BYLAW - Stop up, Close and Sell a Portion of Old Yonge Street in Aurora - 19950724 - 364995TTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 3649-96. T
BEING A BY-LAW stop up, close
and sell a portion of Old Yonge
Street in the Town of Aurora.
WHEREAS the Municipal Act, R.S.O. 1990 c. M.45 (as amended), permits the Council to pass by-
laws for the stopping up, closing and selling of highways;
AND WHEREAS the Council deems it expedient to stop up, close and sell a portion of Old Yonge
Street;
AND WHEREAS the provisions of the Municipal Act and Land Sale By-law 3613-95.A have been
complied with;
NOW THEREFORE the Council of The Corporation of the Town of Aurora ENACTS AS
FOLLOWS:
1. THAT portions of Old Yonge Street described as follows:
FIRSTLY
Part of Lot 84
Concession I, East of Yonge Street
described as Parts 3 and 6,
Reference Plan 65R-16846
Town of Aurora
Regional Municipality of York
(in the geographic Township of Whitchurch)
AND SECONDLY
Part of Lot 86, Plan 246
described as Parts 4, 5 and 7
Reference Plan 65R-16846
Town of Aurora
Regional Municipality of York
be assumed for maintenance purposes;
2. THAT Part 7, Plan 65R-16846 be and is hereby dedicated as public road forming part of Old
Yonge Street in the Town of Aurora;
3. THAT the Council does hereby stop up and close to vehicle and pedestrian traffic that part of
Old Yonge Street in the Town of Aurora, more particularly described as Parts 3, 4, 5 and 6 on
Plan 65R-16846, (the "Closed Road");
4. THAT the Closed Road is hereby declared to be surplus land;
5. THAT Council does hereby authorize the sale of the Closed Road to adjacent land owners for
$5,000.00, being Council's expenses to close and sell the Road, reserving such easements for
utilities and rights-of-way as may be required;
6. THAT the Mayor and Clerk are hereby authorized to execute all documentation in connection
with t)le stopping up, closing and sale of the Closed Road;
-2 -
7. THAT attached hereto as Schedule "A" tolhis By-law is a form of affidavit to be sworn by the
Clerk setting out the procedures taken for publishing notice of this road closure and sale
pursuant to the provisions of the Municipal Act and Land Sale By-law 3613-95 .A; and
8. THAT this By-law shall come into force and effect upon final passage thereof and when a
certified copy of the same has been registered in the Land Registry Office for the Land Registry
Division of York Region (No. 65).
READ A FIRST AND SECOND TIME THIS 28th DAY OF JUNE, 1995.
READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF July ' 1996.
L.
SCHEDULE "A"
to By-law No. 3649-96.T
AFFIDAVIT
IN THE MATTER OF the stopping up, closing and sale of part of Old Yonge Street in the Town of
Aurora.
I, Larry Allison, of the Township of Innisfil, in the Regional Municipality of Simcoe,
MAKE OATH AND SAY AS FOLLOWS:
1. I am the Clerk of The Corporation of the Town of Aurora and as such have knowledge of the
matters hereinafter deposed to.
2. The Corporation of the Town of Aurora (the "Town") has spent money and statute labour on that
part of Old Y onge Street, Aurora, between Y onge Street and Old Y onge Street (formerly
Flagstaff Road), being part of Lot 86, Plan 246, Aurora, and more particularly described as
Parts 4, 5, and 6 on Reference Plan 65R -16846 registered in the Land Registry Office for the
Land Registry Division of York Region (No. 65).
3. By-law No. 3649-96.T of i:he Town authorizing the stopping up, closing and sale of Parts 3, 4,
5 and 6 in Reference Plan 65R-16846 of the ("Closed Road") was read a first and second time
by the Council of the Town ~e f.' 1995 and was read a third time and fmally passed by
the Council of the Town on J. , 1996.
4. The Town gave notice of the proposed stopping up, closing and sale of the Closed Road by
publishing notices in the Era Banner on May 30, June 8, 13, and 20, 1995 and attached hereto
as Schedule "A" to this my Affidavit is a true copy of the notice that was published.
5. The Council of the Regional Municipality of York at its meeting on August 31, 1995 advised
that it had no objection to the proposed closure of the Closed Road and attached hereto as
Schedule "B" to this my Affidavit is correspondence in this regard from the Region.
6. To the best of my knowledge and belief the procedures required for the sale of municipal land
in By-law 3613-95.A were complied with, including the giving of notice to the public, and the
Closed Road is of a prescribed class that does not require an appraisal.
Sworn before me at the Town of Aurora
this~ day of ~ ,1996. (t
A Commissioner etc.
·········•···•····•·····•······•·••·•••··•• GORDON JAMES WHIC!iER, a C~ etc.,
Regional Munl!:ljlallty Ill Vorl' lcr Ill& CGfiiOiillOR
· lllllle Town of _,.,
~!.
Lawrence Allison, A.M.C.T.
Municipal Clerk
September 5, 1995 ·
Mr. Lawrence Allison
Clerk
Town of Aurora
P.O. Box 1000
100 John West Way
Aurora, Ontario
IAG6J1
Dear Mr. Allison:
SCHEDULE l'\B"
0FFIC£ OF TH£ REGIONAL CLERK
17250 YaNG£ STR££T, Box 147
NEWMARKET, ONTARIO
L3Y 6Z1
TOWN OF AURORA.
RECElVED
'95 SEP 14 AlO :20
CLERK'S DEPAHTMENT
TeL: (905) 895-1231
(705) 437-1617
(905) 773-3004
(905) 731-0201
FAx: (905) 895-3031
The Council of The Regional Municipality of York, at its meeting held. on Thursday,
August 31, 1995, adopted, without amendment, Clause No. 11 contained in Report No. 16 of
the Transportation and Environmental Services Committee, entitled "Stop Up and Close;
Old Yonge Street-Aurora".
Regional Council advises it has no objections to your intention to stop up, close and sell a
portion of the road allowance known as Old Yonge Street, identified as Parts 3, 4, 5 and 6
on R ference Plan 63R•16846.
D~~s :bb
Encl~
'!. THE REGIONAL MUNICIPALITY OF YOR.K
SCHEDULE "B"
Clause No. 11 embodied in Report No. 16 of the Transportation and Environmental Services
Committee, which was adopted, without amendment, by the Council of The Regional
Municipality of York on Thursday, August 31, 1995.
11 STOP UP AND CLOSE
OLDYONGESTREET·AURORA
The Transportation and Environmental Services Committee recommends the
adoption of the following report, July 26, 1995, from the Commissioner of
Transportation:
Recommendation
It is recommended that Town of Aurora be advised that the Region of York has no
objection to its intention to stop up, close and sell a portion of the road allowance known as
Old Yonge Street, identified as Parts 3, 4, 5 and 6 on Reference Plan 63R-16846.
Background
In compliance with Section 44(1) of the Regional Municipalities Act, the Town of
Aurora has notified the Region of its intention to stop up, close and sell a portion of the road
allowance known as Old Yonge Street, identified as Parts 3, 4, 5 and 6 on Reference Plan•
63R-16846. A sketch showing the subject site is appended to this report.
(A copy of the attachment referred to in the foregoing has been forwarded to each
Member of Council with the August 22, 1995, Transportation and Environmental Services
Committee agenda, and a copy thereof is also on file in the office of the Regional Clerk.)
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< ••
Region
. Sept(,)mber 26, 1996
' ) -· -' ~ ,' ' -' ~ : '-' ' ' .· ' . . '''
·-CbRPDRAiE-ANo LEG(I~_SEf!~iCEs DEPARTMENT
17250 YoNGE STREET, Box 147
:NEWMARKET;--9_NrAR!o
L3Y6Z1
Mr. Lawr:ence Allison •. ' , ,'
•· Director of Corporate Services ,
Town of Aurora. . , ,
·100 Johrl West Way,·
Aurora,Ontario ·
L4G6J1. , ,
.Dear Mr. Allison: ' ..
', By-1~ No. 3649·96.T
TEL:(~05) 8~5"1231
(7Q5) 437-1617
, , . (Q05) 173,3004
To#.,LiivE:{905) 731-0201
',·FAX: (905) 895'3031 ,
·As requestedin your comJnullic~tion ciatedSeptembe~ 20, 1996., enclosed are ~wo
,certified copies ofthe above'referenceq By~law with the required :Regional approval
affixed.. · · ·
Attachs;
~~: _·
:Yo-rk Regio-n-:: _:Ce (~'b r_.a ii n_g of SuC:ce,ss,· 1971 /99(5
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!Jqqb SEP 211 1'3 2:,$-8 I
:\IISIIII
NEWMIII!I!!f
New Property Identifiers
Executions
~
Additional:
See
Schedule
Additional:
See
Schedule
(8) This Document provides as follows:
Document General D Form. 4 -Land Registration .Reform Act
0
0
(1) Registry [}!; Land Titles 0 T (2) Page 1 of~ pages
(3) Property
ldentlfler(s)
(4) Nature of Document
.Block Property
Additional:
See 0 Schedule
BY-LAW (Pursuant to Section 297 of the Municipal
Act R.S.O. 1990 c.M.45 as amended)
(5) Consideration
TWO--------------------------------------------------
-----------------------------'--Dollars$ 2 • OO .
(6) Description
FIRSTLY
Part of Lot 84, Concession I, E. Y. S.
described as Parts 3 and 6 on Reference Plan 65R-16846
Town of Aurora
Regional Municipality of York
(formerly in the geographic Township of Whitchurch)
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
(contiml.ed·ori attached Schedule)
(b) Schedule for:
Additional
0 Description KJ Parties 0 Other IXJ
A certified copy of By-law 3649-96. T is attached hereto.
(
(9) This Document relates to Instrument number( a}
. . .
(10) Party(ies) (Set out Status or Interest)
Name(s) Signature{
Continued on Schedule 0
)
r---.__ Date of Signature
I _____:::: y M D
" i ' : .Tfl.~ GQ,R,~QF..~P9.JI! .Qf. :I:I:I!'. :r.QW.N: .Qf. Al.!~9!l-A.... . . . . . ' ...... ,,.~ ..... j19.9.6 P'1.p7
T' Jon s, or i ' :
.. "-:_ .. ·-~ . : .................... i ..... : ... ! .. . . . s~-L ~ ..................... :1.9.9.q . 6."1 . ~.7
L)fwret'Ce Allison, Municipal Clerl<i l i
\/ -! i i
(11) Address
for Service Town of Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario L4G 6J1
(12) Party(les) (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
Not Applicable
Signature(s)
'
Date of Signature
Y M D
.............. -· .......................... . . . . I . . .
i ... : .............................. r .... . • • • I • ' •
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . • • • I • • •
(15) Document Prepared by:.
Gordon Whicher, B.A., LL.B
Solicitor, Town of Aurora
100 John West Way
P.O. Box 1000
Aurora, Ontario
L4G 6J1
.
~ Fees and Tax
'-' a Registration Fee
UJ
~~~---------+-----------·_, UJ
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~
~IF==========F===========9 S: Total
I
Schedule
Form 5 -Land Registration Reform Act
Additional Property ldentifier(s) and/or Other Information
Continued from Box (6)
SECONDLY
Part of Lot 86, Plan 246
described as Parts 4, 5 and 7
Reference Plan 65R-16846
Town of Aurora
Regional Municipality of York
Page ~-1_..--=---s
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