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HomeMy WebLinkAboutKIN 95 002 Elgin Mkt StpUp/Sale e e e e 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. .. ./2 · · · e · · 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. ~~ or ~ · · · · · .- 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. .- · .- · · · 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 ) ) ) ) ) ) ) ~ Maureen A. Couture Town of Kincardine in the County of Bruce this 9th day of January, Kincardine - . e .' 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 . (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 ~ Maureen A. Couture Clerk Administrator Town of Kincardine