682
COUNTY OF ELGIN
By-Law No. 682
"TO CONFIRM BY-LAW NO. 709 OF THE TOWNSHIP OF YARMOUTH
Passed 9th June 1905.
WHEREAS the Corporation of the Township of Yarmouth
on the 3rd day of October 1904 passed a By-Law to authorize
the diverting and the closing up and selling of part of the
Edgeware Road lying south of lots three and four in the first
range north of the Edgeware Road in the Township of Yarmouth,
and also to authorize the opening, making, entering upon,
breaking up, taking and using parts of said lots three and
four for a public road, as a deviation of the said Edgeware
Road, said By-Law was registered in the Registry Office of
the County of Elgin on the first day of April 1905 as number
20004 for Yarmouth.
AND WHEREAS the said Corporation of the Township
of Yarmouth has requested the Corporation of the County of
Elgin to confirm the said By-Law as required by sub-section
2 (b) of section 660 of The Municipal Act.
AND WHEREAS it is deemed expedient to confirm the
said By-Law number 709 of the said Corporation of the Town-
ship of Yarmouth.
THEREFORE the Corporation of the County of Elgin,
by its Council, enacts as follows:
1- That the said hereinbefore in part recited By-
Law number 709 of the said Corporation of the Township of
Yarmouth, which was duly registered on the first day of
April 1905 as number 20004 for Yarmouth, be and the same is
hereby confirmed.
Council Chamber
st. Thomas
9th June 1905
K. W. McKay Angus Turner
County Clerk Warden
Passed June 9th 1905
Certified K. W. McKay, County Clerk.
NOTE Attached to By-Law No 682 is a copy of By-Law
No. 709 (Yarmouth)
(Cont'd)
By-Law No 682 Page 2
TOWNSHIP OF YARMOUTH
By-Law No. 709
"TO AUTHORIZE THE DIVERTING AND THE CLOSING UP AND SELLING
OF PART OF THE EDGEWARE ROAD LYING SOUTH OF LOTS THREE AND
FOUR IN THE FIRST RANGE NORTH OF EDGEWARE ROAD IN THE TOWN-
SHIP OF YARMOUTH, AND ALSO TO AUTHORIZE THE OPENING, MAKING
ENTERING UPON. BREAKING UP, TAKING AND USING PARTS OF SAID
LOTS THREE AND FOUR FOR A PUBLIC ROAD AS A DEVIATION OF
THE SAID EDGEWARE ROAD."
WH~REAS that part of the Edgeware Road in the said
Township of Yarmouth lying south of lots three and four in
the first range north of the Edgeware Road in the said
township and to the east thereof has not been opened up,
travelled upon or improved as a public highway.
AND WHEREAS it is now desirable that such part of
the said Edgeware Road should be opened up and improved for
the use of the travelling public.
AND WHEREAS by reason of natural obsticles, it is
not practicable to open up and improve (except at great ex-
pense) that part of the said Edgeware Road lying south of
said lots three and four hereinafter particularly described,
and it is desirable that such portion of said Edgeware Roád
should be closed.
AND WHEREAS it has been deemed advisable to open,
make, enter,upon, break up, take and use those parts of said
lots three and four hereinafter particularly described for
a public road and deviation of said Edgeware Road.
AND WHEREAS Laura Billings, the owner of lands
adjoining that part of said Edgeware Road so proposed to
be closed, has offered to purchase that part of the said
portion of said Edgeware Road so proposed to be closed,
hereinafter particularly described, at and for the price or
sum of $39.20, and it is desirable to accept the said offer.
(cont'd)
Page 3
682
By-Law No
AND WHEREAS notice of the intention of the Munic-
ipal Council to pass this By-Law has been given by adver-
tisement in the St. Thomas Daily Journal, a newspaper pub-
lished in the City of St. Thomas, for four successive weeks
that is to say on the third, tenth, seventeenth and twenty-
fourth days of September A.D. 1904 respectively, and by
posting up on the 27th day of August A.D. 1904 typeWritten
notices of the intention of the Council to pass this By-Law
in six of the most public places in the neighborhood of
that portion of said Edgeware Road so proposed to be closed.
AND WHEREAS no person whose lands might be prejudi-
ciålly affected by the closing of the said portion of said
Edgeware Road or by the Qpening, making, entering upon,
breaking up, taking and using the lands hereinafter described
for a public road as a deviation of the said Edgeware Road,
has petitioned the Council to be hear and no objection has
been raised by any person to the closing up of the said
portion of said Edgeware Road or to the opening, making,
entering upon, breaking up, taking and using the portions
of said lots three and four hereinafter described for a
public road as a deviation of the said Edgeware Road, nor-;;1¡o
the passing of this By-Law.
THEREFORE the Corporation of the Township of Yarmouth
by the Council thereof enacts as follows:
1. That all that portion of the Edgeware Road in
the Township of Yarmouth which may be particularly described
as follows, that is to say.
ALL AND SINGULAR.:thatcertain parcel or tract of
land and premises situate lying and being in the Township
of Yarmouth in the County of Elgin, and being composed of
that part of the original road allowance known as the Edge-
ware Road particularly described as follows.
Commencing at the southeast angle of lot number
three in the first ragge north of the said Edgeware Road,
thence west along the north limit of said road four chains
and ninetyLlinks, thence south one chain to the southerly
limit of said road, thence east along the southerly limit
of said road twelve chains and seventeen links, thence
north one chain to the northerly limit of said road, thence
west along the northerly limit of said road seven chains
twenty-seven links to the place of beginning, be and the
same is hereby closed and stopped up.
2. The Reeve and Clerk are hereby authorized and
e~powered to execute under the Seal of the Corporation, and
deliver to Laura Billings of the City of st. Thomas, Spinster,
one of the owners of lands adjointng the lands described in
Section 1 of this By-Law, a Deed of Conveyance of the fOllowing
lands at or for the price or sum of $J9,20 namely
(cont'd)
4
Page
682
By-Law No
ALL AND SINGULAR that certain parcel or tract of
land and premises situate lying and being in the Township
of Yarmouth in the County of Elgin, and being composed of
that part of the original road allowance known as the Edge-
ware Road particularly described as follows:
Commencing at the southeast angle of lot number
three in the first range north of the Edgeware Road in the
said Township of Yarmouth, thence west along the north limit
of the Edgeware Road four chains and ninety links, thence
south one chain to the southerly limit of the said Edgeware
Road, thence east four chains and ninety links, thence
north one chain to the place of beginning, containing forty-
nine one-hundredths of an acre
3. That the said Corporation of the Township of
Yarmouth, its officers, servants and agents be and are here-
by authorized and empowered to open, make, enter upon, break
up, take and use the lands hereinafter described for a pub-
lic road as a deviation of the said Edgeware Road, which
said lands are particularly described as follows:
ALL AND SINGULAR that certain parcel or tract of
land and premises situate lying and being in the said Town-
ship of Yarmouth and being composed of part of lot number
four in the first range north of the Edgeware Road afore-
said, 'particularly described as follows.
Commencing at the southwest angle of said lot number
four, thence easterly along the north limit of the Edgeware
Road nine chains and seventeen links, thence north fifty-
one degrees and seven minutes west two chains and thirty-
two links, thence north seventy-seven degrees and fifty-
seven minutes west seven chains and sixty-one links to the
limit between lots three and four, thence south along said
limit between lots three and four, three chains and twenty-
five links to the place of beginning, containing by ad-
measurement one eighty-six One-hundredths acres. And being
composed secondly of part of lot number three in the first
range north of the said Edgeware Road described as follows
Commencing at a point in the north limit of the
Edgeware Road five chains and twenty-five links westerly
from the southeast angle of said lot number three, this
point being the centre of the road proposed to be purchased,
thence north seventy degrees and three minutes east two
chains and sixty-two links, thence south seventy-seven de-
grees fifty-seven minutes east oneochain' and fifty-four
links to the limit between lots three and four and having
a width on each side of this line of two rods, and contain-
ing by admeasurement seventy-two one-hundredths acres
)
(cont'd
By-Law No 682 Page 5
Read a third time and passed in Council this 3td day of
October A.D. 1904
w. C. Caughell W. F. Hepburn
Clerk Reeve