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HomeMy WebLinkAboutBylaw 1823 - Horseshoe Canyon Road Closure3(ttechill COUNTY BYLAW NO 1823 ROAD CLOSURE BYLAW — HORSESHOE CANYON BEING A BYLAW OF THE COUNCIL OF KNEEHILL COUNTY, 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 STATUTUES OF ALBERTA 2000, AS AMENDED WHEREAS the lands hereafter described are no longer required for public travel, and WHEREAS application has been made to Council to have the highway closed, and WHEREAS the Council of Kneehill County 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 therefore disposing of same, 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 WHEREAS Council 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 Kneehill County, in the Province of Alberta does hereby close to public travel for the purpose of creating title to the following described road allowances, subject to right of access granted by other legislation: 1. The description for the Road Closure for the portion of Government Allowance along the North Boundary of the NW 22 Twp 28-21-4 as shown outline in red in the Horseshoe Canyon sketch is as follows: "All those portions of the original Government Road Allowance adjacent to the North boundary of the North West quarter Section 22, Township 28, Range 21m West if the fourth Meridian lying within the Easterly 366.60 metres of the Westerly 420.67 metres. Containing 0.738 hectares (1.82 acres) more or less" 2. The description for the Road Closure for Road Plan 834 LK is as follows: All of Road Plan 834 LK within Northwest quarter section 22, township 28, range 21, West of the fourth meridian containing 1.57 acres more or less. Bylaw No. 1823, Road Closure Bylaw- Horseshoe Canyon Page 2 of 3 i S. W. 7/4 SEC. 27 • 2a-zr-, 420.ti7m �� V A.rM1rl � rcrl r " M W/-C.2 ;zr_,[or r 2 OC e,)i / Excepting Thereout all Mines and Minerals READ a first time on this 2111 day of July, 2020. PUBLIC HEARING held on the 181h day of August, 2020 at 10:00 a.m. Date Bylaw Signed JaoaI ✓ Approved this a day of dACC b 2028 Reeve Jerry Wittstock Ch' f Administrative Officer Mike Haugen Alberta Minister of Transportation Bylaw No. 1823, Road Closure Bylaw- Horseshoe Canyon Page 3 of 3 READ a second time on this day of `t2142021. READ a third time and final time of this 1W day of,. 2021. Reeve /,/, Date Bylaw Signed CERTIFIED TRUE COPY OF ORIGINAL DOCUMENT SIGNED ........................................ DATE............................................ erry Wittstock Chief dministrative Officer Mike Haugen This agreement made this & day of M t y- h , 20�. BETWEEN: DISTRIBUTION LINE RIGHT-OF-WAY AGREEMENT HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA AS REPRESENTED BY THE MINISTER OF TRANSPORTATION (hereinafter referred to as "the Landowner") (GST Reg. No. - and - ATCO ELECTRIC LTD. 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 of land in the Province of Alberta, being: FIRST ALL THOSE PORTIONS OF THE ORIGINAL GOVERNMENT ROAD ALLOWANCE ADJACENT TO THE NORTH BOUNDARY OF THE NORTH WEST QUARTER SECTION 22, TOWNSHIP 28, RANGE 21M WEST IF THE FOURTH MERIDIAN LYING WITHIN THE EASTERLY 366.60 METRES OF THE WESTERLY 420.67 METRES. CONTAINING 0.738 HECTARES (1.82 ACRES) MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS SECOND ALL OF ROAD PLAN 834 LK WITHIN NORTHWEST QUARTER SECTION 22, TOWNSHIP 28, RANGE 21, WEST OF THE FOURTH MERIDIAN CONTAINING 1.57 ACRES MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS (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 ONE DOLLAR ($1.00) Dollar (tile receipt and sufficiency of which is hereby acknowledged) paid to the Landowner by the Company, and in consideration 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 (hereinafter referred to as "the right-of-way") for the purposes of surveying, erecting, burying, installing, constructing, operating, maintaining, inspecting, patrolling (including aerial patrolling), removing, replacing, reconstructing, altering and repairing an electric distribution line and all related equipment, including conductors, anchors, guy wires and related attachments as may be deemed necessary by the Company and the right to do the same on the right-of-way: FIRST ALL THOSE PORTIONS OF THE ORIGINAL GOVERNMENT ROAD ALLOWANCE ADJACENT TO THE NORTH BOUNDARY OF THE NORTH WEST QUARTER SECTION 22, TOWNSHIP 28, RANGE 21M WEST IF THE FOURTH MERIDIAN LYING WITHIN THE EASTERLY 366.60 METRES OF THE WESTERLY 420.67 METRES. CONTAINING 0.738 HECTARES (1.82 ACRES) MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS SECOND ALL OF ROAD PLAN 834 LK WITHIN NORTHWEST QUARTER SECTION 22, TOWNSHIP 28, RANGE 21, WEST OF THE FOURTH MERIDIAN CONTAINING 1.57 ACRES MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS EXCEPTING THEREOUT ALL MINES AND MINERALS AND (ii) to remove trees and any other obstruction, which, in the opinion of the Company, might constitute a hazard to or detrimentally affect the security of the distribution line. Prior to exercising these latter rights, the Company shall give notice of its intention to enter the right of way to conduct such operations; and in exercising these rights, the Company shall conduct its operations in a good and workmanlike manner, minimizing the extent of trees and vegetation removed. In removing any trees, the Company may employ any method it deems appropriate, excluding the application of herbicides or soil sterliants; AND (iii) the right to enter on and use that portion of the lands (hereinafter referred to as "the pad -mount lands") for the purposes of putting down, taking up, relaying, connecting, disconnecting, erecting, repairing, maintaining and operating pad -mounted transformers, switching cubicles and connecting electrical distribution lines together with appurtenances incidental thereto, including the removal of any trees interfering with the proper erection, installation, maintenance and operation thereof. The rights granted in this agreement are granted on the following terms and conditions: Definitions: In this agreement, the expressions set out below shall have the following meanings: (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. 2. The Landowner shall have free access to and use of the lands comprised in the right-of-way, as the case may be provided, 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 right-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 any 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. 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 a I I 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 hereunder, 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. 5. 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 Landowner, his agents, employees, contractors, occupant or lessee. 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, arising 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 arising 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. 8. The Landowner shall not erect or store upon the right-of-way 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 electric 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 distribution 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 hereunder. Upon the Company removing its structures from the right-of-way, it shall restore the right -of --way to the same condition, to the extent such restoration is practical, as the Lands were prior to entry thereon and use thereof by the Company and the Company shall remove and discharge any instrument or encumbrance registered against any Certificate of Title to the Lands and related to its interest in the Lands. 11. All notices to be given hereunder shall be in writing and all such notices and any payments to be made hereunder may be made or served personally or by registered letter addressed to the Landowner at: Alberta Transportation 2nd Floor, 4999-98 Avenue Edmonton, AB T6B 2X3 and addressed to the Company at: ATCO Electric Ltd. P.O. Box 2426 10035 - 105 Street Edmonton, Alberta T5J 2V6 Attention: Land & Properties or such other address, as the Landowner or the Company respectively may from time to time advise, and any such notices or payments shall be deemed to be given to and received by the addressee upon personal service, or if served by postage prepaid, registered letter, 14 days after mailing thereof. 12. The Company shall pay all rates and taxes that may be assessed and levied against the Lands from time to time as a result of its interests in the right-of-way and installations or in connection with its operations thereon. 13. Neither party shall be considered in default in performance of its obligations under this agreement, to the extent that the performance of such obligations is delayed by circumstances which are beyond the control of the Landowner or the Company; PROVIDED HOWEVER, the Company shall not be in default in the performance or any of its covenants or obligations under this agreement until the Landowner has notified the Company of such default and the Company has failed to commence timely action to remedy the same upon receipt of such notice. In any event, if default does occur, the remedy for such default shall be limited to damages or an order for specific performance. 14. This agreement is and shall be of the same force and effect to all intents and purposes as a covenant running with the Lands and this agreement, including all of the covenants and conditions herein contained, shall extend, be binding upon and enure to the benefit of the parties hereto, their executors, administrators, successors and assigns, as the case may be. 15. In the event of any conflict between a metric and imperial expression of measurement in this agreement, the metric expression of measurement shall govern. 16. The Company shall register this document or a caveat relating thereto against the Lands in order to protect the interests granted herein 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 [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 proper officers duly authorized in that behalf, on the date first above written. Signed by the Minister of Transportation, HER MAJESTY THE QUEEN IN RIGHT OF of the Province of Alberta, THE PROVINCE OF ALBERTA or his duly authorized representative AS REPRESENTED BY THE MINISTER OF and sealed with his seal of office TRANSPORTATION Executive Director Divisional Services