HomeMy WebLinkAboutBRU 92 012 road allowance
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-12
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BEING A BY-LAW TO AUTHORIZE THE STOPPING UP AND THE SALE OF PART OF
AN ORIGINAL ROAD ALLOWANCE LOCATED IN THE TOWNSHIP OF BRUCE, COUNTY
OF BRUCE AND THE ESTABLISHMENT OF A NEW HIGHWAY AT PART LOT 20,
CONCESSION 9, IN THE SAID TOWNSHIP.
WHEREAS the Municipal Act, R.S.O. 1990, Chapter M. 45, Section
297(1) authorizes the Council of a municipal corporation to pass
by-laws for the purpose of stopping up highways and to sell the
soil and freehold thereof and for establishing highways.
AND WHEREAS the Municipal Act, Section 315 establishes the
procedure for selling a highway which has been closed pursuant to
the provisions of the Municipal Act.
AND WHEREAS pursuant to an agreement dated August 21, 1991, the
Township of Bruce did agree to stop up and close and convey to Ross
Edward Wolfe, the adjoining owner that Part of Lot 20, Concession
9, used as a public highway and described as Part 1 on Reference
Plan 3R-5404 and that part of the original road allowance between
Lots 20 and 21, Concession 9, in the Township of Bruce, described
as Part 1 on Reference Plan 3R-5521.
AND WHEREAS pursuant to the said agreement Ross Edward Wolfe did
agree to convey to the Township of Bruce, Part of Lot 20,
Concession 9, described as Part 2 on Reference Plan 3R-5404 for the
purpose of establishing a road altering and diverting the original
road allowance between Lots 20 and 21, Concession 9, Bruce
Township.
AND WHEREAS that part of .the said original road allowance described
as Part 1, on Reference Plan 3R-5521 have never been opened for
public travel and are not required as a public road allowance or
highway.
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AND WHEREAS the municipal council of the Township of Bruce has
decided to stop up and close the said road allowance for public
travel.
AND WHEREAS the Clerk of the County of Bruce has been notified of
the intention to close this road allowance pursuant to Section
297(6) and the County of Bruce has not objected within the time
period allowed to do so.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-12
PAGE 2
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AND WHEREAS the said municipal council has directed the publication
of a formal Notice required by Section 300 of The Municipal Act so
that any person who might claim his land would be prejudicially
affected by the by-law might be heard prior to the final passing of
this by-law.
AND WHEREAS Notice of this by-law as required by Section 300 of The
Municipal Act, has been given by publication once a week for four
successive weeks normally on the 26th day of February, 1992, the
4th day of March, 1992, the 11th day of March, 1992, and the 18th
day of March, 1992, and the said publication has been by
advertisement of the proper notice in the Shoreline News, Beacon
Times, Kincardine News, and the Independent, weekly newspapers
published in and having circulation in the area of the said road
allowance.
AND WHEREAS the said Notice was also posted up for at least one
month in six of the most public places in the immediate
neighbourhood of the said highway as also required by Section 300
of the Municipal Act.
AND WHEREAS at the time and place fixed by the said Notice no
person appeared to make any claim that his land would be
prejudiciall y affected, or to make any compl aints against the
passing of such by-law and no valid reason has been urged upon the
Council attempting to show that the passing of this by-law will
prove harmful to any inhabitants of the said Township of Bruce.
AND WHEREAS the said Council deems it proper and expedient that
this by-law should be passed.
NOW THEREFORE the Council of the Corporation of the Township of
Bruce enacts as follows:
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-12
PAGE 3
1. That the Corporation of the Township of Bruce accept a deed of
Part of Lot 20, Concession 9, in the Township of Bruce, County
of Bruce, described as Part 2 on Reference Plan 3R-5404, from
Ross Edward Wolfe for the purpose of laying out and diverting
the original road allowance between Lots 20 and 21, Concession
9, Township of Bruce, and upon registration of the deed the
same be dedicated and assumed as part of the Bruce Township
highway system.
2. That Part 1 on Reference Plan 3R-5521 being part of the
original road allowance between Lots 20 and 21, Concession 9,
Bruce Township, Bruce County, be stopped up and closed to
vehicular and pedestrian traffic.
3. That Part 1 on Reference Plan 3R-5404 being the public highway
previously established at Part Lot 20, Concession 9, in the
Township of Bruce, County of Bruce be stopped up and closed to
vehicular and pedestrian traffic.
4. That the soil and freehold of the lands described as Part 1,
Reference Plan 3R-5405 and Part 1, Reference Plan 3R-5521 be
conveyed at no cost to Ross Edward Wolfe as owner of all lands
on both sides of the said highways, as required by the
agreement, dated August 2, 1991.
5. That the Reeve and Clerk are hereby authorized to execute all
documents necessary for the purpose carrying out the terms of
this by-law and to affix the corporate seal of the Township of
Bruce, as and when required.
6.
This by-law shall come into force and take effect upon its
approval by the Minister as required by section 297(3) of the
Municipal Act and upon its being registered in the Registry
Office for the Registry Division of Bruce (No.3) at
Walkerton, Ontario as required by Section 297(11).
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-12
PAGE 4
7. That we now repeal By-law No. 92-10.
By-law introduced and read a First time this FOURTEENTH day of
APRIL, 1992.
By-law read a Second time this FOURTEENTH day of APRIL, 1992.
By-law read a Third time and finally passed, signed, sealed, and
numbered 92-12 this FOURTEENTH day of APRIL, 1992.
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CLERK
REEVE
SEAL