HomeMy WebLinkAboutKIN 90 041 Cls/Sell Mahod John
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1990 - 41
BEING A BY-LAW TO CLOSE AND SELL PART OF MAHOOD-JOHNSTON DRIVB.
WHBREAS Section 298(1) of the Municipal Act, R.S.O. 1980, Chapter
302, as amended, permits the Council of every municipality to pass
by-laws for stopping up, closing and selling highways;
AND WHBREAS it is deemed expedient in the interest of The
Corporation of the Town of Kincardine, hereinafter referred to as
the "corporation", that the road allowance set out and described
in Schedule "A" attached hereto be closed and stopped up and the
land sold;
AND WHBREAS 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 WHBREAS the Council of the said Corporation 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 THBREFORE the Council of 'fhe Corporation of the Town of
Kincardine BNACTS as follows:
1. The Council of The Corporation of the Town of Kincardine does
hereby stop up and close to vehicular traffic, that part of
the Mahood-Johnston Drive road allowance lying and being more
particularly described in Schedule "A" attached;
2. Council authorizes the sale of part of the lands described in
Schedule "A" to John S. Correia on the terms and conditions
as set out in an Ag reement of Purchase and Sale attached
hereto as Schedule "B".
3. The mayor and clerk are hereby author i zed to execute all
documentation in connection with the closing and sale of the
said lands.
4.
There shall be attached to this by-law as Schedule "CO, the
affidavit of Ronald R. Shaw, Clerk of The Corporation of the
Town of Kincardine, setting out the procedures taken for
publishing and posting of the said notices pursuant to the
provisions of the Municipal Act.
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Page 2
Closure and Sale of Part of Mahood-
Johnston Drive By-Law No. 1990 -
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 be cited as the "Closure and Sale of Part
of Mahood-Johnston Drive By-Law, 1990".
READ a FIRST and SBCOND time this 5th day of July, 1990.
jL?J~ (/, ~¿Þ7U
Mayor
RBAD a THIRD time and FINALLY
ay of July, 1990.
Æln~lf¿J é \ 9tkfr/v
ayor
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SCHBDULE "An
CLOSURE AND SALE OF PART OF
MAHOOD-JOHNSTON DRIVE BY-LAW NO. 1990 - 41
That certain parcel or tract of land lying, being and
situate in the Town of Kincardine, in the County of Bruce and being
composed of Part of Lots Band C, Concession A in the Town of
Kincardine, formerly in the Township of Kincardine and being more
particularly described as Part 1 of Reference Plan 3R-3990 save and
except Part 1 of Reference Plan 3R-4985.
.
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SCHEDULE "B"
CLOSURE AND SALE OF PART OF
MAHOOD-JOHNSTON DRIVE BY-LAW NO. 1990 -
AGREEMENT OF PURCHASE AND SALE FOR LANDS IN
KINCARDINE BUSINESS PARK, KINCARDINE, ONTARIO
DA~ED AT Kincardine this
day of
, 1 990 .
B [; J. I', L E t~:
~ame in full: JOHN S. CORREIA
Address: P.O. Box 74
Cambridge, Ontario N1R SS9
Telephone No. (519) 621-6659
hereinafter called the "PURCHASER" OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "TOWN" OF THE SECOND PART
THE PURCHASER, having inspected the following described property,
hereby agrees with the Town to purchase the following described
property:
',hat certain parcel or tract of land and premises,
situate, lying and being in the Town of Kincardine, in
the County of Bruce, and being composed of part of Lot
C, Concession A, having a frontage of approximately 71
meters and having a depth of approximately 100 meters and
composed of approximately .71 hectares and as marked in
red outline on the copy of the plan attached hereto as
Schedule "C" (herein called the "land"), for the
cúnsideration and upon the terms and conditiuns
i1creinafter set out including Schedule "A" hereto \"hich
s~Rll be read together with and shall form a part of the
tll] rcement.
1. PURCHASE PRICE AND TERMS OF PAYMENT
','he full purchase price shall be forty-two tboúsancJ, CòlX
húnderd DOLLARS ($42,6001 in lawful money of Canada,adjusted
in accordance with the provisions of paragraph 10 payable as
follows:
(a) ¡he sum of five thousand Dollars ($5,000) to be paid ~o
the Town, as a deposit, to be held in trust, pending
completion or other termination of this Agreement and to
be credited upon the purchase price on closing.
(b) The balance of the purchase price, subject to
adjustments, shall be paid by cash or certified cheque
to the Town on closing.
2. CONDI TIONS
2.1 This Agreement is conditional upon the Purchaser applying
for and being granted a building permit for the
construction of an industrial building satisfactory to
the Town on or before the date set for completion of this
transaction failing which this Agreement shall become
.
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null and void and the Purchaser's deposit shall be
retur~ed to him i~ full without i~terest or deduction.
L.¿ Rlqht of ~ermination by Town
Notwithstanding any other provision of this agreement,
the 70wn may continue to offer the land for sale, and in
the eve~t it receives another offer satisfactory to it,
it may so notify the Purchaser in writing. The Purchaser
shall then have 30 days from the date of receiving such
notice to obtain the building permit in accordance with
paragraph 2.1 of this Agreement, if one has not already
been obtained, and to complete this transaction, failing
which this Agreement shall become null and void and the
Purchaser's deposit shall be returned to the Purchaser
in full without interest or penalty.
3.
TITLE
ïhe Town shall convey to the Purchaser a good title to the
land free from any encumbrance, subject to reservations
contained in the original patent from the Crown, the
restrictions and covenants which run with the land, and to
those restrictions as set out in the Town of Kincardine's
Restricted Area By-law, as amended, and any other applicable
Municipal or Provincial laws.
4. SEARCH OF TITLE
.ne Purchaser shall have until 15 days prior to the date set
.ur completion of this transaction pursuant to paragraph 5
C1e,-eof co investigate the title at his own expense, and if
within that time the Purchaser shall furnish to the Town in
wrlti~g any valid objection to the title which the Town shall
be unable or unwilling to remove, and which the Purchaser will
~O'C I'¡aiVe, this Agreement (notwithstanding any i~tervening
~ecjotiations) shall be null and void and the deposit money
,eturned by the Town to the Purchaser without interest and the
Tuw~ or Agent shall not be liable for any costs or damages.
5. DATE OF CLOSING
This transaction is to be completed on or before the 30th day
of April, 1991.
6. TIME OF THE ESSENCE
Time shall in all respects be of the essence in this
Agreement.
7. COSTS
~he Purchaser covenants to obtain all survey work required to
complete this transaction including, without limitation, a
Reference Plan of survey of the lands prepared by an Ontario
Land Surveyor at his own expense.
Each party is to pay the cost of preparation, registration and
taxes on his own documents.
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8. TENDER
Tender may be made upon the parties or alternatively upon the
solicitors acting for the parties.
9. SERVICE CONNECTIONS
.
(a)
( i )
The Purchaser agrees that it will be responsible at
its own expense for the installation of all service
connections, laterals, and appurtenances thereto as
specified by, and under the supervision of the
Public Works Department of the Town, from the
property line of the said lands to any building or
buildings erected or to be erected thereon.
(i i) The Purchaser shall be responsible for any costs
involved in the installation of lateral water
service in excess of 20mm and lateral sewer service
in excess of 100mm from the main to the property
line.
(0 )
The Pu rchase r ag rees to install at its expense
necessary culverts and headwalls at access pOlnts
lnyress and egress to the land and to the standards
chc Town's Public Works Department as in (a) above.
all
of
of
(c) The Purchaser agrees to install, at its expense, all
req'Jired hydro electric, telephone, or other service
necessary to serve the Purchaser's building.
10. AREA ADJUSTMENT
~he purchase price provided for in this Agreement is pursuant
to Schedule "B" of this Agreement; prior to closing the
Purchaser shall provide the Town with an up-to-date reference
plan of survey of the real property prepared by an Ontario
Land Surveyor at the Purchaser's expense in accordance with
paragraph 7 of this Agreement setting forth the exact area of
the lands being purchased and, if such hectares shall be
either more or less than the estimated hectarage set out in
page 1 of this Agreement, the purchase price shall be
proportionately increased or decreased in accordance with such
variation.
11. HARD SERVICES
(a) The Town covenants to service the lands, at its expense,
with roads, 250 ffim sanitary sewer main, street lights,
street signs and 300 mm watermain. Further, each
property will be serviced with a 100mm sewer lateral, and
a 200mm water lateral.
.
(b) Storm water ditches in front of properties within road
rights-of-way will be sodded or seeded at the expense of
the Town.
If the services which the Town is to provide under this
paragraph cannot be provided within a reasonable time as
determined by the Town, then this Agreement may be terminated
by the Town on written notice to the vendor, in which event
the Purchaser's deposit shall be returned to him and the
reasonable survey, legal and permit expenses incurred to the
date of termination shall be paid to the Purchaser by the
To\.;¡n.
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12.
Er~SEHEt/iS
.
If hydro electric, telephone services or other public
uti:'itles are installed underground, the Purchaser shall
provide, grant and transfer to any such public utility without
ccmpensùtlon any and all easements which may be required for
such installation, whether such installation is required to
serVice the Purchaser's lands or any other land in the
Kincardine Business Park so long as such easements arc located
within front, side or rear limit set back as required by any
municipal or other governmental authority.
1:3 .
DEED COVENANTS
'¡"he Purchaser covenants and agrees that Schedule "A" forms
part of this Agreement and that it is bound by the restrictive
covenants therein. The Town may, at its option, require that
any of the terms of this Agreement and Schedule "A" be
incorporated in any deed or deeds to the Purchaser or its
assigns or nominees; and that such deed shall be executed by
the Purchaser.
14. ~lERGER
It is agreed that the delivery of any deed will not merge or
affect any of the terms of this Agreement and Schedule "A" all
of which shall survive the closing of this transaction and
continue in full force and effect.
15. TAXES
Unearned taxes will be apportioned and allowed to the date of
closing.
16. RESIDENCY PROVISIONS
~he Purchaser warrants that it is not a non-resident of Canada
within the meaning of the Land Transfer Tax Act.
17. ZOUING
~he Purchaser acknowledges that the property is zoned as M-1
unòer the Town of Kincardine's Restricted Area By-law as
amended.
18. BUILDING IN ACCORDANCE WITH PLAN
(a) If the Purchaser does not complete the construction of
the building for which a building permit was issued in
satisfaction of the condition contained in paragraph 2
hereof within one year from the date of completing this
transaction then the Town shall have an option to
repurchase the land as is at the same price paid by the
Purchaser less any amount paid or payable by the Town as
real estate commission, legal fees and survey costs on
the sale to the Purchaser, and less any amount of
municipal taxes payable on the land; and less any amount
paid or payable by the Town for land transfer tax and
legal fees incurred to re-purchase the land from the
owne r .
.
(b)
The option herein given shall be exercised by the Town
giving the Purchaser notice in writing not later than
sixty (60) days after the expiration of the one (1) year
period referred to in paragraph 18(a) herein.
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(c) In the event the Town exercises the option herein, the
Town shall pay to the Purchaser the amount as calculated
in subparagraph (a) above and the Purchaser will reconvey
the land to the Town free and clear of all encumbrances.
This repurchase shall be completed within thirty (30)
days after the notice exercising the option shall have
been given to the Purchaser.
.
(ò) All notices to be given hereunder may be given by letter
delivered or mailed, postage prepaid, and addressed to
the Purchaser at:
P.O. Box 74
Cambridge, Ontario N1R 5S9
and to the Town at:
Clerk, Town of Kincardine
707 QUEEN STREET
KINCARDINE, ONTARIO
N2Z 1Z9
'~r sùch other address as any party from time to time may
,,¡point in writing and any such notice so mailed shall be
u02med to be given to and received by the addressee forty-
cl~ht (48) hours after such mailing.
19. PIRS~ RIGHT OF REFUSAL
(0) It the Purchaser, after the completion of the transaction
herein decides to sell any of the land that is vacant and
surplus to its needs and receives a bona fide offer to
purchase the said surplus lands which the purchaser is
willing to accept, then the Purchaser shall give written
notice of such offer to the Town by sending to it a true
copy therof and the Town shall have the right, during the
next twenty (20) business days after the giving of such
notice, by written notice given to the Purchaser, to
elect to purchase the said surplus land for the price
originally paid therefore adjusted in accordance with
paragraph 10. It is the policy of the Town of Kincardine
to encourage industrial development in the business park
and to discourage speculation on purchase of municipally-
owned industrial land.
ib) If the Town does so elect, the notice given by it shall
constitute a binding agreement of purchase and sale
provided it is authorized by the Town by By-law within
ten (10) business days after the date of acceptance by
the Town. If the Town does not so elect, the Purchaser
shall be free to se II the premi ses on the te rms and
conditions set forth in the offer to purchase received
by the Purchaser.
(c) The right of the Town as set forth in subclause (a) and
(b) above shall be enforceable against any purchaser of
the land.
20.
BINDING AGREEMENT
.
This offer when accepted shall constitute a binding agreement
of purchase and sale which shall enure to the benefit of and
be binding upon the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
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21.
AL'd::RA'1'lONS
.
It is agreed that, notwithstanding any terms and conditions
o~tlined in the printed words herein, any provisions written
into the Offer at the time of signing shall be the true terms
and shall supersede the printed portion in respect to the
parcs affected thereby. This Offer and its acceptance is to
be read with all changes of gender or number required by the
ccncext.
C"
¿ ¿.
RCPRES Et;'l'A'i IOtiS
It is agreed that there are no representations, warranties,
cO_laterðl Agrcements or conditions affecting this Agreement
or ti1e real property described herein, other than chat
ex~ressly 9rovided in writing herein_
23. i f-lL PLA1HJ I nG AC'l'
Provided that this Agreement is subject to the express
condition that it is effective only when the provisions of The
Planning Act of Ontario, 5.0. 1983, Chapter 1, as amended,
have been complied with.
tt-- ~/lÚ
If ~
the ~_day.·~-,-__::_____
expires ana
2'f:. ALlCI'iY OF OFFER
e.. .,.../.J.~
, c"HIS.,..p.FFER SHALL BE IRREVOCABLE by the 'l'ðwn- until
i¿.. ]'y of .A¡JriQ, 1990, after which date, if not accepted,
~ ,- becomes null and void, and the deposit
c"-.:.·-..---/ paid hereunder shall be returned to the Purchaser without
contest or penalty.
25. SEVERABILITY
It is mutually agreed that in the event that any clause or
provision of this agreement or any part thereof shall be
declared invalid, void or unenforceable by any Court having
Jurisdiction, such invalidity shall not affect the validity
Dr enforceability of the remaining portions of this agreement
ûnless the result would be manifestly inequitable or
unconscionable.
iN WI~~ESS WUEREOF the Purchaser has
seals this /11-1- day of ßfJ/Ï!
hereunto set their hands and
, 1990.
SIC¡;t:D, SEALED AND DELIVERED
;, the~sence of
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'the 'j:own accepts this Offer and its terms and covenants, and
promises and agrees to and with the said above named Purchaser to
duly carry out the terms and conditions above mentioned, and agrees
to pass a By-law authorizing this transaction.
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Town has hereunto set its hand and seal this
, 197"Ô.
¡ÆEREOF the
of ?n7
W ¡H 'j'!H;SS
/-<JX day
THE CORPORATION or 'diE
TOWN OF KINCARDINE
.
Per:
j Ít. 7f./Iv-U ¿j
Mayor
ç;' .
/ /:.
l _J/Ct:;,£( , '\
Purchaser's Solicitor
"oliclt.or
Göc'v'U,""
"1 r PHI Y d ¡J C 1\,/)<,/2,),-/v'
Graham E. Mahood
Iii! 1liUlv¡ó S) t{m1MIf;J(,£-
313 Lambton Str. Box 388
o.-v[
Kincardine, Ontario
(tlf/( k'úCH
N2Z 2Y8
T;,c P"rchaser acknowledges receipt of a duly executed copy of this
AgreemcR~ this day of , 19
Purchaser
.
SCHEDULE "A" to an Agreement of Purchase and Sale between
THE CORPORATION OF THE TOWN OF KINCARDINE and JOHN S. CORREIA
.
The Purchaser covenants with the Town to observe and comply with
the follow1ng restrictions, the burden of which shall run with the
lands described herein for a period of 25 years from January 1st,
1986, and the benefit shall rJn with each part of the land now
owned by the Town, being:
','hat certain parcel or tract of land and premise situate,
ly"ng and being in the Town of Kincardine, in the County of
Bruce, and being composed of part of Lots A, B, and C 1n
Concession "Au, and known as liThe Kincardine Business Park'!.
1. The said lands or any part thereof shall not be used for
residential purposes.
2. No building or structure shall be erected or placed upon the
sald lands or any part thereof unless the same are generally
[i,reproof, the materials of which same are constructed are
incombustible in composition and the exterior construction is
of brick, stone, reinforced concrete, pre-cast concrete, or
glass or a combination of these materials or some other
masonry materials provided that such other materials shall
have first been approved in writing by the Town and comply
with The Building Code Act R.S.O. 1980, as amended.
3. No metal-clad siding shall be used as a finishing feature of
any building erected or placed upon the said lands or any part
thereof, with the exception of materials used for soffits and
fascia. No roof line, other than a flat roof line, shall be
allowed.
4. The said lands or any part thereof or any building or
structure thereon or to be erected or placed thereon or any
part thereof, shall not be used for any purpose or in such
manner which shall be a nuisance to the occupants or owners
of any neighbouring lands or buildings by reason of the
emission from the said lands or any part thereof or the
creation thereof of odours, gases, dust, smoke, noise, fumes,
c1nders, soot or waste or otherwise, as prescribed by any
governmental laws, by-laws, orders and regulations.
S. Uo building or structure shall be erected or placed and no
park1ng area or driveway shall be laid out, constructed or
maintained upon the said lands or any part thereof, unless the
stte plans and working drawings, including elevations thereof,
shall have been prepared by a qualified professional engineer
or architect and shall have been first submitted to and
approved in writing by the Town or its successors and such
butlding, structure, parking area and driveway shall have been
erected, placed, laid out, constructed and maintained,
strictly in accordance with the site plan and working drawings
as approved and with the requirements of governmental laws,
by-laws, orders and regulations. The words "building or
structure" where used in these stipulations, restrictions and
provisions shall include, without limiting the generality of
the foregoing, a water tower, smoke stack, tower, transformer,
pump house, silo, cyclone, hopper and fence.
.
.
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6. No bUilding shall be erected on said lands with a ground floor
fi~ished floor elevation of less than 30 centimetres above the
centre line of the roadway immediately in front of the land.
No cruck receiving or shipping doors shall face the street on
the front elevation of the building.
I.
~ú signs, billboards, notices or other advertising matter of
any kind shall be erected or placed (except as hereinafter
~rovideà) upon any part of the said lands or upon or on any
bÛilding or within any building where the same may be visible
oûtside or upon or on any fence, tree or other structure on
the saià lands without the prior written consent of the Town
or its successors, provided further that consent shall not be
required in respect of a sign of reasonable dimensions and
uSûal type offering the said lands for sale or offering the
said lands or any part thereof for rent.
8.
No excavation shall be made on the said lands except
excavations for the purpose of construction thereon or for tho
improvement of the grounds thereof. No soil, sand, earth or
gravel shall be removed from the said lands except as part of
any such exoavation. No storage of excess material from
excavation or construction shall be permitted for a period
longer than what is sufficiently required to complete the
co~struction program including seasonally affected items such
as landscaping, paving and final grading. No building waste
or other waste material of any kind shall be dumped or stored
on the said lands except as hereinbefore mentioned.
9 .
Iio living tree shall be cut down or removed from the said
lands other than those standing in an area to be excavated for
c~,,, erection of a building thereon or within an area for
parking as indicated on the site plans approved by the Tow~
witho~t the consent in writing of the Town or its successors.
10.
No ouilding shall be deemed completed until landscaping of the
grounds, lawns and shrubbery surrounding the building are
improveà in such a manner as to be in keeping with the general
appearance of the surrounding lands and in accordance with
landscaping plans approved by the Town. Landscaping shall
inolude sodding (No.1 grade nursery sod), trees, bushes and
other plantings, and shall be completed within nine (9) months
of the issuance of an occupancy permit.
11.
The balance of the lands other than those parts hereof upon
\.¡hich a driveway, parking, or shipping-receiving area is
maintained, shall be kept in a neat and tidy manner, free of
weeds, garbage waste materials, and other noxious items.
1"
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No accessory building, structure, above ground storage tank,
or enclosure shall be placed, installed or used upon the said
lands without the prior written consent of the Town or its
successors.
13. No fencing, separation, or other form of area delineation
shall be placed, installed or used upon the said lands without
the prior written consent of the Town or its successors as to
location, type of fencing, means of separation, or other form
of area deliineation contemplated. In any event, no such
fencing, separation, or other form of area delineation will
take place in the front yard of the said lands, other than a
driveway or a hedge.
.
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ll;. ~hc 'lO\..'n may waive, alter or modify these restrictions In
c>:'spect to any lot or lots 1n the Kincardine Business Park
Wl'tÌlout notice to the owner of any other lot so long as the
~own reta1ns ownership of any of the lands above described Qnd
now owned by the Town, or any lands purchased under Clauses
18 and 19 of this Agreement.
ì 5.
~he Purchaser agrees to obtain from any subsequent
or transferee from him a covenant to observe
restr1ctlons and other covenants herein set forth
this clause.
purchaser
builòing
inclljding
16. In [he event the Covenants herein are more restrictive than
the By-laws, that are in force from time to time in the 70wn
of Kincardine, then the Covenants herein will prevail. In the
event the By-laws that are in force from time to time in the
Town of Kincardine are more restrictive than the Covenants
herein, then the By-laws will prevail.
17. Lhese covenants shall be bi nd i ng upon and enu re to the bene fit
ot the respective heirs, executors, administrators, successors
and assigns of the parties.
.
.
SCHEDULE "B" to an Agreement of Purchase and Sale between
THE CORPORATION OF THE TOWN OF KINCARDINE and JOHN S.
CORREIA
Land Prlce
$60,000.00 per hectare
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SCHEDULE "C"
CLOSURE AND SALE OF PART OF
MAHOOD-JOHNSTON DRIVE BY-LAW NO. 1990 - 41
1.
I am the Clerk of The Corporation of the Town of Kincardine
and as such have 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 Mahood-Johnston Drive road
allowance located in the Kincardine Business Park to be
published in The Kincardine News on the following dates:
( i )
(ii )
(iii )
(iv)
June 6, 1990
June 13,1990
June 20, 1990
June 27, 1990
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 Municipal Council on the 5th
day of July, 1990 and no one appeared in person or by counsel
to make representation with respect to the proposed by-law.
One letter was received from Bryan Richards which was
considered by Municipal Council at the public meeting; a copy
of such minutes are hereby attached as Exhibit "B" to this my
affidavit.
SWORN before me at the
Rona d R. Shaw
n~strator
Town of Kincardine
Town of Kincardine
in the County of Bruce,
this 23rd day of July
1990.
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A Comm~ss~oner, etc.
Deputy-Clerk
Town of Kincardine
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EXHIBIT "A"
PUBLIC NOnCE
e TOWN OF KINCARDINE
: ~,-::: ROAD CLOSING AND SALE
THE PROPOSED.5TOPPING UP, CLOSING AND SELLING OF
PART OF THE MAHOOD-JOHNSTON DRIVE ROAD ALLOWANCE
BEING LOCATED IN THE KINCARDINE BUSINESS PARK.
NOTICE is hereby given pursuant to Section 301 of the Municipai
Act, R.S.O. 1980, Chapter 302, as amended, that the Council of the
Corporation of the Town of Kincardine proposes to pass a by-law
to stop up, close and sell part of the Mahood·Johnston Drive Road
Allowance located in the Kincardine Business Park and being Part
of Lots Band C, Concession "A" in the Town 01 Kincardine (former-
ly the Township of Kincardine) in the County of Bruce and being more
particularly described as Part 1 of Reference Plan 3R-3990 save and
except Part 1 of Reference Plan 3R 4985.
The proposed plan, by-law and description showing the lands af-
fected may be viewed in the clerk's office at the Town Hall, 707
Queen Street, Kincardine, Ontario during regular office hours.
On Thursday, July 5,1990 at 7:30 p.m. in the Council Chambers,
Town Hall, 707 Queen Street, Kincardine, the Council 01 The Cor-
poration 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 pre-
judicially 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:
Ronald R. Shaw
Clerk·Admlnlstrator
Town of Kincardine
707 Queen Street
Kincardine, Ontario
N2Z 1Z9
THIS IS EXHIBIT "A"
REFERRED TO IN THE
AFFlDAVIT OF RONALD R.
SHAW SWORN BEFORE ME
THIS 23rd DAY OF JULY
1990
~LJJ;//Lp';
A Commissioner, etc.
Deputy-Clerk, Town of
Kincardine
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File: 971 - Business Park
July 6, 1990
PUBLIC MEBTING
SUBJECT: Closure and Sale of Part of Mahood-Johnston Drive
PRESENT: Mayor Donna Wilson, Reeve Stuart Mowry, Deputy Reeve
Judy Sauder, Councillors Alex Clarke, John Paulusse,
Darryl Burley and Derrick Nurton, Clerk-Administrator
Ronald Shaw, and Manager of Public Works Reinhard
Trautmann.
ALSO PRESENT: Four members of the press, and no members of the
public.
PLACE:
Council Chambers, Kincardine Ontario
DATE:
July 5, 1990 at 7:30 p.m.
closure
east of
One letter was received from Bryan Richards opposing the
based on his concern of routing traffic onto Bruce Avenue
the cemetary from the Upper Shore Road extention.
The Clerk-Administrator pointed out that this proposal
simply is part of the re-routing of Mahood-Johnston Drive within
the Business Park and does not change the ingress/egress to the
park at either Kin-Huron Road or Bruce Avenue.
The members of Council present noted the matter and asked
the Clerk-Administrator to relay these comments to Mr. Richards.
The meeting adjourned at approximately 7:40 p.m.
THIS IS EXHIBIT "B"
REFERRED TO IN THE
AFFIDAVIT OF RONALD R.
SHAW SWORN BEFORE ME
THIS 23rd DAY OF JULY
1990.
A Commissioner, etc.
Deputy - Clerk, Town of
Kincardine