THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 57-2002
 
A by-law to stop-up, close, and deprive of its character as part of the public highway the lands being described as Part of Lot 5 and 6, Concession 10, Northern Division, City of Brampton, Regional Municipality of Peel, and more particularly described as Parts 1, 2, 3, 4, 13, 14, 15, 16 and 20 on Reference Plan 43R-24888, known as Ebenezer Road and transfer Parts 1, 2, 15, 16 and 20 on Reference Plan 43R-24888 to 1238018 Ontario Limited.


WHEREAS the lands described in Schedule "A" to this by-law (the "Subject Lands") are part of the Regional Road system and the jurisdiction and control of the soil and freehold thereof are vested in the Regional Corporation under Section 23 of the Regional Municipalities Act, R.S.O. 1990, c. R.8 (the "Regional Municipalities Act");

AND WHEREAS the Regional Corporation has all of the powers conferred, and is subject to all of the liabilities imposed, upon the council or corporation of a city by the Municipal Act, the Highway Traffic Act, and any other Act in respect of highways under Section 32 of the Regional Municipalities Act;

AND WHEREAS the Council of the Regional Corporation pursuant to Subsection 297 (1) of the Municipal Act, R.S.O. 1990, c. M.45 (the "Municipal Act") has determined that the Subject Lands may be stopped-up and sold;

AND WHEREAS the stopping-up of the Subject Lands does not require any of the approvals in Section 297 of the Municipal Act and will not deprive any person of the means of ingress or egress to and from the person's land or place of residence thereby requiring the consent of the person under Section 298 of the Municipal Act;

AND WHEREAS notice of this proposed by-law was published once a week for four successive weeks in accordance with Section 300 of the Municipal Act;

AND WHEREAS the lands described in Schedule "B" to this by-law (the "Lands to be Transferred"), are owned by the Regional Municipality of Peel;

AND WHEREAS it is the intention of the Regional Corporation to sell the Lands to be Transferred to 1238018 Ontario Limited (an owner of abutting land) at a sale price fixed by by-law under Section 315 of the Municipal Act;

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. That those parts of the public highway described in Schedule "A" attached hereto being the Subject Lands, be and the same are hereby stopped-up, closed and deprived of their character as a public highway or street;

2. That the soil and freehold of the Lands to be Transferred described in Schedule "B" attached hereto, be transferred to 1238018 Ontario Limited (an owner of abutting lands), subject to the reservation of any easements required by the Regional Corporation;

3. That the conveyance of the Lands to be Transferred be subject to such easements as may be necessary to protect existing public utility works within the said lands, if any, and that the conveyance of such easements, if any, be made prior to the transfer of the said lands to the owner of the abutting lands;

4. That all documents necessary to effect the offer, sale and transfer of the Lands to be Transferred, and all required utility easements may be executed by the Regional Corporation's duly authorized signing officers.

 

READ A FIRST AND SECOND TIME IN OPEN COUNCIL this 31st day of October, 2002.

C. Gravlev
________________________

Acting Regional Clerk

E. Kolb
______________________

Regional Chair

 

READ A THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL this 12th day of December, 2002.

C. Gravlev
________________________

Acting Regional Clerk

E. Kolb
______________________

Regional Chair

 

Schedule "A" to By-law 57-2002

     
  Being a by-law to stop-up and close part of the public highway being described as Part of Lot 5 and 6, Concession 10, Northern Division, City of Brampton, Regional Municipality of Peel, and more particularly described as Parts 1, 2, 3, 4, 13, 14, 15, 16 and 20 on Reference Plan 43R-24888, known as Ebenezer Road and transfer Parts 1, 2, 15, 16 and 20 on Reference Plan 43R-24888 to the abutting owner.  
     
     
 

Description of the Subject Lands

 
     

Part of Lot 5 and 6, Concession 10, Northern Division, City of Brampton, Regional Municipality of Peel, and more particularly described as Parts 1, 2, 3, 4, 13, 14, 15, 16 and 20 on Reference Plan 43R-24888.

 

Schedule "B" to By-law 57-2002

     
  Being a By-law to stop-up and close part of the public highway being described as Part of Lot 5 and 6, Concession 10, Northern Division, City of Brampton, Regional Municipality of Peel, and more particularly described as Parts 1, 2, 3, 4, 13, 14, 15, 16 and 20 on Reference Plan 43R-24888, known as Ebenezer Road and transfer Parts 1, 2, 15, 16 and 20 on Reference Plan 43R-24888 to the abutting owner.  
     
     
 

Description of the Subject Lands to be Transferred

 
     

Part of Lot 5 and 6, Concession 10, Northern Division, City of Brampton, Regional Municipality of Peel, and more particularly described as Parts 1, 2, 15, 16 and 20 on Reference Plan 43R-24888.