18-26 Lewis St. Road Allowance Malahide TownshipCOUNTY OF ELGIN
By -Law No. 18-26
"BEING A BY-LAW TO REMOVE AND PROHIBIT THE RIGHT OF PASSAGE OVER A
PORTION OF THE LEWIS STREET ROAD ALLOWANCE (SOUTH OF THE
TRAVELLED PORTION OF RUSH CREEK LINE) IN THE TOWNSHIP OF MALAHIDE IN
THE COUNTY OF ELGIN
WHEREAS, by section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
a municipality may pass by-laws removing or restricting both the right of passage by the
public over a highway and the right of access to such highway by owner of land abutting
such highway;
AND WHEREAS by By -Law No. 18-22 and with the assent of The Corporation of the
Township of Malahide, the Corporation of the County of Elgin added a portion of the Lewis
Street road allowance as located within the Township of Malahide and County of Elgin to its
highway system;
AND WHEREAS the Corporation of the County of Elgin proposes to utilize that
certain portion of the said Lewis Street road allowance for construction of a temporary boat
launch, subsequently to be leased to and used by the operators of North Erie Marina, as a
mitigation measure against the negative impacts and consequences of construction and
installation of a temporary bridge across Catfish Creek upon the operations of the said
North Erie Marina, such temporary boat launch to be dismantled and removed following
cessation of use and removal of such temporary bridge;
AND WHEREAS it is necessary to temporarily remove and suspend both the right
of passage by the public over such portion of the Lewis Street road allowance and the right
of access to such road allowance by an owner of land abutting thereto to facilitate such
construction of the temporary boat launch and lease to and use thereof by the operators of
North Erie Marina.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows. -
1 .
ollows:
1. THAT any and all right of passage by the public over that certain portion of the
Lewis Street road allowance south of the travelled portion of Rush Creek Line and north of
the waters of Catfish Creek in the Township of Malahide and County of Elgin be and same
is hereby temporarily removed and suspended.
2. THAT any and all right of access as held or enjoyed by any owner of any abutting
lands to that certain portion of the Lewis Street road allowance south of the travelled portion
of Rush Creek Line and north of the waters of Catfish Creek in the Township of Malahide
and County of Elgin be and same is hereby temporarily removed and suspended.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24T" DAY OF
JULY 2018.
a{A.tki
Julie G nyou,
Chief Administrative Officer
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