CITY OF REVELSTOKE
BYLAW No. 1692
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Being a Bylaw to Close to Traffic and Remove the Dedication as Highway of the Portion of Government Street Adjoining Lot 1, Block 47, Plan 9504
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WHEREAS, pursuant to Section 40 of the Community Charter, the Municipal Council may, by bylaw, close a portion of highway to traffic and remove the dedication of the highway, if prior to adopting the bylaw, Council publishes notices of its intention in a newspaper and post notice in public notice posting place and provides an opportunity for persons who consider they are affected by the bylaw to make representations to Council;
AND WHEREAS the Municipal Council deems it expedient to close to traffic, remove the dedication of highway and dispose of that portion of Government Street comprising 676.7 square metres dedicated at the Kamloops Land Title Office by Plan 9504, which is shown outlined in bold black on the Reference Plan prepared by William E. Maddox, B.C.L.S. on the 28th day of July, 2004, a reduced copy of which is attached hereto (the “Plan”);
AND WHEREAS the disposition of that portion of Government Street will be to Geoffrey and Gwynne Battersby for the purpose of consolidation with the adjacent property owned by Geoffrey and Gwynne Battersby at 406 Ford Street, legally described as PID 013-855-484, Lot 1, Plan 9504, Block 47, Section 34, Twp 23, Range 2, W6M, Kootenay District (the “Adjacent Parcel”);
AND WHEREAS notices of the Municipal Council’s intention to close that portion of Government Street to traffic, to remove its dedication as highway, and to dispose of it were published in a newspaper and posted in the public notice posting place;
AND WHEREAS the Municipal Council does not consider that the closure of that portion of Government Street will affect the transmission or distribution facilities or works of utility operators.
NOW THEREFORE, the Council of the City of Revelstoke, Province of British Columbia in open meeting assembled hereby enacts as follows:1. Attached to this Bylaw, as Schedule “A” and forming part of this Bylaw is a reduced copy of the reference plan of highway closure (the “Plan”).
2. The City of Revelstoke hereby authorizes the closure to traffic and removal of highway dedication of that portion of Government Street, being approximately 676.7 square metres in size (which was dedicated as highway on Plan 9504) and shown outlined in bold black on the Plan (the “Closed Road”).
3. On deposit of the Plan and all other documentation for the closure of the Closed Road in the Kamloops Land Title Office, the Closed Road is closed to public traffic, it shall cease to be public highway, and its dedication as a highway is cancelled.
4. The City of Revelstoke is hereby authorized to dispose of and convey the Closed Road in fee simple to Geoffrey and Gwynne Battersby, the registered owner of the adjacent parcel, at $54,000.
5. The Mayor and Director of Corporate Administration are hereby authorized to execute such conveyances, deeds, maps, plans, receipts and documents on behalf of the City of Revelstoke as may be necessary for the purposes aforesaid and to affix the Corporate Seal of the City of Revelstoke thereto.
6. The Bylaw may be cited for all purposes as the “City of Revelstoke Government Street Closure Bylaw No. 1692”.
7. This Bylaw shall take effect upon the date of adoption by the Municipal Council.
READ A FIRST TIME THIS 24th DAY OF JUNE, 2002
READ A SECOND TIME THIS 24th DAY OF JUNE, 2002
READ A THIRD TIME THIS 6th DAY OF DECEMBER, 2004
PUBLIC NOTICE OF INTENTION TO PROCEED ADVERTISED IN THE REVELSTOKE TIMES REVIEW ON THE 15th DAY OF DECEMBER, 2004 AND ON THE 22nd DAY OF DECEMBER, 2004.
RECONSIDERED AND ADOPTED THIS 24th DAY OF JANUARY, 2005.
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Director of Corporate Administration
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Mayor
Certified a true copy this day of , .
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