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HomeMy WebLinkAboutBy-law No. 2018-061 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2018-061 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY PART OF THE ROAD ALLOWANCE KNOWN AS LAKESHORE LINE FROM CLARKE ROAD TO ELGIN COUNTY ROAD 55 ON REGISTERED PLAN 11R-10344 PARTS 1-6 AND REGISTERED PLAN 11R-10345 PARTS 1-19 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS on February 12, 2002, the Council of the Corporation of the County of Elgin passed By-law No. 2002-002, being a By-law to Authorize the Temporary Closure of a portion of County Road No. 42 (Lakeshore Line) in the Municipality of Bayham; AND WHEREAS on September 13, 2005 the Council of the Corporation of the County of Elgin passed By-Law No. 05-30, being a by-law to authorize the removal of part of County Road 42, known as Lakeshore Line, from the County of Elgin highway system, and further to authorize the Warden and the Chief Administrative Officer to execute a Transfer/Deed of land of such highway in favour of the Corporation of the Municipality of Bayham as a lower tier highway; AND WHEREAS on September 1, 2005 the Council if the Corporation of the Municipality of Bayham passed By-law No. 2005-079, being a by-law to authorize the removal of part of County Road 42, known as Lakeshore Line, from the County of Elgin highway system, and further to authorize the Warden and the Chief Administrative Officer to execute a Transfer/Deed of land of such highway in favour of the Corporation of the Municipality of Bayham as a lower tier highway; AND WHEREAS on April 20, 2018, pursuant to the Notice By-law No. 2007-121, the Council of the Corporation of the Municipality of Bayham provided notice concerning the proposed stop up, close and conveyance of Lakeshore Line from Clarke Road to Elgin County Road 55, on Registered Plan 11R-10344 Parts 1-6 and Registered Plan 11R-10345 Parts 1-19 as a result of erosion of the bluff system that has created a public safety risk, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff; AND WHEREAS Lakeshore Line from Clarke Road to Elgin County Road 55, on Registered Plan 11 R-10344 Parts 1-6 and Registered Plan 11 R-10345 Parts 1-19 was declared surplus to the Municipality's needs on April 19, 2018; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law that portion of the road allowance known as Lakeshore Line from Clarke Road to Elgin County Road 55, on Registered Plan 11 R-10344 Parts 1-6 and Registered Plan 11 R-10345 Parts 1-19 is hereby stopped up and closed for the purpose of conveyance to abutting property owners pursuant to the Lakeshore Line Shoreline Erosion Strategy; 2. THAT the Mayor and the CAOICIerk have delegated authority to execute easement and conveyance documents and agreements prepared by the Municipal Solicitor for the purpose of conveyance of the subject lands to abutting property owners pursuant to the Lakeshore Line Shoreline Erosion Strategy; 3. THAT this by-law and subsequent easement and conveyance agreements shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11); 4. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, namely, `Lakeshore Line from Clarke Road to Elgin County Road 55, on a yet to be registered plan', upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 17th day of May 2018. l .. ..d MAYO" "