Loading...
HomeMy WebLinkAboutBylaw 1755 - Road Closure SE 30-33-26 W4Mn�e¢ju zsoa BYLAW NO 1755 ROAD CLOSURE BYLAW — SE 30-33-26 W4M BEING A BYLAW OF THE COUNCIL 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. 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, 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 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; and 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: 1. "All that portion of the road allowance adjacent to the east boundary of south east quarter section 30 township 33 range 26 west of the fourth meridian which lies to the south of the curvilinear production of the south westerly boundary of road plan 1612780 and to the north of the north westerly production of the south westerly boundary of road plan 1749 JK Containing 0.282 hectares. " 2. "All that portion of road plan 1749 JK which lies to the west of the westerly boundary of road plan 1612780 and to the east of the road allowance adjacent to the east boundary of south east quarter section 30 township 33 range 26 west of the fourth meridian, which lies north east of the line joining iron post R 11A and iron post R 3 as shown on road plan 1749 JK Containing 0.178 hectares. " Bylaw No. 1755, Road Closure SE 30-33-26 W4M DETAIL Nrn +o sal[ It vi Page 2 of 3 SEE DETAIL i - 4 - ioYoaY l tti e,� .Wiisn ce . w�som' i nau � 1 � � i N � I � O rarea U 1 I rad m ns m iF DETAIL Nrn +o sal[ It vi Page 2 of 3 SEE DETAIL Bylaw No. 1755, Road Closure SE 30-33-26 W4M Page 3 of 3 READ a first time on this 811 day of May, 2018. PUBLIC HEARING was held on the 12th day of June, 2018. Re�ve err .ittstock Date Bylaw Signed Chief Adm ;?.,irative Officer APPROVED this L % day ofC_'�G+ir , 2018. AI Hoggan Alberta Minister of Transportation READ a second time on this � % day of no,.,zier 2018. READ a third time and final time on this �'�`� day of2018. Date Bylaw Signed Reeve 1 Jer)jAisttive .tstock Chie dmiOfficer Al Hoggan ",khefb" Transportation DELIVERY SERVICES DIVISION 2ND FLOOR, TWIN ATRIA BUILDING 4999-98 AVENUE EDMONTON, ALBERTA, CANADA T6B 2X3 October 17, 2018 Kneehill County PO Box 40 Three Hills, AB TOM 2AO Attention: Laurie Watt RE: ROAD CLOSURE — BYLAW 1755 TELEPHONE NO: 780-415-1538 FAX NO: 780-427-0353 Toll Free Connection Dial 310-0000 Enclosed is the above noted bylaw which was approved by Alberta Transportation for closure and consolidation on October 16, 2018. Also attached are your endorsed copies of the Right of Way Agreement with TELUS Communications Ltd. which must be registered concurrently with the bylaw 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, ,VUAAAA_ Grace Saina Road Closure Coordinator cc: Michele Buchwitz Development and Planning Technologist Hanna, Alberta Enclosures ,:,-e�TELUS the future is friendly® July 10, 2018 nCr,iVfD 30L i 12018 KNEEH1t'L C01jNV Kneehill County PO Box 400 1600 -2nd Street NE Three Hills, AB TOM 2A0 RE: TELUS COMMUNICATIONS INC (TELUS') TELUS RIGHT OF WAY AGREEMENT SE 30-33-26 W4M TELUS Communications Inc. Right of Way Department FLR. 2, 2930 Centre Avenue, NE Calgary, Alberta T2A 4Y2 Telephone (403) 384-3066(main) Toll Free 1-866-774-7002 ext. 1 E-mail rightofwayAB@telus.com TELUS File: 52569-1 Further to your road closure application for the above noted location. TELUS sent a response stating we require a Right of Way prior to the Road Closure. Please find enclosed the following: - Three (3) TELUS executed Right of Way Agreements for further execution. Once the Right of Way Agreement has been registered, it would be appreciated if you would send a fully executed agreement along with a copy of the title showing this charge. Trusting this meets your approval, should you have any questions or concerns regarding the foregoing, do not hesitate to contact our office. Yours truly, AOC_��_ Amanda Stringile Property/Land Administrator Rights of Way Alberta Real Estate Division Enclosures TELUS FILE: 52569-1 RIGHT-OF-WAY AGREEMENT UWe, Her Majesty the Queen in Right of the Province of Alberta as represented by the Minister of Transportation (the "Grantor"), being the registered owner of the lands described as follows: ALL THAT PORTION OF THE ROAD ALLOWANCE ADJACENT TO THE EAST BOUNDARY OF THE SOUTH EAST QUARTER SECTION 30 RANGE 26 WEST OF THE FOURTH MERIDIAN WHICH LIES TO THE SOUTH OF THE CURVILINEAR PRODUCTION OF THE SOUTH WESTERLY BOUNDARY OF ROAD PLAN 161 2780 AND TO THE NORTH OF THE NORTH WESTERLY PRODUCTION OF THE SOUTH WESTERLY BOUNDARY OF ROAD PLAN 1749 JK CONTAINING 0.282 HECTARES. ALL THAT PORTION OF ROAD PLAN 1749 JK WHICH LIES TO THE WEST OF THE WESTERLY BOUNDARY OF ROAD PLAN 161 2780 AND TO THE EAST OF THE ROAD ALLOWANCE ADJACENT TO THE EAST BOUNDARY OF SOUTH EAST QUARTER SECTION 30 TOWNSHIP 33 RANGE 26 WEST OF THE FOURTH MERIDIAN, WHICH LIES NORTH EAST OF THE LINE JOINING IRON POST R 11A AND IRON POST R 3 AS SHOWN ON ROAD PLAN 1749 JK CONTAINING 0.178 HECTARES. (the "Lands") 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 10TH FLOOR, 10035 —102 AVENUE NW EDMONTON, AB T5J OE5 ("TELUS") the non-exclusive rights, license, privileges, easement and right-of-way in, through, over and under that part of the Lands,described as follows: ALL THAT PORTION OF THE ROAD ALLOWANCE ADJACENT TO THE EAST BOUNDARY OF THE SOUTH EAST QUARTER SECTION 30 RANGE 26 WEST OF THE FOURTH MERIDIAN WHICH LIES TO THE SOUTH OF THE CURVILINEAR PRODUCTION OF THE SOUTH WESTERLY BOUNDARY OF ROAD PLAN 161 2780 AND TO THE NORTH OF THE NORTH WESTERLY PRODUCTION OF THE SOUTH WESTERLY BOUNDARY OF ROAD PLAN 1749 JK CONTAINING 0.282 HECTARES. ALL THAT PORTION OF ROAD PLAN 1749 JK WHICH LIES TO THE WEST OF THE WESTERLY BOUNDARY OF ROAD PLAN 161 2780 AND TO THE EAST OF THE ROAD ALLOWANCE ADJACENT TO THE EAST BOUNDARY OF SOUTH EAST QUARTER SECTION 30 TOWNSHIP 33 RANGE 26 WEST OF THE FOURTH MERIDIAN, WHICH LIES NORTH EAST OF THE LINE JOINING IRON POST R 11A AND IRON POST R 3 AS SHOWN ON ROAD PLAN 1749 JK CONTAINING 0.178 HECTARES. (the "Right -of -Way Area") for the purpose of constructing, maintaining, repairing and replacing, cables, data transmission, wires and transmission lines including, without limitation, telephone, and telecommunication lines or any one or more of them, together with all other telecommunication facilities (collectively, the "Facilities"), to be laid under, over or across the Right -of -Way Area, the said grant and transfer to include and being subject to the following terms and conditions, namely: This Agreement continues in perpetuity from the date this Agreement is executed by the Grantor and the Grantee. 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 Area 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. 7. 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. 8. TELUS shall have the right of access to the Right -of -Way Area across the remainder of the Lands, provided that: (a) such right of access shall be used only in an emergency; and (b) TELUS will pay reasonable compensation to the owner of the Lands 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 Lands 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 Agreement and the rights, license, privileges and easement granted TELUS are and shall be covenants running with the Lands. • M 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 Agreement. No modification, amendment or discharge of this agreement shall be valid unless the same is in writing and signed by the parties. IN WITNESS WHEREOF this Agreement has been executed on the day of /Ctir,�✓ 2018. [sea!] �%% 4ce-tvi"I Date Witness Mrajesty the Queen in Right of Alberta as Represented by the Minister of Transportation XGpTiQlys t ° Date Witness TELU nication nc 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 All registered owners must sign before a witness If no company seal, the attached Affidavit must be executed