HomeMy WebLinkAboutBylaw 1706 - Road Closure - HeskethVryv ill
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BYLAW NO 1706
ROAD CLOSURE BYLAW- HESKETH
BEING A BYLAW OF THE COUNCIL OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO FOR THE
PURPOSE OF CLOSING TO PUBLIC TRAVEL IN ACCORDANCE WITH SECTION 22 OF THE MUNICIPAL
GOVERNMENT ACT.
WHEREAS, pursuant to the Municipal Government Act, Chapter M-26, Revised Statutes of Alberta 2000,
as amended, a Municipal Council has authority to govern and the authority to pass Bylaws respecting
the municipality, including the closure of lands no longer required for public travel; and
WHEREAS, application has been made to the Municipal Council to have a portion of undeveloped road
allowance closed, and Council 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
WHEREAS, notice of the intention of Council to pass a bylaw has been given in accordance with Section
606 of the Municipal Government Act;
NOW THEREFORE, The Council of Kneehill County, in the Province of Alberta, duly assembled, does
hereby close to public travel the following described road allowances, subject to right of access granted
by other legislation:
Those portions of the statutory road allowance within the Hamlet of Hesketh described as follows and
identified in black on diagram:
First: That portion of South Street within the southern portion of the Hamlet of Hesketh on NW 12-29-
22 W4 which lies south of Lots 11-16, Block 1, Plan 4267 CS from the westernmost corner of Lot 14 to
the southernmost corner of Lot 13 and abutting the adjacent parcel.
Second: That portion of lane which lies between Lots 11-16, Block 1, Plan 4267 CS and Lot 11, Block 1,
Plan 4267 CS from the easternmost corner of Lot 16 to the northernmost corner of lot 11 southwards to
the westernmost corner of Lot 13 to the southernmost corner of Lot 14.
law No. 1706, Road Closure — Hesketh
READ a first time on this 9th day of February, 2016.
Page 2 of 2
Reeve
(D 11,
R. L.(Bob )Long
Signature Date
Chief Adm nis rative Officer
Al Hoggan
APPROVED this 1Y day of ALL,/, , 2016
Minister of Transportation
READ a second time on this 95 rd day of (I �i 2016.
�.3'��da tom,
READ a third time and final time of this y of , 2016.
Date Bylaw Signed
DELIVERY SERVICES DIVISION
2ND FLOOR, TWIN ATRIA BUILDING
4999-98 AVENUE
EDMONTON, ALBERTA, CANADA
T6B 2X3
July 19, 2016
Kneehill County
232 Main Street
Three Hills, Alberta TOM 2AO
Transportation
TELEPHONE NO: 780-415-1538
FAX NO: 780-427-0353
Toll Free Connection Dial 310-0000
Attention: Barb Hazelton, Senior Planning & Development Officer
RE: ROAD CLOSURE — BYLAW 1706
Enclosed is the above noted bylaw which was approved by Alberta Transportation for
closure on July 18, 2016.
Also attached are your endorsed copies of the Right of Way Agreement with Telus
which must be registered concurrently with the By-law at Land Titles.
Following the second and third readings of the bylaw by your council the bylaw may
be registered at Land Titles. Please notify me of the second and third readings and
when the documents closing the road are registered at Land Titles.
Yours truly,
Adrienne Kisko
Land Technologist
cc: Donna Cheney
Systems Support Technologist
Hanna, Alberta
Enclosures
TELUS FILE: 49116-1
RIGHT -OF -WAV AGREEMENT
I/We, Her Majesty the Queen in Right of the Province of Alberta as represented by the Minister of Transportation, being
the registered owner of the lands described as follows:
PORTION OF THE LANE BETWEEN LOTS 11-16, BLOCK 1, PLAN 4267CS, HESKETH, AB
PORTION OF SOUTH STREET FROM THE WESTERNMOST EDGE OF LOT 14, BLOCK 1, PLAN
4267CS TO THE EASTERNMOST CORNER OF LOT 13, BLOCK 1, PLAN 4267CS, HESKETH, AB
EXCEPTING THEREOUT ALL MINES AND MINERALS
(the "Land")
DO HEREBY in consideration of payment of One ($1.00) Dollars and other good and valuable consideration, the receipt
of which is hereby acknowledged, GRANT AND TRANSFER to:
TELUS Communications Inc.
RIGHTS OF WAY DEPARTMENT
10T" FLOOR, 10035 —102 AVENUE NW
EDMONTON, AB T5J OE5
("TELUS")
the exclusive rights, license, privileges, easement and right-of-way in, through, over and under that part of the Land,
described as follows:
PORTION OF THE LANE BETWEEN LOTS 11-16, BLOCK 1, PLAN 4267CS, HESKETH, AB
PORTION OF SOUTH STREET FROM THE WESTERNMOST EDGE OF LOT 14, BLOCK 1, PLAN
4267CS TO THE EASTERNMOST CORNER OF LOT 13, BLOCK 1, PLAN 4267CS, HESKETH, AB
EXCEPTING THEREOUT ALL MINES AND MINERALS
(the "right-of-way") for the purpose of carrying, laying, constructing, maintaining, using, digging, putting down, taking
up, relaying, connecting, disconnecting, repairing, replacing, removing, inspecting and operating conduits, cables, data
transmission, wires and transmission lines including, without limitation, telephone, telegraph and telecommunication
lines or any one or more of them, together with all other telecommunication facilities, (collectively, the "facilities") to be
laid in, under, on, over or across the right-of-way, the said grant and transfer to include and being subject to the
following terms and conditions, namely:
1. The right-of-way hereby granted shall be effective as and from the execution of this agreement by the Grantor
and TELUS for such length of time as TELUS may wish to exercise the rights, license, privileges and easement
hereby given.
2. TELUS, its employees, agents, contractors and subcontractors shall have the right to ingress, egress and to
pass and repass on the right-of-way either on foot or by means of vehicles, or necessary equipment and to
occupy and remain on the right-of-way with machinery, equipment and materials for all purposes provided
above.
3. There is included in the grant and transfer to TELUS the right to do whatever is requisite for the full enjoyment
of the rights, license, privileges, easement and right-of-way specifically granted to TELUS.
4. The Grantor agrees that the facilities shall remain chattels and notwithstanding any rules of law to the contrary,
shall remain the sole and exclusive property of TELUS and may be removed by TELUS.
5. Provided that TELUS performs and observes the covenants on its part in this agreement, TELUS shall
peaceably hold and enjoy the rights, license, privileges, easement and right-of-way hereby granted without
hindrance, molestation or interruption from the Grantor or any person claiming through, under or for the
Grantor.
6. Any and all of the rights, licences, privileges, easements, rights of way and benefits of TELUS hereunder are
assignable to and may be held, enjoyed and exercised by any affiliate of TELUS whether pursuant to, or in
connection with, any corporate or other reorganization of TELUS or otherwise. TELUS shall also have the right
to assign the rights, licences, privileges, easements, rights of way and benefits hereby granted, in whole or in
part, without the consent of the Grantor to permit third parties to exercise the rights, licences, privileges,
easements, rights of way and benefits hereby granted, in whole or in part, on their own or together with TELUS
or other third parties and, in the event such permission is granted by TELUS, any reference herein to TELUS
shall also apply to such third parties. For purposes of this section 6, "affiliate" means any affiliated body
corporate of TELUS Corporation as defined in the Canada Business Corporations Act, as well as any
partnership or other unincorporated association in which TELUS Corporation or any of its affiliated bodies
corporate (as so defined) has a direct or indirect controlling interest.
TELUS shall have the right to assign, transfer or grant the rights, license, privileges, easement and right-of-way
granted hereby, in whole or in part, without the consent of the Grantor. TELUS shall have the right, without the
prior consent of the Grantor to permit third parties to exercise the rights, license, privileges and easement
hereby granted, in whole or in part, on their own or together with TELUS or other third parties and in the event
such permission is granted by TELUS, any reference herein to TELUS shall also apply to such third parties.
TELUS shall have the right of access to the right-of-way across the remainder of the Land, provided that.-
(a)
hat:
(a) such right of access shall be used only in an emergency; and
(b) TELUS will pay reasonable compensation to the owner of the Land for any damage occasioned
thereby.
TELUS, in carrying out such operations will do so in workmanlike manner so as to minimize the damage and
inconvenience to the owner or occupier of the said Land and any excavations or workings TELUS makes shall,
so far as is reasonably practicable, be restored to their former condition. The replacement of trees, shrubs and
landscaping other than grass is not practical and TELUS is under no liability for replacement but shall pay crop
loss and damages resulting from such operations.
10. The Grantor covenants and agrees that the Grantor will not build, erect or maintain nor permit or suffer to be
built, erected or maintained on the right-of-way any pit, foundation, pavement, building or structure, and will not
plant or maintain, nor allow or suffer to be planted or maintained thereon any trees, shrubs, or landscaping
which would or could prevent or hinder the exercise by TELUS of any of the rights granted to it, nor allow
changes to the design or existing surface grades.
11. Subject to the limitations in clause 8, TELUS will indemnify and save harmless the Grantor from and against all
claims, damages, debts, dues, suits, actions and causes of actions or costs that the Grantor may suffer or be
put to by reason of anything done by TELUS in the exercise of the rights and privileges granted to it.
12. This right-of-way and the rights, license, privileges and easement granted TELUS are and shall be covenants
running with the Land.
13. The rights, license, privileges, easements and obligations of TELUS and the Grantor shall extend to and shall
be binding upon TELUS, its successors and assigns, and upon the Grantor, and the Grantor's heirs, personal
representatives, successors and assigns.
14. The person securing this agreement for TELUS has no authority to make any agreement, representation or
warranty not specifically set forth herein. This is the entire agreement between TELUS and the Grantor
respecting this right-of-way. No modification, amendment or discharge of this agreement shall be valid unless
the same is in writing and signed by the parties.
Date Witness
Date
Witness
[seal]
Her Majesty the (ween in
Right of Alberta as
Represented by the
Minister of iranrtation
®���y
Own �� 2
Instructions: All registered owners must sign before a witness. If they are limited companies, the company seal must be stamped on, and then no
witness is required.
MUNICIPALITY OF KNEEHILL COUNTY PUBLIC HEARING
DATE: March 8, 2016
TIME: 11:00 a.m.
PLACE: Kneehill County
1600- 2nd Street NE, Three Hills, Alberta
RE: Proposed Bylaw 1706 of the Municipality of Kneehill County in the
Province of Alberta, for the purpose of closing to public travel in
accordance with Section 22 of the Municipal Government Act.
PRESENT:
COUNCIL MEMBERS:
STAFF MEMBERS:
INTERESTED PARTIES:
Councillor Ken Hoppins
Councillor Glen Keiver
Councillor Bobby Painter
Councillor Brian Holsworth
Deputy Reeve Jerry Wittstock
Reeve Bob Long
Dharmesh Vyas
Barb Hazelton
Laurie Watt
AI Hoggan
Carolyn Van der Kuil
Mike Morton
Debra Grosfield
Patrick Earl
None were Present
Reeve Long declared the public hearing open at 11:00 a.m. and introductions were made.
Reeve Long noted the hearing was being held pursuant to section 230 and 692 of the
Municipal Government Act and the regulations therewith.
Reeve Long outlined the rules and the meeting process for today's hearing.
Reeve long asked Dharmesh Vyas and Barb Hazelton, Kneehill County's Planning and
Development Officer to come forward to make their presentation.
1.0 Proposal
Edward and Marlene Wisniewski have requested a road closure (undeveloped road
allowance) around their lots in Hesketh. The closure is requested of the road allowance
immediately south west of the parcel as well as the alley way in between Lots 11-16.
After this Public Hearing, this application will require Ministerial Approval prior to considering
second and third reading from Council. Should this be approved, the applicant would then
Council/Planning/Public Hearings Pagel of 3 Initial1-04
purchase the portions of the road closed and consolidate with the existing title to create a
more compliant parcel.
There is a quonset that has been built on the road allowance to the south west of the
property which the applicants have stated has been there since 1975; it is a permanent
structure and the applicants have indicated that it would be difficult to remove. Further to
that, the house on the aforementioned lots stands over the alley way. Closure of the
proposed undeveloped road allowance would not interfere with legal access to any other
parcels.
2.0 Discussion/Options/Benefits/Disadvantages:
Road Closures are governed by the Municipal Government Act and Section 22 states that a
road must be closed by bylaw, must be advertised and must be approved by the Minister of
Transportation prior to receiving second reading. Additionally, a person who claims to be
affected prejudicially by the bylaw (or that person's agent) must be given an opportunity to
be heard by Council.
The Public Hearing was advertised in the Three Hills Capital on February 17, February 25
and March 2, 2016 and adjacent landowners received a mailed copy of the Public Hearing,
and the contents of Bylaw 1706.
No written submissions have been received by administration as of February 29, 2016.
3.0 Costs/Source of Funding:
As established in the General Information Attachment, costs to the applicant would be as
follows:
1. Application fees as set out by Council ($800.00)
2. All costs associated with Transfer of Land (Survey, Transfer Documents,
Registration etc...)
3. Appraisal Fee
4. Purchase cost of the road allowance
It is then anticipated that there would be few costs to the County- these would largely be
centered around referrals, advertisements and hosting the public hearings etc.
Councillor Holsworth asked Kneehill County Planner's on how much money it would cost to
purchase the land. The Planning Department replied that this wasn't going to be estimated
until after the Minister approves to close the road as it is a large expense to the applicant.
Reeve Long asked for the applicant to come forward to make his/her presentation. The
applicant was not present at the meeting.
Reeve Long asked for individuals who have registered on the speakers list in favour of the
bylaw to come forward to make their presentation. None were forthcoming.
Reeve Long asked for any spokesman speaking on behalf of a group in favour of the bylaw
to come forward. None were forthcoming.
Reeve Long asked for individuals who have registered on the speakers list against the
bylaw to come forward. None were forthcoming.
Council/Planning/Public Hearings Page 2 of 3 lnitialst
Reeve Long asked for any spokesman speaking on behalf of a group in opposition of the
bylaw to come forward. None were forthcoming.
Reeve Long asked if there was anyone else present who wished to speak in support or in
opposition of the proposed Bylaw. None were forthcoming.
As there were no further questions from Council, Reeve Long declared the hearing closed.
Time: 11:09 a.m.
Council/Planning/Public Hearings Page 3 of 3
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