CITY OF REVELSTOKE
BYLAW No. 1866
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Being a Bylaw to Close to Traffic and Dispose of a Certain Portion of a Public Highway In Exchange for Such Lands as are Necessary for the Purpose of Improving a Public Highway Commonly Known as Birch Drive
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WHEREAS, pursuant to Section 40 of the Community Charter, the Municipal Council may, by bylaw, close a portion of a 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 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 those portions of Birch Drive comprising in total 1,552.20 square metres dedicated at the Kamloops Land Title Office by Plan NEP75596, which is shown outlined in bold black on the reference plan prepared by J. C. Johnson, B.C.L.S. on the 18th day of April, 2007, a reduced copy of which is attached hereto (the “Plan”);
AND WHEREAS the disposition of that portion of Birch Drive will be to Bo Kyong Construction & Development Canada Co. Ltd. (Inc. No. BC0674360) for the purpose of consolidation with the adjacent property owned by Bo Kyong Construction & Development Canada Co. Ltd. at 1500 Birch Drive legally described as PID No. 026-443-953; Lot 1, Section 26, Township 23, Range 2, West of the 6th Meridian, Kootenay District Plan NEP79207 (the “Adjacent Parcel”);
AND WHEREAS notices of the Municipal Council’s intention to close those portions of Birch Drive to traffic, to remove its dedication as highway, and to dispose of it was 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 Birch Drive 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 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 those portions of Birch Drive, being approximately 1552.20 square metres in total size (which was dedicated as highway on Plan NEP75596), labelled “Parcel A”, Parcel B, and Parcel C 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 Bo Kyong Construction & Development Canada Co. Ltd. (Inc. No. BC0674360), the registered owner of the Adjacent Parcel, in exchange for land, comprising approximately 1809.50 square metres in total size, described as parts of Lot 1, Plan NEP79207, Section 26, Township 23, Range 2, W6M, Kootenay District, and shown as “Road” on Schedule "B" attached hereto, which lands shall be vested in the name of the City of Revelstoke and are hereby set apart and established as public highway. 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 Council shall, before adopting this bylaw, cause public notice of its intention to do so to be given by advertisement once each week for two consecutive weeks in a newspaper published or circulated in the City of Revelstoke, and has provided an opportunity for persons who consider they are affected by the closure and disposition of the Closed Road to make representations to Council. 7. This Bylaw may be cited for all purposes as the "City of Revelstoke Birch Drive Road Closure and Improvement Bylaw No. 1866". 8. This Bylaw shall take effect upon the date of its adoption by the Municipal Council.
READ A FIRST TIME THIS 30th DAY OF APRIL, 2007
READ A SECOND TIME THIS 30th DAY OF APRIL, 2007
READ A THIRD TIME THIS 30th DAY OF APRIL, 2007
PUBLIC NOTICE OF INTENTION TO PROCEED ADVERTISED IN THE REVELSTOKE TIMES REVIEW ON THE 9th DAY OF MAY, 2007 AND ON THE 16th DAY OF MAY 2007.
RECONSIDERED AND ADOPTED THIS 28th DAY OF MAY, 2007
Director of Corporate Administration
Mayor
Certified a true copy, this day of , .
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