BYLAW - Deem Part of Registered Plan 65M 2718 Not to be Part of a Plan of Subdivision - 19970910 - 386797D__ ,_ ----~---.
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3867-97.D
BEING A BY-LAW to deem
part of Registered Plan 65M-
2718 not to be part of a
Registered Plan of Subdivision.
WHEREAS section 50 of the Planning Act, R.S.O. 1990, c.P.l3 (as amended, the "Planning Act")
authorizes a municipality to designate part of any plan of subdivision that has been registered for
eight years or more not to be a part of a plan of subdivision for subdivision control purposes.
AND WHEREAS Council deems it advisable in order to adequately control the development of
land in the municipality that a by-law be passed pursuant to the said section.
NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS
AS FOLLOWS:
1. THAT the following lands be and are hereby deemed not to form part of a plan of
subdivision for the purposes of subsection 50(3) of the Planning Act:
Part Lot 84
Concession I, E.Y.S.
being Blocks 1, 2, 3, 4, 5 and 6
on Registered Plan 65M-2718
Town of Aurora
Regional Municipality of York
(in the geographic Township of Whitchurch)
2. THAT Staff are hereby authorized to register this By-law in the Land Registry Office in
relation to the lands deemed herein.
3. THAT Staff are required to provide notice of the enactment of this By-law to each owner of
land to which the By-law applies in accordance with the provisions of the Planning Act.
4. THAT the provisions of this By-law shall come into force and effect upon third reading
thereof.
READ A FIRST AND SECOND TIME THIS lOTH DAY OF SEPTEMBER, 1997.
READ A THIRD TIMEAND FINALLY PASSED THIS lOTH DAY OF SEPTEMBER, 1997.
OCT-25-2001 11'38 BLOOM & LRNYS
To:
Fax:
250 Roehampton Avenue,
Suite 100
Toronto, Ontario
M4P1RQ
Janet Van Scheyndel
905-727-4269
Phone:
Re:
D Urgent x For Review
• C:omment&
From:
Pea••=
Date:
C:C::
D Pleue Comment
416 485 6054 P.01/03
BLOOM & LANYS
Barristers & Solicitors
Phone(416)48~9913
Fax (416) 485-6054
Barbara Lanys
3
10/25/01
xPI .. eeReply 0 PlnH Recycle
' Cf--'"
BLOOM & IANYS
BARRISTERS & SOLICITORS
JACK SLOOM, S.A., LL.S.
BARBARA LANYS, S.Sc., ll.S.
October 25, 200 I
Town of Aurora
Legal Department
100 John West Way
Aurora, Ontario
L4G6Ji
Attention: Janet Van Scheyndel
Dear Ms. Van Scheyndel:
Re: 226 Industrial Parkway, Blocks 4, 5, & 6 Plan 65M-2718,
And 250 Industrial Parkway, Block 3, Plan 65M-27!8
& 260 Industrial Parkway. Blocks I & 2. Plan 65M-2718
250 lroehampron Avenue
Suire 100
Toronto, Canada
M4P 1R9
Tcdephone ( 416) 486·9913
Telecopier ( 416) 485-6054
As you are aware, I act for the Purchaser of226 Industrial Parkway and for a different
purchaser of250 & 260 Industrial Parkway. Our search revealed that the plan of
subdivision has been deregistered against these properties leaving a situation where 226
Industrial Parkway cannot be sold separately from 250 & 260 Industrial Parkway.
As 1 explained to you, my clients were at all times partners with Revlis Securities
Limited, (ptincipal-Joe Lebovic) in owning these lands and are now they are purchasing
Mr. Lebovic's SO% interest. One partner wishes to take title to 226 Industrial Parkway
property and the other wishes to take title to 250 & 260 Industrial Parkway.
From our infonnation, 226 Industrial Parkway was built some 11 years ago. 250 & 260
Industrial Parkway were built fairly recently within the last 2-3 years. I assume that that
the by-law deregistering the plan went on as a result of the development of 250 &. 260
Industrial Parkway and 226 Industrial parkway was caught by the deregistration. When I
review your report No. PL97·114, I note that the subject lands are indicated as Block 3 on
Plan 6SM·2718. In the paragraph entitled "Planning Considerations" it is indicated that
items such as parking spaces, driveway access points and garbage enclosure on abutting
properties which are also separate blocks owned by the applicant .. but I believe that these
are not pEII't of the blocks that compose 226 Industrial Parkway.
If we choose not to close and take as we cannot get separate deeds we run the risk of
losing our deposits and being involved in a lawsuit with Lebovic. If we take the chance,
and take a deed for the entire parcel in a trustee corporation and we make the application
ourselves, we may not obtain the severance and run the risk of a lawsuit from both
purchasing partners, who have separate interests.
£0/c0"d PS09 SSP 9~P SANtJl '<l WOOlEI s£=~~ ~00c-sc-1JD
OCT-25-2001 11:39 BLOOM & LANYS 416 485 6054 P.03/03
You have been most helpful in providing me with information from your files, and your
compassion for my situation is heartfelt, I need to however call upon you for a little more
assistance in the hopes that it can provide me with the knowledge I need to make a
decision prior to closing,
Could you please circulate this letter among the various departments contacted for a
severance application to obtain the staff views of the possibility of obtaining a severance
from the Committee of Adjustments of226 Industrial Parkway from250 & 260 Industrial
Parkway. (250 & 260 can remain in one deed). If you could get this information to me by
October 30 2001, then we will be in a better position to make a decision with the Vendor.
I thank you for your assistance herein it is greatly appreciated.
Yours very truly,
TOTAL P.03
LEBOVIC
G
. ENTERPRISES
·August 14, 1997
. Town of Aurora
100 John West Way
P. 0. Box 1000
Aurora, Ontario
L4G 611
Attention: Mr. Bruce Hoppe
Dear Sirs:
"97 AUG 22 P 1 :49
CLERh . .) Jch'u\ 1 1-kN I
RE: 250 Industrial Parkway North. Aurora-D11-17-97
Further to our site plan application for the above building this will confirm that notwithstanding
the existing blocks, that Blocks 1-6, Plan 65M-2718 are being developed as one property for the
purpose of industrial building by Rev lis Securities Limited.
I have confirmed with Mr. Allison that we are treating the blocks as one site to develop the best
plan and if there were to be a sale we know a severance would be required to deal with access,
servicing, setbacks or other municipal standards.
I trust this will satisfy your concerns and release the building permit, however if there are any
other concerns please let me know.
Yours very truly,
RE:L. Is.s:cp~ITIES LIMITED
p/naJuJc0r
.,k{iloyd Cherniak, B.A., C.R.A., P.L.E. o ~· Executive Vice President
LC/ms
w OVER 40 YEARS OF EXCELLENCE
MEMBER
P.O. BOX 1240 I STOUFFVILLE, ONTARIO L4A 8A2/TELEPHONE: (905) 640·7361/ FACSIMiLE: 640·7369
PLANNING ACT
(RSO 1990, Chapter P.13, as amended)
NOTICE OF THE PASSING OF A BY-LAW
BY THE CORPORATION OF THE TOWN OF AURORA
TAKE NOTICE that Council of the Corporation of the Town of Aurora enacted By-law 3867-
97.D on the lOth day of September, 1997, under section 50(4) of the Planning Act.
PURSUANT to the Planning Act, this notice is provided to you as a person appearing on the last
revised assessment roll to be the owner of land to which the by-law applies.
TAKE NOTICE that Council of the Corporation of the Town of Aurora shall provide a hearing
in person or by agent to any person to whom this notice is sent, provided such person within
twenty (20) days of the mailing of this notice gives notice to the Municipal Clerk that such person
desires to make representation respecting the amendment of repeal of By-law 3867-97 .D.
IN ORDER to obtain a hearing in relation to By-law 3867-97.D, you must file notice with the
Municipal Clerk not later than the 9th day of October, 1997.
Dated at the TOWN OF AURORA this 19th day of September, 1997.
Gordon Whicher, B.A., LL.B.
Solicitor
E:\USERS\SHARED\COUNCIL.WRK\DEEM·BY.NOT
Town of Aurora
100 John West Way
Box No. 1000
Aurora, Ontario
L4G 6)1
Tel: (905) 727-1375
September 19, 1997
REVLIS SECURITIES LIMITED
P.O. Box 1240 Stn Main
Stouffville, Ontario
L4A8A2
Re; Registered Plan 65M-2718
(SENT BY REGISTERED MAIL)
Attached please fmd notice of.the enactment of a by-law provided to you pursuant to the provisions
of the Planning Act, along with a copy of the by-law relating to this matter. For your information,
we are in the process of registering the by-law in the appropriate Land Registry Office.
Essentially, these materials result in consolidating Blocks 1, 2, 3, 4, 5 and 6 on Plan 65M-2718
into one parcel. The individual lots can no longer be conveyed separately without first obtaining
municipal approval.
You have the right to make representations to Council respecting this by-law within the time frame
set out in the attached notice.
If you have any questions in this regard, please contact the undersigned at extension 224.
Gordon Whicher, B.A., LL.B.
Solicitor
GW/jv
pc: Lloyd Cherniak, Lebovic Enterprises
---~--
Town of Aurora
100 John West Way
Box No. 1000
Aurora, Ontario
L4<:; 6)1
Tel: (905) 727-1375
November 25, 1997
Lebovic Enterprises
Attention: Lloyd Cherniak
P.O. Box 1240
Stouffville, Ontario
L4A 8A2
Dear Mr. Cherniak:
Re: Blocks 1 to 6, Plan 65M-2718
250 Industrial Parkway North, Aurora
Revlis Securities Limited
Further to your letter of August 14, 1 997, please be advised that By-law 3867-97. D
to deem part of Registered Plan 65M-2718 not to be a part of a registered Plan of
Subdivision has now been registered with the appropriate Land Registry Office.
Enclosed herewith is a copy of the registered By-law for your files.
Yours truly,
Ja~t Van Scheyndel
Council/Committee Secretary
En cis.
E:\USERS\SHARED\AAA\3867.LET
I
J-11L-ifls51
Number .. , •• , ................................ uooo
CERTIFICATE OF RECEIPT
9il NOV 1q 14
YORK REGION
No.65
NEWMARKET Asst. Dep. Land Reglstlar
1 New Progerty I dentJfiers
AdditiOI"'ai: s ..
Sc-.le
Document General D Form 4 -i.<lncl Aec.~tatnotlon Flelonn Act
0
0
(2) Page 1 of Z.. pages
Additional:
(Pursuant to Seqtion 297 of the Municipal Act
R.s.o. 1990 c.M.45 as amended)
w
TWO --------------------------------------------------
------------------------------Dolin 12.00 --Part Lot 84
Concession I, E.Y.S.
being Blocks 1, 2, 3, 4, 5 and 6
on Registered Plan 65M-2718
Town of Aurora
Regional Municipality of York
(in the geographic Township of Whitchurch)
(II Rldllcnt>tion
Nawe-.n~
PIIRISkiiCII
Additional
O.Cnt>tion O Partieo 0 O!Ntr ~
i (bl Sc'*IYIII lor:
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THE CORPORATION OF THE TOWN OF AURORA hereby applies to register By-law 3867-97.D'
a certified copy of which is attached hereto.
Conlin-on SchedYie c
( (I) Tille 0-t ,.. ... 10 lno-numlllr(o) }
(10) P~illl) (Set oyt Slai\Ja or lntarOII) Slgnatu~ I) 2 b Name(s) Date of Signatul9
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TOWN OF AURORA ~/_; _/, .
_1997: /( ·1/3 . THE CORPORATION OF THE
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(11)-
torS...,.. Town of Aurora, 100 John West way, P.O. Box 1000, Aurora, Ontario L4G 6J1
(12) Parl't(lell (Set oyt Statys or tnterootl
Date ot Signatu.r& Name(sl Signatul"9(s) y .., 0
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. . . . . . . . . . . . . .....
. . . . . . . . . . .. . .
. . . . .. ...
(13) Add1911
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(14) MYniCifiOl Addrna of Propony (15) Document P,..t>MM by: fiT >· F'eet and Tax
:lOt af?plicab1e Gordon Whicher, B.A.,
.....
LL.B z: o: Fleg1strat10n Fee
Solicitor, Town of Aurora ~I . 100 John West Way ::JI
P.O. Box 1000 ~I ·r Aurora, Ontar~o I'"' ....
:-lG CJl 01
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1 New Property Identifiers
AdditiOnat s ..
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(1)
of the Municipal Act
on
TWO --------------------------------------------------
------------------------------Dottm Sz. oo
Part Lot 84
Concession 1, E.Y.S
being Blocks 1, 2, 3, 4, 5 and 6
on Registered Plan 65M-2178
Town of Aurora
Regional Municipality of York
(in the geographic Township of Whitchurch)
(7) TNo
Oocu:rnenc eo. ....
i (b) Scneduie tor:.
0 i O.:ription 0 Additional
~artiee 0 omer ~
THE CORPORATION OF THE TOWN OF AURORA hereby applies to register By-law3867-97.D,
a certified copy of which is attached hereto.
(10) Partl(lea) (Sel out Status or tntereel)
Narne(s)
THE CORPORATION OF THE TOWN OF AURORA
Continued on Schedule C
Date of Signatu,.
V M 0
.1997 b9.[.t.k
1~97. Q~ !~~
: ~
~~~~-------------------------------------------------~--~~-1 (11)-
torSomce 4 6Jl Town of Aurora, 100 John West Way, P.O. Bo" 1000, Aurora, Ontario L G
(12) Partl(lea) (Sat out Status or tntareot)
Name(s)
\
Date of Signature
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~-=~:----·-···---------------------------------------------_..;..--___;. ____ -1 (13)Ad-
torSomce
(14) Municipal Add...a of Property
~ot a[)plicab1e
(15) Oocu"""'1 Prwpared by:
Gordon Whicher, B.A., LL.B
Solicitor, Town of Aurora
100 John west Way
?.0. Box 1000
Aurora, Ontario
:.AG 6Jl
.
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THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3867-97.D
BEING A BY-LAW to deem
part of Registered Plan 65M-
..:;7t8 not to he part of a
"'"' ~red Plan of Subdivision.
6 f~7 8 -.,e-o.-$ l e.-""' \?
WHEREAS section 50 of the Planning Act, R.S.O. 1990, c.P.13 (as amended, the "Planning Act")
authorizes a municipality to designate part of any plan of subdivision that has been registered for
eight years or more not to be a part of a plan of subdivision for subdivision control purposes.
AND WHEREAS Council deems it advisable in order to adequately control the development of
land in the municipality that a by-law be passed pursuant to the said section.
NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS
AS FOLLOWS:
1. THAT the following lands be and are hereby deemed not to form part of a plan of
2.
subdivision for the purposes of subsection 50(3) of the Planning fc;;.:;t:-.. _____ ·--..,
TOWN OF AlfflOf\A
Part Lot 84
Concession I, E.Y.S. ·
being Blocks 1, 2, 3, 4~5 d 6
on Registered Plan 65 2178 ?1 1 ~
Town of Aurora
Regional Municipality of York
(in the geographic Township of Whitchurch)
THAT Staff are hereby authorized to register this By-law in the
relation to the lands deemed herein.
CERTIFIED TRUE (Oj)Y
DMEo'71Z i
G. WHICHER
Deputy Clerk
ICe In
3. THAT Staff are required to provide notice of the enactment of this By-law to each owner of
land to which the By-law applies in accordance with the provisions of the Planning Act.
4. THAT the provisions of this By-law shall come into force and effect upon third reading
thereof.
READ A FIRST AND SECOND TIME THIS lOTH DAY OF SEPTEMBER, 1997.
READ A THIRD TIME AND FINALLY PASSED THIS lOTH DAY OF SEPTEMBER, 1997.
T. UNICIPAL CLERK