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Home My WebLink AboutBylaw 1380 - Closing Road Allowance In 29-23 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 District 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 west of the North West Quarter Section of 11, Township 29,Range 23,West 4th Meridian (NW 11-29-23-W4) and That portion of the statutory road allowance lying west of the South West Quarter section of 14. Township 29,Range 23,West 4th Meridian (SW 14-29-23-W4) Received first reading in a regular meeting of Council this 14th day of October 1997 4)0't Reeve v 4k / Municipal Adm . :tor APPROVED this day of , 19 Minister of Transportation and Utilities Received second reading this day of , 19 Received third reading and finally passed this day of , 19 Reeve Municipal Administrator B1380 1 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: John C. Jeffery, Administrator Alex Cunningham, Development Officer Jennifer Deak, Assistant Administrator and Recording Secretary OTHERS: 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 Western 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. Pubhrgrda11971014 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 Deak, Assistant Administrator Pubhrgrdall971014 MUNICIPAL DISTRICT OF KNEEHILL NO. 48 IN THE PROVINCE OF ALBERTA NOTICE OF PUBLIC HEARING TIME: 3:00 P.M. DATE: TUESDAY, OCTOBER 14, 1997 PLACE: COUNCIL CHAMBERS, 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. REPRESENTATIONS: Oral or written comments and suggestions are invited and should be addressed to the point of the proposed bylaw. Comments and representations may be made by any person or group of persons, or a person acting on his or their behalf, who claims to be affected by the proposal, and from any other persons whom, at the hearing, the Council of the M.D. of Kneehill wishes to hear. Written submissions must be made by the persons above and must be received in the M.D. of Kneehill Office by 4:00 P.M. on October 10th, 1997. Oral presentations may be made at the hearing by the persons, as above, whether or not they have submitted a written presentation. The time limit for oral presentations is subject to the direction of the Chairman. DOCUMENTATION:, Copies of the proposed bylaw are available for inspection by the public at the M.D. Office, during regular office hours. This notice is given pursuant to the Municipal Government Act and amendments thereto. Publication - October 1st and 8th, 1997 J. C. Jeffery, CLGM Municipal Administrator Jd/planning/rdallowclosc.doc NOTICE OF INTENTION The M.D. of Kneehill has received an application to close the road allowance west of the NW 11- 29-23-W4 and west of the SW 14-29-23-W4 (see map below). 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. Any person claiming to be prejudicially affected by this closure will be afforded an opportunity to be heard by the M. D. of Kneehill Council at a Public Hearing, scheduled for Tuesday, October 14, 1997, at the M.D. of Kneehill Council Chambers, Three Hills, Alberta, commencing at 3:00 P.M. For further information please contact our office at (403) 443 5541. Dated this 16th day of September, 1997 Date of publication: September 24`" and October 1, 1997 i-I !- I- --- --- -- - ' ) . ' • H • - t- I- '-` I '1 I_ ' T i i H - 'I I i. 1�.\ --__- ._ I �,,,� II ,' .' L. .u1 ,`ti.. 1 CARBON 1 ?`` �( I, � � I 11,s, 11 1„ II_ ri 11 ._. I i- 1 ,) I . j '"`Tf,'i/A) �.- I _ I _-.._ _ I l I 1-. \� _.1 .. ..' 1 d I I I 1 I r I R.— , I 1 I • . 0) L,o # 00� , , — ..i 1. : " . - -- „ Q �O < I G • I .,_, --� ?4 23 22