the council of every municipality to pass by-laws
for stopping up and closing of highways;
AND WHEREAS it is deemed expedient in the interest of The
Corporation of the Town of Kincardine, hereinafter referred to
as the "Town", that the road allowance set out and described in
Schedule "A" attached hereto be closed and stopped up and the
land sold;
AND WHEREAS notice of this by-law has been published once
a week for four consecutive weeks in the Kincardine News and
the Kincardine Independent, newspapers published in the Town of
Kincardine;
AND WHEREAS the Council of the said Town has heard in
person or by its counsel, solicitor or agent, all persons
claiming that their land will be prejudicially affected by this
by-law and who applied to be heard;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. The Council for The Corporation of the Town of Kincardine
does hereby stop up and close to vehicular traffic, that
part of Clinton Street Road Allowance lying and being
more particularly described in Schedule "A" attached to
and forming a part of this by-law.
2.
Council authorizes the sale of the
pursuant to the procedures established
the Municipal Act R.S.O. 1990.
road allowance
in section 315 of
3. The mayor and clerk are hereby authorized to execute all
documentation in connection with the closing and sale of
these lands and to affix the corporate seal thereto.
5. There shall be attached to and forming a part of this
by-law, Schedule "B", the affidavit of Maureen A.
Couture, clerk of The Corporation of the Town of
Kincardine, setting out the procedures taken for
publishing and posting the said notices pursuant to the
provisions of the Municipal Act.
6.
The clerk of The Corporation of the Town of Kincardine is
hereby authorized and instructed to register a copy of
this by-law in the Registry Office of Bruce (No.3) in
Walkerton, Ontario.
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Clinton Street
Road Closure and Sale By-law
Page 2
7.
This by-law shall come into full force and effect upon
its final passage.
8. This by-law may be cited as the "Clinton Street Road
Closure and Sale By-law".
READ a FIRST and SECOND time this 21st day of April, 1994.
READ a THIRD time and FINALLY PASSED this 19th day of December,
1996.
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Qeftifled to be a true and -. .
complete copy .of By-LaW
Number \ QC\b - Q ...."
passed by the Councìlat The
Corporatian .of the TOWt:1 at
Kincardine an the I q .. _ day
.of \"'1.<::\'" _d·
, reasurer
d commissioner, etc.,
County of Bruce, for
the Town of Kincardine
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BY-LAW NO. 1996-97
SCHEDULE "A"
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All and singular that certain parcel or tract of land lying
and being in the Town of Kincardine, County of Bruce, and
more particularly described as Parts 2, 3 and 4, of
Reference Plan 3R-6613 Being Part of Elgin Market Square.
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EXHIBIT nA"
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PAGE 4B-TIIE KINCARDINE NEWS. WEDNESDAY, \JAY 4,1994
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. ~~~ TOWN OF KINCARDINE
o '''''':d) NOTICE OF BY·LAWS TO STOP·UP' ..
, ....., :. STREETS IN THE TOWN OF KINCARDINE
The proposed slopping and closing of part' of ·Hamlin Street lying .south of
Broadway in the Town of Kincardine and the proposed stopping, closing and sale
of part of Clinton Slreel lying west of Princes Street in the Town of Kincardine.
NOTICE" is hereby given pursuant 10, Section 300 of the Municipal Act,
R.S.O. 1990, <.M.45 Ihat Ihe Council for the Corporalion of The Town of
Kincardine proposes 10 pass by-laws to stop-up anØ close pari of Hamlin Street
lying south of Broadway consisting of approximately 3000 square metres 'and to
stop-up. close and sell pari of the Clinton Street road allowance lying west of
Princes Street in the Town of Ki~cardine and consisting of approximale!1 2000
~u~~~s. "~
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The proposed plans, by-laws and descriplions showing the lands affected may
be viewed al (he clerk's ornce 31 Town Hall, 707 Queen Slreet, Kincardine,
Ontario, during normal office hours.
On May 19, 1994 al 7:30 p.m. in IheCouncil Chambers, Town Hall, 707
Queen Slreet, Kinc3rdine, the Council will hear, jn person; or by counsel, solid-
tor or agent, any person who claims his or her land will be prejudidally affeclcd
by Ihe said by-laws and who applies to be heard. Any person who wishes to be
heard should, as soon as possible, make application to: " ' .":
Maureen A. Couture
Clerk Administrator
Town of Kincardine
107 Queen Slreet
Kincardine, Ontario
N2Z I Z9
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(519) 396·3018
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This is Exhibit "A"
Referred to in the
Affidavit of Maureen A.
Couture sworn before me
this 20th day of May
1994.
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~ Couture
òmmissioner, etc.
Clerk, Town of Kincardine
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BY-LAW NO. 1996-97
SCHEDULE "B"
AFFIDAVIT OF CLERK
1.
I am the clerk
Kincardine and,
facts hereinafter
of The Corporation of the
as such, have the knowledge
deposed to.
Town
of
of
the
2. I caused notice of a proposed by-law for stopping up,
closing and selling a portion of the Clinton Street
Road Allowance lying west of Princes street to be
published in The Kincardine News and the Kincardine
Independent on the following dates:
i) April 13, 1994
ii) April 20, 1994
iii) April 27, 1994
iv) May 4, 1994
3 .
Attached hereto as Exhibit "A" to this my affidavit is
a copy of the actual notice which was published in the
Kincardine News on each of the above-mentioned dates.
4. Attached hereto as Exhibit "B" to this my affidavit is
a copy of the actual notice which was published in the
Kincardine Independent on each of the above-mentioned
dates.
5.
The proposed by-law came before the Council of
Corporation of the Town of Kincardine on the 19th
of May, 1994 and no one appeared in person or
counsel to make representation with respect to
proposed by-law.
The
day
by
the
SWORN before me at the }
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Town of Kincardine ) ~z;-~
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in the County of Bruce }
) Maureen A. Couture
this 20th day of May, 1994. )
.
loner, etc.
Deputy Clerk, Town of Kincardine
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EXHIBIT nB"
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TOWNOF~KlNCARDINE':;;;'~~*8~.;. :
. . .'" -" -.,....:~:-".?:-';::" _:,~.-' ",,¡)i'~:;" . ,.:/~·.:ç;'h'~·'" :
. , ~~tt'?:.TiCE OF BY'µW.STOSTOP-UPST1!~~r~,:L :
, , IN THE TOWN OF KINCARDINE;:., ,¡}¡'':'
~. ,...... ~";.:', ') '~:"."~,_~'.., :.',i·'· .' I o"\v.,,~ r :,"'J q;"' 1
," "The proposed'sloppiOg and closing'of part: of Haflllio;,St[eet, ¡
: lying· south oJ' Broadway ),'the".JpWn,of ~incardiri Ì",and'.Ihe., '
proposed stoPPing, closing~n', .saleof part o.fClin!o~· ~~(~;~¡! 'r!~~" '
'west of Princes Street I" theToWr1 of Klncardme. .,;.', . ',,,.
>..,.' NOTICE Is hereby' given pursuant'lo Section·'300 of:the'
Municipal, Act, R.S.O..'1990, c.M.45 that the ·Council'for'the
. Corporation of The Town of,Kincardine proposes to pass'by·laws
·to. stop·up and close, part·,of Hamlin Street lying ,south of
, Broadway consisting of approximately 3000 square melres and to
stop·up, close and sell part of,lhe Clinton ' Street roadellowance
,lyil\g west, of Pri,nces Street in the ,OT OWr1 : ,of Kincardine, and
, . consisting of appröximately 2000 squara m,etres. . . :..'. ,',
. " ~ The p,ropòsed '·~ìa~",~y.laws and' descriptio"s 'sho!¥i"ii the'
lamb affected may be;X(,:we~ at the clerk's office at T OWr1 Hall,
,707 Queen Street,' KlnCfaTili"e, Ontario,' during "ormal 'office
'hours~: ,". ·r·:/~Nft~~"~:_'.)·>!:';A· ;'::~' ' :'Þ>~:'E;V~D
'°';,0" May 19,\.'1.èiWat'7::30'p.m. In the Cou"cilChàl1:)l?,ers,'
:¡TOWr1 Hall,' 707 Queen Street; Kincardine, the Council will hèar, j¡1
"person, or by counsel,' solic~or or agent, .any pe",on whò ëlaims .
,hjsor her land will bepf ljudicially affected by:the sak{by~laws
,¡an.d,who applies 10 be ,heard. Þ,.ny person who wishes 10 be h.~a'.d
. . k~~~~~i,~_-.~~n a~ possibJe~ make ,application ~~:, .,;, /'.I;j_\'~::;'~'
, , ,M-!,I~,." ,. ;,!:~ureen A. çoutur,e'ii,,¡ ':;i';"~~<!.~\." .
,:;:::;'.' '.,' C, lerk.Ad minI8~. 8t.,0.r, ".'~:". ø.""·'. " '. '\'.'k~,','
. . Town q! Kincardine .'."! _;(;,
',\" , , , ,707, Queen Street ·i~' ii, ¡. ',' I:;
~",~,'~. ,Kincardlne;Ont8M N2Z 1Z9'. ", ,,:..;);
H' '," ,'.',;,(519)39&;3.o1S:'!; ;}:f '·-1k'¡,i¡;~¡;;~
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This is Exhibit "B"
Referred to in the
Affidavit of Maureen A.
Couture sworn before me
this 20th day of May
1994.
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A Commissioner, etc.
y Clerk, Town of Kincardine
BY-LAW NO. 1996-97
SCHEDULE "An
·e
All and singular that certain parcel or tract of land lying
and being in the Town of Kincardine, County of Bruce, and
more particularly described as Parts 2, 3 and 4, of
Reference Plan 3R-6613 Being Part of Elgin Market Square.
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