HomeMy WebLinkAboutBy-law 3765/91THE CORPORATION OF THE TOWN~
BY-LAW NO. 3765/91
Being a by-law to stop-up and close as public highway
part of the Pinegrove Avenue road allowance and to
authorize the sale thereof to the abutting owner (Part Lot
1, Plan 282, Pickering; Part 6, Plan 40R-13449).
WHEREAS The Corporation of the Town of Picketing is the owner of a public highway known as
Pinegrove Avenue, part of which comprises that part of Lot 1, Plan 282, Pickering, designated as Part 6,
Plan 40R-13449;
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, sections 193(1 ),
298(1)(c), 298(1)(d), 316 and 317, the Council of any municipality may pass by-laws to stop-up a
highway or part thereof and to authorize the transfer thereof to the abutting owner at a nominal price,
where that owner is providing an alternate highway at no cost to the municipality; and
WHEREAS the owner abutting that portion of Pinegrove Avenue comprised of that part of Lot 1, Plan
282, Picketing, designated as Part 6, Plan 40R-13449, is Falrport Developments Inc., which company
has entered into an agreement with the Town pursuant to the provisions of section 50(6) of the Planning
Act 1983, S.O. 1983, chapter 1, for the development of Draft Plan 18T~88035, which agreement requires
that company to construct, at no cost to the Town, an alternate highway to that portion of Pinegrove
Avenue;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
That part of Pinegrove Avenue being that part of Lot 1, Plan 282, Pickering, designated as Part
6, Plan 40R-13449, is hereby stopped up and closed to vehicular and pedestrian traffic.
The lands described in section 1 shall be offered for sale to the abutting owner for the sale price
of $2.00.
3. The offer referred to in section 2 shall he made by the Town on or b*fore August 8, 1991.
The period within which the abutting owner may exercise his right to purchase the lands
described in section 1 shall commence at 9:00 a.m, on August 8, 1991, and end at 4:00 p.m. on
August 22, 1991.
The Mayor and Clerk are hereby authorized to execute all necessary documents to effect the
road closing referred to in section 1, the offer to sell referred to in section 2, and any
consequent transfer of the lands described in section 1 to the abutting owner.
BY-LAW read a first and second time this 24th day of Jtme 1991;
BY-LAW read a third time and finally passed this/Tqfi day of August, 1991.
Wayne Af~hurs, Mayor
AS TO
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broads - Closing (File 523B(32))
The Town of Picketing |- pinegrove Road (part)
LEGAL SER¥ICE$ DEPARTMENT /Fairport Develot~rents Inc. Acquisition
THE CORPORATION OF THE TOWN OF PICKERRqG
IN THE MATTER OF section 3 of the Environmental
Assessment Act, R.S.O. 1990, chapter E.18; and
IN THE MA'I'I'~R OF the stopping up and closing, and
thereby retiring, as public highway, of that part of
Pinegrove Avenue being that part of Lot 1, Plan 282,
Picketing, designated as Part 6, Plan 40R-13449 (By-law
3765/91).
I, Bmee Taylor, of the Town of Picketing, in the Regional Municipality of Durham, make oath and say
as follows:
I am the Clerk of The Corporation of the Town of Picketing and as such have knowledge of the
facts and matters herein set forth.
Surisdiction over it not having been expressly conferred upon another council, the Council of
The Corporation of the Town of Pickering has at all material times had jurisdiction over the
highway known as Pinegrove Avenue, and sometimes as Pine Grove Avenue, in the Town of
Picketing, and consequently the soil and freehold thereof has at all material times been vested
in The Corporation of the Town of Pickering.
In the development of Draft Plan 18T-88035, now Registered Plan 40M-1692, Pickering, it was
determined by the Town that a section of Pinegrove Avenue, namely that p. art of Lot 1, Plan
282, Picketing, designated as Part 6, Plan 40R-13449, was no longer reqmred for municipal
purposes and should be stopped up and closed, and thereby retired, as public highway, and
offered for sale to the abutting owner.
Consequently, on August 8, 1991, at a properly convened public meeting, no one appearing,
applying to be heard and claiming that his or her land would be prejudicially affected by the
by-law, the Council of The Corporation of the Town of Picketing gave third reading to and
passed By4aw 3765/91, without amendment.
On May 29, 1992, I caused to be delivered to Canadian National Railway, FaL, port
Developments Inc., the Metropolitan and Region Conservation Authority, the Ministry of the
Environment, the Ministry of Natural Resources and the Regional Municipality of Durham, and
on May 31, 1992, I caused to be published in The AjaxJPickering News Advertiser a notice
respecting the retirement of the portion of Pinegrove Avenue stopped up and closed by By-law
3765/91, pursuant to which any person/party could have requested within thirty days that the
Minister of the Environment require an individual environmental assessment for the road
retirement project. A copy of that notice, as it appo~red in that publication, is attached hereto
as Schedule A to this Affidavit.
On Suly 6, 1992, I caused enquiries to be made of the Town's Director of Public Works and of
the Municipal Unit of the Ministry of the Environment and was advised by each of them that no
person/party had requested that the Minister of the Environment require an individual
environmental assessment for the road retirement project.
SWORN BEFORE ME at the
Town of Picketing in the
Regional Municipality of Durham
this 29th day of July, 1992.
A Commissioner, etc.
Schedule A to the Affidavit of Bruce Taylor sworn
before me at the Town of Picketing in the Regional
Municipality of Durham this 29th day of July, 1992.
A Commissioner, etc.
THE CORPORATION OF THE TOWN OF PICKERING
£nvirormuntal A~ses~ment Act, R.S.O. 1990, c.
Class E~vironmeotal Assassment for Mou/cJpal Road~ - Schedule B
No'.ic¢ R~pecri~
Retirement of southerly east-was~ psst of Pinegrove Avenue
(Pan Lot 1, Plan 282, Picketing; Pa~ 6, Plan 13449)
Subject to any comn~nts received as a result of this notice, and the receipt of any necessary ~rovals,
tl~ Town intends to complete the retirement of the southerly east-wes~ pan of Pinegrove Avenue
outlined below:
This section of road is no longer required ss past of the municipal road system as a result of the
consmsctiou and opening of the easterly extension of Hogsulh Street as Fan of the developmem of Plan
40M-1692, Picketing. Further, the relocation of the intersection at Woodview Avenue to s point further
noah of the CNR fight-of-way creates a safeT en'~ironmem for g~ade owning tsar% movements. There
is no cost to the Town of the retirement of this sectintt of road, which is expected to be completed by
late summer 1992.
Further information is available at the following loc&itoh:
Department of Public Work~
The Corporation of the Town of Picketing
Pickefin~ Civic Complex
One The Esplmede
Picketing, Ontario
Monday to Friday, 8:30 am to 4:30 pm
Interested persons mayprovide written comment to the Town ;respecting the proposal within 30
calendar days from the date of this Notice. Commems should be directed to the Duector of Public
Worlds at the above add.ss.
If concerns regarding this project cannot be resol.v, ed in discussions with the Town, any person/puny
may request that the Minister of the Environment bump-up" the project to an individual environmental
assessment. "Bump-up" requests must he received by the Mimster at the address below within 30
calendar days of the date of this Notice.
Minister of the Environment
lSth Floor, 13:5 St. Clair Avenue,
Tofouto, Ontario
M4V 1.1>5
If there b no "bump-up" request received by June 30, 1992, the Town will complete the retirement of
the southerly east-west pan of Pinegrove Avenue ~s proposed.
This Notice issued at Pickezlng, May 31, 1992.
Stephen A. Vokes, P. Eng.
D~reelor of Public Works
The Corporation of the Town of Picketing