HomeMy WebLinkAboutKIN 96 056 StpUp/Cls Godrich St
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1996-56
A BY-LAW TO CLOSE AND STOP UP PART OF THE GODERICH
STREET ROAD ALLOWANCE IN THE TOWN OF KINCARDINE.
WHEREAS
c.M.45,
to pass
Subsection 297 (1) of the Municipal Act, R.S.O. 1990,
as amended, permits the council of every municipality
by-laws for stopping up and closing highways;
AND WHEREAS it
Corporation of
as the "Town",
and described
stopped up;
is deemed expedient, in the interest of The
the Town of Kincardine, hereinafter referred to
that the portion of the road allowance set out
in Schedule "A" attached hereto be closed and
AND WHEREAS notice of this by-law has been published once a
week for four consecutive weeks in the Kincardine Independent,
a newspaper 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 the Goderich Street road allowance lying and
being in the Town of Kincardine and more particularly
described in Schedule "A" attached to and forming part of
this By-law.
2. The mayor and clerk are hereby authorized to execute all
documentation in connection with the closing and stopping
up of these lands and to affix the corporate seal
thereto.
3. There shall be attached to and forming part of this
by-law, a Schedule "B", the affadavit 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.
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By-law No. 1996-56
Page 2
4.
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.
5 .
This
its
by-law shall come into full force and effect
final passage.
upon
6. This by-law may be cited as the "Part of Goderich Street
Road Closure By-law".
READ a FIRST and SECOND time this 27th day of June, 1996.
READ a THIRD time and FINALLY PASSED this 1st day of August,
1996.
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Clerk
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By-law 1996-56
SCHEDULE "A"
That Part of the Goderich Street road allowance, lying,
being and situate in the Town of Kincardine, County of Bruce and
more particularly described as Parts 2, 3, 6, 7, 9, and 11 of
Reference Plan No. 3R-6519
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By-Law No. 1996-56
Page 3
SCHEDULE "B"
AFFADAVIT OF CLERK
1. I am the clerk of The Corporation of the Town of
Kincardine and, as such, have the knowledge of the facts
hereinafter deposed to.
2. I caused notice of a proposed by-law for stopping up,
closing and selling a portion of the Goderich Street
road allowance lying north of Kincardine Avenue, to be
published in the Kincardine Independent on the following
dates:
i) July 3, 1996
H) July 10, 1996
Hi) July 18, 1996
iv) July 25, 1996
3. Attached hereto as Exhibit "A" to this my affadavit is a
copy of the actual notice which was published in the
Kincardine Independent on each of the above-mentioned
dates.
4. The proposed by-law came before the Council of The
Corporation of the Town of Kincardine on the 1st day of
August 1996, and no one appeared in person or by counsel
to make representation with respect to the proposed
by-law.
SWORN before me at the
Town of Kincardine, in the
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County of Bruce, this 6th
Maureen A. Couture
day of August, 1996.
Com' 'ner, etc.
uty-Clerk, Town of Kincardine
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By-law No. 1996-56
EXHIBIT "A"
NOTICE
TDWI OF KIICARDlIE
ROAD CLOSING AND SALE
.
The proposed stopping up, closing and sale of part of
the Goderich Street Road Allowance, North of Kincardine
Avenue, Town of Kincardine
NOTICE is hereby given pursuant to Section 301 of the
Municipal Act, R.S.O. 1990, Chapter MAS.that the Council
for The Corporation of the Town of Kincardine proposes to
pass a by-law to stop up, close and sell part of the Goder-
ich Street road allowance, north of Kincardine Avenue,
consisting of approximately 1,346 square metres. The
proposed closure and sale does not affect any travell¡¡d
portion of ¡he road, .
The proposed plan, by-law and description showing
the lands affected may be viewed in the Clerk's Office at
the Town Hall, 707 Queen Street, Kincardine, Ontario
during normal office hours.
On August 1, 1996, at 7:30 p.m. in the Council
Chambers, Town Hall, 707 Queen Street, Kincardine, the
Council of The Corporation of the Town of Kincardine will
hear, in person, or by counsel, solicitor or agent, any
person who claims his or her land will be prejudicially
affected by the said by-law 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, 707 Queen Street·
Kincardine, Ontario N2Z 1Z9
THIS IS EXHIBIT "A", THE ACTUAL NOTICE WHICH WAS PUBLISHED IN
THE KINCARDINE INDEPENDENT AND REFERRED TO IN THE AFFADAVIT OF
MAUREEN A. COUTURE, CLERK-ADMINISTRATOR.
Sworn before me at the Town
of Kincardine, in the County
of Bruce this 6th day of
August, 1996.
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¡~O.~
Maureen A. Couture
Co er, etc.
eputy Clerk-Town of Kincardine