HomeMy WebLinkAboutBylaw 1845 - REVISED Bylaw 1823 Road Closure Horseshoe3(ftechill
COUNTY REVISED BYLAW NO 1845
BEING A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA,
TO AUTHORIZE THE REVISION OF BYLAW NO. 1823
AND TO ADOPT REVISED BYLAW NO. 1845
WHEREAS the Municipal Government Act contains provisions that authorize a council to revise
municipal bylaws in order to correct clerical, grammatical, or typographical errors, or make changes to
make the meaning of a bylaw more clear, or improve the expression of the bylaw;
AND WHEREAS the Land Titles Office of the Province of Alberta has advised that the diagram illustrated
in Schedule "A" of Bylaw No. 1823 contains clerical errors, and that the diagram requires further
clarification;
AND WHEREAS the Council of Kneehill County wishes to correct and clarify the diagram illustrated in
Schedule "A" of Bylaw No 1823;
AND WHEREAS the Municipal Government Act contains provision providing that a revised bylaw does
not come into effect until a bylaw adopting the proposed revised bylaw be passed;
AND WHEREAS Council proposes to pass Bylaw 1845 in order to make revisions to Bylaw No. 1823;
AND WHERAS the Chief Administrative Officer of Kneehill County has certified that the proposed revised
Bylaw 1823 attached to this Bylaw as Appendix "A" has been revised in accordance with this Bylaw;
NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts:
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 outlined 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 Northwest quarter Section 22, Township 28, Range 21 West if the fourth Meridian which
lies between the production North-westerly of the Northeast limit of Road Plan 834LK and the
curvilinear production North-westerly of the Northeast limit of Road Plan 0714837. Containing
0.28 of a hectare (0.69 acres) more or less. Excepting thereout all mines and minerals."
The description for the Road Closure for Road Plan 834 LK as shown outlined in green in the
sketch below is as follows:
The remainder of Road Plan 834 LK within Northwest quarter section 22, Township 28, Range 21,
West of the Fourth meridian containing 0.63 hectare (1.56 acres) more or less.
Excepting Thereout all Mines and Minerals
READ a first time on this 30th day of November, 2021.
READ a second time on this 30th day of November, 2021.
UNANIMOUS permission for third reading given in Council on the 30th day of November, 2021.
READ a third time and final time of this 30th day of November, 2021.
Date Bylaw Signed
Reeve
erry Wittstock
CV Administrative Officer
Mike Haugen
3(tteehill
Appendix "A"
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:
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
2of3
S. W. 114 SEC.27
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LOT I N.W.114 S£C.22
101-(.aft) 19-]I-I
Excepting Thereout all Mines and Minerals
READ a first time on this 215t day of July, 2020.
PUBLIC HEARING held on the 18th day of August, 2020 at 10:00 a.m.
<�5' and-..
Date Bylaw Signed
Jao9 I J
Approved this ^6 day of tjAeCJ3 , 202
4�k)&Oec
Reeve
Jerry Wittstock
Gh 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 I 11� day of __�lnT__r 2021.
READ a third time and final time of this 1/1" day of _ a 2021.
K
Reeve
Date Bylaw Signed
CERTIFIED TRUE COPY
OF ORIGINAL DOCUMENT
SIGNED ........................................
DATE............................................
errs Wittstock
1rdministrative
ChieOfficer
Mike Haugen
This agreement made this _150' day of AYr 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 T'1-11 RF:[:ORr in consideration oi' tltr sum of ONE DOLLAR ($1.00) Dollar (the receipt and
sufficiency of which is hereby acknowledged) paid to the Landowner by the Company, and in consideration of
the multaal coWnants 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-ol=way within, across. upon, under, over and through that portion of the Lands
(hereinafter referred to its "the right-of-way") for Ilse purposes of surveying, erecting, burying,
installing, constructing, operating, maintaining, inspecting, patrolling (including aerial
patrolling), removing, replacing, reconstructing, filtering and repairing an electric distribution line
and all related equipment, including conductors, anchors, gguy 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 WrMIN 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
G11►-11
(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
NO the right to enter Urn and use that portion of the lands (hereinafter referred to as "the pad -mount
lands") for the purposes ol'putt'nng, 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:
l . 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 (lie right-of-way by the Company for the purposes of supponling electric energy conductors, other
wires and egnipment;
(b) "Electric Distribution Line" means a single series of structures located on the right-of-way and strung
with o:te 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, (lie Company shall not fence the right-of-way find/or the construction
and maintenance easement lands, or arty portion thereof, without the consent of the Landowner.
3. 'l'hc Company may, for its own purposes, construct gates in any fences which the Landowner might
construct on the right-ol-way. if such gates are constructed by the Company now or in the future, the Company
shall consult with the Landowner and, of 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 stn-Face 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 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 ally damage caused to the distribution line which
occurs as a result of Elie 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 willliil 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 suMercd by any person or persons, in respect of any lnss, injury, damage or
obligation to compensate, arising out of. or in connection with, or as a result ol' operations conducted by Elie
Coln party, as Weil as in respect of any loss, injury or damage arising out o1, 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
term ination ofthis 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 thou01) attachedto the land.
S. The Landowner shall not erect or store upon the right-Of=way ally buildings, strrrcturCS. materials,
agricultural products or equipment or any other obstructions that, in (Ile opinion of the Company, may in any
way interfere will) the safe and efficient distribution of-eiectrie energy, nor shall the landowner knowingly or
recklessly create any hazardous situations on the right-of-way or err) 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 tile Company 110 longer requires the right to maintalin a distribution line on the right-❑t-way.
it shall, within a reasonable period of time, remove its structures and terminate all rights and obligations
hereunder. Upon the Company removing its st•uctuMs li•om the right-ol'-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 CcrtificLate 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 aft:
Alberta Transportation
2nd Floor, 4999-98 Avenue
Edmonton, AB T613 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 [lie 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 Mays 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 orthe
Landowner or the Company. PROVIDED 140WEVE1i, the Company shall not be in default in the performance
of any of its covenants or obligations under this agrecment until the Landowner has notified tlae Company of
such de!'ault and the Company has failed to commence timely action to remedy the same upon receipt ol'such
notice. In any event, if defitult does occur, the remedy fbr such defaull shall he limited to damages or an order
for speci l is performance:.
14. This agreement is and shall be of the saute 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 cif 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 herctinto 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 [lie 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
ATCO O j R, TD.
C
Q
M • n Ga
Ma g Lands