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467 COUNTY OF ELGIN 467 By-Law No OF THE TOWNSHIP OF ALDBOROUGH 1890 2 TO CONFIRM BY -LAW NO Passed 31st January WHEREAS under authority of Section 567 of the Municipal Act, the Council of every Township may pass By- Laws for stopping up, leasing or sale of any original allow- ance for road within the Municipality, but no such By-Law shall have any force until confirmed by a By-Law of the Council of the County in which the Township is situate at an ordin- ary session of the County Council held not sooner than three months nor later than one year next after the passing there- of. AND WHEREAS By-Law No. 525 of the Township of Aldborough to close and stop up the present travelled road allowance through lot fourteen in the broken front concession of the Township of Aldborough, extending from the road al- lowance between the first and broken front concessions in the said Township to the River Thames and to purchase open and establish a road in lieu and to the east thereof accord- ing to the plan and survey hereunto annexed, was passed on 14th day of October 1889. it is desirable that said By-Law should WHEREAS AND be confirmed. The Municipal Council of the Corporation of the County of Elgin therefore enacts That By-Law Number 525 of the Township of Aldborough hereby confirmed. and is be Council Chambers St. Thomas 31st January 1890 J. J. Stalker Warden K. W. McKay County Clerk and finally County Clerk and third time McKay, w. Received and read a first, second passed 31st January 1890. Certified K 'd) 525 of Aldborough. (Cont See copy of By-Law No NOTE By-Law No 467 Page 2 TOWNSHIP OF ALDBOROUGH By-Law No. 525 "BEING A BY-LAW TO CLOSE AND STOP UP THE PRESENT TRAVELLED ROAD ALLOWANCE THROUGH LOT 14 IN THE BROKEN FRONT CONCESSION OF THE TOWNSHIP OF ALDBOROUGH EXTENDING FROM THE ROAD ALLOW- ANCE BETWEEN THE FIRST AND BROKEN FRONT CONCESSIONS IN THE SAID TOWNSHIP TO THE RIVER THAMES AND TO PURCHASE, OPEN AND ESTABLISH A ROAD IN LIEU AND TO THE EAST THEREOF ACCORD- ING TO THE PLAN AND SURVEY HEREUNTO ANNEXED". WHEREAS repeated complaints have been made to the Municipal Council of the Corporation of the Township of Aldborough regarding the unsafe and inconvenient situation of the road through lot number 14 in the Broken Front Conces- sion of the said Township of Aldborough extending from the road allowance between the First and Broken Front Concessions in the said Township to the River Thames and the said Council has been requested by the parties interested to pass a By- Law to close and stop up the same and to purchase, open and establish a road or public highway in lieu and to the east thereof across the said Broken Front Concession of the said Township. AND WHEREAS the said Council authorized and instructed Messieurs Bell and Campbell, Provincial Land Surveyors to make a survey and plan of the road allowance across the said Broken Front Concessions in the said Township proposed to be purchased, opened and established in lieu and to the east of the road allowance through lot number 14 in the said Broken Front Concession so to be stopped up as aforesaid pur- suant to the said request, which plan and survey are hereun- to annexed. AND WHEREAS the Clerk of the said Township of Aldborough at the request of John McGregor, owner of the east half of lot number fourteen in the First Concession of the said Township of Aldborough and other parties interested did cause written notices of the intended passing of this By- Law to be posted up in six conspicuous places in the immediate locality to be affected by the same for one month previously to the date of the passing of this By-Law and did also cause to be published, a notice of the intended passing of this By- Law weekly for four successive weeks in that certain news- (Cont'd) Page 3 467 By-Law No paper printed and published in the Village of Rodney in the said Township of Aldborough, called and known as "The West Elgin Mercury," pursuant to the provisions and requirements of Section 5~6 and following subsectionvof Chapter 184 of the Revised Statutes of Ontario 1887 AND WHEREAS at a session of the Council of the said Township of Aldborough, held in conformity with the aforesaid published notices, all the parties who appeared in response to the said public notices were desirous of having the said road allowance through lot number 14 in the Broken Front Concession of the said Township extending from the road allow- ance between the First and Broken Front Concessions in the said Township to the River Thames closed, and of having a road allowance composed of the lands and premises hereinafter described and shewn on the aforesaid plan and survey to the east of the road allowance, so to be closed as aforesaid pur- chased, àpened, and established as a public highway in the said Township in lieu of the road allowance, so to be closed as aforesaid and no one objected thereto or made any claim or demand for damages or injury to be caused or sustained thereby. THEREFORE the Municipal Council of the Corporation of the Township of Aldborough pursuant to the provisions of Sections 546, 550 and 567 of Chapter 184 of the Revised Stat- utes of Ontario 188?, and the following subsections of the said sections respectively enacts as follows: (1) That the present travelled road allowance through lot number fourteen (14) in the Broken Front Conces- sions in the said Township of Aldborough to the River Thames which said first mentioned road allowance may be more particularly described as follows: That is to say: 14) ( Being composed of part of lot number fourteen in the Broken Front Concession of the said Township of Aldborough described as follows: COMMENCING àt a point in the southerly limit of said lot, four chains and sixty-five links westerly from the easterly limit of said lot: Thence northerly following the easterly limit of the present travelled road through said lot to the River Thames and having a width on the westerly side thereof as laid down in the original survey of the said road, be and the same is hereby closed, stopped up and shall no longer be used as a public highway in the said Township. (Cont'd) Page 4 467 By-Law No (2) That the road allowance so closed as afore- said shall be sold and conveyed to Walter Lewis Henderson, owner of the lands adjoining the same to the east and west and the Reeve and Clerk of the Municipality of the said Town- ship of Aldborough are hereby authorized, empowered and in- structed on behalf of the said Municipality to cause to be prepared, sign, and affix the Corporate Seal of the said Municipality of the Township of Aldborough to such Deed or Deeds as may be necessary for the purpose aforesaid or to vest the title to such road allowance in the purchaser there- of. (3) That the said Council do purchase from the present owners thereof, and when so purchased do open, assume and establish as a public highway in the said Township in lieu of the road allowance so closed as aforesaid the fol- lowing lands and premises that is to say: FIRST: Part of lot number fifteen (15) in the Broken Front Concession of the said Township of Aldborough containing by admeasurement four-tenths of an acre more or less, better described as follows: COMMENCING at the south west angled of lot number fifteen (15) in the said Broken Front Concession; thence easterly along the southerly limit of said lot fifty, eight feet; thence north forty-seven degrees west, magnetically, six hundted feet to the westerly limit of said lot number fifteen (15): thence southerly along the said westerly limit of lot number fifteen (15) to the point of commencement. SECOND: Part of lot number fourteen (14) in the Broken Front Concession of the said Township of Aldborough contain- ing by admeasurement ninety-four hundredths of an acre more or less better described as follows: COMMENCING at the southeast angle of said lot number fourteen (14): thence westerly along the southerly limit of said lot, eight feet: thence northerly forty-seven degrees west, (magnetically) eight hundred and eighty-five feet to the River Thames: thence north forty-three degrees east, magnetically, two hundred and eighty-five feet to the easterly limit of said lot number fourteen (14); thence southerly along the said easterly limit of said lot number fourteen (14) to the point of commencement, and the road to be com- posed of the said lands and premises and so to be purchased opened. assumed and established as a public highway in the said Township by the said Council as aforesaid may be described as follows: that is to say: (Cont'd) By-Law No 467 P~eS Being composed of part of lots numbered fourteen (14) and fifteen (15) in the Broken Front Concession of the said Township of Aldborough, better described as follows: Commencing at a point in the southerly limit of the Broken Front Concession of the said Township of Aldborough twenty-five feet easterly from the limit between lots number- ed fourteen (14) and fifteen (15) in the said Broken Front Concession: thence north forty-seven degrees west, m~net- ically, eight hundred and eighty-five feet to a point on the River Thames fifty-seven feet west from the said limit be- tween lots numbers fourteen (14) and fifteen (15) and having a width of thirty-three feet on each side of said surveyed line which is in the centre of the said road. (4) That this By-Law shall come into and be in force on and after the day it is passed, subject however, to the confirmation thereof, by a By-Law of the County Council of the County of Elgin, in so far as the same relates to the stopping up and sale of the present travelled road allowance across lot number fourteen in the Broken Front Concession of the said Township of Aldborough. hereinbefore mentioned and described. Dated and passed this 14th day of October A.D. 1889 at a session of Council held in the Township Hall, Rodney. Signed Signed J. F. Jell J. J. Stalker Municipal Clerk. Reeve L. S. St. Thomas October 5th 1889 To the Reeve and member of the Municipal Council of the Township of Aldborough. Gentlemen: In accordance with instructions received from you we have made a survey for a road through a part of lots no. 14 & 15 in the Broken Front Concession of your Township from the road between said Broken Front and the First Concession to the River Thames and have prepared and herewith send you a plan showing the road and a description of the same. We also send you descriptions of the parts of lots no. 14 & 15 in said Broken Front taken by said road and a description of the road proposed to be closed. Your obedient servants Bell & Campbell p L. S (Cont'd) By-Law No. 467 Page 6 I, Horace FouÆconer Jell, Municipal Clerk of the Township of Aldborough do hereby certify that the within paper writing is a true and correct copy of By-Law No. 525 of the Council of the Municipal Corporation of the Township of Aldborough passed (in duplicate) at a meeting of said Council, held in the Township Hall Rodney on the 14th day of October 1889. Dated at Rodney this 14th day of November 1889. J. J. Jell Municipal Clerk Aldborough N'OTE Attached to By-Law 467 is a certified correct copy of a map of Broken Front Concession Lot 14