HomeMy WebLinkAboutKIN 96 043 King St Rd Clse/Sale
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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.
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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.
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Mayo
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Clerk
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By-law No. 1996-43
EXHIBIT "A"
TOWI Of KINCARDINE
- ROAD CLOSING AND SALE -
Q,
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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
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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.
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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
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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"
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03189~ö
(1) Registry ;J
(3) Property
I_r(o)
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(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
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'96 JUN 7 ArJ 1119
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UNO RECISTRAR
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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
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(7)ThIa
D_I
Conl8lno:
(a) Reœacription
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 numœr(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 ¡
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(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
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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
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