BYLAW - Close & Sell Part of Earl Stewart Dr. - 19960124 - 366495TTHE CORPORATION OF THE TOWN OF AURORA
BY:.LA W NUMBER 3664-95. T
BEING A BY-LAW to stop up,
close and sell a portion of Earl
Stewart Drive 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 provisions of the Municipal Act have been complied with;
AND WHEREAS the Council deems it expedient to stop up, close and sell a portion of Earl
Stewart Drive;
NOW THEREFORE the Council of The Corporation of the Town of Aurora ENACTS AS
FOLLOWS:
1. THAT a portion of Earl Stewart Drive described as follows:
PART PARCEL
SECTION 65M-2873
being Part of Earl Stewart Drive
Plan 65M-2873
designated as Parts 2, 3 11, 15 and 16
Reference Plan 65R-18099
Town of Aurora
Regional Municipality of York
be assumed for maintenance purposes.
2. THAT the Council does hereby stop up and close to vehicle and pedestrian traffic that part
of Earl Stewart Drive in the Town of Aurora, more particularly described as Parts 2, 3,
11, 15 and 16 on Plan 65R-18099, (the "Road").
3. THAT Council does hereby declare the Road as surplus and authorize the sale of the Road
to the adjacent land owner, reserving easements as necessary over Parts 2, 11, 15 and 16,
for consideration, which shall include the transfer to the Town of Parts 1 and 5 for the
purpose of construction of a highway and the conveyance of certain easements as necessary
for services and utilities.
4. THAT the Mayor and Clerk are hereby authorized to execute all documentation in
connection with the stopping up, closing and sale of the Road and in connection with the
aforementioned conveyances.
5. THAT attached hereto as Schedule "A" to this By-law is a form of affidavit to be sworn
by the Clerk setting out the procedures taken for publishing notice of this By-law pursuant
to the provisions of the Municipal Act; and
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6. THAT this By-law shall come into force and effect upon fmal passage thereof and when
the Clerk of the Regional Municipality of York has consented to this By-law and 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 13th DAY OF December, 1995.
READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF January, 1996.
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SCHEDULE "A"
to By-law No. 3664-95.T
AFFIDAVIT
IN THE MATTER OF the stopping up, closing and sale of part of Earl Stewart Drive 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. By-law No. 3664-95.T of the Town authorizing the stopping up, closing and sale of the
Road was read a first and second time by the Council of the Town on , 1995
and was read a third time and fmally passed by the Council of the Town on ___ _
1995.
3. The Town gave notice of the proposed stopping up, closing and sale of the road by
publishing notices in the Era Banner on May 30, June 8, 13, and 20, 1995 and attached
hereto as Exhibit "A" to this my Affidavit is a true copy of the notices that were
published.
4. By letters dated June 5 and 6, 1995 I notified the Clerk of the Regional Municipality of
York of the intention of the Council of the Town to stop up, close and sell the Road.
Attached hereto as Exhibit "B" to this my affidavit are true copies of my letters and
attached hereto as Exhibit "C" to this my affidavit are true copies of the reply of the
Regional Municipality of York indicating its consent.
Sworn before me at the Town of Aurora
this __ day of _____ ,1995.
A Commissioner etc. Lawrence Allison, A.M.C.T.
Municipal Clerk
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THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER 3664-95. T TOWN OF AURORA .
BEING A BY-LA Wto stop up,
close and sell a portion of Earl
Stewart Drive in the Town of
Aurora ..
CERTIFIED TRUE COPY
DATE @.2]1 ~~~ {.
CtLiL
G. WHICHER
Deputy Clerk
WHEREAS the Municipal Act, R.S.O. 1990 c. M.45 (as amended), pentJ.i.ts the Council to pass
by-laws for the stopping up, closing and selling of highways;
AND WHEREAS the provisions of the Municipal Act have been complied with;
AND WHEREAS the Council deems it expedient to stop up, close and sell a portion of Earl
Stewart Drive; ·
NOW THEREFORE the Council of The Corporation of the Town of Aurora ENACTS AS
FOLLOWS:
1. THAT a portion of Earl Stewart Drive described as follows:
PART PARCEL
SECTION 65M-2873
being Part of Earl Stewart Drive
Plan 65M-2873
designated as Parts 2, 3 11 , 15 and 16
Reference Plan 65R-18099
Town of Aurora
Regional Municipality of York
be assumed for maintenance purposes.
2. THAT the Council does hereby stop up and close to vehicle and pedestrian traffic that part
of Earl Stewart Drive in the Town of Aurora, more particularly described as Parts 2, 3,
11, 15 and 16 on Plan 65R-18099, (the "Road").
3. THAT Council does hereby declare the Road as surplus and authorize the sale of the Road
to the adjacent land owner, reserving easements as necessary over Parts 2, 11, 15 and 16,
for consideration, which shall include the transfer to the Town of Parts 1 and 5 for the
purpose of construction of a highway and the conveyance of certain easements as necessary
for services and utilities.
4. THAT the Mayor and Clerk are hereby authorized to execute all documentation in
connection with the stopping up, closing and sale of the Road and in connection with the
aforementioned conveyances.
5. THAT attached hereto as Schedule "A" to this By-law is a form of affidavit to be sworn
by the Clerk setting out the procedures taken for publishing notice of this By-law pursuant
to the provisions of the Municipal Act; and
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6. THAT this By-law shall come into force and effect upon final passage thereof and when
the Clerk of the Regional Municipality of York has consented to this By-law and 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 13th DAY OF December, I995.
READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF January, I996.
T. JONES,
Approved by Regional Council .· T
on the ~/!:. r day of ~~
199 !::' by adoption of ~ /0
/6 ofthe
and Enviromnental
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SCHEDULE "A"
to By-law No. 3664-95.T
AFFIDAVIT
IN THE MATTER OF the· stopping up, closing and sale of part of Earl Stewart Drive in the
Town of Aurora.
I, Lawrence Allison, of the Town of Innisfil, in the County 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. By-law No, 3664-95. T of the Town authorizing the stopping up, closing and sale of the
Road was read a first and second time by the Council of the Town on December 13, 1995
and was read a third time and finally passed by the Council of the Town on January 24,
1996.
3. The Town gave notice of the proposed stopping up, closing and sale of the road by
publishing notices in the Era Banner on May 30, June 8, 13, and 20, 1995 and attached
hereto as Exhibit "A" to this my Affidavit is a true copy of the notices that were
published.
4. By letters dated June 5 and 6, 1995 I notified the Clerk of the Regional Municipality of
York of the intention of the Council of the Town to stop up, close and sdl the Road.
Regional Council advised me by correspondence dated September 5, 1995 that it had no
objection to the proposed closure and Regional approval is stamped on the face of this By-
law.
Sworn before me at the Town of Aurora
this r-t day of 111~ ,1996.
A Commissioner etc. Lawrence Allison, A.M.C.T.
· Municipal Clerk
EXIDBIT "A"
toBy~law No. 3664-95.T
Set forth below is a true copy of the notices that were published in the Era-Banner on May 30,
June 8, 13 and 20, 1995.
NOTICE
Pursuant to Sections 193, 210 and 300 of the
Municipal Act and Council By-law 3613-95.A
.Council intends to consider enacting a By·law to stop up and to sell a
portion of the highway known as Earl Stewart Drive, as. shown herein.
Said lands are no longer required, because of the reconfigured design
of the proposed subdivision to the south; The Municipal Act provides
the adjacent land owner with a right of first refusal and it is anticipated
that these lands wot,~ld be conveyed to such owner in return for
construction of an alternate access highway ·at the proponent's
expense.
As part of this proposed road reconfiguration, Council will also
consider deleting the naine. "McAvoy Road" from the record. This
-arises because Earl· Stewart Drive Will henceforth become a
. continuous stretch of highway, incorporating the former McAvoy Road.
Pursuant to the Municipal Act. Council will, at its meeting on June 28,
1995, hear any person who applies to be heard and who claims that
their larid will be prejudicially affected by the proposed road closure Or
that they wilt be adversely affected by the proposed renaming of the
highwaY. Responses in this regard may be directed to the Municipal
Clerk at the Town Hall.
81
Sworn before me at the Town of Aurora
this --Ll 'f....___ day of -=.JM!..I.k'"l~· q__ ,1996.
A Commissioner etc.
GORDON :w:1ES. \¥1,;~·~~R: ~· ~~~~~~;, ·~~:. · ·
Regional Municipality of Yort<, for tho Co;poration
ol the Town of Aurora.
Law ce lison, A.M.C.T.
Municipal Clerk
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THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER 3664-95. T
BEING A BY-LAW to stop up,
close and sell a portion of Earl
Stewart Drive in the Town of
Aurora.
TO\~!!\! OF AIJRCHA
· CERTIFIED TRUE COP'{
. DATE ft£ P 1 dSb
c~
G. WHICHER
Deputy Clerk
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 provisions of the Municipal Act have been complied with;
AND WHEREAS the Council deems it expedient to stop up, close and sell a portion of Earl
Stewart Drive;
!'lOW THEREFORE the Council of The Corporation of the Town of Aurora ENACTS AS
FOLLOWS:
1.
2.
3.
4.
5.
THAT a portion of Earl Stewart Drive described as follows:
PART PARCEL £.1f<.{.{tJ -I
SECTION 65M-2873
being Part of Earl Stewart Drive
Plan 65M-2873
designated as Parts 2, 3 11, 15 and 16
Reference Plan 65R-18099
Town of Aurora
Regional Municipality of York
be assumed for maintenance purposes.
THAT the Council does hereby stop up and close to vehicle and pedestrian traffic that part
of Earl Stewart Drive in the Town of Aurora, more particularly described as Parts 2, 3,
11, 15 and 16 on Plan 65R-18099, (the "Road").
THAT Council does hereby declare the Road as surplus and authorize the sale of the Road
to the adjacent land owner, reserving easements as necessary over Parts 2 .• 11, 15 and 16, . .
for consideration, which shall include the transfer to the Town of Parts 1 and 5 for the
purpose of construction of a highway and the conveyance of certain easements as necessary
for services and utilities.
THAT the Mayor and Clerk are hereby authorized to execute all documentation in
connection with the stopping up, closing and sale of the Road and in connection with the
aforementioned conveyances.
THAT attached hereto as Schedule "A" to this By-law is a form of affidavit to be sworn
by the Clerk setting out the procedures taken for publishing notice of this By-law pursuant
, to the provisions of the Municipal Act; and
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6. THAT this By-law shall come into force and effect upon final passage thereof and when
the Clerk of the Regional Municipality of York has consented to this By-law and a
certified copy of the sanie 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 13th DAY OF December,
READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF January,
I
T. JONES,
Approved by Regional Council
on the ~I.Sr day of ;'fu.!JuST
199 .:?" by adoption of e.J C?.A. .s e / 0
/~ ofthe
Tra portati n and Environmental
C~llifu;1
L.
1995.
1996. I
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SCHEDULE "A"
to By-law No. 3664-95.T
AFFIDAVIT
IN THE MATTER OF the stopping up, closing and sale of part of Earl Stewart Drive in the
Town of Aurora.
I, Lawrence Allison, of the Town of Innisfil, in the County 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. By-law No. 3664-95.T of the Townauthorizing the stopping up, closing and sale of the
Road was read a first and second time by the Council·ofthe Town on December 13; 1995
and was read a third time and fmally passed by the Council of the Town on January 24,
1996.
3. . The .Town gave notice of the proposed stopping up, closing and sale of the road by
publishing notices in the Era Banner on May 30, June 8, 13, and 20, 1995 and attached
hereto as Exhibit "A" to this my Affidavit is a true copy of the notices that were
published.
4. By letters dated June 5 and 6, 1995 I notified the Clerk of the Regional Municipality of
York of the intention of the Council of the Town to stop up, close and s~ll the Road.
Regional Council advised me by correspondence dated September 5, 1995 that it had no
objection to the proposed closure and Regional approval is stamped on the face of this By-
law.
Sworn before me at the Town of Aurora
this /"i day of · fVl~
A Commissioner etc.
OOROON ~~es· WH;GriER: ~· ~; ·;~,··
Regional Munlcipa!ily oflbt!<, for 1he Corpora1!on
of the Town of Aurola.
,1996.
Lawrence Allison, A.M.C.T.
· Municipal Clerk
Document General ·
Fo"" •-i.Mcl Af9lll-Aefonn Ac~ ,;.. D
' (1) ".....,0 '--T~ 1]1 I (2) p-1 ot page• ·
(3) P• apwtr BlOCk p.._.,
tdii-C•I AdCIItiOMt: s .. c
Number .. J::.C. ... !..f.(; tj I) tS' s.: ......
<•I N-olO-
BY-LAW (Pursuant to Section. 297 of the Munici~a~
CERTIFICATE OF RECEIPT Act R.S 0. 1990 c.M 45 as amendedl_
> 97 FEB -li Ill 03
(D),
· Ni 1 ~ ----------------------------------------------
ill VORl< Rm!CIN --------------------------------Oollft S Nil
;) No. 86
Alst. Oeo.tand lledstii'
(II
)II NEWMARKET
s-rfZC.(.I> -I PART PARCEL
o;·· SECTION 65M-2873
! being Part of Earl Stewart Drive ... Plan 65M-2873
designated as Parts 2, 3, 11, 15 and 16
-'-"' ldlntilleil Reference· Plan 65R-18099 -Town of Aurora s .. 0 sc-Regional Municipality of York
(7} ,. (81~ ! (b) Scrl~ /lefOr: A-oa:.::· -~ : ~ s .. 0 Cfc**• Pl8niSUicll Of O-.lptlon 0 pantoe 00111er QY . -(I) 1'lllt Ooeo 1111111 _.... • t-:
f\N6 A ~rL/fl-1) I
THE CORPORATION OF THE TOWN OF AURORA hereby applies to amead ~fte {. "' mJ.iD
register for the lands described in Box ( 6) her.ein, by the registration of
By-law 3664-95. T '. a certified copy of which is attached hereto.
.
Continued on Sch-te 0
( (I) Tllll 0_. -~~~to......,_ --..(1) l
(10) Plf!YCIII) (Set out StatUI 0t t->
N~t) s.,......, {~···· · Cite ot Si9na...,.
. ~ y .. 0
.JH~. 9~:E!-li'9.:E!-gi.Qt:l. 9.F: .1'~.~ .'1,'9~t':l. 9.F .. ~9RQ~A, .... ·. ~~ jlA, .• ~ .......... !l'l'l6.! P~-~.1.'1
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...:. La~rence Allison Municinal Cle~k . ! l
(11).._
tor._ Town of Aurora, 100 John West Wav, P.O. Box 1000 Aurora Ontario L4G 6Jl
(1:1) Plf!YCIII) (Sel out Statui 0t Int-I
Date ot Signature N ..... l) S~l) y .. a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ... ~ ... .........
.. . . . . . . . .. . . • • 0 • . .... 0 •••• 0 ,·0 0. 0 •••• 0 ••• -· •• 0 •• . . . . . . . . . ...
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(13)Ad-
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11•1 Munlclpol Add .... of PIOpetly (15) C-t PreplfM Dy: 'I' ~
F-ondTu
not applicable Gordon Whicher, B.A., LL.B ~ F11911tr11tion FM
Town of Aurora ill
;)
100 John West Way ~ i
P.O. Box 1000 ...
Aurora, Ontario ...
0
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,. -. \ ~ ~ . ..
EXHIBIT "A"
to By"law No. 3664"95.T
Set forth below is a true copy of the notices that were published in the Era" Banner on May 30,
June 8, 13 and 20, 1995.
NOTICE
Pursuant to Sections 193, 210 and 300 of the
Municipal Act and Council By·law 3613-95.A
Council intends to consider enacting a By~aw to stop up and to sell a
pol'tion of the highway known as Earl Stewart Drive, as shown herein.
Said lands are no longer required, because of the reconfigured design
of the proposed subdivision to the south; The Municipal Act provides
the adjacent land owner with a right of first refusal and H is anticipated
that these lands would ba conveyed to such owner in return for
construction of an alternate access highway ·at the proponenrs
expense. ·
As part of this proposed road reconfiguration, Council will also
consider deleting the naine. 'McAvoy Road' from the record. This
arises bacause Earl. Stewart Drive wiU henceforth · become a
continuous stretch of highway, incorporating the former McAvoy Road.
Pursuant to the Municipal Act. Council wiU, at its meeting on _.,ne 28,
1995, hear any person who applies to ba heard and who claims that
their land will ba prejudicially affected by the proposed reed closure or
that they will ba adversely affected by the proposed renaming of the
highwa}'. Responses in this negard may ba directed to the Municipal
Clerk at the Town Hall.
81
Sworn before me at the Town of Aurora
tbis --1..! '±.~...-day of __,.!.lM!..l..laf<::q..--, 1996.
A Commissioner etc.
GORDON :W~tES" \~~;,i~"HER: ~· c;;.;~;.;;l;~;, ·~:. · ·
Ragional Municipality of Yoi1<, lor !he CorporatioR
of the lbwn at Aurora. ·
Region
April 3, 1996
Mr. L. Allison
Clerk
Town of Aurora
P.O. Box 1000
100 John West Way
Aurora, Ontario
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Dear Mr. Allison:
OFFICE OF THE REGIONAL CLERK
17250 YoNGE STREET, Box 147
NEWMARKET, ONTARIO
L3Y6Z1
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'96 ~PR 17 ~ 9 :03
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TEL: (905) 895-1231
(705) 437-1617
(905) 773-3004
(905) 731-0201
FAX: (905) 895-3031
In response to your communication of February 27, 1996, I am enclosing two certified copies
of the ToWn of Aurora By-law No. 3664-95.T, a by-law to stop up, close and sell a portion of
Earl Stewart Drive.
. .
By the adoption of Clause No. 10 contained in Report No. 16 of the Transportation and
Environmental Services Committee on Thursday, August 31, 1995, the Region indicated it
has no objections to your intention to stop up and close a portion of the road allowance known
as Earl Stewart Drive.
A copy of our letter dated Septell).ber 5, 1995, advising you of such, is also enclosed for your
information.
C6 Yours truly,
0!1-/
Doris Sue,A.M.C.T.
Committee Secretary
DS:bb
c. Commissioner.ofTransportation and Works
York Region: Ce/ebraring of Success, 1971 1996
September 5, 1995
Mr. Lawrence Allison
Clerk
Town of Aurora
. P.O. Box 1000
100 John West Way
Aurora, Ontario
L4G6J1
Dear Mr. Allison:
·..v :~).F'Y'
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The Council of The Regional Municipality of York, at its meeting held on Thursday,
August 31, 1995, adopted, without amendment, Clause No. 10 contained in Report No. 16 of
the Transportation and Environmental Services Committee, entitled "Stop Up and Close,
Earl Stewart Drive-Aurora".
Regional Council advises it has no objections to your intention to stop up and close a portion
of the road allowance known as Earl Stewart Drive.
Yours truly,
ORIGINAL SIGNeD BY
DENNIS R. HEARSE
D. Hearse
Regional Clerk
Doris Sue:bb
Encl.
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