BY-LAW NO A BY-LAW TO AUTHORIZE AN APPLICATION TO THE DISTRICT COURT JUDGE TO CLOSE THE BAKER STREET ROAD ALLOWANCE,

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1 ORDER OF JUDGE A, R, CAMPBELL DATED SEPTEMBER 17, 19.r REGISTERED ON OCTOBER 2, 1991 AS INSTRUMENT NO, , Clause 9, Report No. 64, 199 BY-LAW NO A BY-LAW TO AUTHORIE AN APPLICATION TO THE DISTRICT COURT JUDGE TO CLOSE THE BAKER STREET ROAD ALLOWANCE, BEING PART 1 AND PART 4, REFERENCE PLAN 13R-9429 UNDER THE PROVISIONS OF THE REGISTRY ACT AND THE MUNICIPAL ACT PASSED June 12, 199 The Council of the Corporation of the City of Kingston enacts as follows: i. The City Solicitor is hereby authorized to make an application to the District Court Judge to stop up and permanently close that portion of Baker Street as shown on Registered Plan No. 478, in the City of Kingston, more particularly described as Parts 1 and 4 on Reference Plan 13R-9429, as shown on Schedule "A" attached hereto, in accordance with the provisions of the Municipal Act, R.S.O. 198, Chapter 32 and the Reaistry Act, R.S.O. 198, Chapter This By-Law shall come into force and take effect on its passing. GIVEN FIRST AND SECOND READINGS May 29, 199 GIVEN THIRD READING AND FINALLY PASSED June 12, 199 CITY CLERK MAYOR

2 - 1 SCHEDULE p~rt'3 ENUMERATED HEREUNDER REFER TO THE FOLLOWINg LANDfl J,,,, PART I N ST. LOT CON. OR PLAN._..._j,,,,,,,,,, I, 2 BAKER STREET R.P. Ne. 478,,,,, 3, ii'reserve R.P N~. 478 I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT. DAT E ' APRIL 3, 199. I I IT II II P. A.,3 _ RECEIVED AND DEPOSITED SOUTH I/2 L T REGISTERED PLAN N I. 6 8 M. PETER ALLEN O.L~. ii iii i i i INST. N o SEE PLAN BY H 8, B 17 TH OF JULY 1954 DATED (DWG. N ) CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. LO T LIN E W PART 4 N INST, N ~ [ PART:3 --I' RESERVE " 83 ~ (N 46 'it Ha O) : N 83~ riot. 'E 46.' I ~ 2 ~ 46. "-'--'--~-- -~",{ 2. / ~'1{ S~ / w,t 66.~ (Po,:,,,ll N 85~ E "o, _. ~ M) WIT~ X 63.' (DI 8 S ) S.B (NO Nt.) -F" ~-'CHAIN LINK FENCE PLAN SHOWING SURVEY OF 2 CD AVENUE, (NOW BAKER STREET) AND THE I' RESERVE NORTH OF" BAKER STREET REGISTERED PLAN N-~ CITY OF" KINGSTON COUNTY OF FRONTENAC GRANGE W. ELLIOTT LTD _J <l: 3: O INST. N~ (DI) SCALE I" 9 2' ~n n- w REGISTERED INST. N ~. II 7125 LOT 9 ~ z ~ J w "8 '- O, if)' = ~t I--n LIJ LULU I-- bju m PART -o o I ~,I P LAN ~ ~ ILl -- z -J E) k- m (z I- ~ PART 2 O u 9 o nr I- -- f,h!,1 -_oz u~ bj "~ O - [ b- N ~ _ LOT =E "o d i$) m if) ~D (PI),.qURVEYt::)R',.R CERTIFICATE : I CERTIFY THAT : I THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH "THE SURVEYS ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE THEREUNDER 2.THE SURVEY WAS COMPLETED ON THE? TH DAY OF F E BRUARY 199. GRANGE W. ELLIOTT LTD. ONTARIO LAND SURVEYORS K INGSTON, ONTARIO APRIL 3, 199. M. PETER ALLEN Ontario Land Surveyor I z W > T m.j d 1 NOTE AND LEGEND: BEARINGS ARE ASTRONOMIC DERIVED FROM THE NORTHERLY LIMIT OF WELLER AVE. HAVING A BEARING OF NB~ ~ 46'1"E AS SHOWN ON REG ISTERED PLAN N i~ 4 "7 B J I ' (PI 6M~ N 83~ ''E (PI 6 M) t ' p STREET U N E ~'~ ~ L--BEARIN G REFERENCE LINE,~,, 66.' (PISIS) $$1B 2.' SSIB -- S. W. CORNER LOT 8,REGISTERED PLAN N ~ _ 63.' (DI B S) 78.(M) B ( NO. Ng.) eel - SIS - IO WIT - PI - S - M Xt~ll - I 22 - S.B. DI -DENOTES SURVEY MONUMENT PLANTED " SURVEY MONUMENT FOUND,, SHORT STANDARD I~C)N BAR " STANDARD IRON BAR " IRON BAR -,, WITNESS,, REGISTERED PLAN NI. 4 7B,, SET,, MEASURED,, M. PETER ALLEN, O.L.S.,, HUMPHRIES.r BURGHAM, LTD. " N.B. CAMPBELL O.L.S. I/2" IRON BAR INST, NI WELLER AVENUE i iiiii i GRANGE W. ELLIOTT LTD. O.LS. 122 WELLINGTON STREET "" KINGSTON, ONTARIO K7L 3C7 TEL (613) FILE ' ~35 c Printed on DIETGEN 8139M3

3 "~ of Pr~ Ontario Document General Form 4 -- Land Registration Reform Act, 1984 OYE & DURHAM CO LIMITED Form No 985 Ill Registry q Land Titles [] 12) Page 1 of pages,,..._ OO.- C~ (3) Property Block Property IdenUfler(s) (4) Nature of Document Additional: See Schedule [] I--- O Court Order (5) Consideration (6) Description Dollars $ N/A New Property Identifiers ExecuUons (8) This Document provides as follows: Additional: See Schedule [] Addit#onal: See [] Schedule That portion of Baker Street between Lots 8 and 9, Registered Plan 478, being Parts 1 and 4 on Reference Plan 13R-9429 in the City of Kingston, County of Frontenac (7) This (a) Redescription Document New Easement Contains: Plan/Sketch [] (b) Schedule for: < Additional Description [~. Parties [].Other [~X See Order of The Honourable Mr. Justice Alan R. Campbell dated September 17, 1991 attached hereto 9) This Document relates to instrument number(s) Continued on Schedule [] < (1) Party(lea) (Set out Status or Interest) Name(s) Signature(s) Date of Signature ~HF. CORPORATO~ OF THE CTY OF K~NCS~ON ~ r " g M D 199~'/~i,... ~ele'n i'"i''" ' Jo.i./ Ma~'i'dfi" Rb'gets',' ~ 'city 'Cle'rk %1 < (11) Address forservice 216 Ontario Street, Kingston, Ontario K7L 23 Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature! Y M D ~..., L [ i 9 9 -i L.....! 9 9.=. 9 9 i (13) Address for Service MuniciPal Address of Property 1174 (12/84) (15) Document Prepared by: NORMAN C. JACKSON City Solicitor 216 Ontario Street Kingston, Ontario K7L 23 o Registration Fee Total Fees and Tax <

4 DISTRICT COURT OF ONTARIO Court File No.~//9 THE HONOURABLE ) FRIDAY, THE 7TH DAY OF SEPTEMBER, A.D. 199 IN THE MATTER OF SECTION 82 OF THE REGISTRY ACT, R.S.O. 198, CHAPTER 445 AND IN THE MATTER OF SECTION 316 OF THE MUNICIPAL ACT, R.S.O. 198, CHAPTER 32 AND IN THE MATTER OF THAT PORTION OF BAKER STREET BETWEEN LOTS 8 AND 9, REGISTERED PLAN 478, BEING PARTS 1 AND 4 ON REFERENCE PLAN 13R-9429 B E T W E E N : THE CORPORATION OF THE CITY OF KINGSTON - and - Applicant 4 I j DALTON HUTCHINGS DEAN and GEORGE ARSENAULT and MARIE ROSE ARSENAULT Respondents O R D E R THIS APPLICATION, made by The Corporation of the City of Kingston, for an Order to close that portion of Baker Street between Lots 8 and 9 on Registered Plan 478, being Parts 1 and 4 on Reference Plan 13R-9429, in the City of Kingston, County of Frontenac, was heard this day at the Court House, Kingston, in the presence of Counsel for the Applicant.

5 - 2 - ON READING THE NOTICE OF APPLICATION and the Affidavits filed, and upon hearing submissions of Counsel for the Applicant, and on being presented with Affidavit evidence that the aforementioned road allowance has not been assumed by the Corporation of the City of Kingston~ 7~-~-~ 1. THIS COURT ORDERS that the portion of Baker Street between Lots 8 and 9 on Registered Plan 478, in the City of Kingston, in the County of Frontenac, more particularly described as Parts 1 and 4 on Reference Plan 13R-9429, be and the same is hereby closed. 9 AND THIS COURT ORDERS that there shall be no costs this application. ORDER SIGNED this I ~ day of September, 1999 ENTERED AT KINGSTON INSCRIT k KINGSTON ir, Rook au Regi;tre No.,4,. i).... / sy as Doc[,.~.,..'. Judge c~, C m,~,~,c ~.,~,... le. /7 I 1-9~ J par,.

6 THE CORPORATION OF THE CITY OF KINGSTON and "DEAN and ARSENAULT (Short title of proceeding) Court file no. /... DI.STR.I...C..T.... COURT OF ONTARIO (Supreme or Dlstricl) Proceeding commenced at Kingston ORDER DYE & DURHAM CO. LIMITED--Feb't1 ~1o, 99 NORMAN C. JACKSON City Solicitor 216 Ontario Street Kingston, Ontario K7L 23 Solicitor for the Applicant -s (613) Ext "~,

7 CONSENT DOCUMENT FQR ROAD CLOSING PURSUANT TO SUBSECTION 3 OF SECTION 82 OF THE REGISTRY ACT AND SECTION 145 OF THE LAND TITLES ACT CONSENT IS HEREBY GIVEN TO THE AMENDMENT OF REGISTERED PLAN 478 BY CLOSING PART OF BAKER STREET MORE PARTICULARLY DESCRIBED AS PARTS 1 AND 4 ON PLAN 13R-9429 DEPOSITED IN THE LAND REGISTRY OFFICE FOR THE LAND REGISTRY DIVISION OF FRONTENAC (NO. 13) ON APRIL 23, 199 ALL WITHIN THE CITY OF KINGSTON IN THE COUNTY OF FRONTENAC. DATED AT TORONTO THIS /~ DAY OF / ~, 1991 Director Plans Administration North and East Branch

8 BY-LAW NO A BY-LAW TO AUTHORIE AN APPLICATION TO THE DISTRICT COURT JUDGE TO CLOSE THE BAKER STREET ROAD ALLOWANCE, BEING PART 1 AND PART 4, REFERENCE PLAN 13R-9429 UNDER THE PROVISIONS OF THE REGISTRY ACT AND THE MUNICIPAL ACT NORM~ C. JACKSON City Solicitor