HomeMy WebLinkAboutKIN 95 002 Elgin Mkt StpUp/Sale
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-2
A BY-LAW TO CLOSE, STOP UP AND SELL A PART OF THE
ELGIN MARKET SQUARE ROAD ALLOWANCE
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 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 Elgin Market Square 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 road allowance
pursuant to the procedures established in section 315 of
the Municipal Act R.S.O. 1990.
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.
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.
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Elgin Market Square
stop Up and Sale By-law
Page 2
7.
This by-law shall come into full force and effect upon
its final passage.
This by-law may be cited as the "Elgin Market Square stop
Up and Sale By-law".
8.
READ a FIRST and SECOND time this 1st day of December, 1994.
READ a THIRD time and FINALLY PASSED this 5th day of January,
1995.
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BY-LAW NO. 1995-2
SCHEDULE "A"
Part of Lot 1, North Side of Elgin Market Square and Part
of Elgin Market Square now shown as Part 2 on Reference
plan 3R-6217.
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BY-LAW NO. 1995-2
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 Elgin Market
square Road Allowance to be published in The
Kincardine News on the following dates:
i) December 7, 1994
ii) December 14, 1994
iii) December 21, 1994
iv) December 28, 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.
The proposed by-law came before the Council of
Corporation of the Town of Kincardine on the 5th
of January, 1995 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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Maureen A. Couture
Town of Kincardine
in the County of Bruce
this 9th day of January,
Kincardine
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EXHIBIT -A-
TOWN OF KINCARDINE
NOTICE OF BY·LAW TO STOP·UP A
STREET IN THE TOWN OF KINCARDINE
The proposed stopping, closing and sale of part of Elgin
Market Square Road Allowance in the Town of Kincardine.
NOTICE is hereby given pursuant to 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
a by-law to stop-up, close and sell part of the Elgin Market
Square road allowance in the Town of Kincardine and con-
sisting of approximately 9693 square feet.
The proposed plans, by-laws and descriptions showing
the lands affected may be viewed at the clerk's office at
Town Hall, 707 Queen Street, Kincardine, Ontario, during
normal office hours.
On January 5, 1995 at 7:30 p.m. in the Council
Chambers, Town Hall, 707 Queen Street, Kincardine, the
Council will hear, in person, or by counsel, solicitor or
agent, any person who claims his or her land will be preju-
dicially affected by the 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
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(519) 396·3018
This is Exhibit "A"
Referred to in the
Affidavit of Maureen A.
Couture sworn before me
this 9th day of January,
1995.
Dep
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Maureen A. Couture
Clerk Administrator
Town of Kincardine