BYLAW - Confirm Land Transactions - 19841001 - 271584BY-LAW,NUMBER 2715-84
OF THE MUNIC,IPAL CORPORATION OF' THE TOWN OF AURORA
A BY-LAW TO RATIFY AND CONFIRM VARIOUS LAND TRANSACTIONS IN THE
TOWN OF AURORA
WHEREAS, by virtue of Section 193(1) of the Municipal Act, R.S.O. 1980, Chapter
302, this Municipal Corporation is empowered to acquire land £or the purpose of
this Corporation and to dispose o£ land when it is no longer so required.
NOW THEREFORE, the Municipal Council of The Corporation of The Town of
Aurora hereby enacts as By-law No. 2715-84 of The Corporation of the Town of
Aurora the following:
l.
2.
3.
4.
5.
, 'I'hat the ,acceptance, by .. this Municipal Corporation of a conveyance
of that parcel or tract of land situate, lying and being in the
Town of Aurora, in the Regional Municipality of York and being
part of Lot No. 103, Registered Plan No. 246, which lands are
more particularly described as Part Nos. 2,3, and 4 on Reference
Plan No. 65R-626 from Frank Orsi Construction Limited by Deed of
Grant dated May 12, 1972 and registered on June 19, 1972 as Instru-
ment No. 121815 be ratified and confirmed.
That the acceptance by this Municipal Corporation of a conveyance
of that parcel or tract of land situate, lying, and being in the
Town of Aurora, in the Regional Municipality of York and being
part of Lot No. 103, Registered Plan No. 246 and part of Lot No.
82, Concession 1, which lands are more particularly described as
Part Nos. 1, 2, 3, 4, 5, 9 and 10 on Reference Plan No. 65R-3800
from Millford Development Limited by a Deed of Grant dated
April 7, 1981, and registered on April 24, 1981, as Instrument
No. 269950 be ratified and confirmed.
That the execution and delivery by this Municipal Corporation of a
conveyance of that parcel or tract of land situate, lying and
being in the Town of Aurora, in the Regional Municipality of York,
and being part of Lot No. 103, Registered Plan No. 246, which lands
are more particularly described as Part No. 3 on Reference Plan
No. 65R-4062 to Torcan Chemical Ltd. by a Deed of Grant dated
July 20, 1981, and registered on July 23, 1981, as Instrument No.
276689 be ratified and confirmed;
That that parcel or tract of land situate, lying and being in the
Tmm of Aurora, in the Regional Municipality of York, and being
part of Lot No. 103, Registered Plan No. 246, which lands are more
particularly described as Part Nos. 1 and 2 on Reference Plan No.
65R-4062 be conveyed to Universal Insulations Company Limited,
subject to an easement or right-of-way in favour of The Corporation
of The Town· of Aurora as set out in Schedule "A" to this By-law
over those lands described as Part No. 2, on Reference Plan No.
65R-4062 and that the Mayor and Clerk be authorized to execute
under the seal of The Corporation of The Town of Aurora all docu-
ments necessary to effect the sale of the lands.
That that parcel or tract of land situate, lying and being in
the Town of Aurora, in the Regional Municipality of York and
being part of Lot No. 105, Registered Plan No. 246, which lands
are more particularly described as Part No. 1 on Reference Plan
No. 65R-1005, save and except those lands which are described
as Part Nos. 1, 2 and 3 on Reference Plan No. 65R-5776 be acquired
from Universal Insulations 'company Limited and that the Mayor and
Clerk be authorized to sign and execute under the seal of The
Corporation of The Town of ~urora all documents necessary to
effect the acquisition of the lands. •
6.
By-law No. 2715-84 - 2 -
That the acceptance by this Municipal Corporation of an easement
or right-of-way from Universal Insulations Company Limited over
that parcel or tract of land situate, lying and being in the
Town of Aurora, in the Regional Municipality of York and being
part of Let No. 104, Registered Plan No. 246, which lands are
more particularly described as Part No's. 2 and 5 on Reference
Plan No. 65R-5776 by a Deed of Easement dated September 24, 1984,
a photocopy of which is attached hereto as Schedule "D" to this
By-law, be ratified and confirmed and that this Municipal
Corporation by its Mayor and Clerk be authorized to sign and
execute under seal of the Corporation of the Town of Aurora the
said deed of easement attached to this bylaw as Schedule "D" and
all documents ancillary thereto and arising therefrom.
READ A FIRST AND SECOND TIME TIUS I~ DAY OF ' 1984.
READ A THIRD TIME AND FINALLY PASSED THIS /~DAY OF tl~ , 1984.
Clerk
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SCHEDULE "A"
The following right, interest, and easement are hereby reserved thereout
and therefrom unto the Grantor and persons deriving title under it:
1. The sole and exclusive permission, right, interest, and easement
at any time or times, on, over, and under and through the lands more
particularly described in Schedule "B" attached hereto (hereinafter
referred to as the "Easement Lands") as the servient tenement hereto,
for the following purposes, namely:
IN PERPETUITY to construct, install, operate, maintain, inspect, alter,
remove, replace, reconstruct, enlarge and repair sewers, water mains,
drains, underground water courses, and appurtenances for every such
purpose and for all purposes necessary or incidental to the exercise
of the rights hereby created, and the Grantor shall have access to the
Easement Lands at all times by its servants, agents, contractors, and
its or their vehicles, supplies, and equipment, as appurtenant to the
dominant tenement of the Grantor, more particularly described in
Schedule "C" attached hereto.
The Grantee, for itself, its successors and assigns, covenants with the
Grantor, its successors and assigns, to remove from and keep the Ease-
ment Lands free and clear of any trees, building, structures, or
obstructions; to use the Easement Lands only as a lawn, garden bed,
flower bed, roadway, driveway, parking area, or railway siding area
and ancillary uses thereto, none of which shall be paved with a hard
concrete surface; and not to deposit on or remove any fill from the
Easement Lands and not to do or suffer to be done any other thing which
might injure or damage the said sewers, water mains, drains, or under-
ground water courses;
being part of the said lands conveyed by the Grantor to the Grantee by
the within Deed.
The Grantor covenants that it will restore the surface of the Easement
Lands to their approximate same condition and approximate level after
the original installation of the said sewers, water mains, drains, and
underground water courses and any excavation that may be necessary from
time to time for maintenance of the said sewers, water mains, drains,
or underground water courses as may have at any time been installed.
In the event that all or part of the Easement Lands are used or are to
be used as a railway siding benefitting or serving the lands conveyed
to the Grantee herein, which lands are described as Part Nos. 1 and 2
on Plan No. GSR-4062, then the Grantor hereby covenants and agrees with
the Grantee as follows:
1. To execute and deliver such agreements and documents as may
be required by Canadian National Railway, its successors and
assigns, (hereinafter referred to as the "CNR") to permit such
- 2 -
SCHEDULE "A" Con't.
railway siding to be installed and maintained across the Easement
Lands, provided that such agreements do not prevent the use of
the Easement Lands for the purposes aforesaid.
2. To pay all costs necessary for the protection of any sewers,
watermains, drains, or underground water courses, (hereinafter
referred to as the "Services"), existing On, over, under, or
through the Easement Lands as may be required by the CNR to
permit the installation of the railway siding.
3. To be responsible for all extra expenses and costs that may be
incurred in the construction, installation, or maintenance of
the railway siding across the Easement Lands arising from the
presence of the Services existing on, over, under or through the
Easement Lands.
SCHEDULE "B"
Those lands and premises located in the following municipality, namely, in
the Town of Aurora, in the Regional Municipality of York, and Province of
Ontario and being composed of Part of Lot No. 103, according to a Plan
registered in the Land Registry Office for the Registry Division of York
Region (No. 65) as Plan No. 246, Aurora, which lands are more particularly
described as Part Nos. 1 and 2 on a Plan deposited in the said Registry Office
as Plan No. 65R-4062.
:.:
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SCHEDULE "C"
Those lands and premises located in the following municipality, namely, in
the Town of Aurora, in the Regional Municipality of York, and Province of
Ontario and being composed of Part of Lot No. 103, according to a Plan
registered in the Land Registry Office for the Registry Division of York
Region (No. 65) as Plan No. 246, Aurora, which lands are more particularly
described as Part 3 on a Plan deposited in the said Registry Office as Plan
No. 65R-626.
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Newsome and Gilbert, Limited
Form 1162
SCHEDULE "D" Deed, without Spousal Consent Clause
~his Jjndtnturt
made in duplicate the day of
one thousand nine hundred and eighty-four
In Jursuantr nf t4t &iJnrt JJTnrms nf Qlnnutyanttll Art:
J!ltttuttn
and
UNIVERSAL INSULATIONS COMPANY LIMITED, a company
incorporated under the laws of the Province of
Ontario
hereinafter called the "Grantor"
OF THE FIRST PART
THE CORPORATION OF THE TOWN OF AURORA
hereinafter called the "Grantee"
OF THE SECOND PART
WHEREAS Insulec Sales Limited did amalgamate with and continue under the
name Universal Insulations Company Limited, the Grantor herein, by Articles
of Amalgamation dated January 31, 1979, a notarial copy of which was re-
gistered in the Land Registry Office for the Registry Division of York Region
(No. 65) on the day of , 1984 as Instrument No.
AND WHEREAS the Grantor is the owner of the within described lands and has
aqreed to grant a right, interest, and easement on, over, under, and through
the lands of the Grantor hereinafter described to the Grantee for the pur-
poses of construction of sewers 1 water mains, drains, and underground water
?11?11! 'fcou~~stl. ~· nt~~t ~ that in consideration of other good and valuable consideration and
the sum of Two-------------------($2.00)--------------------------DOLLARS
now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him acknowl-
edged, he the said Grantor DOTH GRANT unto the said Grantee its successors
and assigns the right, interest and easement, on, over, under, and through
the lands of the Grantor described as follows:
THOSE lands and premises located in the following municipality, namely,
in the Town of Aurora, in the Regional Municipality of York and Province
of Ontario
and being composed of part of Lot No. 104, according to a Plan registered in
the Land Registry Office for the Registry Division of York Region (No. 65)
as Plan No. 246, Aurora, which lands are more particularly described as
Part Nos. 2 and 5 on a Plan deposited in the said Registry Office as Plan
No. 65R-5776, (hereinafter referred to as the "Easement Lands"), for the
following purposes, namely:
IN PERPETUITY to construct, install, operate, maintain, inspect, alter,
remove, replace, reconstruct, enlarge, and repair sewers, water mains, drains,
underground water courses, and appurtenances for every such purpose and for
all purposes necessary or incidental to the exercise of the rights hereby
created, and the Grantee shall have access to the Easement Lands at all times
by its servants, agents, contractors, and its or their vehicles, supplies,
and equipment, as appurtenant to the dominant tenement of the Grantee,
more particularly described in Schedule "A" attached hereto.
The Grantor, for itself, its successors, and assigns, covenants with the Grant~e,
its successors and assigns,to remove from and keep the Easement Lands free and
clear of any trees, building, structures, or obstructions; to use the Easement
~ands only as a lawn, farm operation, garden bed, flower bed, roadway, .,
driveway, parking·area or railway siding area and ancillary uses thereto,
none of which shall be paved with a hard concrete surface; and not to deposit j
on or remove any fill from the Easement Lands and not to do or suffer to be done
any other thing which might injure or damage the said sewers, water mains,
drains, or underground water courses. :i
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Newsome and Gilbert, Limited
Form 1183
Deed, without Spousal Consent Clause
Pa&"e 2
July, 1979
The Grantee covenants that it will restore the surface of the Easement Lands
to their approximate same condition and approximate level after the original
installation of the said sewers, water mains, drains, and the underground
water courses and any excavation that may be necessary from time to time
for the maintenance of the said sewers, water mains, drains or underground
water courses as may have at any time been installed.
In the event that all or part of the Easement Lands are used or are to be
used as a railway siding benefitting or serving the lands owned by the
Grantor more particularly described in Schedule "B" hereto, then the Grantee
hereby covenants and agrees with the Grantor as follows:
1. To execute and deliver such agreements and documents as may be
required by Canadian National Railway, its successors and assigns,
(hereinafter referred to as the "CNR") to permit such railway
siding to be installed and maintained across the Easement Lands,
provided such agreements do not prevent the use of the Easement
Lands for the purposes aforesaid.
2. To pay all costs necessary for the protection of any sewers, water-
mains, drains, or underground water courses (hereinafter referred
to as the "Services") , existing on, over, under, or through . the
Easement Lands as may be required by the CNR to permit the installa-
tion of the railway siCing.
3. To be responsible for all extra expenses and costs that may be
incurred in the construction, installation, or maintenance of the
railway siding across the Easement Lands arising from the presence
of the Services existina on, over, under or through the Easement
Lands.
PROVIDED that in construing these presents the words 41 Grantor" and "Grantee" and the pronouns "he", 14 hisu
or "him" relating thereto and used therewith shall be read and construed as "Grantor" or "Grantors", "Grantee"
or "Grantees", and "he", "she", "it" or "they", "his", "her",. "its" or "thei.r", or "him 11
, "h~r", "it" or "them",
respectively, as t~e number ~nd gender of the party or pa~tes r:ferred to.m each case require, and th~ number
of the verb agreemg therewith shall be construed as agreemg With the sa1d word or pronoun so substituted.
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
&tgurll. &rultlluulllllrliurrrll
IN THE PRESENCE OF
UNIVERSAL INSULATIONS COMPANY LIMITED
Per:~7L~~~~~~~hFC:.~~-----------c./s Author~zed Signing Officer
Per: ~A~u~tLh~o~r'~~z~e'd-os:~-g~n'i=n=g~O&f&f:i=c=er=-------------
THE CORPORATION OF THE TOWN OF AURORA
Per:~-----------------------------------c/s
Mayor
Per:
nc'l=e=rLk--A~dm~~n=:i=s~tr=a=t~o=r=--------------------
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SCHEDULE "A II
Those lands and premises located in the following municipality, namely, in
the Town of Aurora, in the Regional Municipality of York, and Province of
Ontario and being composed of Part of Lot.No. 103, according to a Plan
registered in the Land Registry Office for the Registry Division of York
Region (No. 65) as Plan No. 246, Aurora, which lands are more particularly
described as Part 3 on a Plan deposited in the said Registry Office as Plan
No. 65R-626.
SCHEDULE "B"
Those lands ·and premises located in the following municipality, namely in
the Town of Aurora, in the Regional Municipality of York and Province of
Ontario and being composed of part of Lot No. 103, according to a Plan
registered in the Land Registry Office for the Registry Division of York
Region (No. 65) as Plan No. 246, Aurora, which lands are more particularly
described as Part No. 2 on a Plan deposited in the said Registry Office as
Plan No. 65R-4062.
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
of the
in the
make oath and say:
*See footnote I am a subscribing witness to the attached instrument and I was present and saw it executed
d b
•See footnote I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
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SWORN before me at the
this day of 19 l
A COMMISSIONER FOR TAKING AFFIDAVITS. ETC
• Where a parQI is unable to read the imtrumcnr or where a party signs by making hia mark or in foreinn characters add "after instrument had been .,.ead to him
and he appeared fully to understa:nd it". Where eucuted undeT a power of atton1ey il'l8ert "(name of attorney) as atWnun~ for (name of party)''; and for next
claU8e 8'Ubstitute "] verily believe that the person whose signature I witn~UJsed was authorized to e:eecute the instrument as attorney for (1lame)".
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