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Being a by-law authorizing the conveyance of part of the closed allowance for road between lots 26 and 27 in the Broken Front Concession to the Estate of Frederick G. Trull.
'rrHEREAS Section 489 of the Municipal Act R.S.O. 1950 Chapter
243 reads in part as follows:
TM(1) A person in possession of the whole or any Dart of an
original allowance for road. in place of which he or any of his pred-
ecessors in title has laid. out and. opened a new road or street without
receiving compensation for the site of it, shall be entitled to the soil
a.nd. freehold of such allowance or part of it, and if it tas not already
been conveyed_ to him or to his ;.red.ecessor in title, to a conveyance of it.
ti(2) Tv'here there are yore persons than one in such possession,
each shall be entitled to and to a conveyance of the soil and freehold of
that part of the allowance upon which his land abuts to the rnid.dle line
of the allowance.fl
AND ?^~aEREAS in or about the year 1869 John Casey Trull, being
then the owner of lot 26 in the Brol~en Front Concession of the Township
of Darlington, laid out and opened a. new road_ across said lot 26 in
place of the original allowance for road bete,~een lots 26 and. 27 in the
Broken Front Concession lying south of what is now Canadian ATational
Railway right-cf-way without receiving compensation for same.
AND Ga'IIEREAS such new road was thereupon assumed as a public
road. by the Township and the Township was continued to use and maintain
the said road. to this date, and the said John Casey Trull and his
successors in title have been in possession of the east half of the
saki original allowance for road. during the whole of such period of
time.
AIdD I~r3EREAS by-law number 246 of the Township passed or. the 7th
day of August, 1869 authorized the Township to sell and convey the said
original allowance for road between lots 26 and 27 in the Broken Front
Concession. which said by-law was confirme2. by by-law number 316 of the
Corporation of the United Counties of Northumberland and Durham passed on
the 28th of January 1870.
_ 2 _
APtD T~aI~EREAS no conveyance of the east half of the s.=.id closed
allowance for road was ever made by the Township to the said John Casey
Trull or his successors in title pursuant to such By-LaF? and section 189
of the P1.unicipal Act.
APB 1rJHEREAS the executors of the estate of Frederick G. Trull
are now the owners of lot 26 in the Broken Front Concession of the
Township and have recuested the Township to convey to them the east half
of the said. original allowance for road.
N04d THER~'FORE BE IT ET;ACTED AND IT IS HEREBY ENACTN•D P,S e. BY-LARt
of the Corporation of the Township of Darlington by the Council thereof
as follows:
1. THAT the Township convey to the Executors of th.e Estate of
Frederick G. Trull: ALL AND SITdGULAR that certain parcel or tract
of land and premises situate, lying and being in the To~~?nship of
Darlington in the County of Durham and being composed. of part of the
road allowance between lots 26 and 27 in the Broken Front Concession
of the said Township which. said parcel or tract of land may be more
particularly described as follows: PREMISING the westerly limit of
said. lot 26 to have a bearing of north 17 degrees 3t~ minutes west and
relating all bearings herein thereto.
CONa4ENCIPaG at a point in the centre line ir. the road allo~,rance
between said lots 26 and 27 where it is intersected by the southerly
limit of Cana.d.ian National Railway Lines :~~hicr said point is distant
south 72 degrees 26 minutes west 33 feet from a point in the westerly
limit of said lot 26 distant southerly t'r~ereon 4533.33 feet from the
north-westerly angle thereof. THENCE south 17 degrees 34 minutes
east along said centre line 1151 feet n-ore or less to the high water
mark of Lake Ontario. THENCE easterly along the said high water mark
of Lake Onts:rio 33 feet more or less to the westerly limit of said lot
26. THENCE north 17 degrees 34 minutes west along the westerly limit of
said lot 26 1151 feet more or less to the southerly limit of Canadian
National Railway Lines. THEiICE',~~,esterly along the southerly limit of the
Canadian National Rail~~?ay Lines a distance of 37 feet more or less to
the place of beginning.
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2, THAT the Reeve and Clerk be and they are hereby authorized to
er.ecute the said conveyance on behalf of the To~,~nship and to affix
the Corporate Seal thereto and deliver the same to the Executors of
the Estate of Frederick G. Trull for a nominal consideration of X1.00
BY-LP.W READ A FIRST TIFviE THIS 17TH DAY OF NOVEMBER 1960.
BY-LAW READ A SECOND TIME THIS 17TH DAY OF NOVEi•1`BER 1960.
BY-LAW READ A. THIRD TIi.E AivTi FIPiALLY PASSED THIS 17TH
DAY OF NTOVENSBER 1960
i .,
Reeve
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Clerk