THE CORPORATION OF THE TOWN OF LINCOLN j BY-LAW NO

Transcription

1 THE CORPORATON OF THE TOWN OF LNCOLN j BY-LAW NO A BY-LAW TO STOP UP AND CLOSE THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSONS 9 AND 10, LOT 15, N THE FORMER TOWNSHP OF CLNTON, NOW TOWN OF LNCOLN, REGONAL MUNCPALTY OF NAGARA, AND TO AUTHORZE THE CONVEYANCE OF SAME WHEREAS pursuant to the provisions of the Municipal Act, 2001, S.O. 2001, c.25, the Council of every municipality may pass by-laws for stopping up any highway or part of a highway and for leasing or selling the soil and freehold of a stopped up highway or part of a highway; AND WHEREAS Section 34 of the Municipal Act, 2001, provides inter alia that before passing a by-law for stopping up, selling or leasing a highway, public notice of the proposed by-law shall be given; AND WHEREAS Section 268 of the Municipal Act, 2001, provides inter alia that where a highway or any part of a highway over which a ml,jnicipality has jurisdiction has been closed under the Municipal Act and the COl,Jncil of the ml,jnicipality determines to sell the land forming the highway or part of the highway so closed, the lands shall be sold in accordance with the provision of that Section, which include the provision that the Council shall by by-law set the sale price of the land to be sold and shall offer it to the owner of the land abutting the land to be sold; AND WHEREAS subsection 34(5) of the Municipal Act, 2001, provides inter alia that a by-law passed under that Section for closing any street, road or highway does not take effect until it has been registered in the land registry office of the land titles division or registry division in which the land is situate and the by-law shall be registered without further proof by depositing a copy certified under the hand Of the clerk and the seal of the municipality; AND WHEREAS the Council of the Corporation of the Town of Lincoln deems it expedient and in the public interest for the reasons in Report CS 06-25, that the unopened road allowance between Concessions 9 and 10, Lot 15, in the former Township of Clinton, now Town of Lincoln, be stopped up and closed; AND WHEREAS notice of the intention of the Council of the Corporation of the Town of Lincoln to consider a by-law for such purposes was published in the September 13, 2006 issue of the Grimsby-Lincoln News; AND WHEREAS the Town of Lincoln held a public hearing on the proposed road closing by-law at its regular meeting on September 25, 2006; NOW THEREFORE, THE COUNCL OF THE CORPORATON OF THE TOWN OF LNCOLN ENACTS AS FOLLOWS: 1. That this Council does hereby stop up and close to vehicular and pedestrian traffic the unopened road allowance between Concessions 9 and 10, Lot 15, in the former Township of Clinton, now Town of Lincoln, Regional Municipality of Niagara, as described in Schedule "A", affixed hereto and forming part of this by-law. 2. That this Council does hereby declare the lands as described as Schedule "A" affixed hereto, to be surplus to the needs of the municipality.

2 -2-3. That pursuant to the provisions of Section 268 of the Municipal Act, 2001, this Council authorizes the sal~ of the lands described in Schedule "A" to the adjacent owners of property as are properly determined under the provision of the said Act to be entitled to obtain such lands, at the corresponding prices, being the value of the lands as established by a competent appraiser and as detailed in Schedule "A". 4. That it is a condition of the sale of the lands described in Schedule "A" th~t the lands be merged in title with the lands immediately adjacent and owned by the purchasers of the lands described in Schedule "A", so as to ensure that no new lot is created. 5. That the Mayor and the Clerk and each of them are hereby authorized to execute and all documentation in connection with the closing and sale or lease of the said lands and are also authorized to effect the registration of this by-law at the appropriate Registry Office. 6. That there shall be attached to this by-law as Schedule "B", the Affidavit of William Kolasa, Clerk of the Corporation of the Town of Lincoln, setting out the procedures taken for publishing and posting of the said notices required pursuant to the provisions of the Municipal Act, BY-LAW read a FRST time this 2nd day of October, BY-LAW read a SECOND time this 2nd day of October, BY-LAW read a THRD time and FNALLY PASSED this 2nd day of October, CLERK: WLLAM J. KOLASA

3 SCHEDULE "A" TQ BY-LAW NO i., All of the unopened road allowance between Concessions 9 and 10, Lot 15 in the former Township of Clinton, now Town of Lincoln, described as Part 2 on Reference Plan 30R Value: $

4 SCHEDULE "B" TO BY-LAW NO i i W, ". AFFDAVT, WLLAM KOLASA, Clerk of the Town of Lincoln, in the Regional Municipality of Niagara, make oath and say as follows: 1. am the Clerk of the Corporation of the Town of Lincoln, and as such, have knowledge of the matters hereinafter outlined. 2. The Council of the Corporation of the Town Of Lincoln gave notice of the proposal to stop up and close and convey the subject road allowance in accordance with the Town's Notice By-law No in the Grimsby-Lincoln News, a newspaper having general circulation in the Town of Lincoln, on September 13th, The notice in the Grimsby-Lincoln News was in the form of Exhibit "A" attached hereto and made part of this Affidavit. 4. The proposed By-law came before the Municipal Council of the Corporation of the Town of Lincoln on the 2nd day of October, The Town Of Lincoln proceeded with passing of the required by-law pursuant to the Municipal Act, 2001, S.O. 2001, c. 25. SWORN before me at the Town of Lincoln in the Regional M'!.ni~ip~lity ot Niagara. this \\f ) ~dayof t7~~,2006. ~~ c::::::::::,.~ Gary Ada Dal Bianco. a Commissioner, etc., Regional Municipality of Nagara,.: while Deputy Clerk of the Corporation of the Town of Uncoln. William Kolasa Town Clerk

5 EXHBT "A" ', ~O"CE', '. ; 'PROPOSED, CLOSNG AND SALl= 'of PART,~ OF THE ROAD ALLOWANCE BETWEEN,CONCESS''ONS',9 ~ND\ 10, LOT 1,5, N THE FORMERioWNSHP OF CLNT-ON" NOW'NTHE TOWN O~ L1NCO(.N. TAKE NOTCE that the Council of the Town of Uncoln intends to consider, at its meeting to be Held on September 2q, 2006, in,the Town.ef Lincoln Council Chambers at the Mu'nicipal 'onice~, 4800 South Servic~ Road'in,Beamsville at 7:00 pm, and, if approyeq, pas a by-law stopping, closiljg,,and aythorizing the1; leasing Qf selling of part of the, road allowanc~, described above. The s~ctio,n of road allowance preposed to be sola are shown on the sketch that appears here., AND FURTHER, take'noticethatthecouncil will hear, in person orby Oounsel, Solicitor or agent, any perso'1 who claims his lands will be prejudicially afte'cted py the s,aid by-t.aw and Who applied to be heard. ',, " Gary DalBianco, Deputy Clerk LocATON MAP Lot