HomeMy WebLinkAboutBRU 88 016 Wellington St. Inver
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-16
TO CLOSE, STOP UP AND SELL A PART OF WELLINGTON STREET,
NORTH OF CALEY STREET AND SOUTH OF PRINCESS STREET, IN
THE TOWNPLOT OF INVERHURON.
WHEREAS 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 WHEREAS it is deemed expedient in the interest of The
Corporation of the Township of Bruce, hereinafter referred to as
the Corporation, that the road allowance being a part of
Wellington Street in the Townplot of Inverhuron described as
Parts 2, 3 and 4 on Reference Plan 3R-3966 be closed and stopped
up, and the lands sold;
AND WHEREAS notice of this by-law has been pUblished once a week
for four consecutive weeks in the Kincardine Independent and the
Kincardine News, newspapers pUblished in the Town of Kincardine;
AND WHEREAS 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 THEREFORE the Council of The Corporation of the Township of
Bruce ENACTS as follows:
1. The Council of The Corporation of the Township of Bruce does
hereby stop up and close to vehicular and pedestrian
traffic, that part of the municipal road allowance being a
part of Wellington Street in the Townplot of Inverhuron
described as Parts 2, 3 and 4 on Reference Plan 3R-3966.
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2.
Council authorizes the sale of the said road allowance being
a part of Wellington Street in the Townplot of Inverhuron
described as Parts 2, 3 and 4 on Reference Plan 3R-3966 to
the adjoining owners and fixes the price at which the land
is to be sold at $2.00 and fixes the period within which the
abutting owners shall have the right to purchase that part
of the said land upon which his land abuts to be the period
from the date of passage of this by-law to 15th day of June,
1988.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-16
PAGE 2
3. The Reeve and the Clerk are hereby authorized 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 "A" the
affidavit of Charles J. Ellis, Clerk of The Corporation of
the Township of Bruce, setting out the procedures taken for
publishing and posting of the said notices pursuant to the
provisions of The Municipal Act.
By-law introduced and read a First time this TWENTY-SIXTH day of
MAY, 1988.
By-law read a Second time this TWENTY-SIXTH day of MAY, 1988.
By-law read a Third time and finally passed, signed, sealed, and
numbered 88-16 this TWENTY-SIXTH day of MAY, 1988.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-16
PAGE 3
SCHEDULE "A"
AFFIDAVIT OF CHARLES J. ELLIS
1.
I am the Clerk
of The Corporation of the Township of Bruce
have knowledge of the facts hereinafter
and, as such,
deposed to.
2. I caused a notice of a proposed by-law for stopping up,
closing and selling a portion of the municipal road
allowance of Wellington Street, lying North of Caley Street
and South of Princess Street, in the Townplot of Inverhuron,
(herein called the "Proposed By-law") to be published in the
Kincardine Independent and the Kincardine News on the
following dates:
(i) April 13, 1988
(ii) April 20, 1988
(iii) April 27, 1988
(iv) May 4, 1988
3. On the 12th day of April, 1988, I caused the said Notice of
a Proposed By-law to be posted up in six of the most public
places in the immediate neighbourhood of the road allowance:
(a) Immediate Area
(b) Immediate Area
(c) Immediate Area
(d) Cottage Grocery
(e) Hydro Information Centre
(f) Tie Road Hydro Entrance
4. The Proposed By-law was passed by Municipal Council on the
26th day of May, 1988.
5.
One person, Grant Hopcroft, on his own behalf and as counsel
for other persons, applied to be heard with respect to the
Proposed By-law. The Municipal Council heard Grant Hopcroft
on the 4th day of May, 1988, and he stated that he did not
wish to make any representations opposing the Proposed By-
law provided the lands being Parts of Lots 31, 32, 33, 34
and 35, east side of Wellington Street, Townplot of
Inverhuron, now designated as Part 8 on Reference Plan 3R-
3966 were conveyed to The Corporation of the Township of
Bruce and dedicated as a public highway. A by-law accepting
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-16
PAGE 4
a conveyance of the said Part 8 from Ontario Hydro and
dedicating it as a public highway has been passed by the
Municipal Council as By-law No. 88-15.
6. No person other than Grant Hopcroft appeared in person or by
counsel to make representations with respect to the Proposed
By-law.
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