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BYLAW - Dedicate Lands as Highway - 20000411 - 417000TTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4170-00. T BEING A BY-LAW to dedicate certain lands as public highway on Reference Plan 65R-17716 forming part of Hollandview Trail. WHEREAS, the provisions of section 297 of the Municipal Act, R.S.O. 1990, c.M.45 (as amended) authorizes the Council of a local municipality to pass 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 Lot 83, Concession 1, E.Y.S., designated as Part 5 on Reference Plan 65R-17716, in the 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 Hollandview Trail in the Town of Aurora. 2. 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 ll'h DAY OF APRIL, 2000. READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF APRIL, 2000. B. PANIZZA, MUNICIPAL CLERK Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario. L4G 6)1 Tel: (905) 727-1375 April 20, 2000 Bayview Wellington Management Inc. Attention: David Stewart 270 Chrislea Road Woodbridge, Ontario L4L6A6 Dear David: Legal Services Tel. No. (905) 727-1375, ext. 229 Fax No. (905) 841-3483 Re: By-law 4170-00. T to Dedicate lands on Hollandview Trail as public highway Please be advised that the above-noted by-law has now been registered, a copy of which is attached hereto. If you have any concerns in this regard, please do not hesitate to contact the undersigned at your earliest convenience. Yours truly, Atts. ,. ·· ProV1~ce of • _,. _ Ontario 4 Document General Form 4 -Land Registration Reform Act (1) Registry 0 Land Titles [R] l (2) l!1470791 (3) Property Block Property ldentifier(s) D.3G:.'-lL 0 '5'1 s --··. - DYE & DURHAM CFS POLARIS 1995 D Page 1 of 2 pages Additional: See 0 Schedule CER'tiFICATE OF RECEIPT (4~{:1:r_ur{iV'f Document - A (Pursuant to Section 297 of the Municipal Act R.S.O. 1990 c.M.45 as amended) >-oe 5Z -' YOAKfiUrdfi\t 2 () (5) Consideration zero-----00/1 00 z 0 ~KI!T A~~t.DIP-LIIIIIRaglstm w Dollars$ 0.00 (f) :::J .. ~ (6) Description "' Part of Lot 83 ol Concession 1, E.Y.S. cr designated as Part 5 c "-on Reference Plan 65R-17716 Town of Aurora New Property Identifiers Regional Municipality of York Additional: (in the geographic Township of Whitchurch) See 0 Schedule Executions Additional: (7) This (a) Redescription ; (b) Schedule for: See 0 Document New Easement D; D Additional D Other [XI Schedule Contains: Plan/Sketch : Description Parties (8) This Document provides as follows: THE CORPORATION OF THE TOWN OF AURORA hereby applies to amend the register for the lands described in Box (6) herein, by the registration of By-law 4170-00.T, a certified copy of which is attached hereto. . D Continued on Schedule (9) This Document relates to instrument number(s) //' // (1 0) Party(ies) (Set out Status or Interest) L Date of Signature Name(s) Signat re(s y M D THE CORPORATION OF THE TOWN OF AURORA : 2000 oJt! .17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... • • w w ~ ... ' ' ' By its Sol leiter ~~.n.Knox, elicitor ' ' .. ' ' ' ' ...... ' . ' ' ' ' (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 ; ; ' ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ......... . .. . . . . . . . . . . . . . . . . . . . .. . ... , , , I' . . ' ' ' ' . . . . . . . . . . . . . . . . . . . . . . .. . .. , , , I , , , ' ' ' . ' .......... . . . . . . . . . . . . . . . . . . ·:· . .. ' ' ' ' ' ' ' (13) Address for Service . (14) Municipal Address of Property (15) Document Prepared by: Ill Fees and Tax > " Registration Fee z Lonny G.Knox, Solicitor 0 not available w Town of Aurora "' ~ 100 John West Way w (.) P.O. Box 1000 ~ ~ Aurora, Ontario L4G 6J1 0 oc 0 ~ Jll Total ® MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS .Ontario PROPERTY DESCRIPTION, PROPERTY REMARKSo ESTATE/QUALIFIER FEE SIMPLE PT LT 83 LT CONVERSION QUALIFIED # PRINTOl/T lji!CWDES ALL D~UMENT TYPES #SUBJECT, dN FIRST REGIST~710N # # M DATE OF C~NVERSION LAND REGISTRY OFFICE ;065 PARCEL REGISTER (At-. EVJ. ·o;:;:o) FOR PROPERTY IDENTIFIER [ oa.:: ~o&98 ( L T) I PAGE 1 of PREPARED rOR: ON200D/04/20 * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * CON 1 WHITCHURCH PT 5 65Rl7716; S/T R668857; S/T INTEREST IN R668857 ; S/T WH19608 AURORA RECENTLY RE-ENTRY FROM 03641-1760 BLOCK IMPLEMENTATION DATE 1997/09/08 *RAGRAPH 14, PROVINCIAL SUCCESSION DU71ES # BE ENTTTLED TO THE lAND OR ANY PART OF"* MISDE~CRIPTION OR BOUNDARIES SETTLED BY"" OWNERS' NAMES THE CORPORATION OF THE TOWN OF AURORA WH19608 1946/04/13 I TRANS EASMENT THE HYDRQ-ELECTRIC POWER COMMISSION OF ONTARIO c A35401A 1959/11/20 I BYLAW c 1315. 'BYLAW EX PT LOT' TOI'BYLAW' ON 1997/12116 BY BARB WIUSON. 65Rl7716 1995/04/19 I PLAN REFERENCE c R668857 1995/11/20 I TRANSFER 15,862 THE CORPORATION OF THE TOWN OF AURORA c AT 08o27 CAPACITY BEND NOTEo ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANV, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTEo ENSURE THAT VOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT VOU HAVE PICKED THEM ALL UP. SHARE TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO. 12-00 HELD ON TUESDAY, APRIL 11, 2000 Moved by Councillor West Seconded by Councillor Healy THAT the following listed bill be given 1•1, 2"d and 3'd readings, and enacted: 4170-00.T Being a By-law to dedicate certain lands as public highway on Reference Plan 65R-17716 forming part of Hollandview Trail. CARRIED ACTION DEPT. Legal Services ------------------------- INFODEPT. ---------------------------- OTHER ------------------------------ TOWN OF AURORA EXTRACT FROM GENERAL COMMITTEE MEETING NO. 06-00 HELD ON TUESDAY, APRIL 4, 2000 & ADOPTED BY COUNCIL ON APRIL 11, 2000 7. CS00-015 -By-law to Dedicate lands on Hollandview Trail as Public Highway THAT By-law 4170-00.T be enacted to dedicate certain lands as public highway on Reference Plan 65R-17716 to form part of Hollandview Trail. ACTION DEPT. Legal Services INFO DEPT. ---------------- OTHER ________________ _ CARRIED L 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca April 12, 2000 · Mr. David Stewart Bayview Wellington Management Inc. 270 Chrisles Rd. Woodbridge, ON L4L6A6 Dear Mr. Stewart: File C03/GC06-00 Re: (Item 7) . CS00-015 -By-law to Dedicate lands on Hollandview Trail as Public Highway Please be advised that the following recommendation from the General Committee Meeting held on Tuesday, April 4, 2000 was adopted by Council at its meeting held on Tuesday, April 11, 2000: · THAT By-law 4170-00.T be enacted to dedicate certain lands as public highway on Reference Plan 65R-17716 to form part of Hollandview Trail. CARRIED The above is for your information and any attention deemed necessary. Yours truly, w B. Panizza Director of Corporate Services/ Town Clerk BP/ct TOWN OF AURORA GENERAL COMMITIEE REPORT I AGENDA ITEM# . 7 I No. CS00-015- SUBJECT: By-law to Dedicate laf!ds on Hollandview Trail as Public Highway FROM: B. Panizza, Director of Corporate Services DATE: April 4, 2000 RECOMMENDATIONS THAT By-law 4170-00. T be enacted to dedicate certain lands as public highway on Reference Plan 65R-17716 to form part of Hol/andview Trail. BACKGROUND On November 20, 1995 Ontario Hydro conveyed a portion of the hydro corridor (Part 5 on Reference Plan 65R-17716) for road purposes to the Town of Aurora in connection with Phase II of the Plan of Subdivision for Bayview Business Park Inc. (19T-88100). The subject lands connect Hollandview Trail between the two (2) Plans of Subdivision, 65M- 3192 and 65M-3193. The lands continue to be used as part of the Municipal road, but were never formally dedicated as public highway. The developer was notified of this issue when a solicitor for one of the purchasers of the lots searched the title of the client's property in preparation for an upcoming real estate transaction. The developer is therefore requesting that the subject lands extending Hollandview Trail between the two plans of subdivision be dedicated as public highway. COMMENTS In order to accommodate the closing date of real estate transactions, the Town Clerk provided the developer with written permission for unrestricted and unlimited access of the lands until such time as the dedication by-law could be registered. OPTIONS If Council chooses not to dedicate the lands as a public highway, the public will not have legal access to the portion of Hollandview Trail between the two plans of subdivision. 000068 April 4, 2000 - 2 -Report No. CS00-015 CONCLUSIONS Since the subject land is currently being used as part of a Municipal road, Staff are recommending that the land be formally dedicated as public highway through the adoption and registration of the related By-law. FINANCIAL IMPLICATIONS nla LINK TO STRATEGIC PLAN GOAL C: To continue well planned growth by protecting the overall investment of citizens in the community by ensuring high quality, comprehensive community planning. ATTACHMENTS • Letter of Request • Key Map • By-law 4170-00.T PRE-SUBMISSION REVIEW Management Team-March 29, 2000 Prepared by: Lon Knox, Solicitor, ext. 224 BOB ,-~-~..rvtL.Ll-1. Director of Corporate Services 000069 TO~N LJF NE:~MARKE:T I ·a I ~ ><ADLEY COURT I 1:::1 :t' J 1 VONNE PI..AC E ~ ;3 ~ ---.:;;::::f:;;;t:_ BALLYHORE milE --------------L---~-----i-------t-==~=:~R~E~NT~~~R~E£ET~-l-_;;/=7---D-QW_N_E_v_c_FC __ l_E ________________ j / / I :/>'j I ~I r P.£DE!m;N _ '- CRESCENT 1 \ ~-- lU;(TQN AVt. Approximate Location of Subject Lands w c:,_LlNGTDN j j j j -j ' j j j j j j j j j j j j j j j I j BAYVIEW-WELLINGTON ID:9052649846 MRR 28'00 12:31 No.003 P.Ol 270 Chrl>loo Road, Woodbridge Onlorio. L4L OM Ph0110 (905) 264·9644 Fax(QOS) 264·9846 Bayview-Wellington Management Inc. Fax Till The Town of Aurora -Legal Services Attention: Ms. J11net Van Scheyndel f'fl!ll 1·905.841-3483 Phone: 1-1105·727·1375 Re: B11yvlew Wellington Subdivision 19T. 86100 (Phase 2 • 85M·3192; BSM-3193) From: David Stewart Pt~go11 1 ~ncludlng cover page) Date: March 28, 2000 CC: Ursont Pleaa• Comment P 1oaao Reply P •••-Recycle Furth\lr to our discussion, please be advise that we have received a requisition concerning access In respect to the above referenced site. I understand that lhat the external road crossing of the Ontario Hydro Janus, d\l~ned as Part 6 on 65R· 17716, has not ba\111 dedicated as public highway. Please ari-an!:le for the necessa:y bylaw and road dedication as soon as possible. Ple11se contact me when this matter Is complete. Thank you for your assistance. Yours truly, .E.S., M.C.I.P., R.P.P. 000071 Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4G 6)1 Tel: (905) 727-1375 March 28, 2000 Bayview Wellington Management Inc. Attention: David Stewart 270 Chrislea Road Woodbridge, Ontario L4L6A6 Dear Mr. Stewart: Re: Permission for Access Legal Services Tel. No. (905) 727-1375, ext. 229 Fax No. (905) 841-3483 TRANSMITTED BY FACSIMILE Further to the attached request, please be advised that the by-law to dedicate Part 5 on Plan 65R- 17716 as public highway forming part of Hollandview Trail is expected to be considered by the General Committee on April4, 2000. If the Committee recommends all three readings of the by-law, it will then be considered for adoption at the April 11, 2000 Council Meeting. In the meantime, permission is hereby granted to the public, for unrestricted and unlimited access ofthe lands until such time as the dedication by-law has been registered. Failing lawful enactment of the by-law by the Municipal Council and registration thereof within six (6) months ofthe date of this letter, the interim permission granted by this letter shall expire. Notification of Council's decision in this regard will be provided to your firm as soon as the by-law is adopted. A duplicate registered copy of the by-law will be provided to you for your files once it becomes available. Bob Panizza Town Clerk Atts.