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BYLAW - Dedicate Lands as Highway - 20011023 - 430501TTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4305-01. T BEING A BY-LAW to dedicate certain lands as public highway on Registered Plan 65R- 17160 and Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North. 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 79, Concession 1, WYS, designated as Part 10 on Reference Plan 65R-17160, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Murray Drive in the Town of Aurora. 2. THAT the land described as Part of Lot 106, Plan 246 as in R742444 (Firstly) except R115571, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Centre Street in the Town of Aurora. 3. THAT the land described as Part of Lot 106, Plan 246 as in R742444 except Part 1 on Plan 65R-23637, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Industrial Parkway North in the Town of Aurora. 4. 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 OUf~ 2001. READ A THIRD TIME AND FINALLY PASSED THIS .}lDA Y OF OCi'ft&ISC\.2001. B. 1 00 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca August14,2002 Region of York Attention: Jan Diplock 17250 Yonge Street Newmarket, Ontario L3Y 6Z1 Dear Ms. Diplock: Re: Request for Highway Dedications Industrial Parkway North and Vandorf Sideroad Janet Van Scheyndel Law Clerk, Legal Services Division Tel No. (905) 727-1375, ext. 229 Fax No. (905) 727-4269 With respect to your November 26, 2001 request for highway dedications, please find enclosed a registered copy of By-law 4305-01.T dedicating the lands on PINs 03641-1658 and 03641-1656 as public highway. Your request respecting PIN 03641-1036 was denied by our Public Works Department as these lands were part of the old R.O.W. of Industrial Parkway North prior to its re-alignment and are not currently being used as part of the municipal roadway. Also, your November 15, 2001 request for the dedication of Part 4 on Plan 65R-5164 has been reviewed, and it appears that these lands are already recognized by the Land Registry Office as forming part of the municipal road known as Vandorf Sideroad, currently owned by the Public Authority having Jurisdiction, which in this case would be the Town of Aurora. A copy of the related PIN and Map associated with this property are enclosed herein for your review. Accordingly, we are denying your request to dedicate these lands as public highway. Please accept my apologies for the delay in formally responding to your requests. Yours truly, et Van Scheyndel Law Clerk Atts. ....... ' . ~ PtoYin'ce ll'lSI.Jl ot ;::-011111110 Number VR ... &...0. .. 'J.&..L. tJ ~ 0 ~ c CERTIFICATE OF RECEIPT It;(' OCT 2 9 2001 ~!.:.!.:?l. YORKR£GION No.65 NEWMARKET ~~~ ~~lltrar i]! ~~.-.2- Addillonat: Document General Farm .4 -Land Re;latratlon Reform~ (11 Reglshy 0 Land Titles ~ (2.) Page 1 ol 3 pages (3) Property ldentutert•l Blook Part of PIN Property 03854-0150 1'11~~1('/I'JI's~'l:r lo Section 297 oflhe Municipal Act R.S.O. 1990 c.M.45 as amended) (II) Conslderatlan zero--00/100 Dollars$ 0.00 (&) Description FIRSTLY: Part of Lot79, Concession 1, W.Y.S., designated as Part 10 on Reference Plan 65R·17160, being Part of McDonald Street SECONDLY: Pert of Lot 106, Plan 246 as In R742444 (firstiy), except R115571 THIRDLY: Part of lot 106, Plan 246 as In R742444, elCcept Part 1 on Plan 65R·23637 ' IIJ',i New Property Identifiers !:~j ~~odule 0 ~~~~tE:-x:-:,.-.-,ll:::o-ns:----------"-"--jl--------------,,-:-:,-:-::-:c::-;-----------~ All situated Jn the Town of Aurora, Regional Municipality of York ~!'! AddiUonal: (7) ~~~umenl (a) :=~:~! j (b) Schedule lor: Additional :,11 1: ~:edula D Contains: Plan/Sketch Oj DescripUoi1 0 Parties 0 (8) This Docum&nl provides as follows: THE CORPORATION OF THE TOWN OF AURORA hereby applies IO amend the register for the lands descrtbed In Box (6) herein, by the registration of Byalaw 4305-01.T, a certified copy of which is attached hereto. Continued on Schedule D (91 Thls Oocumenlretates to lnstrumenl number(s) (10} Party{ies) (Set out Status or tntetest) 1 Sl tu Name(s) ~ign (s) J . ~ate 0 • ~na. ~ .. THE CORPORATIO.N OF.THE TOVI/N .oF AUR.ORA . . . . . . . . . ,. (/ ~:A~.d ..... 1 ~0~~ . \f,Q j¥.~ . / I I I .. ~Y. i~s. ~~~n_t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t:S:~~~k .s.c~~~~~ ............... ! ..... j· .. ' ... . ' ' ' ' ' ' ..••• ' •• ' ••••• ' ••.•.•••• ' •••••••• '.' •••••••••• ' •••••••••••• •I· •• , •••• ' ' ' ' ' ' ' ' ' ' ' ' (11 1 fo~~=~ce Town of Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario, L4G 6J1 (12) Party(les) (Set out Status or lnteJest) Name(s) (13) Address for Service (14) Municipal Address ol Property not available Date of Signature Y M 0 i i i Slgnature(s) ' ' ' ..... '' ..................... -~ ... ······~ .. . ' ' ' ' ' ' ' ' ' ' ' ' . , . , , , , , . , • •,,, • · •. • • • • • • • · • •I• • • • 'I • • 'I''' • ' ' ' ' ' ' ' ' ' .... ' . ' .. ' ... ' ............... : .. ' .. ~ .. ·l· .. . ' ' ' (1!i) Document Prepared by: Jnnet Van Scheyndel Law Clerk, Town of Aurora 100 John West Way, Box 1000 Aurora, Ontario L4G 6JI ' ' ' : 1 I ~ Provlnco ll$ll of _ Onla1lo Schedule Form 5 -Lind Rtgllttallon Reform Act Additional Property ldenllfler(s) and/or other lnronnatlon continued from Box (3): PIN 03641·1661 and PIN 03641·2366 s Page 2 of i' II THE. CORPORATION OF THE. TOWN OF AURORA 'IOWN OF AURORA CERTIFIED TRUE COPY By-law Number 4305-01. T BEING A BY-LAW to dedicate certain lands as public highway on Registered Plan 65R· 17160 and Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North. 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 outlands 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 79, Concession 1, WYS, designated as Part10 on Reference Plan 65R-17160, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway fanning a part of Murray Drive in the Town of Aurora. 2. THAT the land described as Part of Lot 106, Plan 246 as In R742444 (Firstly) except R115571, Town of Aurora, Regional Municipality of York, be and Is hereby dedicated as a public hlgh)Nay fanning a part of Centre Street In the Town of Aurora. 3. THATthe land described as Part of Lot 106, Plan 246 as In R742444 except Part 1 on Plan 65R-23637, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Industrial Parkway North in the Town of Aurora. 4. 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 oeolf'ohi\. 2001. READ A THIRD TIME AND FINAL#. Y PASSED THIS)'SDA Y OF ~~2001 • . ·· '· (8) 1qqq JUN 30 P 12: 01 VOAA' REGION No.65 NEWMARKET L ~d Registrar (a) Redeacrlption New Easement Plan/Sketch D Name( a) Transfer/Deed of Land Form 1 -Land ReglstraUon Refonn Act (4) Conllderatlon Hundred--00/100 (5) DescripUon Part Lot 106 Registered Plan 246 llic1illlllfii1Cil!~~ Town of Aurora Regional Municipality of York 8,900.00 0 F.NT'-'f t J"t!c~C'-'f ... A S""'l I -;Pr (continued on attached Schedule) PI~ '"' Additional .,,.., 0 on,.,[] (7) lnterutiEitar. Transffmd fee simple THE CORPORATION OF THE TOWN OF AURORA Slgnature(s) o1 Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario, L4G 6J1 (11) Transferee(&) '. 199?. i. tl(;~l5.1 ' Dote y ROYALWOODWOF!KlNG.CO .. LlMLTaJ .......................................... . Date of Signature Y , M, D ' ' ' ' ' ' .... ! .. ' . J •• ·'· •• Town of Aurora ;J ~ · -;. 100 John Wast Way P.O. Box 1000 / (. tJ<i i.'"'~ not available Aurora, Ontario L4G 6J1 Schedule Form li -Land Registration Rtfonn Act .,. ' Additional Property ldentlfler(s) andlor Other Information FIRSTLY ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Aurora, in the County of York, composed of Lot 106, as shown on a plan filed in the Registry Office for the North Riding of the Counw of York as No. 246, and which said parcel is more particularly described as follows: COMMENCING at an iron pipe planted in the Southerly limit of said Lot 106 where it is intersected by an old fence for the existing Westerly limit of said Lot 1 06 said iron pipe being distant six hundred and seventy-five feet eleven and ona·quertar inches (675'11 }{ ") measured Westerly thereon from an iron bar marking the Easterly limit of said Lot 1 06 end the Easterly limit of the Town of Aurora: THENCE North 12 degrees 36 minutes West along said fence one hundred and seventy-one feet three and one-half inches (171 '3~ "I to an iron pipe in a line drawn parallel to end distant one hundred and seventY feet ten and three quarter inches (170'10%") measured Northerly at right angles from the Southerly limit of said lot 106, being the place of beginning; THENCE South 1 2 degrees 36 minutes East along said fence one hurtdred and seventy-one feet thre~ and one-half inches (171 '3% '')to an iron pipe in the Southerly limit of said lot 1 06; THENCE "North 73 degrees 44 minutes East" along the Southerly Hmit of said Lot 1 06, sixty-six feet one and three-quarter inches (66'1 %"1 to an iron bar planted at Its Intersection with a line drawn parallel to and distant sixty-six feet 166'1 mea:mred Easterly at right angles from the previously mentioned existing Westerly limit of said Lot 1 06; THENCE North 12 degrees 36 minutes West, one hundred and seventy-one feet three and one-half inches 1171'3%'') to an iron bar in a line drawn parallel to and distant one hundred and seventy feet ten and three quarts~ inches (170'10%") measured Northerly at right angles from the Southerly limit of said Lot 106: THENCE North 73 degrees 44 minutes East, along said parallel line, three hundred and twenty-three feet nine and one-quarter inches (323'9%"1 to an iron pipe; THENCE North 16 degrees 16 minutes West, six~y*six feet (66'1 to an iron pipe; THENCE South 73 degrees 44 minutes West, three hundred and eighty-four feet eleven inches (384' 11 ") to en iron pipe in the existing Westerly limit of said Lot 1 06; THENCE So.utherly along the existing Westerly limit of said t.ot 106, sixty-six feet two and one-quarter inches (66'2% "I to the place of beginning. SECONDLy ALL AND SINGULAR that certain parcel of land or trOict of land and premises, situate, lying and being in the Town of Aurora, in the County of York. being composed of pArt of Lot 106es shown on a plan filed in the Registry Office for the North Riding of the CountY of York, as No. 246, and which said parcel is more particularly described as follows: COMMENCING at a wooden stake planted in the Southerly limit of said Lot 106 distant two hundred and seventy-five feet {275') measured Westerly thereon from an iron bar marking the Easterly limit of said Lot 106 and the Easterly limit of the Town of Aurora; THENCE North 16 degrees 16 minutes West. one hundred and seventy feet ten and three-quarter inches {170'10%'1 to an Iron pipe; THENCE North 16 degrees 16 minutes West, sixty*si.x feet (66') to an iron pipe being the place of beginning; THENCE ~south 73 degrees 44 minutes West", twenty-five feet (25'1 to en iron pipe; THENCE North 16 degrees 16 minutes West, one hundred and sixty-four feet eleven and one-half inches {164'11 "¥.1"1 to an iron pipe in the existing Norther1y limit of said Lot 106; THENCE Easterly along the existing Northerly limit of said Lot 106, eighty feet and one-half Inches (80' Yz ") to an iron pipll; THENCE South 16 degrees 16 minute!> East, forty-two feet five inches (42'6") to an iron pipe; THENCE South 73 degrees 44 minutes Weat, fifty-five feat {55') to an iron pipe; THENCE South 16 degrees 16 minutes East, one hundred end twenty-five "teet 1125'1 to the place of beginning. The Firstly described parcel is shown coloured red and the Secondly described parcel is shown coloured blue on attached sketch of survey, made by W.S. Gibson & Son, O.L.S. g~ ~~ 0~ 1~,7 • Affidavit of Residence and of Value of the Consideration Fonn 1 -Land Transfer Tax Act IN TI-lE MATTER OF THE CONVEYANCE OfT-n~~~W~ d/Midl Page Of-pages __ .E.ar1J..o1j06 Begjsterod.f.lao.246 Secondly 8!1 jn A5]15A exCSPOOiZSA-TOWO -OtAurora-RegjQM!'MUOJC;Rai~QiY.mk .... --~) ... .. ---------____ ... , .....• ·····------------------· -- BY (pl1nl,_..olfllllrlrNIMotllnfvll) THE CORpORAJ!ON OF THE TQWN Of AURORA ····-·····-·--·-·· ···------·-·----·------ 10 ("'IMITuctJOII 11111d pdnt nama of Ill ti'MSfwMI In full) RoyAl WQOQWOBKING CO I IMITFD I, (Ht~MtnJcrlon : •nd pi'lnt MIM(•J In fui/J"J~nxhnnuR~ow""'•'------ MAKE OATH AND SAY THAT: 1_ lam fpiK• • dNr mark wltllln the aq-. oppo.lte lim one offhelollo~ ~ tMt ddr;rl"-tiM ellf*lty oiUJto deponllft{$)}: [] (II) A per1011ln IMt fot whom thllancl conveyed In lht ltlovt-c!IUCI'ibed convey~~~nca II being conveyed; I I (b) A trualea n.med In 1M ~bed conveyanoe to whom lhl Janel II being ccnwred: R(C) A trlntflnte !limed In lhl~ c:onveyance,: L ___ (d) The aulhctiZed agent or 101c:11or Kling In this 1mnaac11on for (ftiHit nwne(•J of ptlnc/pllf}) ------····---- -------------. _ descrit.:lln pa,.gl'll!lh{t) {a), (b), (C) a!KM; (atrlli• out l'elwMcN to 1Mppbbl1 ,.,_~ ~X-1 (e) The President ·.aun 1d!!tMt;41Ud:tllliiP6111UlliMI~'C086*'<lWDIIi'IDftar .. _. _________ ....... ------·· Royal Woodworking Co. Umited luthoiiZeciiDactfor(tnHrtnM!I($)Gf~($)} ___________ , .. __ _ _., ---------·----delcrlbecllnPII'IQflph(a) (1), (b), (c::) abDve;(attfkeOUI'ret'IIWicestoiMppH*M~ 1 I (f) A transferee de$a1bed In PIJ'IIII'Iph ( ) {ltqwt only on• ot f»RfPph (1), (tl} or (c) How, A ~cUieJ and am maklng lhll aflldllvll en my own behall' arK! on --• bellalfcl{ltgttt.IJimeolyot~HJ ---------------------·----wholsmyspauHdesc!lbed In paragraph ( ) {lnnrt only ant1 of Plflgnp/f (1), (b) or (c) IIbov._ UIPpiiUbltJ and as ll.ldl, I nave peiiONII knowledge or tl'l8 fBda hnln dep(:leed to. 2. (TobeCQIIfPietMd ..,.tiM onJue aiU..~Wfht conn....-uueds ,JIDO,OOOJ. 1 hive read and c:onaldered tile definition of 'Jingle family residence' 181. out In cliUH 1 (1) (Ia} of the Act. The land conveyed In lhll above-described conveyance ,-;contains at least one and not mote than two ai'IQ!e flmity re&ld6tloa. NOM: CS....:I(1)(d)~., MkltiOIWIItu.riiN ,..ol'onHI!IIfof-per ht~oa~ not oontaln a ling !I family realdence. Alii Uf*IIIN ""'-of conllcltflllon In -t1f ~000 wti.,.IIN wnvty· Oconlllinlmora t1vt1 two lingle family IQiclencel. ( ... IMtructlon 3) -canlaln•••--and nat .-.ttl., rwo ~,._. 1MIIIJ' ....._., 3. 1 fiB~ rud and c:onaklerecl !hll ~ ci'I10IW'fllldent C01p0r81ion' and "IICJII.IUidant penon• set out~ In clauses 1 (1) {I) aiKI (g) of the Act and each c1 tna following penon• to whOm or In trull for whom thllllnd II being conveyed In the abOVt-deltrlbed converance Is a "non-resident c:orpomlon" ora'non-midenlper~Qn' paotoutln1heAc:l.(..,lnatnlt:tfona•.mtl1 .... ~ ____ ---------------_ -----·-·· ---------- ..None . . ... ----------------------------· ---------------... --------. --------_ --------···-··-· 4. lHE TOTAL CONSIDERAnON FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: $ ____JL_900.QO (1) Monlee paid or ID b& paid In cash . . . • • • • • . . • . • . . • • • • • . . • • . • . . · (b)MMglgas (I) Aalulllld(lhow~IIIKIInt«uffoiMiuwlltldagah!St~,nc.] , $ .. _ .. n!L (II) Glvenbld<;lovendor •••••••••• , •••••• , , • • • • • • • • $ ________ ....niL (C)PfOPII'tt1rafllfer'Ttdln~(diCIIfbtloWJ, . , ...••••••••.••••••••• ,$ ......... ______ __nil (d) s.curttiU transferred to the valwl of (d«t/1 below} , • • • • • , , , , , • , • • • , • , , , , $ _____ , .. .!l!L (e) Llenl,leglciu, ennulllennd ll'lllnleNnce c:harve& k) which lnln$1UI11ubjed: • • • • • • . $ ------· _Ill!. (f) Other VIIUable co~ subjld: to land nnsrer tax (dtCall.bllow) , • , , , , • , , , , • • $ nil (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Tolal of (I} fo (IJJ • • • • , , • • • • • • • • • • • , • (h) VALUE OF ALL CHATTELS • ~ ol Unglbll ~ p!Oplfti $_.--ll.SDQ.l!!l $ ______ .8JlllQJJQ ==-:r'::::;-:-;;~.:~-=-~. . .. ' ' . . . . . . . ' ' . ' ... _$. . .... _ _nil (I) O!Mr conaidll'ltlon for 1m1Uc1ion not included In (g) 0t (h) lbow • • • • • • • • • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' $ ::::iiwW: (J)TOTALCOHSIDEAATION •••••• , •••••• , •••.• , ••••••••• ,, ••••...•••••• ,,. $ RQOOOO ......... -·· ,,.. ... s. If conaideration ia nomnal, delcribe rellllomhlp biiWeln nnateror end transferee ltld 111te puiJ)OM of corwey~nce. (HI hUrnlctiQ/I f) _ ------.. --·-___ _ 7. OthlrJtnnarblnd~.lfnecelllry. -----------·---·-------------· -----· . _____ ·-·-·-----··------.. ______ .. -... _ ---· .Ialnsfer of land from MunlcipaUty to Bdjojnjng QWML.. __ ---·· _ ----------------·-. ·-----·--------- ""' ... . 1999 .Lll . ...-.-. -~---·--·· A John Rowe rty lnfonnatlon R•cord h::-=-foTIA~ Rei!lbYof&a ~-~nly . I A. Dllcribenatureol'lnl1r\lmlnt _TransferoffeeslmDie _______ •• _____ 1 Reo;~lltrallonNo. B. (Q Addrua or pt0pe1ty baing conveyed (If ewtl&l!le,l not avajlabJe I (~~;;;;.;;:;;;,;;~-;~-_jj_§...Jlll!L!l.~L 61100~-~ :~~.:·-.:~--:-~~~-! I c. =:~":;t~~~~~~-~~~~~-~~-·--" ·~~~ou ... ,~~;w;orr,;;.No, I .li!!-lon-.,I.Eui.Aimna...Onlado..L4G.1JfL. . ! o. (I) RegillnllionnurnberfOrlaatconveyanceotpropertybelngconveyedtlf•~J ..A5l15A... ..... ·-·--...... ' .. ·-----·-___ ···-----·-~ -··· (i) Legal de&cripllon ofpi'Oplf1yiXJil'IIYid: s.ne u In D.(~ above. veaO No [J Notll/'lr:J'IIn ~~ E. Name(a) 1nd addnn(u) of eacl'l1ranlfe1'1Ht'laalicltor SC~ TU Support (Volunt.ry l!lectlon} SH I'I'VIfM fQI' pP!Inat!an (•) Ar .. lllndMdualnn.te.-...RomanCIIllolk:? Yu 0 He 0 (b) If Yes, do .. JnatvldUI! tr.Mflfwl Willi to be Roman Cllhollc Sepatalo Scnoal Supportn? Ya 0 (c) DoalllndlvldLJQitralllfereahi.,.FrenchllnguageEducetionRJghtl? Vee 0 No 0 {d) lf Yes, do 11 indiYidl.lll1ranslerees wish to aupportlhe F1t1nch Llllnguage SChociSoard (Where Hlablllhed)7 Yes [] No [J MOTE: Aa to (c) and (d) the lind btlng n~ wl~ ~ a.lgntd to tiM Francll Public kllool BDNd ot hclclrunl-olhMoln ~ In t•l Md lb~ .,o Province of .,...., Dr:tario Document General Form 4 -Land Registration Reform Act OYE & OUR!-V.M CFS POLARIS 1m D ',~------------------,----------------y----------------, Land Tilles [j0 J (2) Page 1 of 3 pages >-~ z 0 UJ Ul :::J "' u. . 0 0: 0 u. ' Number YR ...... ~.&..2/..e../.. .. CERTIFICATE OF RECEIPT 0 CT 2 9 2001 .. fJ..'f..Q YORK REGION No.65 NEWMARKET ~~~=· New Property Identifiers Additional: Executions See Schedule Additional: See Schedule (8) Thls Document provides as follows: D D (1) Registry D (3) Property ldentifier(s) Block Property Part of PIN 03654-0150 Additional: See f)(l Schedule ~ (41 Natur~.Qf );locument BY-LAw (Pursuant to Section 297 of the Municipal Act R.S.O. 1990 c.M.45 as amended) (5) Consideration zero-0011 00 Dollars$ 0.00 (6) Description FIRSTLY: Part of Lot 79, Concession 1, W.Y.S., designated as Part 10 on Reference Plan 65R-17160, being Part of McDonald Street SECONDLY: Part of Lot 106, Plan 246 as in R7 42444 (firs~y), except R115571 THIRDLY: Part of Lot 1 06, Plan 246 as in R7 42444, except Part 1 on Plan 65R-23637 All situated in the Town of Aurora, Regional Municipality of York (7) This Document Contains: (a) Redescription New Easement Plan/Sketch ; (b) Schedule for: : Additional D : Description D Parties 0 Other [X] 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 4305-01.T, a certified copy of which is attached hereto. Continued on Schedule D (9) This Document relates to instrument number(s) (10[ Party(ies) (Set out Status or Interest) .. T~;~~RPORATION OF THE TOWN OF AURORA .... Sign()~) r/'¥J ¥ By its Agent ~Van Scheyndel Date of Signature • Y • M • D ) 2001. :/q :~.6. ' ' ' ' ' ' ' ' .. .. .. .. .. .. .. .. .. "L.awcterk" .......... .. • J •••••••••••• ' ' ' ' ' ' ' ' • , , , , , , 'I,''' ' ' ' ' ' ' ' ' (11) Address for Service Town of Aurora, 100 John West Way, P.O. Box 1000, Aurora, Ontario, L4G 6J1 (12) Party(ies) (Set out Status or Interest) Name(s) (13) Address for Service (14) Municipal Address of Property not available Signature(s) Date of Signature Y M D ' ' ' ' • • • • • • • . . • • • • • • • • • • • • • • • • ~ • • • • • • • I" • • • ' ' ' ' ' ' ' ' •••• • • • · • • · • • • • • • • • • • • • • • ·t·"""" """I"""" ' ' ' ' ' ' ' ' · · · · · · · · · · · · · · ·'' · · ·"""" ''"""I""""' '1'' "t" '"' (15) Document Prepared by: Janet Van Scheyndel Law Clerk, Town of Aurora 100 John West Way, Box 1000 Aurora, Ontario L4G6J1 ' ' ' ' ' ' ' ' ' ' 111 Fees and Tax ~ Z Registration Fee 0 f--"'-----+-------1 w "' ~ r-----------t-------------~ w u ~ r-----------t--------------1 0 ~ F===========f=============9 Total J&l Province ~of ""~"" Ontario Schedule DYE & DURHAM CFS POlARIS 1995 Form 5 -Land Registration Reform Act s Page 2 of 3 Additional Property ldentifier(s) andlor other Information Continued from Box (3): PIN 03641-1661 and PIN 03641-2366 THE CORPORATION OF THE TOWN OF AURORA TOWN OF AURORA CERTIFIED TRUE COPY By-law Number 4305-01. T BEING A BY-LAW to dedicate certain lands as public highway on Registered Plan 65R- 17160 and Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North. 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 79, Concession 1, WYS, designated as Part 10 on Reference Plan 65R-17160, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Murray Drive in the Town of Aurora. 2. THAT the land described as Part of Lot 106, Plan 246 as in R742444 (Firstly) except R115571, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Centre Street in the Town of Aurora. 3. THAT the land described as Part of Lot 106, Plan 246 as in R742444 except Part 1 on Plan 65R-23637, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Industrial Parkway North in the Town of Aurora. 4. 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 oeolf'~ 2001. READ A THIRD TIME AND FINALLY PASSED THIS nDA Y OF OC,.'ft&:IC\,2001. B. @ PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND REGISTRY OFFICE #65 I 03641-1661 (LT) I PAGE 1 OF 1 PREPARED FOR scheyndel ON 2001/10/10 AT 12:58:42 Ontario MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT LT 106 PL 246 AURORA AS IN R742444 (FIRSTLY) EXCEPT Rll5571 ; AURORA PROPERTY REMARKS: ESTATE/QUALIFIER: RECENTLY: FEE SIMPLE RE-ENTRY FROM 03641-1807 LT CONVERSION QUALIFIED OWNERS T NAME'.S CAPACITY SHARE THE CORPORATION OF THE TOWN OF AURORA BEND ~~ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM **EFFECTIV 2000/07/29 THE NOT AT ION OF THE "BLOCK IMPLEMENT A ION DATE" OF 1997/09/08 ON THIS PIN** **W.li.S REPL. CED WITH THE "PIN CREATION DATE" OF 1999/10/22** ** PRINTOU INCLUDES AL DOCUMENT TYPES (DE ETED INSTRUMENTS NOT INCLUDED) .. **SUBJECT, ~N FIRST REG STPJl.TIDN UNDER THE P..ND TITLES ACT, o, ** !sUBSECTION 4 4 ( 1) OF !'HE LAJ'JD TIT ES ACT 1 EXCEPT PARAGR.li.PH 11 , PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES " WD ESCHEATS~ OR FORFEITURE TO TR CROWN. H THE RIGHTS C !F ANY PERSON WHO WOU D 1 BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF " IT THROUGH L ENGTH OF ADVERSE POS ESSION, PRESCRIP ION, MISDESCRIPTION OR BOUNDARIES SETTLED BY " CONVENTION. " ANY LEASE TC IVHICH THE SUBSECTIO ~ 70 (2) OF THE ~GISTRY ACT APPLIES. **DATE OF C '.JNVERSION TO LAND TITLES: !999/1 /25 ** I 65R23637 20•Jl /•)4/04 I?LAN f)EFEREY -:r_ i LT16076::_.2 2001/05/09 TRANSf'ER ROYAL WOODWORKING CO LIMITED ------------ ' ! i PIN CREATION DATE: 1999/10/22 PARTIES TO \THE CORPORATION OF THE TOWN OF AURORA ---~ --- NOTE: ADJOININC: .')p£RTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCC STENCIES, If' ANY, WITH DESCRII?TION REPRESENTED tOR THIS PROP£· NOTE: ENSURE 'T'HF.r YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HP-.vt: PICKED THEM .li.LL UP. CERT/ CHKD I ' lc 'c -- @ PARCEL REGISTER {ABBREVIATED) FOR PROPERTY IDENTIFIER LAND REGISTRY OFFICE #65 [ 03641-2366 {~~)----1 PAGE 1 OF 1 PREPARED FOR scheyndel ON 2001/10/10 AT 12:57:11 Ontario MINISTRY OF CONSUMER AND COMM~RCIAL RELATIONS * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT LT 106,-PL 246 AURORA AS IN R742444, EXCEPT PT 1, 65R23637; AURORA PROPERTY REMARKS: LT CONVERSION QUALIFIED OWNERS' NAMES THE CORPORATION OF THE TOWN OF AURORA REG. NUM. DATE INSTRUMENT TYPE RECENTLY: DIVISION FROM 03641-0848 CAPACITY SHARE BENO AMOUNT "'* PRINTOU~ INCLUDES ALf DOCUMENT TYPES (DEfETED INSTRUMENTS! NOT INCLUDED) ** -!:*SUBJECT, bN FIRST RE'*STRATION UNDER THE hAND TITLES ACT, ~0: PARTIES FROM " ISUBSEC'T'ION 14 (l) OF THE LAND Til"ES ll,CT, EXCEPT PJJ,Rl'<.GRAPH 11, PliRli_GR.l!.PH 14, PROVINCL4.L SUCCESSION DUTIES ,. rwD ESCHEAT OR FORFEITURE TO T CR0~1N. " 1THE RIGHTS ANY PERSON WHO WO D, BUT FOR THE LAl-JD TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF " *' liT THROUGH LfNGTH OF ADVERSE POSfESSION, PRESCRIPfiON, MISDESCRIPTION OR BOUNDARIES SETTLED BY ~QN'i/ENTION. " ~y LEASE Tal WHICH THE SUBSECTION 70(2) OF THE **DATE OF cbNVERSION Td L.IWD TITLES: 1999/lb/25 ** A58701A _I 1 ;~-~< 07 ~ ~~ lo BYLAW RE!vv:L,r • .:·. LR: .Zf-96 I I 84 94378 65R23637 LT1607612 I ' 1, 1(!6~frr6/ll~ : BtLAirl 1fll..RJ-.S: Ll\..?34~34 I 2001/04 I 04 l PLAN REfERENCE 2001/0S/09 I TRANSFER F-eGISTRY ACT APPLIES. ROYAL WOODWORKING CO LIMITED PIN CREATION DATE: 2001/06/07 PARTIES TO THE CORPORATION Of THE TOWN OF AURORA NOTE: .A.DJOININC )PERTISS SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INC( 3TENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROP£~ NOTE.: ENSURE THr-._ YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU Hh·.::: PICKED THEM ALL UP. c c c c CERT/ CHKD @ PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND REGISTRY OFFICE #65 I 03654-0150 {LT) I PAGE 1 OF 1 PREPARED FOR scheyndel ON 2001/06/21 AT 15:24:11 Ontario MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT LT 79 CON 1 KING PTS 10 & 11, 65Rl7160; BEING PT OF MCDONALD ST ; S/T KI23040,KI23042 AURORA PROPERTY REMARKS: ESTATE/QUALIFIER: FEE SIMPLE LT CONVERSION QUALIFIED OF THE TOWN OF AURORA REG. NUM. DATE INSTRUMENT TYPE RECENTLY: RE ENTRY FROM 03654-0310 CAPACITY SHARE BENO AMOUNT PARTIES FROM **EFFECTIV{2000/07/2j'HE NOTATION OF THE ['BLOCK IMPLEMENT~TION DATE" OF 1997/09/08 ON THIS PIN** **WAS REPL ED WITH T "PIN CREATION DATE" OF 1999/10/22** *"' PRINTOU:J. INCLUDES AL DOCUHENT TYPES (DE ETED INSTRUMENT~ NOT INCLUDED) *'" **SUBJECT, N FIRST RE STRATION UNDER THE AND TITLES ACT, I TO: '* '* .. E BSECT ION 1 ( 1) OF THE LAND TIlES ACT, EXCEPT D ESCHEAT OR FORFEITURE TO T CROWN. 'HE RIGHTS 0 ANY PERSON WHO WOU D, BUT FOR THE PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF * ~- '* T THROUGH LFNGTH OF ADVERSE POS~ESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY ~ONVENTION. .. ~y LEASE rol WHICH THE SUBSECTIO~ 70 (2) OF THE **DATE OF dpNVERSION Tal LAND TITLES: 1999/1\J/25 "'-* KI23040 I 1943/08/26 I TRANS EASMENT ~RKS: SKET9ff ATTACHED. KI23042 I 1943/08/26 I TRANS EASMENT ~5: SKETga ATTACHED. 65R424 R258436 R311118 65Rl7160 1971/01/19 I PLAN REFERENCE 1980/09/30 I TRANSFER 1983/03/07 \TRANS EASMENT 'ARKS: A8024fJ_ ASSIGNMENT, MULTI 1994/06/29 I PLAN REFERENCE $2 REGISTRY ACT APPLIES . '---~-'------1--------'-----'--------------,. PIN CREATION DATE: 1999/10/22 PARTIES TO THE HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO THE HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO THE CORPORATION OF THE TOWN OF AURORA AURORA HYDRO ELECTRIC COMMISSION NOTE: ADJOININC OPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCC 3TENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPE! NOTE: ENSURE Tb YOUR .PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU Hh . .:.: PICKED THEM ALL UP. c c c c c c CERT/ CBKD 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca October 29, 2001 The Regional Municipality of York Attention: Jan Diplock 17250 Y onge Street Newmarket, Ontario L3Y 6Z1 Dear Ms. Diplock: Legal Services Tel. No. (905) 727-3123, ext. 229 Fax No. (905) 727-4269 Re: Registration of By-law 4305-01. T -Dedication of certain lands on Centre Street and Industrial Parkway North as Public Highway Please be advised that the above-noted by-law was enacted on October 23, 2001 and was subsequently registered on today's date, a copy of which is attached hereto. As it is common practice for the Town to dedicate more than one section of land in these types of by-laws, you will note that the by-law also dedicates lands on Murray Drive, previously known as McDonald Drive as public highway (see Firstly). If you have any concerns in this regard, please do not hesitate to contact the undersigned at your earliest convenience. Yours truly, Janet an Scheyndel Law Clerk En cis. cc: D. Atkins, Manager of Engineering Services OCT 15 '01 09'23 FR YORK RERLTY SERVJcES 905 895 7323 TO 89057274269 P.02/03 VIA TELECOPmR LormyKnox Solicitor Town of Aurora :P. 0. Box 1000 100 John West Way A'UltORA, Ontario L4G 6JI Dear Sir; • September 14, 2000 Re: York Durham Sewage System Industrial Parkway North of W ell.irlgt.oll Street EMt Town of Alll'Ora .. ..,._. _. .... As you are aware, I have beell compiling legal descriptious W: the York Durham Sewage System located within the Town of Aurora. A portion of the 'YDSS runs along lndusttial Parkway, north of WellingtQn Street. Enclosed for yol.U' reference is a copy of Bloek Map 03641. A review of PINS 03641·0848 and 03641-1661 (copies enclosed) indieate that part of the origiual Industrial Parkway North was txansferred iD 1999 by the Town of Aurora to Royal Woodworking Co. Limited. A copy oflnstr\UXIent No. R742444 is. enclosed. Could you }>lease advise iflnd.11Strial Parkway WI!$ relocated in this area. If it was :relocated, when did it happen and where wa& it mocated to. dd Encl. c: John Culshaw Debbie Korolnek Bill Patterson Thank you for yolU' assistance in thU1 matter. Jan Diploclt Law Clerk Th< Rtgi.,./ J,f.,i<ipttlily of'Yorl;, 172~0 YDwgt Shwl, NtJPm4TMI. onr..•i•l.3Y 6Z1 Tel; 190') 89,·/ZjJl, l-JJ77-G04-YORX 11-JJ77-4~-967)), F.z~: (9''$) B9J-7JZJ l#'"""'' """"'"'li••·JI"'k.on.a. · OCT 15 '01 09:23 FR YORK RERLTY SERVICES 905 895 7323 TO 89057274269 P.03/03 100 John Wes~ay Box 1000 Aurora. Ontario 1..4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca September 21, 2000 York Region Attention: Jan Dip lock 17250 Yonge Street Newmarket, Ontario L3Y6Z1 Dear Ms. Dip1ock: Re: York Durham Sewage System Legal Services Tel. No. (905) 7Z7-137S, ext. 229 Fax No. (905) 841-3483 7.. 5 -fl9-ZUllO -------...... -----¥ In response to your attached correspondence of September 14 and 18, 2000, please find the following comments: Industrial Parkway North of Wellington Street East Industrial ParkWay was not relocated in this area. Parts 2 and 4 on Plan 65R -5164 (behind Aurora Chamber of Commerc<'J Legal Services will prepare a Report to Council for the Octobet 10, 2000 Meeting to authori-ze the transfer of easement to the Region of York based on the current R·Plan. Once Council has authorized the easement, I will forward the executed Transfer Deeds to your attention for registration. Yours truly, cRJL 4 L."" a . ~an Scheyndel '7 Legal Assistant Encls. cc: W. Jackson, Director of Public Works ** TOTRL PRGE.03 ** 1 00 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727·1375 Web: www.town.aurora.on.ca October 29, 2001 Frank Ryfa 220 Kennedy Street West Aurora, Ontario L4G 2L7 Dear Sir: Re: Registration of By-law 4305-01. T Legal Services Tel. No. (905) 727-3123, ext. 229 Fax No. (905) 727-4269 Dedication of certain lands on Murray Drive as Public Highway Please be advised that the above-noted by-law was enacted on October 23, 2001 and was subsequently registered on today's date, a copy of which is attached hereto. As it is common practice for the Town to dedicate more than one section of land in these types of by-laws, you will note that the by-law also dedicates lands on Centre Street and Industrial Parkway North (see Secondly and Thirdly). If you have any concerns in this regard, please do not hesitate to contact the undersigned at your earliest convenience. Yours truly, Qu:.xL?A&lJ ~t Van Scheynde Legal Assistant Encls. cc: Jack Laurion, La uri on & Associates D. Atkins, Manager of Engineering Services '\O~nof ~· ~ 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca July 19, 2001 FrankRyfa c/o Laurion & Associates ... Attention: Linda Hargrave 41 Wellington Street East Aurora, Ontario L4G 1H6 Dear Ms. Hargrave: Re: Frank Ryfa sale of 338 Murray Drive Request for Permission for Road Access Corporate Services Tel. No. (905) 727-1375, ext. 221 Fax No. (905) 841-3483 TRANSMITTED BY FACSIMILE Part of Lot 79, Con. 1, WYS, designated as Part 10 on Plan 65R-17160 Please be advised that we are in receipt of your July 16, 2001 request to purchase Part 10 on Reference Plan 65R-17160 from the Town of Aurora. The request is currently being circulated to our internal departments for comments. Once comments have been received, we will be in a position to seek Council's authorization to advertise notice of the conveyance in the local newspaper for two (2) consecutive weeks as required by the Municipal Act. Upon hearing no adverse comments from the public notice, we will be in a position to further seek Council's approval for the conveyance. If for some reason the conveyance of Part 10 to your client is not approved by our Council, your client may also request that the Town enact the applicable by-law to dedicate Part 10 as public highway to . provide access to the property. In the meantime, permission is hereby granted to the owners of th~ property municipally known as 3 3 8 Murray Drive, Aurora, for unrestricted and unlimited access of the lands over Part 10 on Plan 65R-17160 until such time as either the subject lands have been conveyed to the owner or have been dedicated as public highway. Failing future lawful conveyance of the lands or enactment of the by- law by the Municipal Council and registration thereof within one (1) year of the date of this letter, the interim permission granted by this letter shall expire. Yours truly, Bob P nizza Town Clerk LAURION & AssoCIATES Be.rri.ster.s 1 Solicitor=;; & ir<:~dr::: Mnr'k Agct'lte; DATE: July 19, 2001 NUMBER OF l' AGES: 1 (including this page) TO: ATTENTION: FACSIMILE NO.: FROM: RE: MESSAGE: Town of Aurora-Legal Department Janet 905· 727-4269 Linda Hargrav.; Legal .Assi~tant Ryfa sale of l'nrt Lot 29, Pl~~.n 246 Parts 4, 10, and 12 on Plan 65R-17160 being 338 or 368 Murray Drive, Aurora Further to your telephone call, may we have a letter confirming road access from the Town of Aurora over Part 10 of Plan 65R-17160. Thanking you in advance for your assistance in the above matter. Anita. NO'l'ICE: This communication is intellded to be received only by the individual or entity to whom or to which it is addressed and con.tains information that is priYilogcd, confidential and subject to copyright. Any un~uthori;ed U$0, copying, review or disclosure is prohibited. Please notify the sender immediately if you have receiVed this communication in error (by calling collect, if necessary) so that we can arrange for its . return at our expense. Thank you for your assistance and coopctation. 41 Wellington Street East, Aurora, Ontario, L4G lH6 Telephone (905) 841-2222 F<lx (905) 841-3388 Email Iaurion.Iaw@sympatico.c" IO'd 88£E!V8906 'ON X\Jj S3l\!l80SS\! ~ NOI~0\11 £t:60 OHl I0-6l-10f 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca Legal Services Tel. No. (905) 727-1375, ext. 229 Fax No. (905) 727-4269 FACSIMILE COVER SHEET DATE: TIME: FROM: July 20, 2001 9:45a.m. Janet Van Scheyndel Legal Assistant PLEASE DELIVER THE FOLLOWING TO: FAX NUMBER: 905-841-3388 ATTENTION: Linda Hargrave COMPANY NAME: Laurion & Associates TOTAL NUMBER OF PAGES INCLUDING COVER: 3 NOTE: IF ALL PAGES ARE NOT RECENED AS TRANSMITTED, PLEASE CONTACT JANET VAN SCHEYNDEL AT THE TOWN AS SOON AS POSSIBLE AT (905) 727-1375, ext. 229. MESSAGE/COMMENT: recipient or agent responsible for delivering the message you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this conununicntion in error, please notify us immediately by telephone, and rerum the original to us by postal seiVice at the address noted above. Thank you .. _ Van Scheyndel, Janet From: Van Scheyndel, Janet August 13, 2001 10:54 AM Atkins, David Sent: To: Cc: Ngo, Patrick Subject: RE: Request for Road Widenings on Murray Drive and Wellington Street East Thank you David, Regarding the Ryfa request, Leo has confirmed that local improvement charges for Murray Drive were never required. He is acceptable to transferring Part 10 for access but thinks we should deny Part 11 since no access is required along this area. Please confirm. Regarding the Region's request for the road widening. I believe I provided an original agreement and sketch with my memo requesting comments. Can you please return them with your comments attached. I will ensure Leisure Services is also advised of the request. Thank you! ~·--Original Message----- From: Atkins, David Sent: August 13, 2001 9:33AM To: Ngo, Patrick; Van Scheyndel, Janet Subject: FW: Request for Road Widenings on Murray Drive and Wellington Street East Patrick-You have the Ryfa request. Can you please give me comments ASAP to pass on to Janet. Janet-I sent back comments on the Wellington request, in the form of some notes written on the memo you sent me. I guess it didn't get to you. Here they are again: PW has no concerns with the Regions' requests. However, as these lands are "owned" by Leisure Services they should be consulted about this as well. David -----Original Message----- From: Van Scheyndel, Janet Sent: Monday, August 13, 2001 9:23AM To: Atkins, David Subject: Request for Road Widenings on Murray Drive and Wellington Street East David, I know you are extremely busy. I am still awaiting comments from Works for the road widening/easement required by the Region along Wellington Street East as well as the Frank Ryfa request for access along Murray Drive. I am preparing the Reports for the August Council Meeting. If you don't have time, I imagine Works comments can be provided at Management Team bull will still require something for the file. Thanks David! 1 July 24, 2001 Janet Van Scheyndel Legal Services Town of Aurora 1 00 John West Way Aurora, Ont., L4G-6J1 ·m JUL 24 A11 :41 CLERK'S l.!Li' AH, Mf.N f Re: Consent Application B-01-011D10-01-01 (Ryfa) Dear Janet, Frank Ryfa 220 Kennedy St. West Aurora, Ont., L4G-2L 7 Further to my earlier letter regarding Part 10, I'd like to update the request to include Part 11, a similar reserve strip adjacent to Part 5 which my home is on. With development on this group of properties complete, it would be good to address this along with Part 10 while the topic is current. The rationale for this request is to have a similar title position as the adjacent lots for the reserve strip. Access to my property is from Kennedy Street West, and with Zoning and Official Plan status put in place in 1994 the property use is set for the foreseeable future. As well, this would provide the space needed to construct a fence to control the traffic noise from Murray Drive. The traffic along Murray has increased significantly over the years I've lived here and this would provide the ability to reduce the noise level in my yard. A fence would also protect my cedar hedge which was severely damaged by road salt this past winter. With respect to Part 10, I have undertaken with the new owner of Parts 4 and 12 to complete that activity on his behalf. As with the previous request, please advise of the next steps and timing for completion of both requests. If you require additional detail, I can be reached at 905-727-0244. Thanks for your help with this issue. Frank Ryfa CC: Jack Laurion LAuRroN & AssociATEs August 8, 2001 Town of Aurora Legal Services 100 John West Way Aurora, Ontario L4G6Jl Barristers, Solicitors & Trade Mark Agents Attention: Ms. Janet Van Scheyndel Dear Ms. Van Scheyndel: Re: Ryfa sale of 338 Murray Drive -Request for Permission for Road Access Part Lot 79, Concession 1, WYS, designated as Part 10 on Plan 65R-17160 Further to your request, please find attached a copy of the parcel register for Parts I 0 and 11 on Plan 65R-17160 together with a copy of the Transfer/Deed of Land in favour of The Corporation of the Town of Aurora for Parts 10 and 11, registered as Instrument No. R258436 on September 30, 1980. Please contact my office should you have any questions or require anything further. Yours very truly, & Associates ~- 41 Wellington Street East, Aurora, Ontario L4G 1H6 Telephone (905) 841·2222 Fax (905) 841·3388 Email laurion.law@sympatico.ca ® .Ontario MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS LAND REGISTRY OFFICE #65 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER ,-:: J54-0150 (LT) I PAGE 1 , """F PREPARED: ~, ON2001/07/10 * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT LT 79 CON 1 KING PTS 10 & 11, 65Rl7160; BEING PT OF MCDONALD ST ; S/T KI23040,KI23042 AURORA PROPERTY REMARKS, ESTATE/QUALIFIER FEE SIMPLE RECENTLY RE-ENTRY PIN CREATION DATE 1999/10/22 LT CONVERSION QUALIFIED FROM 03654-0310 M PRINTOU71~CLUDES ALL DDfUMENT 1/rJSTRUMENTS SINCE 19911(10122 • M SUBJECT, cjN FIRST REGJSTR)!17DN M PARAGRAPH 11, FjAAAGRAPH 14, PROVINCIAL SUCCESSioN DU17ES • AND ESCHEAJSj DR -BE ENTITLED TO THE lAND OR ANY PART OF"* . POSSESSIO,Y, PRESCRIPTION, MISDESpRIP17DN OR BOUNDARIES SETTlED BY • M •DATE OF KI23040 1943/08/26 I TRANS EASMENT MARK&SKEJ KI23042 1943/08/26 I TRANS EASMENT R MARKS: SKEl 65R424 1971/01/19 I PLAN REFERENCE R258436 1980/09/30 I TRANSFER Is 2 R311118 f 1983/03/07 F2S EASMENT R MARKS: AS024A MENT, MUL77 65Rl7160 1994/06/29 P~ REFERENCE OWNERS' NAMES THE CORPORATION OF THE TOWN OF AURORA THE HYDRo-ELECTRIC POWER COMMISSION OF I C ONTARIO THE HYDRO-ELECTRIC POWER COMMISSION OF I c ONTARIO c THE CORPORATION OF THE TOWN OF AURORA c AURORA HYDRO ELECTRIC COMMISSION c c 1 \ ·v••.f ·-t "'1 \ ~-~ y/c• .· \ AT .:.~·-. -~ C:. t-..i.~ ~~. .......... CAPACITY SHARE BENO NOTE, ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES. IF ANY. WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE, ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. bed wllhout Dower Pai~J~lCIII Ntwn~JM aid Gilbert;, Lfmlttd', Toronto athis ~udtntur:e mode In duplicate the 18th dayof May, one thousand nine hundred aud seventy-seven .in Jfmiil1111Ut ..r tllf &Jput 3llnriiUI ..r CI!Dll1ltJI8llff• Aa: illttutPrn ROBERT AARON, Solicitor, and DOROTHY ~· his wife, both of the city of Toronto, in the Municipality of Metropolitan Toronto, as joint tenants and not as tenants in common, as to an undivided one-half interest, and '1~~fiv'io'afedthe same place, as to 1e one-half interest, hereinafter called the "Grantors", OF THE FIRST PART, -and - THE CORPORATION OF THE TOWN OF AURORA, hereinafter called the "Grantee", OF THE SECOND PART, lfittu>Bllrt)J that In eonsideration of other good and valuable consideration and the sum of TWO------------------------------- -----------------------------($2 • 00)--------------------dollars of lawful money of Canada now paid by the said grantee to the said grantors (the receipt whereof is hereby by them acknowledged) they the said grantors DO GRANT unto the said grantee in fee simple ii"Eiing:ular that certain parcel or tract of land and premises, situate, lying and hcing in the Town of Aurora, in the Regional Municipality of York formerly in the Township of King in the County of York, and being composed of those parts of Lot 79 in the First concession of the former Township of King, now in the Town of Aurora,as are shown as Parts 1, 2 and 3 on a plan deposited in the Registry Office for the Registry Division of York North as Plan65-R-424, which said lands and premises are hereby dedicated as a public highway. SECONDLY: ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Aurora, in the Regional Municipality of York, formerly in the Township of King in the County of York, and being composed of that part of Lot 79 in the First Concession of the former Township of King, now in the Town of Aurora, as is shown as Part 9 on a plan deposited in the Registry Office for the Reg;i,stry D.ivision of York North as Plan. 65-R-2127, which such 1 ~ands .are hereby dedicated as a r- I· 1; i· ,. ; >'. j ;. I· , ' ,. ! !· i· ;: i' j' I i I I, ,. I !' I· I. ' .• -- -·- N~uo! GObat. Lfrldted ~ 1~1, _1U.l1151 Dl' uu 1, •' the ' In the I am a •• Aaron. AFPIDAVIT OF SllBSCIIUIING WlTNESS MARGARET BRYDON City of 'romnto, Municipality of Met:ropoUtan Toronto, se·czetary make oath and II&J: snbserlblng wltneaa to the attaehed bastrwnent and l was preasnt and saw it; exeeuted br Robert Aaron and Dorothy J wriJ7 beUeve that eaeh pm!OQ whoae a:Jgnature I wltnused is the party of the same nama referred to fn the bustrwn.ent. SWORN before ma at the City of Toronto, in the Municipa1ity of Metmpolitan Toronto, tbla 30th day of July ID80 • •u attome:r. -·- ·--ta..pplb\rk - of the In the ~f~ AFFIDAVIT AS TO AGE ANb SPOUSAL STATUS WE, ROBERT AARON and DOROTHY AARON City of Toronto Municipality of Metropo~itan Toronto, (severally) make oath and aay: When ,ax I WE executed the attached inatrutlmlt, 1§§111 WEWEREEACB atleasteJgbteenyearaold;: ondwitMn th• meanitlgof•eelion 1(/) of Tb FamUu Low Rejorm.Ac:t,l918, --(e) We were apouaea of one another. We were not non-residents of Canada within the meaning of Section ~~6 of the Income Tax Act. · ~ "' •· -~-' ... . ~-::~-f 258436• No, ~egistry D;•islcn of Yorli Non~ (No. ~SJ I CERTIFY thet this instNment i> cogistered ,.. ill .M. -r.ow3o All: 57 : r.~&o """ ~lsn,; ~ .. Newm&fbt., Onloiio. REGISTRATION FEE LAND TRANSFER TAX RETAIL SALES TAX ~ /t:tJO :20·~3 - ). Dated ~ .~A~ J ...... ,...;. ' May 18th, 1971 ROBERT AARON and DOROTHY AARON, and DEBORAH AARON -TO- lttb nf manb SITUATE Those parts of Lot 79, Town of Aurora (formerly Conc.l, Twp. of King) shown as Parts l, 2 and 3 on Plan &SR-424 and as Part 9 on Plan &SR-2127 .......... llllbnt. LlaaiW.-l'ons LW.Ili.UQot 1LU <TRATHY, ARCHIBALD & SEAG.RAM, Suite 3801, Commerce Court West; Box 438, Commerce Court P.o., Toronto, Ontario. MSL lJ3 (AM-193 RST: ja) nr Iii • • ~tl J; • tF 1 f f ~ .. ~1 ~ n. ; fh : hi ~ (U ~ •i! lu·: , ~~-----· Jl! rjt M ·Jr= M !If , .. :0}1 ~r li ~. u -~-.. ·'· ··:-·; . .<.:;·:· f f ·It I i' I J • ~ ~~~ a~ It e. ~ l!'j B ·. ~ ~ ~ s ~ ~ • a. u i !'. S> • ~! ~ ~ l i • It' i tl ~ !i :·. --~ 0 .. & i . £.~~~ ~· f "'-:-;<"'= --~·;!>!;:i (;j 1!. ~s~::_u i:~~:~'2 ''" ~f P.!.1~t lil ~ etg~·ft .. ~ t'""'~ I i ~ t\ i = Q .. ~ ,.t. . :!! !i ~ I ! 2 1 a. i S> • !i. s i 5 E' i = i t = t l i I /. / { ' ,, { -~· ,; 1: I '. '. ,. '. il. I l r ! ,. IH J· .. rr.: ··' ·~ .. ..... -,, .. ,.,. Form 1054 Aflldavit -The PJanning Ad. ~strJ< "1:1 l~m411 nnJ:r. N...,._ 1111ol Gm-rt. Limited, 'l'orontn IN THE MATTER OF THE PLANNING ACT (as amended) AND IN THE MATTER OF THE TITLE TO AND IN THE MATTER OF A DEED THEREOF, FROM ROBERT AARON and DOROTHY AARON, and DEBORAH AARON TO THE CORPORATION OF THE TOWN OF AUROllA DATED May 18th, 1977 • I; ROBERT AARON, of the City of Toronto, of Metropolitan Toronto, Solicitor, MAKE OATH AND SAY AS FOLLOWS: in the Municipality 1. lam Robert Aaron r one of the Grantors n'amed in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. 2. The said lnstrutnent, and the conveyance or other dealing with Jand affected thereby, do not ~ntravene the provisions of The Planning Aet, as amended, betause fll'"l'f __ ..,._iolw-::c: ,. __ ,.,.,.,.~HI!'.,..,.,.,.~....,.,_ =j.RFftiif&~lzJ !c y:&M, a~miau~u; uppvmtmvmt wish ,_,evt:tB=IfR!F =rtr~Rt:atautn» !'JteSd $$HJ.tpfiR!= (b) The land is being disposed of to a Municipality and the transaction is exempt by virtue of the provisions of Section 29(2) (c) of The Planning Act. SWORN before me at the In the City of Toronto, Municipality of Metropolitan Toronto this 30tb ds,yo! Jul.y /1~~ 1980. ROBERT AARON · L I i I Successors TO HAVE AND TO HOLD unto the said grantee , its / Ju!!atand assigns to and for it and their sole and only use forever, SUBJECT NEVERTHELESS to the reservations, llmltations, provisoes and conditions expressed In the orlg!Dal grant thereof from the Crown. The said grantors COVENANT with the said grantee THAT they have the right to convey the said lands to the said grantee notwithstanding any act of the said grantor AND that the safd grantee shall have quiet possession of the saJd lands free frotn all encumbrances. AND the aald grantors COVENANT with the said grantee that they will execute such further assurances of the said lands as may be requisite. AND the said grantors COVENANT with the said grantee that they have done no act to encumber the said lands. AND the said grantors RELEASE to the aaid grantee ALL their the said lands. claims upon IN WITNESS WHEREOF the said parties hereto have hereunto set their hancls ancJ seals. ltlpdl.lbaltll anll Drllomll IN THE PRESENCE OF ., Van Scheyndel, Janet From: Sent: To: Cc: Subject: Janet: Atkins, David October 5, 2001 3:17PM Van Scheyndel, Janet Atkins, David Frank Ryfa Consent Application -Murray and Kennedy West Public Works has no concerns if the 0.3m reserve known as Part 10 is dedicated as Public Highway. I understand that the 0.3m Reserve known as Part 11 cannot be released to Mr. Ryfa as it is public property. If he wishes to acquire this piece of land he must offer to purchase it from the Town. David Atkins 1 Memo To: Janet Van Scheyndel, Legal Assistant From: Patrick Ngo, Engineering Assistant cc: David Atkins, Manager of Engineering Services Date: August 13, 2001 Re: Request to Acquire Town Reserve-(Ryfa) 220 Kennedy Street B-01-01/01 0-01-01 Public Works Dept. File: D1 0-01-01 Further to your memo dated July 24, 2001 regarding the request to acquire Town reserves along Murray Drive, we have the following comments: 1) We have no concern of lifting part 10 of Plan 65R-17160 (one-foot) reserve partially, for the width of the proposed driveway only, along the frontage of the severance lot. The proposed driveway location shall be to the Building Department satisfaction and not exceeding the maximum allowable width; 2) The remaining of part 10 reserve shall remain unchanged in the Town procession as a means of access control; and 3) The Owner may build an acoustic fence along Murray Drive within his property provided that it complies with the appropriate by-law. Request of the transfer of Part 11 of Plan 65R-17160 is, therefore, not necessary and shall be denied. Patrick Ngo Engineering Assistant 1\AURORA_NTNOTE\DEPARTMENTAL\Public Works\D10 Severances\2001\Ryfa request-pn.doc ... I N T E R OFFICE MEMO To: W. Jackson, Director of Public Works From: J. Van Scheyndel, Law Clerk Subject: Frank Ryfa Request to Acquire Town Reserves along Murray Drive Date: July 24, 2001 Please find enclosed a copy of two (2) letters from Frank Ryfa requesting that the Town convey the reserves along Murray Drive described as Parts 10 and 11 on Plan 65R-17160. As such Legal Services will require your comments in contemplation of a Departmental Report to the August 21, 2001 Council Meeting. In order to assist you, I have included a copy of Plan 65R-17160 and the following background information. Part 9 was previously conveyed to the adjoining owner, Aliena Homes as per Condition No. 18 of Consent Application B-03-94 (Kashef) which required the applicant to obtain frontage and access to Parts 3 and 6. The lands to the south were also recently severed through Consent Application B-01-01 (Ryfa) .and Parts 4 and 12 were subsequently sold to Aliena Homes and Part 5 was retained by the applicant, Frank Ryfa. Unlike the previous consent application, there were no conditions imposed for the applicant to acquire access to Parts 4 and 12 along Murray Drive. Mr. Ryfa, on behalf of Aliena Homes is requesting that the Town convey Part 10 to create access to Parts 4 and 10. Mr. Ryfa is also requesting that the Town convey Part 11 to him in order to provide the space to construct a fence to control the traffic noise along Murray Drive. Thank you for your assistance . . Van Scheyndel Law Clerk Atts. July 16, 2001 Janet Van Scheyndel Legal Services Town of Aurora 100 John West Way Aurora, Ont., L4G-6J 1 __ .. He:_ .Consent Application B-04-01/D-1.0-n1-01 (Ryfa) Dear Janet, Frank Ryfa 220 Kennedy St. West Aurora, Ont., L4G-2L7 As we discussed on Friday, this letter is to request transfer of part 10 as shown in the above consent to the owner of parts 4 and 12, currently myself. This is similar to consent B-03-941010-03-94 (Kashef) on the adjacent property where part 9 was transferred to the owner per condition 18 of that consent. The property is scheduled to transfer to a new owner this Thursday July 19 however I'd like to get this in progress now to finish off the consent. Please advise of the next steps and timing for completion of this request. If you require additional detail, I can be reached at 905-727-0244 or 416-684-5690. CC: Jack Laurion Town of Aurora Committee of Adjustment Application: 100 John West Way Box No. 1000 Aurora, Ontario L4G 611 Tel: (416) 727-1375 NOTICE OF DECISION Date of Decision: B-03-94/D 10-03-94 (Kashef) January 13, 1994 Date of Notice: January 21, 1994 Address all Correspondence to the Attention of the Secretary-Treasurer A'ITACHED HERETO is a certified ·copy of the decision of the Committee, including the reasons therefore and any applicable conditions. TAKE NOTICE that the Applicant, the Minister and any other person who has an interest in this matter may, within thirty (30) days of the making of the decision, appeal to the Municipal Board against the decision by filing with the Secretary-Treasurer of the Committee a notice of appeal, setting out the objection to the decision and the reasons in support of the objection, accompanied by payment to the Secretary-Treasurer of the prescribed fee. Please be advised that groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name or names of individual group members, and not in the name of the group. The final day for appeal of this decision is February 14, 1994. Yo~s truly, /) ~' t'Vi"vtv Gordon Whicher Secretary-Treasurer GW/ts Attachment \_ Town of Aurora Committee of Adjustment 100 lohn West Wav Box No. 1000 Aurora. Ontario L4C 6)1 Tel: (416) 727-1375 -~ddress all Correspondence to the Attention of the Secretarv-Treasurer DECISION Date of Decision: January 13, 1994 Application Number: B-03-94/D 10-03-94 (Kashet) WITH respect to the above application the Committee has determined THAT: c,vJ It hereby does/dees net grant consent with regard to the application as submitted. Where consent has been granted, it is subject to and entirely conditional upon fulfilment by the applicant to the satisfaction of the Committee of the conditions, if any, attached hereto as ~chedule "A". 'J,ijJ,Ifl &lllllliM has l!eeR FefiJseli, the eeeisieft is e1111eci ttpell tfte reasons eMMiiee kerete 111 Sak•dttle ":S". v,J I CERTIFIED- I CO!vloiAJ .. ~TH Of. :\D_;USTMENT / ............. ~.z~otv.:z:.·'.~---········· U~Y.•TiW. l'f .. ,IHt. ............... . 7 . '- ' ' ··. SCHEDULE "A" APPLICATION B-03-94/Dl0-03-94 <KasbeO CONDITIONS OF APPROVAL l. That all conditions be fulfilled within two years of the giving of notice of this decision or within two years of the date of the decision of the Municipal Board in respect of an appeal or referral of this decision. 2. That the applicant pay an administration fee of $225.00 plus GST to the Town of Aurora. 3. That the applicant provide to the Secretary-Treasurer a copy of the deposited Reference Plan. 4. That the applicant provide to the Secretary-Treasurer a fully executed transfer in triplicate respecting the subject applicationS. S. That the applicants shall obtain a Certificate of Consent from the Secretary-Treasurer with respect to all the related applications B-02, 03 & 04-94/010-02, 03 & 04-94 (Kashef) and B-01-94/010-01-94 (Ryfa) after all of the conditions therein are satisfied and that each of the decisions shall be conditional upon all such decisions being granted and the Certificate of Consent being obtained. 6. That both the severed and retained lands shall conform to the provisions of the Municipal Numbering By-law No. 3293-91. 7. That the applicant shall satisfy all outstanding financial commitments, if any, to the Town, including possible cost recovery for the construction of McDonald Drive and, if applicable, cost recovery required in favour of Granada Investments with respect to construction of sanitary sewer services benefitting the subject lands. 8. That section SO(S) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) applies to any subsequent conveyance of or transaction involving the parcel of land that Is the subject of consent application B-04-94/010-04-94 (Kashef) in respect of Part 4 as shown on the application and that the Secretary-Treasurer shall only be authorized to issue a Certificate of Consent with respect to a deed in favour of the owner of the lands which are the subject of application B-01-94/010-01-94 (Ryfa). 9. That the applicant shall pay to the Town of Aurora a cash in lieu of parkland dedication in an amount not to exceed 5% of the appraised value of the subject lands, if such amount has not previously been paid C E R T 1 F 1 E D COMMITTEE OF ADJUSTMENT ro)lN 1 o1IA ····· ···· · ··· · --~-· .. f/.Y'.. -~-····· · ·· · · · · · · · · .. · 'ltc;\o·. :iitiAS: ·. Page 2 ( B-03-94/Dl0-03-94) l 0. That the applicant be advised that substantial portions of the lands lie within the flood plain and that Zoning By-law 2213-78 prohibits development within the Environmental Protection Zone. 11. That the applicant shall obtain such amendment to the designation for the subject lands in the Official Plan adopted by the Council of the Town in 1991 as may be necessary to ensure that the proposed severed and remainder parcels are in conformity with the Official Plan. ·12. That the Committee of Adjustment for the Town be notified, in writing, by the Lake Simcoe Region Conservation Authority, that satisfactory arrangements have been made between the owner and. the Authority with respect to development of the subject lands. 13. That the Lake Simcoe Conservation A:uthority be requested to ensure that due consideration has been given to the impact of any proposed development upon the natural environment and that due measures are in place, as appropriate, to protect the natural habitat. 14. That the Committee of Adjustment for the Town be notified, in writing, by the Lake Simcoe Region Conservation Authority, that the applicant has been granted permission to construct an access road into the proposed severed lot consisting of Parts 3 and 6 and that the applicant has been granted permission to construct a dwelling on this proposed lot. 15. That this consent shall be conditional upon the applicant rezoning each of the proposed Parts 1, 2 and 3 or obtaining minor variances with regard to all aspects not in conformance with Zoning By-law 2213-78, including lot area and lot frontage for each of Parts 1, 2 and 3 to permit a single family residential use. 16. That this consent shall be conditional upon Part 4 being rezoned or being granted such minor variances as may be necessary to combine such lands with Part 5 to create a lot that is in conformance with Zoning By-law 2213-78 for the purposes of a single family residential use. 17. That this consent shall be conditional upon Part 6 being rezoned or being granted such minor variances as may be necessary to combine such lands with Part 3 to create a lot that is in conformance with Zoning By-law 2213-78 for the purposes of a single family residential use. CERTIFIED COI.\MITHE OF AD!:'. TMENT TQ\'i~ S.f Ai.J , r.A 0 lJ ir-.t--. , l stCY. TRW. ·n~ _ __ , 'i ( , , 4. . ........... _ . o:.ii~ ··············· Page 3 ( B-03-94/D 10-03-94 ) 18. That the applicant shall obtain the approval of Council of the Town to release such portions of the 1 foot reserve along McDonald Drive as may be appropriate to create frontage and access for the lot proposed to be composed of Part 6 and Part 3 and shall pay the survey costs together with the Town's fee and expenses with regard to registration of the appropriate legal documents. 19. That the applicant shall obtain confirmation from the Clerk's Department that all documentation is in place to reflect existing easements in favour of the Town, applicable utilities or other authorities and that no proposed development of the lands encroaches upon those easement rights. 20. That the applicant be advised~ charges or fees may be applicable at certain stages of the development process with respect to new sewer and water connections, development charges and roadway excavation permit fees pursuant to applicable Town ·• by-laws. 21. That the applicant shall, with respect to the lot proposed to be composed ofPart 3 and Part 6, register a restrictive covenant in favour of the Town requiring that no building permit application shall be submitted and that no development of the severed lands shall commence until a detailed grading plan showing all proposed grades and drainage, the location of the access driveway, the exact location of the flood plain and the siting of a proposed dwelling. in accordance with appropriate zoning by-laws, has been submitted for approval by the Director of Public Works, which covenant shall be released by the owner and the Town upon satisfactory inspection of the works by the Director of Pubic Works. GW*ts Attachments CERTII<'IED -.. COMMITTEE O,f ~fdUSTMENT ............. ~C.14F~~.~.~ ........... .. ............... (\.' ... ~ ~~ J.C,Su !)All 0 . . . .. ., ......... ,,\ ................... • SfCY.•TtLU . TOWN OF AURORA COUNCIL REPORT I AGENDA ITEM # I No. ADM01-026 SUBJECT: Dedication of Certain Lands as Public Highway on Murray Drive, Industrial Parkway North and Centre Street FROM: Legal Services Division DATE: October 23, 2001 RECOMMENDATIONS THAT By-law 4305-01. T, being a by-law to dedicate certain lands as public highway on Reference Plan 65R-17160 and Registered Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North, be provided three readings. .. . BACKGROUND The Town recently received a request to transfer a portion of the Town's reserve along the east side of Murray Drive just north of Kennedy Street West to the adjoining property owner for the purpose of providing legal access to a new lot created through Consent Application B-01-01 (Ryfa). With respect to the subject lands forming part of Centre Street and Industrial Parkway North, the Town was advised by the Region of York of the possibility that certain portions of these Streets had not been formally dedicated as public highway even though they were currently being used as part of the municipal roadway. COMMENTS The Works Department does not support the outright transfer of the subject reserve along Murray Drive to the adjoining owner, but do support the dedication of the reserve as public highway which would satisfy the access issue to the newly severed lot as well as allow the Town to maintain ownership of the reserve. In addition, Legal Services have confirmed that the subject portions of Centre Street and Industrial Parkway North had indeed not been formally dedicated as public highway. OPTIONS Legal access to the severed lot on Murray Drive must be provided by the Town. As such, Council may choose to eit~er retain the reserve along Murray Drive and dedicate it as 000002 October 23, 2001 -2 -Report No. ADM01-026 public highway through the enactment of the proposed by-law, or Council may choose to transfer the reserve outright to the adjoining owner through the applicable sale procedures. As well, Council may choose not to dedicate the lands identified on Centre Street and Industrial Parkway North as public highway even though they are currently being used as a municipal road. CONCLUSIONS Staff recommend that Council enact By-law 4305-01.T, dedicating the reserve along Murray Drive as public highway so that the adjoining owner can have legal access to the property. The by-law would also dedicate the particular portions of Centre Street and Industrial Parkway North as public highway which are currently being used as part of the municipal road. FINANCIAL IMPLICATIONS The Town is responsible for the costs associated with the registration of the By-law. 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 Partial copies of Reference Plan 65R-17160 and Block Map 03641 PRE-SUBMISSION REVIEW Management T m Meeting-October 17, 2001 Janet Van Scheyndel, Law Clerk L dministrative Officer 000003 ' ! ;" C' 0 < 0 "' t il lll . . :> SIB . (P1 II (UcP) ~?]"~ _!a:_E- a t..:. "-'"::tiiJ II if y;: ~- Pori • Plan 651 ' Port 2'' ,... <t ~ ~ ·.· ... ········.··•.:.//;y: _&ffc · .. -~~ ~l . . . ~ ,_ . o<:-· :')" </~ . . I< i)'!J 'li s-" " ____ --.;-- . 10 porl I '" .> 38' 3Cf'" _ ---.,_~"- PART 3 42.53 f:; 1\J .... ~ No ; .... PART 1 I I . S'-· " " -3·' r ':" -or_n If.!'!· Z~HPart 01 -~~···_:, _;•H·· . : ·s· · .ot. 2$. 8-P.' 6. ..;. m'F'-... ri~"· --~ :7 iJf'2 R.P. ~ -,fJ66 '8 ~: f!f_.2 !i.Pi ~ &tit o -· . . rt·of· -·r-· -. ·•Pitrt Q, g --t· g 'qrl_ of.' :;, R.P: <6 Port o part · .;.,; of 7l -·-f . 'Port o. ----~ ···to rlo/79 t·POrtol -f 71 "Df 1" Pmt a. ---12 ~ I<P;:E• I rl of Port o. 29 .. ·-... ' ~ .... i\; 0) 246 I I· f. 0 g \C -t---§ ~'";' o~· . Ill Q ;;.... \C. ~z 0~ U.....:l .....:l~ ;:$~ E-<u ~z ~~ I ~~ ~ ~ ·I ~ ~ I I I I I I . I 8.86 -~--12.96 111 2!.88 518 ~ J_ £ .m 9.:?0 (U) • .. - ----- -( } (g~l7) u3 IP\._, __ =N7~ 38 _ 30 E (1.4) 34.54--,,•,,1 N73" .38' JO"E lw> 30.54 N7Y Js· JcJE -'\r----76 -25 -· · I -N74" 00" oc1'E 01) :S0.4G ' and lnst. .5886 {AUROh. ·; . ., I I V"J -·47.42 ..... <><>=-'~: -~ """'· I l «} s.w. comer --;;;;;,;;;,;;-9;;; ~of-wa; . ·---- ----- ----- - ----------h •• ~~ 15981 (King) a$ in ., lot 29, RP 246 . I PtA .\I u -mr~; known as KFNNF()Y C:TRFFT f : I -""-! = WELLINGTON STREET i i WELU~GTON STREET i i PARTIAL COPY OF BLOCK MAP 03641 000005 ··. : "" SHEET 3 I I' t_-;;:.;;-.....---~.-~--~--~- .. . .,.,J TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO. 31-01 HELD ON TUESDAY, OCTOBER 23,2001 XI READING OF BY-LAWS Moved by Councillor West Seconded by Councillor Timpson THAT the following listed by-law be given 15 \ 2"d and 3'd readings, and enacted: 4305-01.T BEING A BY-LAW to dedicate certain lands as public highway on Registered Plan 65R-17160 and Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North. CARRIED CORRESPONDENCE SENT BY: ------------------- ACTION DEPT.: Legal Svs .. --~--~---------------------- INFO DEPT.: ---------------- \ ( :. '-~ ._1 TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO. 31-01 HELD ON TUESDAY, OCTOBER 2~, 2001 1. ADM01-026 -Dedication of Certain Lands as Public Highway on Murray ·Drive; Industrial Parkway North and Centre Street Seconded by Councillor Pedersen THAT By-la 4305-0:J...-"Y, being a by-law to dedicate certain lands as public highway on renee Plan 65R-17160 and Registered Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North, be provided three readings. CARRIED CORRESPONDENCE SENT BY: ------------------- ACTION DEPT.: --=Le=sg:ca::....l 8=-v:..:s::..... ------------------ INFO DEPT.: -.....,.....!....CA,.d!!.m"'-in,_,is,_,tr""a""'tio,_,n_,__ ________________ _ THE CORPORATION OF THE TOWN OF AURORA By-law Number 4305-01. T BEING A BY-LAW to dedicate cenain lands as public highway on Registered Plan 65R-17160 and Plan 246 forming part of Murray Drive, Centre Street and Industrial Parkway North. 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 pas~ by-laws to establish and lay out lands as public highways; AND WHEREAS, the municipal Council of the Coqioration of the Town of Aurora deems it necessary and expe~ient to dedicate certain lands and reserves as public highways; NOW TIIEREFORE TilE MUNICIPAL COUNCIL OF THE CORPORATION OF TilE TOWN OF AURORA ENACTS AS FOLLOWS: 1. TIIA T the land described as Part of Lot 79, Concession 1, WYS, designated as Part 10 on Reference Plan 65R-17!60, Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Murray Drive in the Town of Aurora.· - 2. THAT the land described as Pan of Lot 106, Plan 246 as in R742444 (Firstly) except RI15571. Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public. highway forming a part of Centre Street in the Town of Aurora. 3. THAT the land described as Pan of Lot 106, Plan 246 as in R742444 except Part I on Plan 65R-23637. Town of Aurora, Regional Municipality of York, be and is hereby dedicated as a public highway forming a part of Industrial Parkway North in the Town of Aurora. 4. 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 • 2001. READ A THIRD TIME AND FINALLY P'ASSED THIS DAY OF '2001. T. JONES, MAYOR B. PANJZZA, TOWN CLERK 000006. --~,-----------------------------------------------------~---~--------------------------------~B~L~O~CK~0~3~6~41~-~SH~E=E~T~I~5~0~F~I7:_, • • • • • • ·- • • • • • • "' "' "' "' ~~ u 0 -' "' •· r "' "' "' "' ~~ u 0 -' •· l · .. ___ ';..._.,. _____ _ "'------------ 6 0001 0892 82 81 7980 ~J~~ r-------1 59 ~ --------1 ..., • I --·---------------------I ' ~: 00!6 SHEET 12 ' ' ·1 Q_· ''"' · o C';tA6 ~ l 1665 , , ! 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