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HomeMy WebLinkAboutKIN 96 043 King St Rd Clse/Sale - e e - THE CORPORA TION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1996-43 A BY-LAW TO CLOSE, STOP UP, AND SELL PART OF THE KING STREET ROAD ALLOWANCE IN THE TOWN OF KINCARDINE. WHEREAS Subsection 297 (1) of the Municipal Act, R.S.O. 1990, c.M.45, as amended, permits the council of every municipality to pass by-laws for stopping up, closing and selling 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 portion of the road allowance set out and described in Schedule "A" attached hereto be closed, 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 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 King 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. 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. 4. 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. e e e e By-law No. 1996-43 Page 2 5. 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. 6. This by-law shall come into full force and effect upon its final passage, and provided the purchaser has obtained a minor variance pursuant to the Planning Act. 7. This by-law may be cited as the "Part of King Street Road Closure and Sale By-law". READ a FIRST and SECOND time this 18th day of April, 1996. READ a THIRD time and FINALLY PASSED this 16th day of May, 1996. ~~ Mayo ~ Clerk e e e - By-law No. 1996-43 EXHIBIT "A" TOWI Of KINCARDINE - ROAD CLOSING AND SALE - Q, ~ THE PROPOSED STOPPING UP, CLOSING AND SALE OF PART OF THE KING STREET ROAD ALLOWANCE, WEST OF SHEVCHENKO BOULEVARD, TOWN OF KINCARDINE. NOTICE is hereby given pursuant to Section 301 of the Municipal Act, A.S.O. 1990, Chapter M.45 that the Council for The Corporation of the Town of Kincar-dine proposes to pass a by-law to stop up, close and sell part of the King Street Road Allowance, north side, west of Shevchenko Boulevard, consIsting of approximately 250 square metres. The proposed closure does not affèct any travelled portion of the road.) _ The Pl;Óposed plan, by-law and de§cription§howing the lands a ted may be viewed in the Clerk's Officê at the Tow all, 707 Queen Street, Kincardine, Ontario during nor I office hours. ·On. ay 16, 1996 at 7:30 p.m. in the Council Chamb- ers, 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 5t. Kincardine Ont. N2Z 1 Z9 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 17th day of May, 1996. ~li~ Maureen A. Couture ommissioner, etc. eputy-Clerk-Town of Kincardine e e e - By-law 1996-43 SCHEDULE "A" That Part of the King Street road allowance Plan 4 lying being and situate in the Town of Kincardine, County of Bruce and more particularly described as Parts 1 and 2, of Reference Plan No. 3R-6482. e e e -- By-Law No. 1996-43 SCHEDULE "B" AFFADAVIT OF CLERX 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 north side of the King Street road allowance lying west of Shevchenko Boulevard, to be published in the Kincardine Independent on the following dates: i) April 17, 1996 ii) April 24, 1996 iii) May 1, 1996 iv) May 8, 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 16th day of May, 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 County of Bruce, this 17th day of May, 1996. Commission c. e erk, Town of Kincardine . "l6t 1,rovince ~ Ontario . Document General Form 4 - Land Rog_1on Reform Acl . DYE. DlØIAM co. ø::.-Form No. 98õ ............ NOV. 1" o 03189~ö (1) Registry ;J (3) Property I_r(o) ~ Tnl.. 0 (2) Page 1 of 6 pages Block Property Additional: See 0 Schedule (4) Nalure of D_ '!R.TlF/CHE OF REGISTRATION . IItUCE (3) WALKERTON By-law ~ Z o w en ::) w () it o a: I( (S)C N/A CollIS $ '96 JUN 7 ArJ 1119 ~ UNO RECISTRAR (8~ That Part of King Street road allowance, Plan 4, lying being and situate in the Town of Kincardine, County of Bruce and more particularly described as Parts 1 & 2 of Reference Plan No. 3R-6482. Additional: See 0 Schedule AdcIIUonal: See _Ia o (7)ThIa D_I Conl8lno: (a) ReÅ“acription New Easament PlanlSketch i (b) Schedule for: D¡ Additional Description 0 Partlee o Other Ð The Corporation of the Town of Kincardine hereby applies for registration of By-law No. 1996-43 in respect of lands described in Box (6). The by-law is enacted pursuant to Subsection 297 (1) of the Municipal Act, R.S.O. 1990 C.M. 45. Conlinued on Schedula 0 (I) Thla Documanl _lee to Inolrumanl numÅ“r(o) (10) PIlrly(Ies) (Set out Stalus or Interest) Name(s) Signature(s) ""., , ',,'" ",' P&!e of Signature . . . . ~~. ~~~~~~~~~ .~~ ,~~~ .~O.~. .a.F. ~,I~~~~~E. ~ .a~'I;. .!?~ Maureen A. Couture:,:::t::lerk .~ " ., : .,....................,.......,.............. .., .~;,; -pß<'" 3" j/i/i" .¡.,. . . . . . . . .. . . .. .. . . .. . . . . . . . . . . . . . .. .. .. . . . . . .. ~'Ch" ·1' , . ·W' . 'M' . "/~M' :-. :;;:;-n';-.::J1'~,~. ¡ 6..¡? . ar es . ann, ayO'l:.., --. .:.......- 1~......~ f ¡ '" . ~,i I I -"'.' .-...,~ : : I (11) Add...o lor SelYlce 707 Queen Street, Kincardine, Ontario, N2Z lZ9 (12) Party(les) (Set out Status or Inle.est) Name(s) Signature(s) Date of Signature Y M D ......................................... .... , , , , · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . , . , · . , . . . . . . . . . , , . . , , . , . . . . . . . . . . . . . -r ' . . . . · , . . . . . . . . . . . . . . . , , . . . . . . . . . . , . . . -r . . . . . .... .. ,................. .-..... ...................... ..... . ............................................ . ..... . unlclpal Add_ of P-'Y To be assigned (1S) Documenl Prepared by: Maureen A. Couture, Town of Kincardine, 707 Queen Street, KINCARDINE, Ontario N2Z lZ9 ~ Z Registralion Fee o w '" ::) w () ... ... o a: I( F... end Tax Total