HomeMy WebLinkAboutKIN 92 021 Clse/Sell Point Well
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1992-21
A BY-LAW TO CLOSE, STOP UP AND SELL A PART OF THE
WELLINGTON AVENUE ROAD ALLOWANCE LYING WEST OF HURON
TERRACE.
WHEREAS
1990, C.M.45,
municipality to
selling highways;
Subsection 297 (1) of the Municipal Act, R.S.O.
as amended, permits the council of every
pass by-laws for stopping up, closing and
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 and pedestrian
traffic, that part of the Wellington Avenue Road
Allowance lying west of Huron Terrace 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
described in Schedule "A" to the adjoining landowners and
fixes the price at which the road allowance is to be sold
at $120,000.00 and fixes the period within which the
abutting landowners shall have the right to purchase that
part of the said road allowance upon which his or her
land abuts to be three weeks from the date this by-law
becomes effective. These offers shall be conditional
upon both parties agreeing to purchase each half of the
road allowance.
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3. If only one adjoining landowner accepts the offer to
purchase half the road allowance at $60,000, their offer
is null and void and that same landowner may then offer
to purchase the entire parcel for $120,000 within six
months from the date this by-law becomes effective.
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BY-LAW NO. 1992-21
Page 2
4.
If both adjoining landowners do not exercise their right
to purchase the lands described in Schedule "A" within
the period set out in Paragraph 2 of this by-law, Council
authorizes the sale of the lands described in Schedule
"A" by public tender.
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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.
6. There shall be attached to and forming a part of this
by-law, Schedule "B", the affidavit of Ronald R. Shaw,
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.
5.
7. 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.
8. This by-law shall become effective only upon the approval
of the Minister of Municipal Affairs.
9. This by-law may be cited as the "Wellington Avenue Road
Closure and Sale By-law".
READ a FIRST and SECOND time this 19th day of March, 1992.
READ a THIRD time and FINALLY PASSED this day of 16th of April,
1992.
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Mayor
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APPROVED under subsection 3 cf section
297 c1 Th:: i'hJí:;c;pajAct.
Tn¡3_J.9¡'h_'~;jor Jan. ,19Q3.
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Dave C'Gc~':e
Minister o~ M',.¡i,icpal A!:airs
EXHIBIT RAn
THIS IS THE ACTUAL NOTICE WHICH WAS PUBLISHED IN THE
KINCARDINE NEWS AND REFERRED TO IN THE AFFIDAVIT OF RONALD
R. SHAW, CLERK-ADMINISTRATOR.
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A ¡. TQWNOFKINCARDINE
.. ROÅDCLO~ ANDSALE
The proposed stopping up, èlo~gfand sale ofWeuington
Avenµe lying ,west of HurO'~íT~rrace ii1.the··+(t~n of
Kincardine.. :¡).> ..'
NOTICE is hereby given puMant to Section 300 of the
Municipal Act, R.S.O. 1990,'c.M.45 that the Council for
The Corporation of the, Towri~of Kincardine proposes to
pass a by-law to stop up, ç1bsè and selLparl of the
Wellington Avenue Roa.d Allowan¢e lying westof-Ruron
Terrace in the Town of Kiiìcárdine and consis.ting of
-" .' . ." . . - . , . "'~.....'
approXimately one thousand, {9\l1'hundred. and,fort:y-Seyen
(1,447) square metres. ,. '·f
The proposed p,lan, by-law itpd descripüöÌ1showi~g the
lands affected may be viewed in the Clerk's 9ffi~at the
Town Hall, 707 QUeen Street, Kincardine, Ontario, during
nonnal office hours.
On Apm16 1992 at 7:30 p.m.."in the Council Chambers,
Town Hall,". 7 Queen Street, ~cardine, thè Còunci! for
The Corporauon of the Towrioqf Kincardine will hear, in
person, or by counsel, solicitot~r agent, any person who
c1aiI¡1s his or her land will be prejudicially affected by the
said by-law and who applies tó'be heard. Any person who
wishes to be heard, should, as soon as possible, make appli-
cation to: _'_"
,. ~.",.- ....,.--- .". ~__~,~,...;,.__ _'....4'>___.___. ~_.".....',,~~...-.............. '-",!
Ronald R. Shaw
Clerk·AdIQinistrator
Town o~ KJ~çardirie
707 Queen¡Street,
Kincardine,Ontario.
N2Z 1Z9
(519»96;3018 '.
.
This is Exhibit "A"
Referred to in the
Affidavit of Ronald R.
Shaw sworn before me
this 13th day of May,
1992.
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Maureen A. Couture
A Commissioner, etc.
Deputy Clerk, Town of Kincardine
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BY-LAW NO. 1992-21
SCHEDULE "A"
Part of Wellington Avenue,
Town of Kincardine, in the
particularly described as
3R-5639.
Townplot of Penetangore in
County of Bruce and being
Part 1 on Reference
the
more
Plan
.
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BY-LAW NO. 1992- 21
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 Wellington Avenue
Road Allowance lying west of Huron Terrace to be
published in The Kincardine News on the following
dates:
i) March 18, 1992
ii) March 25, 1992
iii) April 1, 1992
iv) April 8, 1992
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 The
Corporation of the Town of Kincardine on the 16th day
of April, 1992 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 13th day of May,
1992.
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Maureen A. Couture,
A commissioner, etc.
Deputy Clerk, Town of Kincardine