BYLAW - Stop Up Close Sell Portion of Edward St - 19970115 - 3781961,'1 .,
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THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3781-96. T
BEING A BY-LAW to stop up, Close
and sell a portion of Edward Street
in the Town ofAurora.
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 Edward 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 the portion of Edward Street described on Schedule "A" hereto (the "Road") be assumed
for maintenance purposes;
2. THATthe Road be and is hereby dedicated as public road forming part of Edward Street in the
Town of Aurora;
3. THAT the Council does hereby stop up and close the Road to vehicle and pedestrian traffic;
4. THAT the Road is hereby declared to be surplus land;
5. THAT Council does hereby authorize the sale of the Road to the adjacent land owner, Exal
Aluminum Inc., for $10,000.00 provided Exal Aluminum Inc. pays 112 the cost of preparing a
reference plan for the Road, and reserving such easements for utilities and services as may be
required;
6. THAT the Mayor and Clerk are hereby authorized to execute all documentation in connection
with the stopping up, closing and sale of the Road;
7. THAT attached hereto as Schedule "B" 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 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, after notice of
no objection from the Regional Municipality of York has been received and after a certified copy
of this By-law has been registered in the Land Registry Office for the Land Registry Division
ofYorkRegion(No. 65).
READ A FIRST AND SECOND TIME THIS 18th DAY OF December, 1996.
READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY. Ji' January, 1997.
L. ALLISON, MUNICIPAL CLERK
SCHEDULE "A"
to By-law No. 3781-96.T
All and singular the following lands and premises:
Part of Edward Street
Registered Plan 488
Town of Aurora
Regional Municipality of York
as described on a. site plan attached hereto
Staff of the Corporation are hereby directed to commission a reference plan of survey respecting the
above described land and to substitute a revised Schedule "A" to this By-law referencing the legal
description set forth in the said plan.
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DUNNING
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SCHEDULE "A"
to By-law No. 3781-96.T
All and singular the following lands and premises:
Part of Edward Street
Registered Plan 488
designated as Parts 3, 5 and 6
on Reference Plan 65R-7942
Town of Aurora
Regional Municipality of York
SCHEDULE "B"
to By-law No. 3781-96.T
AFFIDAVIT
IN THE MATTER OF the stopping up, closing and sale of part of Edward Street 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 (the "Town") and as such have
knowledge of the matters hereinafter deposed to.
3. By-law No. 3781-96.T authorizing the stopping up, closing and sale of the land described in
Schedule "A" to this By-law (the "Road") was read a first and second time by the Town on
December 18. 1996 and was read a third time and finally passed by the Town on January 15.
1997.
4. The Town gave notice of the proposed stopping up, closing and sale of the Road by publishing
notices in the Era Banner on November 26 and on December 3, 10 and 17, 1996.
5. The Council of the Regional Municipality of York at its meeting on Feb. 13 (97 advised that
it had no objection to the proposed closure of the Road.
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
Road is of a prescribed class that does not require an appraisal.
Sworn before me at the Town of Aurora
this ::t \ day of ---'-t--'J==" _ , 199 7
A Commissioner etc.
••••••••••••••••••••••••••••••••••••••••~•o
OORDON JAMES WH!CHER, a C~ etc.,
Reg!orwJ Munlci;lll!!ly of Vorl<, for lire Cn:;mrol!oo
cf tlw '11>\'.-n of A!lf,;,'ll.
Lawrence Allison, A.M.C.T.
Municipal Clerk
DYE & OUAH ... M CO. INC. -Form No. 985
Am•nded NOV. 1992
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11_1if~ of ~<;;: Ontario .
R695791
r~umber ..........................
CERT!FlCitTE OF REGISTRATIO,
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VDGK REGiON ~ ,. lio. 65 ... llE\fJMARK:T z
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New Property ldentifien~
Document General
Form 4 -Land Registration Reform Act D
(1) Reglotry []] Land Tlltel 0 T (2) Page 1 of '-' pages
(3) Propel1y Block Property
Identifier( a) Additional:
See 0 Schedule
(4)Nature of Document BY-LAW (Pursuant to Section 297
of the Municipal Act R.S.O. 1990 c.M.45 as amended)
(5) Conliderallon 1 \/VlJ ----------------------------------------------
-~--·----------------------------------------Dolla111 $ 2.00
(6) Deocrtption
Part of Edward Street
Registered Plan 488
designated as Parts 3, 5 an.d 6
on Reference Plan 65R-7942
Town of Aurora
Additional: Regional Municipality of York See 0 Schedule
Executlona
(7) Thlo (a) Redescription (b) Schedule for:
AddiUonal: Document New Easement Additional
See 0 Contalna: Plan/Sketch 0 Description 0 Parties O Other. 00 Schedule
(8) Thil Document provides aa followa:
A certified copy of By-law 3781-96.T is attached hereto.
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Continued on Schedule 0
(9) Thlo Document relates to lnotrument numblr(o)
.
(10) Party(leo) (Set out Status or Interest)
Signature(s) (2. Date of Signatuna Name(s)
Y M D
THE CORPORATION OF THE TOWN OF AURORA ~~A -. . ' • ""/ · iJ997 [63 ;&><:> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · tirid · ·r.f!loi · :-:--x · · · ~ · · · · · ! · · · · · 1 · · · r· · ·
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(11) Addreu
for Servlcl Town of Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario L4G 6Jl
(12) Party( leo) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
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1 . . . . ' . . . . . ' . ' ' . . . . ' . . . ' ' . . . ' ' . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . ' ....
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(13) Addreu
for Servlcl
(14) Munlclpel Addre11 of Property (15) Document Prepared by: ,. Fees and Tax ... z Registration Fee
not applicable Gordon Whicher, B.A., LL.B 0
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Solicitor, Town of Aurora (/)
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100 John West Way, P.O. Box 1000 w
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Aurora, Ontario L4G 6Jl u.
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Region
February 17, 1997
Mr. L. Allison
OFFICE OF THE REGIONAL CLERK
17250 YONGE STREET, Box 147
NEWMARKET, ONTARIO
L3Y 6Z1 I,. L• .
'97 FEB 19 A10 :10
1~LL' ~.
Director, Corporate Services
Town of Aurora
P.O. Box 1000
100 John West Way
Aurora, Ontario
L4G 6J1
Dear Mr. Allison:
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,
February 13, 1997, adopted, without amendment, the appended Clause No. 6 contained in
Report No.3 of the Regional Transportation and Works Committee, entitled "Stop Up,
Close and Sell, Edward Street-Aurora".
Regional Council advises it has no objection to your intention to stop up, close and sell a
portion of Edward Street at the southeast corner ofDunning Avenue.
Yours truly,
Doris Sue:bb
Encl.
c. Commissioner of Transportation and Works
YORK
Clause No. 6 embodied in Report No. 3 of Transportation and Works Committee, which
was adopted, without amendment, by the Council of The Regional Municipality of York on
Thursday, February 13, 1997.
6 STOP-UP, CLOSE AND SELL
EDWARD STREET-AURORA
The Transportation and Works Committee recommends the adoption of the
following report, January 15, 1997, from the Commissioner of Transportation and
Works:
1.0 Recommendation
It is recommended that the 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 Edward Street at the
southeast corner of Dunning Avenue.
2.0 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
Edward Street at the southeast corner of Dunning Avenue. A sketch showing the subject
site is appended to this report.
Transportation and Works Department staff have reviewed this matter and have
found no Regional concern regarding this proposed road closure.
(A copy of the attachment referred to in the foregoing has been forwarded with the
February 5, 1997 Transportation and Works Committee agenda and a copy thereof is also
on file in the office of the Regional Clerk.)
I
~ LOCATION PLAN 0 g
~ STOP UP AND CLOSE
EDWARD STREET
TOWN OF AURORA
Transportation and Works
DUNNING STREET
DIVERSION OF
EDWARD STREET
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(;:::;;;::;:;) SITE LOCA110N
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ID\D
BUSINESS ARISING FROM COUNCIL C03/36-96
TO: G. WHICHER, SOLICITOR
FROM: L. ALLISON, DIRECTOR OF CORPORATE SERVICES
DATE: DECEMBER 20, 1996
RE: COUNCIL MEETING HELD ON DECEMBER 18, 1996
Your attention is drawn to the following which was adopted by Council at the above-
noted meeting:
CAl6-064-321 -Proposed Closure and Sale of a Portion of Edward Street
#715. Moved by Councillor Sorley Seconded by Councillor Morris
THAT Bill 3781-96.T, being a By-law in relation to the closure and
conveyance of a portion of Edward Street, be provided first and second
reading; and
THAT, subject to fulfilment of all statutory preconditions to the formal
road closure, including Regional approval and registration of the road
closure by-law, the Mayor and Clerk be authorized to execute all
documentation required to convey the subject portion of the closed
roadway to the adjacent land owner, Exal Aluminum Inc., reserving
appropriate easements as discussed in this Report.
CARRIED
1. f. d. matter requires your attention (_,--Addjtjonal
Comments
is sent for your information
2. __ this matter requires your attention
is sent for your information
3c;:•p•rtment wUI/~ notify
L. Allison
LA/ed
cc: M. Francis
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