BYLAW - Sale of Block N - 19890222 - 304488'
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BY-LAW NUMBER 3044-88
OF THE CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW to stop up and to
c 1 ose for all purposes and to se 11
to the abutting land owners, Block
N as laid out by Plan M-57.
WHEREAS, Block N, Plan M-57 was laid out, dedicated and assu.ed as a
public highway in and for this Corporation;
AND WHEREAS, the said Block N, Plan M-57 is no longer required for the
purposes of The Corporation of the Town of Aurora.
NOW THEREFORE, the Council of the Corporation of the Town of Aurora
ENACTS AS FOLLOWS:
1.
2.
3.
4.
5.
That Block N, Plan M-57 (hereinafter called the "Land") is hereby
closed and stopped up for all purposes.
That the Land is no longer required for the purposes of The
Corporation of the Town of Aurora.
That The Corporation of the Town of Aurora sell the Land as provided
hereinafter:
a) that part of the Land designated a Part 1 on a Reference Plan
dated November 1, 1988 prepared by Lloyd and Purcell Ltd.,
Ontario Land Surveyors a copy of which is attached hereto
(hereinafter called the "Survey") as Schedule "A" to be sold to
the registered owners of Lot 188, Plan M-57 upon the following
terms:
i)
i i)
the purchase price at which the said Part 1 shall be conveyed
shall be $2.00 plus fifty percent (50%) of the Town's legal
and surveying cost; and
this Corporation shall reserve for itself, its successors and
assigns an unencumbered right, interest and easement
necessary as a result of the underground services installed
beneath the said Part 1.
b) that part of the Land designated as Part 2 on the Survey to be
sold to the registered owners of Lot 189, Plan M-57 upon the
following terms:
i)
i i)
the purchase price at which the said Part 1 shall be conveyed
shall be $2.00 plus fifty percent (50%) of the Town's legal
and surveying costs; and
this Corporation shall reserve for itself, its successors and
assigns an unencumbered right, interest, and easement
necessary as a result of the underground services installed
beneath the said Part 2.
That the Mayor and the Clerk are hereby authorized to execute such
documents as may be required to complete the sale of the Land as
aforesaid.
That there shall· be attached to this By-law as Schedule "B" the
Affidavit of the Clerk of The Corporation of the Town of Aurora
setting out the procedures taken for publishing of notice pursuant to
the provisions of the Municipal Act.
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6. That Schedules "A" and "B" form part of this By-law.
7. That this By-law shall come into force and be effective upon final
passage thereof.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF November, 1988.
READ A THIRD TIME AND FINALLY PASSED THIS 22 DAY OF February 198#.1
TOWN OF AURORA
CERTIFIED TRUE COPY
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"N•"'Ir''IIIM •nd Gilbert. Lhnitled, Toi'OIIto
Form Ul
]u tqr !11lattrr of By-Law No. 1988 -Q!anaba
PROVINCE OF ONTARIO being a By-law to stop up and to close for all purposes
and to sell to the abutting land owners a portion of
Block N as laid out by Plan M-57
To Wit:
]I Colleen Gowan .:n.
ofthe Town of Aurora in the
Regional Municipality of York
io ~olrmuly ilrtlarr. that
1. I am the Clerk of the Corporation of The Town of Aurora and as such have knowledge
of the matters herein deposed to.
2. Pursuant to the provisions of Section 301 of the Municipal Act RSO 1980
I did cause the Notice annexed hereto as Exhibit "A", to be published under
Legal Notices for FOUR (4) consecutive weeks, in the Aurora Banner newspaper
having general circulation in the area on May 20, 1987, May 22, 1987; June 3,
1987 and on June 10, 1987.
3. Annexed hereto now shown to me and marked as Exhibit "A" to this my Declaration
is a true copy of the Notice published as aforesaid.
4. The proposed By-law for the closure of the said Block came before the Council of The
Corporation of The Town of Aurora on the 23rd day of November , 1988 and
for first and second reading consideration.
5. The proposed By-Law for the closure of the said Block came before the
Council of the Corporation of the Town of Aurora on the 22nd day of
February, 1989 for third and final reading consideration.
6. No one, either in person or by his Counsel, Solicitor or Agent appeared
before council, ,from the time of first publication through to third and
final reading·. indicating his lands will be prejudicially affected by the
By-Law.
AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it
is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
Declared before me at the Town
of Aurora
in the Regional Municipality
of
this day of ;,-;-'} .. ;' ( · ~ ''r 190
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........ , LYf. A Commissioner, etc . . . .. ··•·····•·•·•·•·•••·• LAWREt-jCE VI. R ALLISON
A COMMISSIONER FOR I'AK,ING AFFIDAVITS
FOR THE IOWN OF AUiiOflA, JUDICIAl.
DloTR:CT OF YOR1\.
•••.<-•M-.c·-.-···
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Colleen Gowan
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Exhibit "A"
--• TOWN·OF AURORA
PUBLIC NOTICE
TAKE IIOTICE THAT:
I. The Coon:ilal The Corporation oliN T-a1 Aarara P1f410S0S 111 paso a ily·laW.......,.
ID SectiGn 291 al IN Municipal Act RS0 1910 1D slop up and 10 cloSe for all -
and IO seiiiO IN-..g land ...... I -ay loadlnQ tcon Keystone Courlwllich is
clesiQnaltd as Blocl< N CM1 Plan M-57 as IN~ is no~ required fa< INIMJIIIOSt
aiTht~aiiNT-aiAonra.
2. Pursua1t 10 Section 301 al IN ~ Act RSO 1980 belen passing this lly-faw,
C4oncil or a c.mmmee ""'""' d fu'tn """"" or by bis counsel. -oriQifll.
any""""" who clalmslhll Ns landS d be prejiJCflcidy afftcted by file By-taw, who
ac>Pfies to be fiNnf, provided lfllt sucll f111S00 makesliiiiJIICatiollln writing to file -·
siQnedCMI or betcniN17ffldoyal Junt. 1917.
3. A copy olflle Plan sllowlng IN portion oliN walkway leading from Keyst,.,. CouriiO be
stOIJfled up and closed !oral f101110S1S and sold is availabfl for ~tioll at file Office ol ; ~io::.::.-s--dcmg--floln. -TIIITewuiA-
HW..,...InoiWitl
Ana,llolaolt
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This is E:x\1ibit <] mc:.,tioned and
referred to in til(! affic!<Jvit of
. ( c-c~ c/)~ , .. :f.rv' ~
Swon1 before me this "7-. .f/ day
of r::;-;; / ~.-hu; A.D., 19 ('f ·
I . . -~~Commission~[ &c
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CANADA )
)
)
)
)
)
PROVINCE OF ONTARIO)
)
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"SCHEDULE "B"
IN THE MATTER OF Block N, Plan M-57
and the closure and sale thereof
by The Corporation of The Town of Aurora
to the abutting landowners
I, Colleen Gowan, of the Town of Aurora, in the Regional Municipality
of York, do solemnly declare that:
1. I am the Clerk of The corporation of The Town of Aurora
("Aurora") and as such have knowledge of the matters herein
deposed;
2. The lands described as Part of Parcel I-1, Section M-57 being
Block N, Plan M-57, Town of Aurora, Regional Municipality of York
(the "Lands") was dedicated as public highway upon the
registration of Plan M-57 and that the Lands have been assumed by
Aurora by By-law ~.
3. Pursuant to the provisions of Section 301 of the Municipal Act
R.s.o. 1980, I did cause the Notice annexed hereto as Exhibit "A"
to be published for four (4) consecutive weeks under Legal
Notices in the Aurora Banner, being a newspaper having general
circulation in Aurora on the following dates:
May 20, 1987
May 22, 1987
June 3, 1987
June 10, 1987
4. The proposed By-law for the closure and sale of the Lands came a
public meeting of the council of Aurora on February 22, 1989 for
third and final reading.
5. On February 22, 1989, By-law No. 3044-88 was passed by Aurora
authorizing the closure and sale of the Lands.
6. No objections to the closure and sale of the Lands was received
by Aurora prior to the passage of the said By-law No. 30~~-8~and
no such objections have been received as at the date hereof.
7. The registered owners of the lands abutting the Lands are:
Lot 189, Plan M-57
Lot 188, Plan M-57
John Sehn and Gail Sehn, as joint
tenants
Robert Henry stretch and Anita Anne
Garber Stretch, as joint tenants
8. Aurora has agreed to sell that part of the Lands which are
designated as Part 2, Plan 12566 to John Sehn and Gail Sehn, as
joint tenants.
9. Aurora has agreed to sell that part of the Lands which are
designated as Part 1, Plan 65R-12566 to Robert Henry stretch and
Anita Anne Garber stretch, as joint tenants.
10. Upon the closure and sale of the Lands, there will be access to
Lots 188 and 189, Plan M-57 from Keystone Court.
11. The Regional Municipality of York has been notified of and has
no objection to the proposed closure and sale of the Lands as
indicated in the letter of the Clerk of The Regional Municipality
of York dated February 8, 1989, a true copy of which is attached
hereto as Exhibit "B".
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12. Based on the foregoing, all of the statutory requirements to
close and sell the Lands, as hereinbefore provided have been
fulfilled.
AND I make this solemn declaration conscientiously believing it
to be true and knowing that it is of the same force and effect as if
made under oath and by virtue of the "Canada Evidence Act."
DECLARED BEFORE ME at the
Town of Aurora, in the Regional
Municipality of York, this
€_; day of /~>t'-' , 1989
Aco=is~'~h/~
7-J/Lr-~-
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)
)
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Colleen Gowan
" '
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....
Exhibit "A"
--• TOWN·OF AURORA
PUBUC NOTICE.
T.uEIICiliCITHAT:
1. ThoCGon:iaiTho~ai .. TownaiAIIIn-topossaBy.Jaw......,.
to Sectian 291al .. lllllcipll Ac1 RS0 1910 to stop up and to -lor al -
and to soliD tllllbul1inQ land _.a .-ay leading fran Keystono Ccul-II
desiQnllld as-Nan Plan M-57 as till........, is nolongor noquired lor 1111 ...,_
oCllle~oCIIIITownaiAIIoll.
2. Plnud to Sectian 301 a1 1111 lloncipll Act RSO 1910 llllortliiSSino this By-taw.
Coo.nciiCI'. Committla-.. '-In-Cl'lly Ills ........ -...... any-wflo claims IIIII Ills Iandi willla prejUIIIcllly ·-by 1111 By.Jaw, wflo
a1J11110S to Ill -· provided lhllsudl-,....lllllblian In writing to till-· siQnOd .. ll'llalora 1111 17111 dly ........ 1917.
3. A C11VY al 1111 Plan s11oWin11 till por1ian al 1111 walkway leading from Keys-Ccul to Ill
st..,.,..S up and closed Ill' a1-and said .is -lor ins!IIC1ion at 1111 Offici a1
. 1111 Town aort< at .. ---dllinQ...,... DusiiiiSs heMS. ' C..L ..... A.ILC.T. .
Clllll
TlloT_II_
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This Is Exhibit"
of (,_.U.u...
A "to tho affidavit
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Sworn before me this£ day of /,.; · ~
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A commissiooor. etc.
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New Property Identifiers
Executions
(8) This Document provides as follows:
Document General
Form 4 -Land Registration Refonn Act, 1984 D
(1) Registry 0 land Titles IRJ T (2) Page 1 of 9 pages
Additional:
See 0 Schedule
Additional:
See
Schedule 0
(3) Property
ldentlfler(s)
Block Property
(4) Nature of Document
BY-LAW 3044-88
(5) Consideration
NIL DollatS $
(6) Description
Part of Parcel I-1, Section M-57
being Block N, Plan M-57
Town of Aurora
Regional Municipality of York
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch 0
(b) Schedule for:
Description D Additional
Additional:
Sea 0 Schedule
Parties O Other ~
SEE SCHEDULE ATTACHEn
(9) This Document relates to Instrument
(10) Party(les) (Set out Status or lnteresl_
Name(s)
4-ivfvJ 3 ott r;
~v/~if~
S""""'""""'-"'""'"'IT"'-'"=''"'~"'<'"'''"'""-"'~·'"'""'""-'~'"'-"»"c'""''""-
TRA11JY, ARCHIBAlD & SEAGRAM
Telephone (416) 862-7525
Fax (416) 862-7661
Continued on Schedule 0
l
Date of Signature
Y M D
' THE CORPORATION OF THE TOWN OF AURORA GOWLING, ST THY & ND SONl .. :By· ·r'i's. so:L:tcr'rORS. . . . . . . . . . . . . . . . . . . . . . . . . ............. Z.. . . . . . . . . i . . . . . . . "~" ..
, · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ~er. :_jamr:s· · ·: · iffilou~by · · · · · · \ 1-~~9 _121:'1~<(
............................ ! .... ·:· .. [ ...
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(11) Address . _jC
lorServlce 81 Industrial Parkway North, Aurora, Ontario, L4G 6Jl
(12) Party(les) (Set out Status or Interest)
Name(s)
,--
(13) Address
for Service
(14) Municipal Address of Property
NOT ASSIGNED
10174 (12/84)
Signature(s)
I
Date of Signature
Y M D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . .
. . . . . . . . . . . . . . . . . . . . -. . . . . . . . . . . . . I -. . . .
(15) Document Prepared ~y: I!-----F"'-ee_s_arn_d_T_ax_..,------j
JAMES C. WILLOUGHBY ~ Registration Fee
GOWLING, STRATHY & HENDERSON ~lr----------r------------1
Barristers and Solicitors ~lt------t--------1
3800 Commerce Court West ~
1 TORONTO, ONTARIO ~lr------t-------~
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[t Total
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