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BYLAW - Dedicate Lands as Highways - 20001010 - 422800TTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4228-00. T BEING A BY-LAW to dedicate certain lands as public highway on Registered Plans 246, 65M-3193, and 65M-3074 forming part of McMaster Avenue and Kennedy Street West. 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 Blocks 6 and 8, Plan 65M-3193, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of McMaster Avenue in the Town of Aurora. 2. THAT the land described as Block 10, Plan 65M-3074, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of McMaster Avenue in the Town of Aurora. 3. THAT the land described as Part of Lot 29, Registered Plan 246 as in B3749B, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Kennedy Street West in the Town of Aurora. 4. THAT the land described as Part of Lot 31 and Part of Lot 32, Registered Plan 246 as in PIN 03659-0190 (R), Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Kennedy Street West in the Town of Aurora. 5. THAT the provisions of this By-law shall come into force and effect upon final passage thereof and following registration in the appropriate Land Registry office. READ A FIRST AND SECOND TIME THIS lffh DAY OF OCTOBER, 2000. READ A THIRD TIME AND FINALLY PASSED THIS lffh DAY OF OCTOBER, 2000. 1 00 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca November 1, 2000 Bayview Wellington Management Inc. Attention: David Stewart 270 Chrislea Road Woodbridge, Ontario L4L8A8 Dear Mr. Stewart: Re: By-law 4228-00.T to dedicate lands as pnblic highway (McMaster Avenne and Kennedy Street West) Legal Services Tel. No. (905) 727-1375, ext. 229 Fax No. (905) 841-3483 As per your request, 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, J6u4.j_~ et Van Scheyndel Legal Assistant Encls. cc: D. Atkins, Manager of Engineering Services Christie A. McNeil, Aird & Berlis Document General DYE & DURHAM CFS POLARIS Hl95 Form 4 -Land Registration Reform Act D (1) Registry D Land Titles ~ (2) Page 1 of 2 pages IT1543G14 (3) Property Block Property ~f94/· O:Jfc / Additional: ldentifier(s~03654-00021 03 C.'/ /·13 781 0% <(I-132 0 See D Schedule ~urnbtf •••• ~~~~ ............ ~~.~~;;~~ ....... ~ (4~ Nt_t,/(1](, (~Docum~nt CE.RTit=ICATE OF RECEIPT Y-ursuan to Section 50 (7) of the Planning Act R.S.O. 1990 c.P.13 as amended} ·-07 >-· 00 :OCT 30, J S -' (5) Consideration zero-----00/1 00 z YOHK REGION · ·. . ' ~·' 0 UJ _,"Jn.BS Dollars $ 0.00 (/) ;'.Jii:Wvil;\RKET ~ !lf;!I.!Mld~ ? UJ (6) Description (.) FIRSTLY: iL / " Blocks 6 and 8, Plan 65M-3193 f .. 0: SECONDLY: 0 "' Block 1 0, Plan 65M-307 4 THIRDLY: New Property Identifiers Part of Lot 29, Plan 246 as in B3749B ./ Additional: All situated in the Town of Aurora, Regional Municipality of York See D Schedule Executions Additional: (7) This (a) Redescription : (b) Schedule for: See D Document New Easement D: D Additional D Olher ~ Schedule Contains: Plan/Sketch 1 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 4228-00.D, a certified copy of which is attached hereto. /J Continued on Schedule D (9) This Document relates to instrument number(s) I //1/ (10) Party(ies) (Set oul Status or Interest) Signa( / 1/ Date of Signature Name(s) y M D THE CORPORATION OF THE TOWN OF AURORA ~ooo. 1(D ] .:4-) . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ....... . . . . . . . ~ ~ ~ . . . . . . . . . . . .. . . .. ' ' ' ' By its Solicitor ~on .. Kn?~· To>:<n. So.li?it?~ ' ' ' ' . . . . . . . . . ... ' . ' ' .. . ' . ' .. . . ' ' ./ ' ' ' ' " ' ' . . . . . . . . . . . . ._...../ ... .. .. .. . . . .... • r •• , • . . ' ' ' ' ' ' ' ' (11) Address Town of Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario, L4G 6J1 for Service (12) Party(ies) (Set out Slatus or Interest) Date of Signature Name(s) Signature(s) y M D ; ; ; ' ' ' . . . . . . . . . . ' .. ' .. ' . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ...... ' ....... ' ' ' . ' .. ·I, •, , , , I' . . ' ' ' ' ' ' ' ' . . . . . . . . . . . . . .. . . .. . , , , , , , , , . , , , , , , , , , , , , , ' ' ' ' ' I ' ' ' ' ' ' ' I ' , , ' ' ' ' ' ' . . . . . . . . . . . . . . . . . . . ... ' ' .. ' ' ' . ' ' ..... ' ......... ' . . . . . ' . .. '. . . ' ' ' ' ' ' ' ' (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax > " Registration Fee z Lonny G. Knox, Solicitor 0 not available "' Town of Aurora "' ~ 100 John West Way "' {.) P.O.Box 1000 ~ ~ Aurora, Ontario L4G 6J1 0 ~ 0 ~ l[[j Total PAGE 1 OF PREPARED FOR: ® MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS LAND REGISTRY OFFICE #65 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER I 03641-1378 (LT) I ON2000/10/30 AT 12:29 Ontario. PROPERTY DESCRIPTIONC§RESERVE, PROPERTY REMARKS: SUBJECT TO RESERVATIONS IN CROWN GRANT PLAN 65M3193, AURORA.T/W ROW OVER PT LT 83, CON 1, PT 3, 65Rl4423 AS IN R494293. OWNERS' NAMES ESTATE/QUALIFIER FEE SIMPLE ABSOLUTE RECENTLY SUBDIVISION FROM 03641-1362 PIN CREATION DATE 1998/01/12 THE CORPORATION OF THE TOWN OF AURORA LT1080910 I LT1086560 I LT1238586 I 65M3193 I LT1238587 I LT1240217 I LT1240225 I M 1996/01/18 1 ;;~~;-~:D ;~~::F~UMENJS SINCE 199101/12 M NTCE AGRMT BAYVIEW BUSINESS PARK INC. I THE CORPORATION OF THE TOWN OF AURORA I c lANDS (ADDED 98/01/07 BY DEB WAUEN) i IN ERROR AND WAS RE-INSTATED ON 1998101/09 BY LOIS ,,,., ... :! ""' .,.. I I I I c AFFEC AWPART VARIOUS LANDS 1997/12/23 PLAN DOCUMENT I I BAYVIEW BUSINESS PARK INC. I I c 1997/12/23 I PLAN SUBDIVISION I I I I c 1997/12/231 APPL INH ORDER I I *** COMPLETELY DELETED *** THE CORPORATION OF THE TOWN OF AURORA '·SEE 1998/01/05 NTCE SUBD AGR THE CORPORATION OF THE TOWN OF I I c AURORA 1998/01/05 TRANSFER BAYVIEW BUSINESS PARK INC. I THE CORPORATION OF THE TOWN OF AURORA I c NOTE: ADJOINING PRD' TIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INf >ISTENCIES. IF ANY. WITH DESCRIPTION REPRESENTED FOR THJ NOTE: ENSURE THAT Yl ~~·PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU .. ~E PICKED THEM ALL UP. . CAPACITY SHARE )ROPERTY. @ MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS Ontario. -. PROPERTY DESCRIPTIO~SERVE, PROPERTY REMARKS, LAND REGISTRY OFFICE #65 PARCEL REGISTER {ABBREVIATED) FOR PROPERTY IDENTIFIER I 03641-1380 (LT) I SUBJECT TO RESERVATIONS IN CROWN GRANT PLAN 65M3193, AURORA. T/W ROW OVER PT LT 83, CON 1, PT 3, 65Rl4423 AS IN R494293. OWNERS' NAMES PAGE 1 OF PREPARED FOR: ON2000/10/30 ESTATE/QUALIFIER FEE SIMPLE ABSOLUTE RECENTLY SUBDIVISION FROM 03641-1362 PIN CREATION DATE 1998/01/12 THE CORPORATION OF THE TOWN OF AURORA TYPES AND DELETED I STRUMEN1S SINCE LT1080910 I 1996/01/18 I NTCE AGRMT j ........ ,.. .... '"'· I THE CORPORATION OF THE TOWN OF AURORA I c 1AL SUBDIVISION AGREEM£ AFFECTS AWPART VARI US LANDS (ADDED 98/01/07 BY DEB WAUEN) INSTRUMENT' WAS DELETED ROM PROPERTY 03641-226/N ERROR AND WAS RE-INSTATED ON 1998/01/09 BY LOIS LT1086560 I 1996/02/27 NTCE AGRMT I I c AFFEC AWPART VARIOUS LANDS LT1238586 I 1997/12/23 PLAN DOCUMENT BAYVIEW BUSINESS PARK INC. c 65M3193 I 1997/12/23 PLAN SUBDIVISION c LT1238587 I 1997/12/23 APPL INH ORDER *** COMPLETELY DELETED *** THE CORPORATION OF THE TOWN OF AURORA SEE DO UMENT LT1240217 I 1998/01/05 NTCE SUBD AGR THE CORPORATION OF THE TOWN OF c AURORA LT1240225 I 1998/01/05 TRANSFER BAYVIEW BUSINESS PARK INC. THE CORPORATION OF THE TOWN OF AURORA c AT 12,29 CAPACITY SHARE NOTE, ADJOINING PROr ·TIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INr >ISTENCIES. IF ANY. WITH DESCRIPTION REPRESENTED FOR THJ )ROPERTY. NOTE, ENSURE THAT Y~~ ~ PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU •.. ~E PICKED THEM ALL UP. ® MINISTRY OF CONSUMER AND COMMERCIAL LAND REGISTRY OFFICE #65 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER I 03641-0567 (LT) I PAGE 1 OF PREPARED FOR, ON2000/10/30 AT 12,50 RELATIONS Ontario PROPERTY DESCRIPTION, SUBJECT TO RESERVATIONS IN CROWN GRANT PCL RESERVES-2, SEC 65M3074 ~L 65M3074 ; PCL STREETS-!, SEC 65M3074 ; MCMASTER AV, PL 65M3074 , T/W PT LT 82 CON 1, PT 4 65Rl4423 AS IN R494293; T/W PT LT 28 ~J 7, 8 65Rl4423 AS IN R494293 ; AURORA RECENTLY OWNERS' NAMES PROPERTY REMARKS, ESTATE/QUALIFIER FEE SIMPLE ABSOLUTE FIRST CONVERSION FROM BOOK PIN CREATION DATE 1997/09/08 THE CORPORATION OF THE TOWN OF AURORA 65M3074 c THE CORPORATION OF THE TOWN OF AURORA c LT1080910 ~ 1996/01/18: NTCE AGRMT rl 1 BAYVIEW BUSINESS PARK INC. R MARKS: RESIDE lAL SUBDNISION AGREEM£ AFFECTS Al.lJPART VAR.I US LANDS (ADDED 98/01/07 BY DEB WAllEN) C RRECTIONS: 7H. INSTRUMENT' WAS DELETED ROM PROPERTY 03641-226/N ERROR AND WAS RE-INSTATED ON 1998/01/09 BY LOIS YftpwCHUK LT1080926 1996/01/18 I TRANSFER 2 NOTE: ADJOINING PRO~ ,TIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INr NOTE, ENSURE THAT ~. . PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU THE CORPORATION OF THE TOWN OF AURORA c >ISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FORTH~ .~E PICKED THEM ALL UP. CAPACITY BENO ~ROPERTY. SHARE 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca August 4, 2000 Aird & Berlis~ Attention: Christie A. McNeil BCE Place-Suite 1800 Box 754 181 Bay Street Toronto, Ontario M5J2T9 Dear Ms. McNeil: 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 Block 6 on Plan 65M- 3193 as public highway forming part ofHollandview Trail is expected to be considered by Council for adoption at a future Council Meeting pending satisfactory completion of all subdivision requirements. In the meantime, permission is hereby granted to the owners of the property municipally known as 124 Baywell Crescent, Aurora, for unrestricted and unlimited access of the lands until such time as a dedication by-law has been registered. Failing lawful enactment of the by-law by the Municipal Council and registration thereof within six ( 6) months of the 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 at such time as a by- law is adopted. .. ·· // Yours truly, LK/jv TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO. 31-00 HELD ON TUESDAY, OCTOBER 10,2000 2. ADM00-010-By-law to Dedicate lands as Public Highway on McMaster Avenue and Kennedy Street West THAT By-law 4228-00.T, being a by-law to dedicate certain lands as public highway forminJl part of McMaster Avenue and Kennedy Street West be provided 1st, 2" , and 3'd reading. IX READING OF BY-LAWS Moved by Councillor McKenzie Seconded by Councillor Hinder THAT the following listed by-law be given 1st, 2"d and 3'd readings, and enacted: 4228-00.T Being a By-law to dedicate certain lands as public highway on Registered Plans 246, 65M-3193, and 65M-3074 forming part of McMaster Avenue and Kennedy Street West. CARRIED CORRESPONDENCESENTB~ ------------~--­ ACTION DEPT.:_L_e_,g'-'-a_l -------------------------- INFO DEPT.: THE CORPORATION OF THE TOWN OF AURORA By-law Number 4228-00. T BEING A BY-LAW to dedicate certain lands as public highway on Registered Plans 246, 65M-3193, and 65M-3074 forming part of McMaster Avenue and Kennedy Street West. 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: l. TiiA T the land described as Blocks 6 and 8, Plan 65M-3193, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of McMaster Avenue in the Town of Aurora. 2. THAT the land described as Block 10, Plan 65M-3074, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of McMaster Avenue in the Town of Aurora. 3. THAT the land described as Part of Lot 29, Registered Plan 246 as in B3749B, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway ) forming a part ofKennedy Street West in the Town of Aurora. 03 c..S'-/·COOr;l (1..7: 4. THAT the land described as Part ofLot 31 and Part of Lot 32, Registered Plan 246 as in PJ;J\L03659-0l90 (R), Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Kennedy Street West in the Town of Aurora. 5. THAT the provisions of this By-law shall come into force and effect upon final passage thereof and following registration in the appropriate Land Registry office. READ A FIRST AND SECOND TIME THIS DAY OF '2000. READ A THIRD TIMEANDFINALLYPASSED THIS DAY OF '2000. 000288 T. JONES, MAYOR B. PANIZZA, TOWN CLERK . HHYVlcW-WcLLlNGIUN 1D:SI0!:>:2b4SI84b 270 Chrislea Road, Woodbridge Onlarlo, L4L 61\8 Phone (90G) 264·9844 Fox (905) 264·984B Fax TD: The Town of Aurora Legal Services Department Attention: Ms. Janet Van Scheyndel Fax: 1-905-841-3483 Phoner 1-905-727-1375 Bayview Wellington Subdivision Phase 3 65M..J324 X UI'Jienl Commontsr HUG 04'00 lb:O:< No.OO( ~.01 Bayview-Wellington Management Inc. From: David Stewart Pages; 3 (Including cover page) Date: August4, 2000 ------- CC: Further to our discussion please contact me to confirm the timing for the dedication of the following 0.3m re&eiVe blocks as required for access to 65M-3324: Block 10 on 65M-3074 (McMaster Avenue); and, Block 6 on 65M-3193 (HoiiBndiew Trail). Thank you for your assistance. Yours truly, ---------· -----------------· HRYVl~W-W~LLlNbiUN 1U:CJUC>L'b4984b I. 0.3m reserves are: Block 6 on 65M-3193 Block 10 on 65M-3074 2. Municipal address ofthe w1it is 124 Baywell Crescent 3. Legal reference is l31ock 22 on 65M-3324 4. Lawyer representative fm purchMer is Christie A. McNeill Aird and Berlis BCE J>Jace Suite 1800 Box 754 181 Bay Street Totont!l, Ontari!l MSJ 2T9 Ph!lllC : 416-8(i3-1500 Fax: 416-863-1515 RUb U4'UU Kindly 1ax 11 copy of your letter to my attention at l-905-264-9846 Thunk you for your HSsistancc. David Stewm.t. TOWN OF AURORA COUNCIL REPORT SUBJECT: By-Jaw to Dedicate lands as Public Highway on McMaster Avenue and Kennedy Street West FROM: Legal Services Division DATE: October 10, 2000 RECOMMENDATIONS I AGENDA ITEM # 'l. No. ADM00-01 0 THAT By-law 4228-00. T, being a by-Jaw to dedicate certain lands as public highway forming part of McMaster Avenue and Kennedy Street West be provided 151, Z'd, and ~dreading. BACKGROUND As a condition of the subdivision agreement between the Town of Aurora and Bayview Business Park Inc., the Town was conveyed certain reserves across McMaster Avenue on Plans 65M-307 4 and ·65M-3193. The Town recently received a request from the developer to dedicate these reserves as public highway. Staffs investigation revealed that the road is fully developed and the reserves are currently being used as public highway. Also, in preparation for the proposed reconstruction of Kennedy Street West, the Public Works Department have requested that certain Town owned road allowances be dedicated as public highway. COMMENTS The Public Works Department is in support of dedicating the reserves on McMaster · Avenue and certain road allowances on Kennedy Street West. OPTIONS If Council chooses not to dedicate the lands as a public highway, the portions of the road which are not dedicated cannot be legally accessed by the public. 000008 October 10, 2000 -2-ReE_ort No. ADM00~01 0 CONCLUSIONS Staff are recommending that the lands set out in By-law 4228-00.T be formally dedicated as public highway through the adoption and registration of the By-law. FINANCIAL IMPLICATIONS n/a 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 Key Maps Comments from Public Works PRE-SUBMISSION REVIEW Management Team Meeting -October 4, 2000 Lon Knox, Town Solicitor ext. 224 000009 .• TOliVN f J ... OF NEWMARKET CRES. I I , , , I I YVONNE PLACE HADLEY COURT ~=f=:;:t: BALL YMORE DRIVE DOWNEY CIRCLE TRENT STREET - tl CRESCENT t-,0-• o' . ~I 1 ool L J>f;OERSEN -1 DRI•- : - - - - -.&.. ---~~~·"-/.. __ } I I I \ \ \.' o(.~~Ew::~---~~~~~~==:i:::::: ~ STECKLEY ST < ... . g OSTICK ST. BOWLER ST. HOLU OGE' AD § EIIELYN~ >- UCK LA. ~ OCHALSKI ROAD li; w WYATT LANE (P) Approximate Locatio11 of Subject La11ds WELLINGTON 000010 loll Memo To: J.Van Scheyndel, Legal Assistant From: Patrick Ngo, Engineering Assistant Cc: D. Atkins, J. Kryst Date: September 7, 2000 Re: Highway Dedication Request McMaster Avenue Public Works Dept. File: D12W-88100 Please be advised that our department have no concerns in relation to the lifting of the following reserves. · 1. Block 6 on Plan 65M-3193 2. Block 8 on Plan 65M-3193 3. Block 10 on Plan 65M-3074 ,---------. \. \~--'~\ -· -,, Patrick Ngo · Engineering Assistant D 12 Subdivision P1ans\881 00-Phase 2\Lifting Reserve-pn 000011 _ .. -,". -. 'RESTON 'HOIIPSON 'LACE(P) Approximate Locatio11 of Subject La11ds Public Works Dept. Memo To: Janet Van Sch~yndel, Legal Assistant From: David Atkins, Engineering Assistant CC: Patrick Ngo, Engineering Assistant Date: August 18, 2000 Re: Kennedy Street West Legal Plan Attached please find one copy of the "Sketch to Illustrate" for Kennedy St. West for your files. There are two sections near Murray Drive that have not been dedicated as road allowance (PIN's 03654-0002 and 03659-0190), and which should be so dedicated. Could you please make arrangements to have the two sections dedicated, and let Patrick Ngo know when this has been completed. 9r:;/;}h - Engineering Assistant S:\Public Works\TOS Road Design\Kennedy Street West\Lega! Plan (Van Scbeyndel).doc 000013