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BYLAW - Conveyance of Land - 19801103 - 240080l.Ji ··'-._/ BY-LAW 2400-80 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO SIGN DEEDS CONVEYING LANDS FROM THE TOWN OF AURORA TO SUBURBAN LATHING AND ACOUSTICS LIMITED, ELIO PAINTING LIMITED and EDDIE TATONE AND DOMINIC VALSI. The Council of the Corporation of the Town of Aurora enacts as follows: 1. That the Mayor and Clerk. be and they are hereby authorized on behalf of the Town of Aurora, to sign deeds between The Corporation of the Town of Aurora and Suburban Lathing and Acoustics Limited, Parts 2 and 4, Registered Plan 65R-3453. 2. That the Mayor and Clerk be and they are hereby authorized on behalf of the Town of Aurora, to sign deeds between The Corporation of the Town of Aurora and Elio Painting Ltd., Part 5, Registered Plan 65R-3453. 3. 4. That the Mayor and Clerk be and they are hereby authorized on behalf of the Town of Aurora, to sign deeds between The Corporation of the Town of Aurora and Eddie Tatone and Domenic Valsi, Parts 1, 3 and 6, Registered Plan 65R-3453. A copy of the said Deeds are attached hereto. READ A FIRST AND SECOND TIME THIS 3rd DAY OF November, 1980. Cle.P+ READ A THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF November, 1980. Mayorkr 9 Clori~ .. ·,~ . ' ~ . . T H I S I N D E N T U R E made in duplicate this 29th day of October , 19 80 In Pursuance of the-Short Forms of Conveyances Act: B E T W E E N: THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "grantor" OF THE FIRST PART -and - SUBURBAN LATHING AND ACOUSTICS LIMITED, a Corporation incorporated under the laws of the Province of Ontar.io' in Trust, (hereinafter called the "grantee") OF THE SECOND PART WITNESSETH that in consideration of other good and valuable consideration and the sum of--:-----------------TWO------------- -----~--------($2.00)-------------------------------Dollars of lawful money of Canada now paid by the said grantee to the said grantor (the receipt whereof is hereby by it acknowledged) the said grantor DOTH GRANT unto the said grantee, in fee simple ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York, and being composed of Part of Lot 77, Concession 1 on the East side of Yonge Street (formerly in the Township of Whitchurch, in the County of York), more particularly described as Parts 2 & 4 on a Plan deposited in the said Registry Office as Plan 65R-3453. - 2 - TO HAVE AND TO HOLD unto the said grantee, its successors and assigns to and for its and their sole and only use forever, SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. THE said grantor covenants with the grantee that it has the right to convey the said lands to the said grantee notwithstanding any act of the said grantor. AND that the said grantee shall have quiet possession of the said lands free from all encumbrances. AND the said grantor covenants with the said grantee that it will execute such further assurances of the said lands as may by requisite. AND the said grantor covenants with the said grantee that it ·has done no act to encumber the ·said lands. AND the said grantor releases to the said grantee all claims upon the said lands. AND subject to the restrictive covenant as set.out in Schedule II A II • AS WITNESS the Corporate Seals of The Corporation of the Town of Aurora and SUBURBAN LATHING AND ACOUSTICS LIMITED, duly attested by their proper officers in that behalf. THE CORPORATION OF THE TOWN OF AURORA Per: SUBURBAN LATHING AND ACOUSTICS LIMITED Per: ----·-····-·--·-····~· ·~···- .. SCHEDULE "A" WITH the intent that the burden of this covenant shall run with and bind the lands herein, and the benefit of this convenant shall attach to and run with the lands of the grantor shown as Part 7 on Plan 65R-3453, the grantee hereby covenants and agrees with the grantor that no building or structure shall be erected or placed upon the lands granted herein for a period of twenty (20) years from the 17th day of November , 1980, unless a site plan showing the same and plans, elevations and specifications for such buildings or structures shall have been approved in writing by the grantor with the intent that the standards for siting, landscaping and appearance of such build- ings or structures shall be of the standard presently set in the Town of Aurora by the buildings of Sterling Drug Limited on Yonge Street South and Aluminum Company of Canada Ltd. on Dunning Avenue, and in the event that the parties are unable to agree as to whether such standards have been met, the dispute will be submitted to arbitration by an independent architect appointed by the parties or, in the event of failure to agree on such appointment, an architect names by the Secretary of the Ontario Association of Architects; such standards to be reasonable. AND with the further intention ·that the burden of this convenant shall run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the g-rantor shown as Part 7 on Plan 65R-3453 , the grantee hereby covenants and agrees with the grantor that prior to the 17th day of November , 2000 , no buildinJ or structures will be erected upon the lands hereby conveyed requiring a sanitary sewer capacity greater than-2,00? gallons per acre per day. ( DATED the 29th day of October , 1980. THE CORPORATION OF THE TOWN OF AURORA TO • SUBURBAN LATHING AND ACOUSTI.CS LIMITED DE E D e Part of Lot 77, Cone. 1 STRATHY, ARCHIBALD & SEAGRAM Barristers & Solicitors Box 438, Commerce Court West Toronto, Ontario MSL 1J3 DEH/dd ( ---) •• _____ _§. •' ~ i 1l :j j· ~: :--;· ' ~ i I I 1 I ! II I l / ,· __ , . \' T H I S I N D E N T U R E made in duplicate this 29th day of October , 1980 In Pursuance of the Short Forms of Conveyances Act: B E T W E E N: THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "grantor" OF THE FIRST PART -and - ELIO PAINTING LTD., a Cc:qioration incorporated under the laws of the Province of Ontario, in Trust, (hereinafter called the "grantee") OF THE SECOND PART WITNESSETH that in consideration of other good and valuable consideration and the sum of-------------------TWO------------- --------------($2.00)-------------------------------Dollars of lawful money of Canada now paid by the said grantee to the said grantor (the receipt whereof is hereby by it acknowledged) the said grantor DOTH GRANT unto the said grantee, in fee simple ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional JY!unicipality of York, and being composed of Part of Lot 77, Concession 1 on the East side of Yonge Street (formerly in the Township of Whitchurch, in the County of York), more particularly described as Part 5 on a Plan deposited in the said Registry Office as Plan 65R-3453. .. ~~--~--·------------------- :; - 2 - TO HAVE AND TO HOLD unto the said grantee, its successors and assigns to and for its and their sole and only use forever, SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. THE said grantor covenants with the grantee that it has the right to convey the said lands to the said grantee notwithstanding any act of the said grantor. AND that the said grantee shall have quiet possession of the said lands free from all encumbrances. AND the said grantor covenants with the said grantee that it will execute such further assurance"s of the said lands as may by requisite. AND the said" grantor covenants with the said grantee that it has done no act to encumber the "said lands. AND the said grantor releases to the said grantee all claims upon the said lands. AND subject to the restrictive covenant as set out in Schedule II A II • AS WITNESS the Corporate Seals of The Corporation of the Town of Aurora and ELIO PAINTING LTD, duly attested by their proper officers in that behalf. THE CORPORATION OF THE TOWN OF AURORA Per: ELIO PAINTING LTD. Per: -------"-"-------""--------"-------"---------"------------- SCHEDULE "A" WITH the intent that the burden of this covenant shall run with and bind the lands herein, and the benefit of this convenant shall attach to and run with the lands of the grantor shown as Part 7 on Plan 65R-3453, the grantee hereby covenants and agrees with the grantor that no building or structure shall be erected or placed upon the lands granted herein for a period of twenty ( 20) years .from the 17th day of November , 198 0, unless a site plan showing the same and plans, elevations and specifications for such buildings or structures shall have been approved in writing by the grantor with the intent that the standards for siting, landscaping and appearance of such build- ings or structures shall be of the standard presently set in the Town of Aurora by the buildings of Sterling Drug Limited on Yonge Street South and Aluminum Company of Canada Ltd. on Dunning Avenue, and in the event that the parties are unable to agree as to whether such standards have been.met, the dispute will be submitted to arbitration by an independent architect appointed by the parties or, in the event of failure to agree on such appointment, an architect names by the Secretary of the Ontario Association of Architects; such standards to be reasonable. AND with the further intention that the burden of this convenant shall'run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the <Jrantor shown as Part 7 on Plan 65R-3453 , the grantee hereby covenants and agrees with the grantor that prior to the 17th day of November , 2000 , no buildinJ or structures will be erected upon the lands hereby conveyed requiring a sanitary se\ver capacity greater than 2,000 gallons per acre per day. DATED the 29th day of October , 198 0. THE CORPORATION OF THE TOWN OF AURORA TO ELIO PAINTING LTD. D E E D Part of Lot 77, Cone. 1 STRATHY, ARCHIBALD & SEAGRAH Barristers & Solicitors Box 438, Commerce Court West Toronto, Ontario HSL 1J3 DEH/dd So ---___ __.-· . ' ' . ------------. --~~.:_ _____ _ .. T H I S I N D E N T U R E made in duplicate th:j_s 29th day of October 1 19 80 In Pursuance of the Short Forms of Conveyances Act: B E T W E E N: THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "grantor" OF THE FIRST PART -and - EDDIE TATONE, 'Executive, of the Town of Caledbn, in the Regional Municipality of Peel, and DOMENIC VALSI, Executive, of the Borough of Etobicoke, in the· ~unicipality of Metropolitan Toronto, 1n Trust, (hereinafter called the 'grantee") OF THE SECOND PART WITNESSETH that in consideration of other good and valuable consideration and the sum of--:-----------------TWO------------- -----~--------($2.00)-------------------------------Dollars of lawful money of Canada now paid by the said grantee to the said grantor (the receipt whereof is hereby by it acknowledged) the said grantor DOTH GRANT unto the said grantee, in fee simple ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional JY!unicipality of York, and being composed of Part of Lot 77, Concession 1 on the East side of Yonge Street (formerly in the Township of Whitchurch, in the County of York), more particularly described .. as Parts 1,-;l''imd 6 on a Plan deposited in the said Registry Office as Plan 65R-3453. --~--------------------,. . ', - 2 - TO HAVE AND TO HOLD unto the said grantee, its successors and assigns to and for its and their sole and only use forever, SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. THE said grantor covenants with the grantee that it has the right to convey the said lands to the said grantee notwithstanding any act of the said grantor. AND that the said grantee shall have quiet possession of the said lands free from all encumbrances. AND the said grantor covenants with the said grantee that it will execute such further assurances of the said lands as may · by requisite. AND the said grantor covenants with the said grantee that.it has done no act to encumber the ·said lands. AND the said grantor releases to the said grantee all claims upon the said lands. AND subject to the restrictive covenant as set out in Schedule II A II • AS WITNESS the hands and seals of the Grantee and the Corporate Seal of The Corporation of the Town of Aurora duly a±:tested by its proper officers in that behalf. SIGNED, SEALED & DELIVERED in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOl%1 OF AURORA Per: EDDIE TATONE DOMENI.C VALSI ····------:...:.:..C __ _ SCHEDULE "A" WITH the intent that the burden of this covenant shall run with and bind the lands herein, and the benefit of this convenant shall attach to and run with the lands of the grantor shown as Part 7 on Plan 65R-3453, the grantee hereby covenants and agrees with the grantor that no building or structure shall be erected or placed upon the lands granted herein for a period of twenty (20) years from the 17th day of November , 1980, unless a site plan showing the same and plans, elevations and specifications for such buildings or structures shall have been approved in writing by the grantor with the intent that the standards for siting, landscaping and appearance of such build- ings or structures shall be of the standard presently set in the Town of Aurora by the buildings of Sterling Drug Limited on Yonge Street South and Aluminum Company of Canada Ltd. on Dunning Avenue, and in the event that the parties are unable to agree as to whether such standards have been met, the dispute will be submitted to arbitration by an independent architect appointed by the parties or, in the event of failure to agree on such appointment, an architect names by the Secretary of the Ontario Association of Architects; such standards to be reasonable. k~D with the further intention that the burden of this convenant shall run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the ~Jrantor shown as Part 7 on Plan 65R-3453 , the grantee hereby covenants and agrees with the grantor that prior to the 17th day of November , 2000 , no buildinJ or structures will be erected upon the lands hereby conveyed requiring a sanitary sewer capacity greater than 2,000 gallons per acre per day. ·'-~~.---. ' NewSo.me and Gilbert. Limited Combined Forms: Afiidavit of Subscribing Witness Age and Spousal Status Form 1G0'1' *See footnote *See footnote AFFIDAVIT OF SUBSCRIBING WITNESS I, of the in the make oath and say: I am a subscribing w~tness to the attached instrument and I was present and saw it executed at by EDDIE TATONE I verily believe that each person whose signature I witnessed is the party of the same name referr~d to in the instrument. . SWORN before me at the l this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. • Where a party is unable W read the instrument 01' where a party signs by making his mark or in foreign characters add "after instrum.ent had been read to h-im a'11d he appeared /uUy W understand it". Where eucuted under a power of attorney insert "(name of atf.crtum) as attorney for (name of party)"; and fer nezt clause substitute "1 verily believe that the per&m whose sig11ature I witnesood was authorized to ezecute the i718trument as attorney few (-name)". • Jf attorney, see footnote Strike out inapplicable clauses. ••Nota matrimonial home, etc., see footnote. Resident of Canada, ete. AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I XX~ EDDIE TATONE of the City of North York in the Municipality of Metropolitan Toronto (severally) make oath and say: When j WE executed the attached instrument, I WAS tX~~~ at least eighteen years old j and within the meaning of section 1 (/) of The. Family Law Re{o1·m .Act, 1978, (a) I WAS / I WAS NOT a spouse. (b) (c) We were spouses of one another. (SEVERALLY) SWORN before me at the this day of 19 A COMMISSIONE:R FOR TAKING AFFIDAVITS, ETC. l J was my spouse. Edd~e Tatone • Note: Where affidavit »•ade by an rdtorney substitute: "When I ezecuted th<.! ctftaC"hC"d in~trmne11t fiB atroruey for (name), he/she wa.s (spousal status, ancl if applicable. name of other spouse) within the meaning of 1<Cdion J(f) of The fo'umily Law Reform AC"t, 1978 and when he/she executed the power of attorney. he/she had attained the UIJC of majority". •• Note: See Section~:!!($) of The Fumily Law Reform Act, 1978 where spouse doe>~ not join in or C011$ent; or complete a separate affidavit. . ' ~ . . . .. ' .. · __ :....:~_.:.__.. __ ...:..~~·..: .... _~''"''~'~-W.rn;,.,C""".='=<¢."=~~"'~"''\!!("'==<-"""'''"'"'"'~"'~~.,..,;_-_._, -·-··-•-••·•••'-'·-• .- l\~Wttome and Gilbert, Limited J:o'o'rm 10~7. , Combined Form~: Affidavit ()f Subacribing Witnes~ Age and Spousal Status •See footnote •see footnote I, of the in the I am at AFFIDAVIT OF SUBSCRIBING WITNESS ') make oath and say: a subscribing witness to the attached instrument and I was present and saw it executed by DOMENIC VALSI I verily be_lieve that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the l this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. • Where a party is unable to read the instrument OT where a party signs by making his mark or in foreiun chaTilCters add "after imrtTument had been read to him ami he appeared fu.Uy to umkrstand it". Where eucuted under a power of attorney insert "(name of attorney) aa attorney for (11ame of party)"; and for nezt cla.U86 substitute "I verily believe that the person whose signature I witn688ed was authorized to execute the imtrument as attorney for (name)". • H attorney, see footnote Strike out inapplicable clauses. ••Nota matrimonial home, etc., see footnote. AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I XXlmX DOMENIC VALSI of the City of North York in the Municipality of Metropolitan Toronto (severally) make oath and say: When I XXlW®C executed the attached instrument, I WAS I X\XK~ at least eighteen years old; and within the meaning of section 1(/)-of The Family Law Rejo1·m Act, 1978, (a) I WAS I I WAS NOT a spouse. (b) was my spouse. (c) We were spouses of one another. ~~ · Resident of Canada, etc. l (SEVERALLY) SWORN before me at the Domenic Valsi this day of 19 A COMMlSSION!':R FOR TAKING AFFIDAVITS, ETC. • Note: Where affidavit ·made by an attort!ey substitute: "When I executed the (t//ached iustrumellf as attor11cy for (11ame). he/she was (spou8Ul status, anrl if applicable. name of other S1JOU!1e) within the mea11ing of section Jf/) of The f'amily Law Relorm Art, 1978 a1ul when he/she e:~::ecuted the power of attorney. he/she had attained the ag!l of majority". u Note: See Section ~2(3) of Th1~ Family Law Reform Act, 1978 where sPOUSe does not join in or consent: or complete a separate af!Uk;,vit. .. DATED the 29th day. of October , 1980. THE CORPORATION OF THE TOWN OF AURORA TO EDDIE TATONE AND DOMINIC VALSI D E E D Part of Lot 77, Cone. 1 STRATHY, ARCHIBALD & SEAGRAM Barristers & Solicitors Box 438, Commerce Court West Toronto, Ontario MSL 1J3 DEH/dd ·--~-----/ I I I i ): I [ ._ ~ I I i ! I I ! I I ' ~ l j I l ' I I i: