Order No. 1990-R-736

December 28, 1990

December 28, 1990

IN THE MATTER OF the overhead bridge carrying the "highway", namely High Road, across and over the track of Canadian Pacific Limited at mileage 9.11 Prescott Subdivision, in the City of Gloucester, in the Province of Ontario.

File No. 26727.1317


WHEREAS an application was made by Canadian Pacific Limited (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, for authority to reconstruct the subject overhead bridge;

AND WHEREAS the City of Gloucester (hereinafter the road authority) recommended that, in lieu of reconstruction of the bridge, High Road be made a cul-de-sac on each side of the railway, that the overhead bridge be removed, and that improvements be made to nearby Armstrong Road;

AND WHEREAS the road authority proposed that the applicant pay the cost of removing the overhead bridge, making a cul-de-sac on High Road on each side of the railway, and the advertising and legal cost to the road authority for the closing of High Road;

AND WHEREAS the road authority proposed that the applicant contribute to the upgrading of Armstrong Road in lieu of paying the costs of reconstruction and future maintenance of the overhead bridge;

AND WHEREAS the applicant agreed to the closing of the crossing and the removal of the overhead bridge;

AND WHEREAS the applicant agreed to pay the cost of making a cul-de-sac on High Road on each side of the railway, and of removing the overhead bridge;

AND WHEREAS the applicant agreed to pay the advertising and legal cost of the road authority to a maximum of $5,200 for the closing of High Road;

AND WHEREAS the applicant agreed to make a contribution of $70,000 towards the upgrading of Armstrong Road;

AND WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to close the crossing at mileage 9.11 of the Prescott Subdivision and to remove the overhead bridge in accordance with the agreement between the applicant and the road authority as described above.
  2. Costs shall be apportioned in accordance with the agreement between the applicant and the road authority as described above.
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