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HomeMy WebLinkAbout1768A By-law to define more precisely those portions of the allowance for roads as stopped up by By-law 1742. Wherea8 By-Law No. 1712 for the Township of Clarke, oloaed part of the allowance for road between Concesaiona 2 and. 3, Lot 3~, Township of Clarke, and Whereas the tent of as affidavit sworn by 1~. 8. Lovekin, B.A.,L.L.B., Barrister & Solicitor, accarately describes the circamstaaces eurrcunciing the passing of the said 89--Law , and Whereas for the purpose of registering By-Law ~To. 17l~2, it may be necessary to append to the text of Hy-haw Bo. 1712, the more preoiae description of the stopped up portions of said allowance for road, sa on plan lhimber 108 183, l~OW ' the Municipal Council of the Corporation of thef Township of Clarke SN~CT3 as follow~- 1. That By-Law No. 17lE2 be amended in so far ae the text of that by-lax shall incorporate, together with the general dea~iption of the stopped up allowance for roads, the more definitive description of the stopped up portions of the allowance for road as represented by Plan Ao.108 183, registered in tie 8egiatry Office for the 8egiatry Division of Darham bleat, and 2. That for the purpose of registering Hy-Law No. 171x2, the description as on Plan 108 183 be appended to 'said Sy-Law as SC~III~ "B", and 3. That for the parpoae of clarifying the surrounding ciranmstaaces, the affidavit of E. 8. Lovekiu, B.A.,L.L.B., swots on the 31st day of December, 1973, be appended to this By-Law as SC~'DDIS~ "C". Bead a first and second time this 3iat day of December, 1973• Clerk Bead a third time and passed this 31st day of December, 1973• SC~DULE "C" To By-Law No. i']68 4 ' -^ 1 ` AFr^IDAVIT PROVINCE OF ONTARIO ~ IN THE MATTER of ds~sing the road allowance COUNTY OF DURHAM ) between concessions two and three, in Lot 35, TO %VIT• ) of Clarke Township ) I, ERIC RICHARD LOVEKIN, of the Village of Newcastle, in the County of Durham, Barrister and Solicitor, make oath and say: 1. That I acted as solicitor on behalf of Clarke Township with regard to the closing of part of the road allowance between concessions two and three, lot 35, of Clarke Township, which lands are described as PART ONE, TWO, THREE, FOUR, FIVE and SIX on Plan #1OR183 registered on July 17th, 1973 for the Registry Division of Durham West (10) and that I h~.ve personal knowledge of the facts set out below. 2. That at the time the Council for the Corporation of the Township of Clarke decided to close said road allowance, they were also seeking a Government Grant for the construction of a diversion road to replace the above described roads being stopped up. 3. That therefore due to the pressure put on Council with regard to obtaining a Grant for the diversion road and the lack of time available for obtaining it, and due to the lack of a complete plan or the portions of the road allowance being stopped up, Council passed By-Law 1742 closing the above described roads on the basis of a general description in anticipation of receipt and registra- tion of a full executed Plan of Survey to compliment the description; in the By-Law. 4. That Council fAr the United Counties of Northumberland and Durham approved the procedure and conf~~.rmed By-Law 1742 by passing By-Law 2325. 5. That subsequently Plan lOR,l$3 represents the roads actually closed by By-Law 1742 and confirming By-Law 2325 was registered on July 17th, 1973 and was intended to compliment and further define the somewhat general description as contained in Schedule "A" of By-Law 1742. 6. That Plan #lORl83 represents accurately all those portions of the road allowance which the Township of Clarke intended to close between concessions two and three, lot 35, of Clarke Township. 7. That subsequent to the registration of this Plan and subject to the requirements of the Municipal Act, the portions of the road allowance so closed were properly offered for sale to and transferred to the abutting owners and in deeds #61317, 61316, 61315 and 61314 and 61313. All of these transfers were completed properly with the proper Notice having been given and so forth. SG~JORN BEFORE me at the ) Village of Newcastle, in ) the County of Durham, this ) 31st day of ~c~r, 1973. ) ;.~ ~ A ommi Toner etc. c=== • ~ ~Lnfg~yERT~ sorthu0e11 TM~ ~- :rd~ LovekNl. ..,,~ purham. 1:,..^•,.-, Z~th~ 19'T~. f. EJCp~~r ...... . . .... Eric Richard Lovekin +.~ .~~ 4 Z ~ tz1 C~i y ct~ t5' ~ W~oN• !n (D (a f) c ~ ' ~ ~ ~ ~• m n~ ~o ~ ~ ~ n i4 o o ~ ~ fi~ fi ct O to ~' f^S N• V1 W N• C) ~ O -"S O N• ~ O • ~i- O to W o ~n a n rr V ^, 1 • ~ Y~ Y ~ O u n, u n W I- ~ ~. w m d ~O H d C H H • tr . ~ ~, .. . d . r~ • n • m . ~ . ~ • fD f'S • W . N cn . ~ ... • I W W ~c ~, ~ W ~~~ ~~ o ~ ~ ~~© ~~ ~~: Z ~ ~' . ~~ ~ ~,. `' ~ ~ ~ '~ N ~ ~.~ •~ ~ ~• ~ O i ~ ry ~~+ rt ~~ O ~ ~! ~ ~~ ~ N rt ~w ~ n Q~ att t 1 • . ~? • • 'b ~D ~ i • K ~ y • ~ • W ~ rr H O ~ • ~ • w y ',I,'i M V ~1 OD • • • ~ CrJ ~ ~ • 1 O .i W