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HomeMy WebLinkAboutBylaw 1380 - Closure Of Road Allowance 29-23k—, M. D. OF KNEEHILL NO 48 BYLAW 1380 BEING A BYLAW OF THE MUNICIPAL DISTRICT OF KNEEHILL NO 48 IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF CLOSING TO PUBLIC TRAVEL AND CREATING TITLE TO PORTIONS OF A PUBLIC HIGHWAY IN ACCORDANCE WITH SECTION 22 OF THE MUNICIPAL GOVERNMENT ACT, CHAPTER M26 1, REVISED STATUTES OF ALBERTA 1994, AS AMENDED WHEREAS, the lands hereafter described are no longer required for public travel as there is a public road within the lands hereafter described, and WHEREAS application has been made to the Council of the Municipal Distnct of Kneehill No. 48 to have the highway closed, and WHEREAS the Council of the Municipal District of Kneehill No 48 deems it expedient to provide for a bylaw for the purpose of closing to public travel certain roads, or portions thereof, situated in the said municipality and thereafter creating title to same, and WHEREAS notice of intention of the Council of the Municipal District of Kneehill No 48 to pass a bylaw has been given in accordance with Section 606 of the Municipal Government Act, and WHEREAS the Council of the Municipal District of Kneehill No 48 was not petitioned for an opportunity to be heard by any person claiming to be prejudicially affected by the bylaw NOW THEREFORE BE IT RESOLVED THAT THE Council of the Municipal District of Kneehill No 48 in the province of Alberta does hereby close to public travel and creating title to the following described highways, subject to rights of access, granted by other legislation That portion of the statutory road allowance lying between the North East Quarter Section of 10, Township 29, Range 23 West 4`h Meridian (NE 10-29-23 W4) and the North West Quarter of Section 11 Township 29 Range 23 West 4`h Meridian (NW 11 29 23 W4) excepting thereout all mines and minerals and That portion of the statutory road allowance lying between the South West Quarter of Section of 14, Township 29, Range 23, West 4`h Meridian (SW 14 29 23 W4) and the South East Quarter of Section 15, Township 29, Range 23, West 4th Meridian (SE 15 29-23-W4) excepting thereout all mines and minerals Received first reading in a regular meeting of Council this 14th day of October, A.D 1997 Reeve" / Municip��! trat6rV 14 APPROVED this /Sday of way Minister of Transportation and Utilities A°+'RO"A.L SUBJECT TO AN EkSEN -NT IN FAVOUR OF Received second reading this,..2&rq day of r%'IAy RC ,19,?R Received third reading and finally passed thi&Z,�day of In,4.1 Azo , 19 '?8 / : '� ReeW v` B1380 MUNICIPAL DISTRICT OF KNEEHILL NUMBER 48 PUBLIC HEARING DATE. OCTOBER 14, 1997 TIME 3.00 P M PLACE MUNICIPAL DISTRICT OF KNEEHILL OFFICE 232 Main Street, THREE HILLS, ALBERTA PURPOSE The purpose of the hearing is to consider a proposed bylaw to close the road allowance west of the NW 11-29-23-W4 and west of the SW 14-29-23-W4 The purpose of this road allowance closure is to consolidate this land with adjacent lands, as a developed road is located east of this road allowance PRESENT COUNCIL MEMBERS Marylea Lowen, Marjorie Vetter, Otto Hoff, Robert E Boake, James Hanger, Richard M Vickery and Glen Wagstaff STAFF MEMBERS OTHERS John C Jeffery, Administrator Alex Cunningham, Development Officer Jennifer Deak, Assistant Administrator and Recording Secretary Wayne Garrett, Carbon, AB Gerhart Schwartz, AB Power, Drumheller Reeve Hoff declared the public hearing open, reviewed the procedure for conduct of the hearing, and noted the hearing is being held pursuant to the regulations contained in Section 230 of the Municipal Government Act Mr Cunningham advised council that the necessary notice of date, time and place for holding this public hearing was advertised in the newspaper and letters and notices of intent sent to all required parties Mr Cunningham then reviewed the proposed bylaw noting the bylaw is to address an agreement made in the 1970 s between the local M.D councillor and the land owners of the above noted lands This verbal agreement was for the exchange of the road allowance for land, located further east on which a road was developed This exchange was made because of the terrain of the land The road was developed further east, but the existing undeveloped road allowance was never transferred to the land owners Mr Cunningham proceeded to read letters of response to the proposed bylaw received from the following Canadian Wosrern Natural Gas Company Limited Alberta Transportation & Utilities and Alberta Agriculture Food & Rural Development All written responses noted no objection to the proposed bylaw Mr Cunningham further noted a letter, sent to Stern Bulk Sales, was returned unclaimed Mr Hoff then invited presentation from any party either supporting or opposing the proposed bylaw Pubhrggda11971014 Mr Schwartz addressed Council noting AB Power has power lines along the road allowance being proposed for closure Mr Schwartz further noted AB Power would have no objection to the closure providing easements were provided by the landowners regarding the power lines Mr Garrett the landowner of NW 11-29 23 W4 indicated he had no objection to providing an easement agreement with AB Power Mr Hoff advised Mr Sherring landowner of SW 14 29 23 W4, had indicated to him he also agreeable to providing AB Power an easement It was agreed the road closure would be subject to the AB Power easement with the landowners Mr Schwartz indicated he would get all the necessary documentation in order A request was made for Mr Schwartz to provide copies of the documentation to the municipality and it was understood the municipality would not finalize this matter until these easements were received Mr Hoff inquired whether there were any further presentations or questions from anyone either supporting or opposing the proposed bylaw amendments As there were no further questions or presentations, Reeve Hoff declared the public hearing closed Time 3 12 P M J fifer eak, Assistant Administrator Pubhrgrda11971014 r This agreement made this /C( day of %nam, , 19 DISTRIBUTION LINE RIGHT OF WAY AGREEMENT BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA REPRESENTED HEREIN BY THE MINISTER OF TRANSPORTATION & UTILITIES (hereinafter referred to as 'the Landowner") (GST Reg No ) and ALBERTA POWER LIMITED a corporation having its head office at 10035 105 Street in the City of Edmonton, in the Province of Alberta (hereinafter referred to as "the Company") WHEREAS the Landowner is the registered owner or is entitled to become the registered owner of an estate in fee simple subject to such encumbrances as are notified on the Certificate of Title in that parcel -`land in the Province of Alberta, being GOVERNMENT ROAD ALLOWANCE LYING WEST OF THE NW 11 29 23 W4M & WEST OF THE SW 14 29 23 W4M (hereinafter called 'the Lands") AND WHEREAS the Company wishes to construct, operate and maintain an electric distribution line in order to distribute electric energy, NOW THEREFORE in consideration of the sum of ('nl e hereby acknowledged) paid to the Landowner by the Company, Dand ain consideration rs (the sufficiency of the mutual covenants contained in this agreement, the parties agree to the terms contained herein and the Landowner does hereby grant and transfer to the Company (i) a right of way within, across, upon, under over and through that portion of the Lands outlined in red on the sketch plan attached hereto or described in the metes and bounds description which 109. DOC//109 follows or as shown on a plan of survey registered in the appropriate Land Titles Office 3 (a) "Structure' means any pole or set of poles or other supports together with all attachments which may be placed on the right of way by the Company for the purposes of supporting electric energy conductors other wires and equipment (b) "Electric Distribution Line' means a single series of structures located on the right of way and strung with one or more conductors or other wires whereby electric energy is distributed together with all related equipment and appurtenances The Landowner shall have free access to and use of the lands comprised in the right of way and/or the construction and maintenance easement lands, as the case may be prop ided, however such access and use in favour of the Landowner shall not in any way interfere with the Company in the exercise of any of the rights granted by this agreement or any works of the company situate within, upon or over the nght of way and/or the construction and maintenance easement lands Without limiting the generality of the foregoing the Company shall not fence the right-of-way and/or the construction and maintenance easement lands or an} portion thereof without the consent of the Landowner 3 The Company may for its own purposes, construct gates in any fences which the Landowner might construct on the right of way or on the construction and maintenance easement lands If such gates are constructed by the Company now or in the future the Company shall consult with the Landowner and, if requested by the Landowner, shall furnish such gates with locks 4 The Company shall be liable for physical and tangible damage done to real or personal property, such as damage to the surface of the lands, crops growing thereon, fences livestock, agricultural improvements, equipment and buildings owned by the Landowner or lawful occupant by reason of the exercise by the Company of any or all of the rights granted by this agreement (excepting damage caused to the property of the Landowner by his own act or that of his employees agents, contractors, occupant or lessee) In the event that the parties cannot agree at any time on the amount of compensation for damages payable to the Landowner .ereunder, the parties shall submit the dispute for a determination to the Surface Rights Board or its successor In the event the Board does not have jurisdiction to decide the matter at issue, the dispute may be submitted to arbitration pursuant to the arbitration legislation then in force in the Province of Alberta S The Landowner shall not be liable to the Company for any damage caused to the distribution line which occurs as a result of the permitted use and occupation of the right of way by the Landowner or its agents employees or contractors, excepting thereout all damage caused by the willful acts or negligence of the gents, employees contractors occupant or lessee Landowner, his a 6 The Company shall indemnify and hold harmless the Landowner against all actions, suits, claims demands and expenses made or suffered by any person or persons, in respect of any loss, injury, damage or obligation to compensate ansing out of or in connection with, or as a result of operations conducted by the Company as well as in respect of any loss, injury or damage ansing out of, or in connection with any breach by the Company of the terms and conditions of this agreement, and this obligation shall survive the expiration or termination of this agreement 7 Notwithstanding any rule of law or equity all property affixed to the right of way by the Company or by its employees agents or contractors shall, at all times, remain the property of the Company even though attached to the land g The Landowner shall not erect or store upon the right of way or upon the construction and maintenance easement lands any buildings structures materials, agricultural products or equipment or any other obstructions that in the opinion of the Company may in any way interfere with the safe and efficient distribution of electnc energy nor shall the Landowner knowingly or recklessly create any hazardous situations on the right of way or on the construction and maintenance easement lands 9 This Agreement shall be for so long as the Company, its successors and assigns desire and continue to maintain and operate an electric dtstnbution line on or adjacent to the lands 10 In the event the Company no longer requires the right to maintain a distribution line on the right of way, it shall, within a reasonable period of time remove its structures and terminate all rights and obligations G \LAP',LAA'DACQTORMS\DOCS 11/05,'97 11 48 N D OF KNEEWILL NO 4B 4 4034205410 TOV"SHIP RANGE WEST aF' NO 195 T MERIDIAN Del 5 17 Wherever the singular or masculine is used throughout this agreement, the same shall be construed as being plural or feminine or a body corporate, where the context might reasonably require IN WITNESS WHEREOF the Landowner has hereunto set his hand and seal (or if a body corporate, has hereunto caused to be affixed its corporate seal duly attested by the hands of its proper officers duly authorized in that behalf) and the Company has hereunto caused this agreement to be executed by its ^roper officers duly authorized in that behalf, on the date first above written SIGNED, SEALED AND DELIVERED by the parties hereto in the presence of (Witness) G:`LAFU ANDACQ\FORMS\DOCS HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA AS REPRESENTED BY THE MINISTER OF TRANSPORTATION AND UTILITIES Landowner ALBERTA POWER L.d\4ITED DALI ARTHUR `J MANAGER, LAND & PROPERTIES