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
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OF NEWMARKET
CRES.
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YVONNE PLACE
HADLEY COURT
~=f=:;:t: BALL YMORE DRIVE
DOWNEY CIRCLE
TRENT STREET -
tl CRESCENT t-,0-•
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L J>f;OERSEN -1 DRI•-
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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