BYLAW - Dedicate Certain Lands as Public Highways - 19981014 - 399198TTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 3991-98. T
BEING A BY-LAW to dedicate
certain lands as public
highways on Reference Plan
65R-18443 and 65R-19880 both
forming part of Yonge Street in
the Town of Aurora.
WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, Chap. M.45, as amended authorizes
the Council of a local municipality to enact By-laws to establish and lay out lands as public
highways;
AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora deems it
necessary and expedient to dedicate certain lands and reserves as public highways;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT the land described as Part of Lots 76 and 77, Concession I, W.Y.S., designated as
Part 4 on Reference Plan 65R-18443, Town of Aurora, Regional Municipality of York (in
the geographic Township of King), be and is hereby dedicated as a public highway forming
a part of Y onge Street in the Town of Aurora.
2. THAT the land described as Part of Lot 5, Registrar's Compiled Plan 10328, designated
as Part 2 on Reference Plan 65R-19880, Town of Aurora, Regional Municipality of York
(in the geographic Township of Whitchurch), be and is hereby dedicated as a public
highway forming a part of Y onge Street in the Town of Aurora.
3. THAT the provisions of this By-law shall come into force and effect upon fmal passage
thereof and following registration in the appropriate Land Registry office.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF SEPTEMBER, 1998.
READ A THIRD TIME AND FINALLY PASSED THIS I4"' DAY OF OCTOBER, 1998.
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Additional:
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This Document provides as follows:
Document General OYE & DURHAM CFS POLARIS 1995
Form 4 -Land Registration Reform Act D
(1) Registry ~ Land Titles D l (2) Page 1 of ~ages
(3) Property Block Property @,} <&Jditional:
ldentifier(s) {) ~fotjt{ r oo~ ( ..1-\9 3 Co't~ -00 'f 7 ~~~edule D
<"~r~~~W'{~8f~IUI'Rfto Section 297 of the Municipal Act R.S.O. 1990
c.M.45 as amended)
(5) Consideration zero-----00/1 00
Dollars $ 0.00
(6) Description
FIRSTLY:
Part of Lots 76 and 77, Concession I, W.Y.S.
designated as Part4 on Reference Plan 65R-18443
Town of Aurora, Regional Municipality of York
(in the geographic Township of King)
AND SECONDLY:
Part of Lot 5, Registra(s Compiled Plan 10328
designated as Part 2 on Reference Plan 65R-19880 D Town of Aurora, Regional Municipality of York
(in the geographic Township of Whitchurch)
(7) This (a) Redescription : (b) Schedule for:
Document : Additional D New Easement D: Description D Parties D Other [RJ Contains: Plan/Sketch
A certified copy of By-law 3991-98. T is attached hereto.
Continued on Schedule D
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest) ~~ Date of Signature Name(s) Signature(\) ~ y M D
THE CORPORATION OF THE TOWN OF AURORA .. ~? .. ~. : 1998 : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-,...,. . . . . . '· .... '/.0, ,;10
' ' ' ' ··r;i~o' ' ' ' ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ . . . . ' ' . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . . . . 1998. Vo l<XC?
' ' Lawrence Allison, Municipal Clerk ' ' ' ' ' '
(11) Address Town of Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario, L4G 6J1 for Service
(12) Party(ies) (Set out Status or Interest)
Date of Signature Name(s) Signature(s) y M D
; ;
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' ' ' ' ' ' ' ' (13) Address
for Service
(14) Municipal Address of Property (15) Document Prepared by: I'" Fees and Tax
> " Registration Fee z
Lonny G.Knox, Solicitor 0
not applicable
w
Town of Aurora "' ::>
100 John West Way w
() ., P.O. Box 1000 ~
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Aurora, Ontario L4G 6J1
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Town of Aurora
100 John West Way
Box No. 1000
Aurora, Ontario
l4G 6)1
Tel: (905) 727-1375
November 12, 1998
Harris, Sheaffer
Attention: Gary H. Harris
Y onge Corporate Centre
4100 Y onge Street, Suite 310
Toronto, Ontario
M2P2BS
Dear Mr. Harris:
Legal Services
Tel. No. (905) 727-1375, ext. 229
Fax No. (905) 841-3483
Re: By-law 3991-98.T to Dedicate Certain Lands on Yonge Street as Public Highway
Further to your request of September 3, 1998, please be advised that the above-noted By-law has
been passed and is now registered with the Land Registry Office, a copy of which is enclosed
herein.
For your information, the Town of Aurora's fee for registering legal documents with the Land
Registrar is $80.00 per document. In this regard, we are requesting that a payment of $80.00 for
the one (1) registration relating to your client, Sundial Homes be forwarded to our office
If you have any concerns in this regard, please do not hesitate to contact the undersigned at your
earliest convenience.
Yours truly,
c:Janet Van Scheyndl!
Legal Assistant
Encls.
'I
. ~--. / . / ""'-'-
HARRIS, SHEAFFER
BARRISTERS & SOLICITORS
YONGE CORPORATE CENTRE
4100 YONGE STREET, SUITE 310, TORONTO, ONTARIO M2P 2B5
TELEPHONE (416} 250-5800 /FACSIMILE (416) 250-5300
September 3rd, 1998
The Corporation of the Town
of Aurora, Department of Roads
P.O. Box 1000
100 John West Way
Aurora, Ontario
L4G6J1
Dear Sir/Madam:
File. No. 970116
Re: Application by Sundial Homes (Mosaics) Limited registered as the owner of Part of Lots 76
and 77, Concession 1, in the Town of Aurora, in the Regional Municipality of York
We are the solicitors acting on behalf of Sundial Homes (Mosaics) Limited in connection with an
Application for First Registration with respect to the subject lands. On June 9 .. , 1998, a Notice
package with respect to Application No. R723086 was forwarded to you, which included a copy of a
draft Reference Plan. Since that date we have become aware of a Right-of-Way which was reserved
in favour of the Transferors under a Transfer to the Corporation of the Town of Aurora over Part of
Lots 76 and 77, Concession 1, West ofYonge Street, in the Town of Aurora, being designated as
Part4, Plan 63R-18443,,iJntil such time as itis dedicated as a public highway. As a successor in title..::<
of the Transferors over a portion Of the lands benefiting by the Right-of-Way, our clients would also
•
be entitled to use the Right-of-Way over a small portion of Part 4, Plan 63R-18443, which provides
access to Yonge Street from the subject lands. It was therefore necessary to amend our draft
Reference Plan to show that portion, which is now being shown as Part 9 on an amended draft
Reference Plan. We are therefore enclosing herewith a new package which has the effect of serving
Notice of our right to use that portion ofPart4, Plan 63R-18443, now being shown as Part9, until
such time as it is dedicated as public road. In all other respects, the Plan is the same as the Plan
received in your package of June 9... /
In the event you~ objectio~amended Plan, a letter to this effect would be appreciated.
As this change ~lythe N~ich was given to you, we would then be in a position to
proceed with the Application. In the event you are unable to provide us with a consent, the normal
30-day notice period will apply which will now expire on October 6th, 1998.
Yours very truly
., • • • •
BARRY ROTENBERG GARY H. HARRIS ROBERT D. SHEAFFER PHILIP j. DRAPER MARK E FREEDMAN
•
DAVID R. WOLFISH
(1985 -1997)
•
STEPHEN M. KARR
• •
MARTIN P. HOUSER CAROLYN P. 5TAMEGNA
HARRIS, SHEAFFER
BARRISTERS & SOLICITORS
YONGE CORPORATE CENTRE
4100 YONGE STREET, SUITE 310, TORONTO, ONTARIO M2P 2B5
TELEPHONE (416) 250-5800 /FACSIMILE (416) 250-5300
•
September 3rd, 1998
The Corporation of the Town
of Aurora, Department of Roads
P.O. Box 1000
100 John West Way
Aurora, Ontario
L4G 6J1
Dear Sir/Madam:
File. No. 970116
Re: Application by Sundial Homes (Mosaics) Limited registered as the owner of Part of Lots 76 and 77,
Concession 1, in the Town of Aurora, in the Regional Municipality of York
The applicant, whose name appears on the enclosed notice, has made an application under the Land Titles Act to
have the title to the property shown in heavy solid lines on the accompanying plan registered under the Act
The notice and a print of the draft reference plan, used to define the extent of the land under application, has been
served on you because you appear, according to the land registry office records, to have an interest in lands
adjoining the land under application, m: an interest in the land under application. Your interest is indicated in the
enclosed notice.
We suggest that you examine the draft plan carefully to determine whether you are satisfied that the boundaries of
the land under application, as shown on the plan in heavy solid tines, properly reflect the extent of ownership and
interest being claimed by the applicant in relation to your lands. In this regard, be conscious of any apparent
encroachments and the location of existing structures or fences, if any, shown on the plan.
If· you have any questions with respect to the location of your property on the plan, or the interpretation of the plan,
please contact me at:
Harris, Sheaffer, 4100 Yonge Street, Suite 310, Toronto, Ontario, M2P 285, to the attention of
Gary H. Harris;
or the applicant's surveyor at
Speight, Van Nostrand & Gibson Limited, 73 Laird Drive, Toronto, Ontario, M4G 3T4, to the
attention of E. Gacser.
Al\hough a statement of claim will be admitted if flied at any time before the application Is completed, If you wish to
file a statement of claim. you should do so within the time set out-in the enclosed notice.
If you have any questions or objection in connection with the environment, land use, re-zoning or proposed
development of the subject land, please contact your property municipal offices.
Encl.
. , • • • •
BARRY ROTENBERG GARY H. HARRIS ROBERT D. SHEAFFER PHILIP j. DRAPER MARK E FREEDMAN
• DAVID R. WOLFISH
(1985 -1997)
•
STEPHEN M. KARR
• •
MARTIN P. HOUSER CAROLYN P. STAMEGNA
•
FORM2
LAND TITLES ACT
NOTICE OF APPLICATION FOR FIRST REGISTRATION
Re: Application registered as No. jeze;r3o8Jo
TAKE NOTICE THAT SUNDIAL HOMES (MOSAICS) LIMITED has made an
application to be registered under the land Titles Act as the owner In fee simple
with an absolute title to certain land described as follows:
Parts of lots 76 and 77, Concession 1, in the Town of Aurora, in the
Regional Municipality of York, (originally In the Geographic
Township of King, County of York) being Parts1 and 2, on the print of
a draft Reference Plan dated June 3rd, 1998, signed by E. Gacser,
O.L.S., and attached to Instrument No.~ 7 .;{Jo8-.S:,.
Description continued on Schedule "A".
AND TAKE NOTICE THAT any person claiming to have any title to or Interest In
the said land or any part thereof (other than an interest protected by
registration) is required on or before July ~ , 1998, (which Is thirty days
from the date this notice was served) to file a statement of objection, setting out
the grounds for such objection, verified by affidavit, directed to the land
registrar at the address of the solicitor at the following address:
Harris, Sheaffer, 4100 Yonge Street, Suite 310, North York, Ontario,
M2P 285, to the attention of Mr. Gary H. Harris.
This notice is served upon you because you appear to have an interest in land
that: (Check one)
__ touches the limits of the land Included in the application; or
__ Is included in the application
DATED at Toronto, on the ~day of June, 1998.
.,
SUNDIAL HOMES (MOSAICS) LIMITED, by their
solicitors, Harris, Sheaffer
Pe" ;£5JV
Gary H. Harris
- 2 -
SCHEDULE "A"
Description continued:
SUBJECT TO an easement over Part of Lot 77, Concession 1, in the
Town of Aurora, in the Regional Municipality of York, as set out in
Instrument No. R718011, over Part 2, on the print of a draft Reference
Plan dated June Srd, 1998, signed by E. Gacser, O.L.S., and attached
to Instrument No. R723086.
TOGETHER WITH a Right-of-Way and easement over Part of Lot 77,
Concession 1, in the Town of Aurora, in the Regional Municipality of
York, as setout in Instrument No. R718014, over Part 3, on the print of
a draft Reference Plan dated June Srd, 1998, signed by E. Gacser,
O.L.S., and attached to Instrument No. R723086.
AND TOGETHER WITH an easement over Part of Lot 77, Concession
1, in the Town of Aurora, in the Regional Municipality of York, as set
out in Instrument No. R718014, over Parts 4 and 5, on the print of a
draft Reference Plan dated June Srd, 1998, signed by E. Gacser,
O.L.S., and attached to Instrument No. R723086.
AND TOGETHER WITH a Right-of-Way and easement over Part of Lot
76, Concession 1, in the Town of Aurora, in the Regional Municipality
of York, as set out in Instrument No. R718012, over Part 6, on the print
of a draft Reference Plan dated June Srd, 1998, signed by E. Gacser,
O.L.S., and attached to Instrument No. R723086.
AND TOGETHER WITH a Right-of-Way over Part of Lot 76, Concession
1, in the Town of Aurora, in the Regional Municipality of York, as set
out in Instrument No. R718012, over Part 7, on the print of a draft
Reference Plan dated June Srd, 1998, signed by E. Gacser, O.L.S.,
and attached to Instrument No. R723086.
AND TOGETHER WITH an easement over Part of Lot 77, Concession
1, in the Town of Aurora, in the Regional Municipality of York, as set
out in Instruments No. R718012, over Part 14, on the print of a draft
Reference Plan dated June Srd, 1998, signed by E. Gacser, O.L.S.,
and attached to Instrument No. R723086.
'I
STATEMENT OF CLAIM
LAND TITLES ACT
(Application for First Registration)
Re: Application registered as No.
1/we, being the registered owner(s) or mortgagee(s) or chargee(s) in possession or
(
1
) of the land to the 2 of PART(S) 3 on
the draft reference plan, and described as Instrument number 4 on
the said plan, hereby claim an interest in title (or an easement or a right-of-way or
other interes/)5 over that portion of the land described as
PART(S) 6 (oraportionofthePART(S) 7
), marked on the
print (or partial prin(J of the said plan6
•
My claim is based on _________________ _
In support of my/our claim, 1/we hereby attach an affidavit verifying the said claim,
and include all material or documents on which 1/we rely9
•
(Signature and name in print)
My address for service is:. _________ _
My telephone number during the day time is:. ____ _
1. Specify your interest in land and complete appropriately.
2. Describe if your land is to the north, south, east or west etc.
3. Enter Part number(s) according to the reference plan relative to which
your land is located, in conjunction with footnote 1.
4. Enter the Instrument number for your lands as it appears on the draft
reference plan.
5. If you are claiming title interest to a part of the land under application,
then delete words within brackets. If you are claiming an easement,
then delete the words "an interest in title", the brackets and all words
within the brackets except the word "easement". If you are claiming a
right-of-way, then delete the words that are Inconsistent with your
claim. If you are claiming any other interest, then specify same and
delete inapplicable words.
6. If you claim a whole Part according to the plan, then specify the Part
which you claim.
7. If you claim a portion of a Part, specify clearly the extent of portion of
that Part that you claim.
8. Mark the portion you claim on the print of the plan (or a partial copy of
the print), and enclose with your statement of claim.
9. Include an affidavit In support of your claim and include copies of all
documents, if any, on which you rely.
'I