COUNTY OF NORTHERN LIGHTS #600, 7th Ave. Manning, AB T0H 2M0 • Ph: 780-836-3348 Fax:780-836-3663 • Toll Free 1-888-525-3481 THE SOUTH WEST QUARTER OF SECTION SEVEN (7) TOWNSHIP EIGHTY SEVEN (87) RANGE TWENTY THREE (23) WEST OF THE FIFTH MERIDIAN CONTAINING 65.2 HECTARES (161 ACRES) MORE OR LESS. EXCEPTING THEREOUT: 4.40 HECTARES (10.87 ACRES) MORE OR LESS FOR ROAD AS SHOWN ON PLAN 3907LZ. EXCEPTING THEREOUT ALL MINES AND MINERALS
FORM 1 EXPROPRIATION ACT (Section 8) NOTICE OF INTENTION TO EXPROPRIATE 1. Take Notice That the County of Northern Lights intends to expropriate an Easement in the form of a Utility Right of Way over the following land:
(the "Land"). B. There is currently a drainage ditch (the "Drainage Ditch") situated on the Land within the twenty (20) meter wide ROW (approximately 5.130 acres) (the "Drainage Ditch Area") shown on Attachment "A".
All those portions of the lands described below and as shown as shaded in red (or grey if black and white drawing) on enclosed drawings, attached as Schedule "A", being: MERIDIAN 5 RANGE 23 TOWNSHIP 87 SECTION 6 ALL THAT PORTION OF THE NORTH WEST QUARTER LYING GENERALLY TO THE NORTH AND WEST OF THE LEFT BANK OF THE WHITEMUD RIVER CONTAINING 54.4 HECTARES (134.40 ACRES) MORE OR LESS EXCEPTING THEREOUT 2.31 HECTARES (5.72 ACRES) MORE OR LESS FOR ROAD AS SHOWN ON ROAD PLAN 3907LZ EXCEPTING THEREOUT ALL MINES AND MINERALS TOGETHER WITH FULL POWER TO WORK THE SAME AS SET FORTH IN NOTIFICATION 38911
C. The County wishes to acquire an easement over the Drainage Ditch Area by way of a Utility-Right-of-Way, including any schedules, amendments and supplements hereto (the "Agreement") in the Land for the purpose of operating and maintaining the Drainage Ditch in relation to the operation of the Dixonville Wastewater Treatment Lagoon. D. The County by registration of a Certificate of Approval under the Expropriation Act, R.S.A. 2000 c. E-13 (the "Act") shall thereafter have expropriated the Agreement in, upon, under and across the Land in accordance with the terms of this Agreement. E. The Utility-Right-of-Way contained in this Agreement is in accordance with Section 69 of the Land Titles Act, R.S.A. 2000 c. L-4 as the rights created by this Agreement are necessary for drainage.
THE SOUTH WEST QUARTER OF SECTION SEVEN (7) TOWNSHIP EIGHTY SEVEN (87) RANGE TWENTY THREE (23) WEST OF THE FIFTH MERIDIAN CONTAINING 65.2 HECTARES (161ACRES) MORE OR LESS. EXCEPTING THEREOUT: 4.40 HECTARES (10.87 ACRES) MORE OR LESS FOR ROAD AS SHOWN ON PLAN 3907LZ. EXCEPTING THEREOUT ALL MINES AND MINERALS
NOW THEREFORE in consideration of the sum which is to be determined in accordance with the Act after the registration of the Certificate of Approval and of the grants, covenants and agreements contained herein on the respective parts of the County and the Owners to be kept, observed and performed, the parties covenant as follows: 1.
2. The nature of the interest in the lands intended to be expropriated is a 20 meter wide Easement for the purposes of a Utility Right of Way in approximately 5.130 acres shown collectively on Schedule "A" and as more particularly described in the Utility Right of Way, attached as Schedule "B", in and to the aforesaid lands and the interest of all persons therein that extends through the aforesaid lands. 3.
1.1 The Owners do hereby grant to the County and its successors, assigns, agents, employees, workmen, contractors, subcontractors, licensees, permitees, servants and officials and all persons thereby authorized, in perpetuity, the exclusive, full, free and uninterrupted right, license, liberty, privilege and easement to enter, labour, go, work, be on, return, pass and repass the Drainage Ditch Area for the purpose of operating, using, inspecting, monitoring, maintaining, repairing, replacing, testing, altering, improving, removing and restructuring from time to time the Drainage Ditch, together with any and all appurtenances incidental or necessary in relation thereto (the "URW").
The work or purpose for which the interest in the land is required is: The operation and maintenance of a drainage ditch for the drainage and operation of the Dixonville Wastewater Treatment Lagoon.
1.2 From and after the registration of the Certificate of Approval pertaining to this Agreement, the County and its successors, assigns, agents, employees, workmen, contractors, subcontractors, licensees, permitees, servants and officials and all persons thereby authorized, in perpetuity, shall be entitled at all times by day and night to enter upon and access the Land for the sole purpose of occupying, maintaining and occupy the Drainage Ditch Area with or without vehicles, equipment, and any materials or supplies, motorized or otherwise, for the purpose of exercising the rights and privileges granted to the County under this Agreement.
4. Section 6 of the Expropriation Act (the "Act") provides that: (1)
No person may in any proceedings under this Act dispute the right of an expropriating authority to have recourse to expropriation.
In any proceedings under this Act, the owner may question whether the taking of the land, or the estate or interest in it, is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.
GRANT OF UTILITY-RIGHT-OF-WAY
5. Section 10 of the Act provides that: (1)
2.1 The Owners shall not build, erect, or maintain nor permit or suffer to be built, erected or maintained any building or other structure that would prevent, restrict or interfere with the use of the Drainage Ditch Area for the intended purposes granted above and shall not do anything that would be contrary to this Agreement.
An owner who desires an inquiry shall serve the approving authority with a notice of objection: in the case of an owner served in accordance with section 8(2), within 21 days of service on him of the notice of intention, and
2.2 The Owners shall not in any manner whatsoever obstruct or cause to be obstructed the Drainage Ditch Area, including the Drainage Ditch by the deposit therein of any debris or material whatsoever or by reason of the use of the Lan d.
in any other case, within 21days after the first publication of the notice of intention.
The notice of objection shall state
the name and address of the person objecting,
the nature of the objection,
the grounds on which the objection is based, and
THE COUNTY OF NORTHERN LIGHTS (the "County")
the nature of the interest of the person objecting.
- and JOHN RAYMOND KRYSZTAN and KAREN LORAINE KRYSZTAN (collectively, the "Owners")
A person affected by the proposed expropriation does not need to serve an objection to the expropriation in order to preserve his right to have the amount of compensation payable determined by the Board or the Court, as the case may be. RECITALS:
The approving authority with respect to this expropriation is: The County of Northern Lights Suite 600, 7th Avenue NW Manning, Alberta T0H 2M0
Dated this 10th day of September, 2019.
County of Northern Lights c/o Reynolds, Mirth, Richards & Farmer LLP 3200, 10180 - 101 Street Edmonton, Alberta TSJ 3W8
A. The Owners are the registered fee simple owners of the lands legally described as: MERIDIAN 5 RANGE 23 TOWNSHIP 87 SECTION 6 ALL THAT PORTION OF THE NORTH WEST QUARTER LYING GENERALLY TO THE NORTH AND WEST OF THE LEFT BANK OF THE WHITEMUD RIVER CONTAINING 54.4 HECTARES (134.40 ACRES) MORE OR LESS EXCEPTING THEREOUT 2.31 HECTARES (5.72 ACRES) MORE OR LESS FOR ROAD AS SHOWN ON ROAD PLAN 3907LZ EXCEPTING THEREOUT All MINES AND MINERALS TOGETHER WITH FULL POWER TO WORK THE SAME AS SET FORTH IN NOTIFICATION 38911
USE & MAINTENANCE
3.1 The County shall have the right to do whatever may be requisite for the enjoyment of the rights herein granted, including, but not limited to, the right to clear the Drainage Ditch of timber or brush or other such debris. 3.2 The County shall assume the responsibility for the maintenance of the Drainage Ditch Area and any and all costs and work associated with operating and maintaining the Drainage Ditch shall be borne by the County. 4.
4.1 The County by performing and observing the terms and conditions of this Agreement shall peaceably hold and enjoy all the rights granted under this Agreement, without hindrance or interruption from the Owners or any person claiming through, under or from the Owners . 5.
5.1 Except to the extent attributable to the negligence of the Owners or their respective successors, assigns, agents, employees, workmen, contractors, subcontractors, licensees, permitees, servants and officials and all persons thereby authorized, the County: (a) shall be liable to the Owners for; and (b) shall indemnify and hold harmless the Owners from and against;
COUNTY OF NORTHERN LIGHTS #600, 7th Ave. Manning, AB T0H 2M0 • Ph: 780-836-3348 Fax:780-836-3663 • Toll Free 1-888-525-3481 any and all liabilities, claims, suits or actions, costs, damages and expenses (and without limiting the generality of the foregoing, legal fees on a solicitor and his own client on a full indemnity basis and any direct losses, costs, damages and expenses of the Owners), which may be brought or made against the Owners or any of them, or which the Owners may pay or incur as a result of or in connection with: (a)
any breach, violation or non-performance by the County, its successors, assigns, agents, employees, workmen, contractors, subcontractors, licensees, permitees, servants and officials and all persons thereby authorized of its covenants or obligations pursuant to this Agreement;
(b) any physical damage to the Owners' property, including, without limitation, physical damage to the Land, occasioned by the construction, use and operations of the County, its successors, assigns, agents, employees, workmen, contractors, subcontractors, licensees, permitees, servants and officials and all persons thereby authorized within the Drainage Ditch Area;
6.3 This Agreement is and shall be of the same force and effect to all intents and purposes as a covenant running with the Land and the County is entitled to register this Agreement or a caveat claiming an interest pursuant to this Agreement against title to the Land. 6.4 If any term or condition of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected and each remaining term and condition shall be valid and be enforced to the fullest extent permitted by law. 6.5 This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and assigns. Every reference to a party in this Agreement will be deemed to include their heirs, executors, administrators, successors, successors in title, assigns, officers, servants, employees, contractors and subcontractors where the context so allows. The obligations of the Owners shall be joint and several. 6.6 This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. The parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Alberta.
(c) any injury to persons, including death, on the Land resulting at any time from the construction, use and operations of the County, its successors, assigns, agents, employees, workmen, contractors, subcontractors, licensees, permitees, servants and officials and all persons thereby authorized within the Drainage Ditch Area; and
6.7 The waiver by the County or the Owners of the strict performance of any of the provisions of this Agreement shall not of itself constitute a waiver of or abrogation of any other provision nor waiver or abrogation of any subsequent breaches of same.
such indemnity shall survive the termination or assignment of this Agreement.
(a) the word "shall" is to be read and interpreted as mandatory;
(b) the word "may" is to be read and interpreted as permissive; and
6.1 There are no conditions, either subsequent or precedent, except as stated in this Agreement. This Agreement is the entire agreement between the County and the Owners and no representations or warranties have been made by the County, except as stated in this Agreement. 6.2 The County may assign, transfer or otherwise dispose of its interest under this Agreement or any portion thereof. Notwithstanding the foregoing, in the event of the County assigning, transferring or otherwise disposing of its interest under this Agreement or any portion thereof, the County shalt cause the assignee or transferee to execute and deliver to the Owners a written undertaking of such assignee or transferee: (a) to observe, perform and comply with all provisions of this Agreement, the responsibility and liability of which is the County's; and (b) to cause any subsequent assignee or transferee to execute and deliver to the Owners an identical written undertaking. Subject to section 5, upon the execution of such written undertaking, the County shall, without further written instrument, be released of any further obligations under this Agreement. For clarity, the County's licencing of the Drainage Ditch Area to its contractor for the operation and maintenance of the Drainage Ditch, or any part thereof, is not an assignment, transfer or disposition of its interest herein.
6.8 In this Agreement:
(c) the word "Owners" shall be read and interpreted as meaning an individual, a partnership, a corporation, a trust, an unincorporated organization, a government, or any department or agency thereof. IN WITNESS WHEREOF this Agreement is effective as of the date of registration of the Certificate of Approval pursuant to the Act.
LEGALLY REVIEWED AND APPROVED: AS TO CONTENT: ____________________ AS TO FORM:
COUNTY OF NORTHERN LIGHTS Per: (County Seal)
_________________________________ JOHN RAYMOND KRYSZTAN _________________________________ KAREN LORAINE KRYSZTAN
NOTICE OF PUBLIC HEARING PROPOSED LAND USE BYLAW AMENDMENT #19-61-431 COUNTY OF NORTHERN LIGHTS Bylaw 19-61-431 proposes the following text amendments to the County of Northern Lights Land Use Bylaw (LUB) No. 12-61-290: 1.
Update the definitions of Board, Secretary and Variance in section B to reflect the new SDAB name and bylaw.
Update sections F4.2, G1.1 and G2.1 to reflect the new SDAB name, and for consistency with Section B.
Update form B and replace forms D, E and F of Schedule 1 to adopt the standardized forms created by the new Peace Regional SDAB.
A copy of this bylaw and supporting documentation may be viewed at the County Office in Manning during regular business hours. A Public Hearing shall be held to hear representations on the proposed bylaw on Tuesday, October 8th, 2019 at 11:00 a.m. in the Council Chambers at the County Office in Manning. Any person wishing to make a submission may appear before Council at this time. Written submissions concerning this bylaw must be received at the Municipal District Office no later than 3:00 p.m. on Friday, October 4th, 2019. For further information, contact the County office.
COUNCIL MEETINGS Tuesday, October 8 Tuesday, October 22 OFFICE HOURS Monday to Thursday 8:00 a.m. to 4:30 p.m. Fridays 8:00 a.m. to 3:00 p.m. Closed during lunch hour 12 Noon - 1:00 p.m.