08-32COUNTY OF ELGIN
By-Law No. 08-32
'BEING A BY-LAW TO EXPROPRIATE LANDS REQUIRED
FOR MUNICIPAL PURPOSES'
WHEREAS:
The Expropriations Act, R.S.O. 1990, c. E.26, as amended, authorizes the
Municipality to expropriate lands for municipal purposes;
2. The Council for the Corporation of the County of Elgin has authorized an Application
for approval to expropriate certain lands; and
3. The Application has not been referred to a hearing by any of the owners affected;
NOW THEREFORE the Council for the Corporation of the County of Elgin hereby enacts
as follows:
THAT approval is hereby granted for the expropriation by the Corporation of the
County of Elgin of the lands described within Schedule "A" attached to this By-Law,
for municipal purposes in connection with subsurface culvert improvements and
related associated road works.
2. THAT the Warden and the Chief Administrative Officer for the Corporation of the
County of Elgin are hereby authorized to execute the Certificate of Approval and the
Expropriation Certificate set out on the draft Expropriation Plan attached as
Schedule "B" to this By-Law.
3. THAT the Chief Administrative Officer is hereby authorized to cause the
Expropriation Plan to be registered in the Land Registry Office for the Land Titles
Division of Elgin (No. 11) at St. Thomas, Ontario, and thereby effect the
expropriation of the said lands.
4. THAT the Corporation of the County of Elgin is hereby authorized to enter and take
possession of the expropriated lands on the day permitted under the Expropriations
Act, as amended, or pursuant to any Court Order thereunder, or pursuant to any
agreement entered into between one or more of the relevant owners of the said
lands and the said Corporation of the County of Elgin.
5. THAT the Chief Administrative Officer for the Corporation of the County of Elgin is
hereby authorized to deliver Notices of Possession, Notices of Expropriation,
Notices of Election and Offers and Appraisal Reports in accordance with s. 25 of the
Expropriations Act, as amended, if any such documents are required, and to
otherwise do all other things and give all other notices required by the
Expropriations Act, as amended.
6. THAT the provisions of this By-Law shall come into force and effect upon the final
passage thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF
NOVEMBER 2008.
SCHEDULE"A"
By-Law No. 08-32
a) Expropriation of full fee simple interest, including all right, title, and interest, in
the following lands:
i) FIRSTLY: Part of Lots 2 and 3 on the East Side of King Street and on
the North Side of Main Street, according to Registered Plan 48 in the
Municipality of Central Elgin (Geographic Township of Yarmouth) in
the County of Elgin, designated as Part 1 according to Reference Plan
11 R-8989 (Elgin);
ii) SECONDLY: Part of Lot 3, East of King Street and North of Main
Street, according to Registered Plan 48 in the Municipality of Central
Elgin (Geographic Township of Yarmouth) in the County of Elgin,
designated as Part 2 according to Reference Plan 11 R-8989 (Elgin);
iii) THIRDLY: Parts of Lots 1, 2, and 3, North of Main Street, according
to Registered Plan 48 in the Municipality of Central Elgin (Geographic
Township of Yarmouth) in the County of Elgin, designated as Part 3
according to Reference Plan 11 R-8989 (Elgin);
iv) FOURTHLY: Parts of Lots 1 and 2, North of Main Street, according to
Registered Plan 48 in the Municipality of Central Elgin (Geographic
Township of Yarmouth) in the County of Elgin, designated as Part 4
according to Reference Plan 11R-8989 (Elgin);
v) FIFTHLY: Part of Lot 6, West of King Street and North of Main Street,
according to Registered Plan 48 in the Municipality of Central Elgin
(Geographic Township of Yarmouth) in the County of Elgin,
designated as Part 5 according to Reference Plan 11 R-8989 (Elgin).
(which lands are separately designated as Parts 1, 2, 3, 4, and 5 on the draft
Expropriation Plan attached as Schedule "B" hereto).
b) Expropriation of easement interest only for purposes of access and
maintenance in the following lands:
FIRSTLY: Part of Lot 6, West of King Street and North of Main Street,
according to Registered Plan 48 in the Municipality of Central Elgin
(Geographic Township of Yarmouth) in the County of Elgin,
designated as Part 6 according to Reference Plan 11 R-8989 (Elgin).
(which lands are designated as Part 6 on the draft Expropriation Plan
attached as Schedule "B" hereto).
SCHEDULE"B"
By-Law No. 08-32
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