HomeMy WebLinkAboutBy-law 2630 THE CORPORATION OF THE TOWNSHIP OF PICKERING
BY-LAW NO. ~-S 5'~
A BY-lAW TO DECLARE THAT ALL THAT PART OF THE ORIGINAL
ALLOWANCE FOR ROAD BET~EEN LOTS NO. 12 AND NO. 13 IN
THE FOURTH CONCESSION OF THE TOV~NSHIP OF PICKERING LYING
SOUTH OF THE CANADIAN PACIFIC I~AILWAY RIGHT OF WAY IS
NO LONGER OF USE TO THE PUBLIC.
WHEREAS by By-law No.222 passed by the Municipal
Council of the Township of Pickering on the 13th day of
February, 1865, the said Municipal Council declared its
intention to establish a certain road (hereinafter referred
to as the "Greenwood Road") running from the Village of
Greenwood in the rear of the Fifth Concession of the Town-
ship of Picketing through Lot No. 12 in the said Fifth
Concession and through Lot NCo 12 in the Fourth Concession
and through the north half of Lot No. 12 in the Third
Concession to the allowance for road between Lots 12 and 13
in the Third Concession;
AND %VHEREA~ this Council has no knowledge of any
claim or evidence that the Greenwood Road has not been used
continuously since 1865 as a travelled road open to the public;
AND ~HEREAS there is no evidence that any owner
of land in Lot 12 in the said Fourth Concession taken for
the Greenwood Road ever received compensation for the lands
so taken;
AND WHEREAS the road allowance between Lots 12
and 13 in the Fourth Concession was never opened because
of its lack of suitability as a public highway;
AND WHEREAS ~rs. Audrey Corry formerly known
as Audrey Kinsman is now the registered owner of all that
part of Lot 12 in the Fourth Concession lying south of the
Canadian Pacific Railway right of way other than a portion
of land in the middle of the said Lot 12 bordering on the
road allowance between Concessions 4 and 3 which she granted
to one Norman Elliott Kinsman by instrument registered in
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the Registry Office for the County of Ontario as #39700,
and as such is the successor in title to the persons who
owned land in Lot 12 in the Fourth Concession south of the
site of the C~nadian Pacific Railway right of way at the
time when the Greenwood Road was opened through their
property;
AND WHERE~S the said Mrs. Audrey Corry has been
in continuous possession o£ all that part of the road allowance
between Lots 12 and 13 in the Fourth Concession south o£ the
said Canadian Pacific Railway right o£ way and it appears that
the said part of the road allowance has been £enced in for over
forty years;
~NC ~H~EAS the said ~rs. Audrey Corry is thereby
entitled under the provisions of Subsection 1 o£ Section 4?9
of the M~nicipal Act~ R.S.O. 1960, C. 2~9 to a conveyance o£
the said road allowance on the grounds that she is the ~erson
in possession of the whole or any part of the original
ante for roaU in plaee of which she or any o£ her predecessors
in title has laid out and opened the Greenwood Road, withoot
receiving compensation £or the site of it and that she is
therefore entitled to the soil ~nd freehold of the road ollowance
and to a conveyance thereof;
A~D ~HE~EAS under the provisions of Subsection
of the said Section 479~ subsection 1 shall not apply until
the Council by by-law declares that the original road allowance
is, in its opinion, useless to the public;
AND WHELEAS the M~nicipal Council of the Corporation
o£ the Township o£ Picketing has received a report £rom the
Township Load Superintendent stating that the original allo~-
ante for road between Lots 12 and 13 in the Fourth Concession
is useless to the public because of the difficult nature of the
terrain through ~hich it passes;
THEREFORE THE ~]NICIP~L COUNCIL OF THE CORPORATION
OF THE TOiVNSHIP OF PIC~ERING ENACTS AS FOLLOV~S:
1o That that part of the original allowance for road
between Lots 12 and 13 in the Fourth Concession of the said
Township of Picketing lying north of the original allowance
for road between Concessions 3 and 4 and south of the Canadian
Pacific Railway right of way is hereby declared to be, in
the opinion of the said Municipal Council~ no longer of use
to the public.
2. That pursuant to the provisions of Section 479
of the Municipal Act, R.S.O. 1960 C. 249~ the Reeve and
the Clerk are hereby authorized and instructed to execute
under the Corporate Seal of the Township of Pickering ~
proper conveyance in fee simple in favour of Audrey Corry
of the Township of Pickering in the County of Ontario to
that part of the original road sllowance between Lots 12
and 13 in the Fourth Concession bounde~ oo the south by
the original road allowance between Concessions 4 and 3
and on the north by the Canadian Pacific Railway right of
way, but only upon the execution and delivery by Audrey
Corry of a conveyance in fee simple in favour of the
Corporation of the Township of Pickering~ suitable for
.registration, confirming the title of the Township of
Picketing in the Greenwood Road.
By-law read a First and Second time this ~day of ~ , 1961.
By-law read a Third time and PASSED this ~,~day of t~...~-- ~ 1961.
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