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Home My WebLink AboutKIN 87 011 Cls/Stp/Sell Saugen THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1987-11 . TO CLOSE AND STOP UP PART OF THE EAST PART OF SAUGEEN STREET BETWEEN HARBOUR STREET AND THE KINCARDINE HARBOUR WHEREAS Section 298(1) of Chapter 302, as amended, municipality to pass by-laws highways; the Municipal permi ts the for stopping Act, R.S.O., 1980, council of every up, closing & selling AND WHEREAS it is deemed expedient in the interest of The Corporation of the Town of Kincardine, hereinafter referred to as the Corporation, that the original unopened road allowance set out and described in Schedule "A" attached hereto be closed and stopped up; and the land sold to the adjoining land owners; 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 Corporation has heard in person or by his/her counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heard; AND WHEREAS transaction; the Federal Government has consented to this NOW THEREFORE, the Council of The corporation of the Town of Kincardine ENACTS as follows: 1. That upon and after the passing of this by-law and upon all necessary approvals being received, all that portion of the 66 foot road allowance for the road set out and described in Schedule "A" attached hereto, be and the same is hereby closed and stopped up. 2. All that part of the said unopened road before described and stopped up shall adjoining owner or owners or any of them. allowance herein be sold to the 3. The mayor and clerk are hereby authorized to execute all documentation in connection with the closing of the road allowance described in Schedule "A" attached hereto. 4. 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. 5. There shall be attached to this by-law as Schedule "B", the áffidavit of Ronald R. Shaw, Clerk of the Corporation of the Town of Kincardine, setting out the proceedures taken for publishing and posting the said notices pursuant to the provisions of the Municipal Act. . 6. There shall be attached to this by-law as Schedule "CO, a copy of a statement from Public Works Canada stating that they have no interest in this property; 7. This by-law shall only come into full force and effect upon the approval of the Minister of Municipal Affairs for the Province of Ontario and when this by-law is registered on title. . . Page 2 1987-11 READ a FIRST and SECOND TIME this 19th day of February, 1987. ~~ Mayor Cl READ a THIRD TIME and FINALLY PASSED this 2nd day of,-··1\?~.Ü,J.~87. ," :",-,,: ~_. .. ~~~~ Mayor -.' .-. erk ..,' .- '- ...-" - . . '.... " ' . . page 3 1987-11 THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1987-11 SCHEDULE "A" All and singular that certain parcel or tract of land situate, lying and being in the Town of Kincardine in the County of Bruce and being composed of the east part of the saugeen Street Road Allowance between Harbour Street and the Kincardine Harbour, Part of Block E, plan 313, and being more particularly described as Part 5 on Reference Plan 3R-3930. . . Page 4 1987-11 THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1987-11 SCHEDULE "B" AFFIDAVIT OF RONALD R. SHAW 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 of the municipal road allowance known as the East Part of Saugeen Street between Harbour Street and the Kincardine Harbour as shown on Plans 61 and 77 and being more particularly described as Part 5 on Reference Plan 3R- 3930 to be published in the Kincardine Independent on the following dates: (i) (ii) (iii) (iv) January 28, 1987 February 4, 1987 February 11, 1987 February 18, 1987 3. Attached hereto as Exhibit "A" to this my Affidavit is a copy of the actual Notice which was published in the Kincardine Independent on each of the above mentioned dates. 4. The approval of the Federal Government has been obtained. 5. The proposed by-law came before Kincardine Town Council on the 19th day of February, 1987 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 30th day of March , 1987. d R. Shaw A Commissioner, etc. Deputy Clerk, Town of Kincardine . . SCHEDULE "c" IN THE MATTER OF THE MIINICIPAL ACT REVISED STATUTES OF ONTARIO, CHAPTER 302 AND IN THE MATTER OF CERTAIN ROAD ALLOWANCES IN THE TOWN OF KINCARDINE. STATEMENT The Government of Canada has no interest in that certsin parcel or tract of land and premises situate, lying and being in the Town of Kincardine, being composed of a road allowance on Saugeen Street, Block E, Registered Plan 313, designated as part 5 on Plan 3R-3930. DATED AT THE CITY OF OTTAWA IN THE REGIONAL MllNICIPALITY OF OTTAWA-CARLETON THIS 10TH DAY OF FEBRUARY 1987. 9#&:L Public Works Canada Real Estate Services Directorate Central Real Estate Registry 4/FEB.4/1.6 THIS IS EXHIBIT "A" REFERRED TO ) IN THIS THE AFFIDAVIT OF ) RONALD R. SHAW SWORN BEFORE ) ME THIS 30th DAY OF ) MARCH 1987. ) ) ) ) A Commissioner, etc. . . ! Af1\\,/.. """". I ~1/~7' ! -. -- ;'-""-. . ! ~L''''- I ç;-:~-~ I THE PROPOSED STOPPING UP, CLOSING AND SElliNG Of I MUNICIPAl RDADAllOWANCl KNOWN lOCAllY AS IHE {AST PART O' I SAUGHN STR!!T 10CAHU RElWUN HARBOUR STRUT AN" e KINCARUINI HARBOUR AND 10 THI PROPUSIU WiUENING Of ,.If I SAME HARBOUR SIRHT IU THf WfST ¡ I ! I , I I I ¡ , TOWN OF K!NCARDllVt --------~----------_.- NOTICE is hereby gIven pursuant to SectIOn 301 of 'he MunH:lpAI Acl. R.S.O., 1980, ChJPter 301 th.it the Council ot T~t Cocpoi'llton of the Town of Klncardme proposes. 10 tJdSS a!:.ty law to ~tofl up. dose ana '....il the ~nt plrt of it foad allowance known H SduKI'tn Stf~t" ~()í:¡If~(! between HArbour StItt' and (Incardll"~ ~¡HtJOur Aliff t.t'IIIr. mor~ pilrhcullrly de~crlbtd a~ PAn 5 on Referencf' f-'Ldn JR 3930 1he PdrU~t In Question IS Ipproxtmaltlv J 1 metll'Oj by ~! fflt'he... tOII\IS!HIR. 01 An area 01 apprOllm.ittlv ~OO sQuafe me-he... fURTHfR NOTICE IS htrtt)y gIven pursuant to SectIOn 30 I 01 the Municipal Ael. R S.O_, 19&0. Chap!tf 307 thaI tht Council of lh,. COIpOrd1l0n of the lown (I~ Kmcardmt prop0!.t"j, '0 pa...~ it hv IdW hi widen a road allowance k.nown as S}u~eerl ~1ret" bp.twtf"n !'iillboUl Stleet dnd KUlcaldHle HiUtlouf furth"" w,.stward 10 indudf' !'HHI.. desCflbtð as Pdrt or Block l. PI.m 313 afjd 1''''1 of Jh~ Lakf' Roitngf' 'W~·.I of SaUKe~" Stlttt all In the lown 0' KIII''''01l1l:' ðIHI ht-Hlg mllrt partIcularly described a!. Parh ], '1 dnd 3 on H,df.'lrnff' Plan 3k 3Y30 lhe parcel In Question IS uregulal In shapr .and I~ a(JpO)lImatel~ ;'4 metre!. by 47.~ metltS conO¡1.~tIP1R 0' a'l iUta of aplHOXlmdt~y RIO square metres. The proposed plan, t)y-Iaw, and descriptIOn showing tht land.. affected mdY be viewf!d In tht Ctrk'~ OHlct al !ht Town HitJ!, 701 Quten Street, !<Incafdmt, Ont,¡rw. I I I On Thursday. febru.arv 19, 1987 at 7:30 p,m. In tht Council Chambers, Town Hall, 10'1 QlJeen Street, KincardIne, tht Council ot Yh,. Corpolo1hon of the Town of !(Incaldlne will hf'al, In peHnn. 01 by counsel. solicitor Of aKent. any pPf\on who c!alms hi'" land WIll tho prejudicially atftcted Þy the saId hy-Iaw and who appllts to tie I'e",t! Any person who wI~he3 to be he-iud Should, a~ \oon a.... po....s'hle. !!Idke .apphc~tlOn to: Ronald R. Shaw Ct~rk. ·Admln,stfa!of lOl Que.n S./..! Klne,IId""",On!.lfJO N7l 119 ~ , , , ~ j , , , ~ , . , i ! ¡ ,