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HomeMy WebLinkAboutBRU 88 016 Wellington St. Inver ~-. 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. -. 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. . . 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. ~~ C K ¡{,~I/ ~ L~ REfu SEAL .. ~ '- - -- -' 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 . 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. ) ) ) ) ) ) Charles J. Ellis ) ) )