ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWN OF FLAMBOROUGH (FLAMBOROUGH DOWNS RACEWAY)

1. This Order applies to the land in the Town of Flamborough in The Regional Municipality of Hamilton-Wentworth, that is described in the Schedule, being all of the lands of the Flamborough Downs Raceway. O. Reg. 680/98, s. 1. 2. (1) The following uses of the land and erections or uses of buildings or structures on the land are permitted: 1. The location, installation, operation and use of slot machines. 2. The erection, location and use of buildings and structures to provide for the use described in paragraph 1. 3. The enlargement, alteration and extension of existing buildings or structures in order to provide for the use described in paragraph 1. 4. Such other uses, buildings and structures as may be permitted by a municipal by-law passed under section 34 of the Act. O. Reg. 680/98, s. 2 (1). (2) Every other use of the land and every other erection or use of buildings or structures on the land is prohibited. O. Reg. 680/98, s. 2 (2). (3) In this section, “slot machine” means any automatic machine or slot machine, (a) that is used or intended to be used for any purpose other than vending merchandise or services, or (b) that is used or intended to be used for the purpose of vending merchandise or services if, (i) the result of one of any number of operations of the machine is a matter of chance or uncertainly to the operator, (ii) as a result of a given number of successive operations by the operator the machine produces different results, or (iii) on any operation of the machine it discharges or emits a slug or token, but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine. O. Reg. 680/98, s. 2 (3). SCHEDULE The land referred to in section 1 of the Order is composed of part of Lots 3 and 4 in Concession III, formerly in the Township of West Flamborough, more particularly described as follows: Firstly, premising that bearings are astronomic and are derived from the King’s Highway No. 5, as shown on Deposited Plan No. 440 Miscellaneous and relating all bearings herein thereto: Commencing at an iron bar marking the intersection of the line between Lots 2 and 3 as defined by an old post and wire fence, with the northerly limit of the King’s Highway No. 5 as widened and as shown on Department of Highway Plan No. 440 Miscellaneous, the iron bar being distant twenty-three feet (23.00') measured north twelve degrees and fifty-three minutes west (N.I2°53'W.) from the southwest corner of Lot 3; Thence north twelve degrees and fifty-two minutes west (N.12°52'W.) along the line between Lots 2 and 3 as fenced, being the easterly limit of the lands described in Instrument No. 168822 H.L., one thousand, one hundred and sixty-two and twenty-six one-hundredths feet (1.162.26') to an iron bar; Thence north twelve degrees and thirty-five minutes and forty-five seconds west (N.12°35'45"W.) continuing along the last mentioned line between Lots and easterly limit, three thousand, seven hundred and thirty-five and sixty-eight one-hundredths feet (3,735.68') to an iron bar marking the southwesterly corner of the lands described in Instrument No. 282811 H.L.; Thence north seventy-seven degrees and sixteen minutes and fifty seconds east (N.77°16'50"E.) along an old post and wire fence defining the southerly limits of the land described in Instrument Numbers 282811 H.L., 78090 A.B. and 181019A.B., respectively, one thousand, three hundred and three and seventy-three one-hundredths feet (1,303.73') to an iron bar defining the southeast corner of the lands described in Instrument No. 181019 A.B.; Thence north twelve degrees and forty minutes and forty seconds west (N.I2°40'40"W.) along an old post and wire fence defining the easterly limit of the lands described in Instrument No. 181019 A.B. and being along the line between Lots 3 and 4 as fenced one thousand, six hundred and forty-four and twenty-six one-hundredths feet (1,644.26') to an iron bar marking the northwest corner of Lot 4 and being in the southerly limit of the road allowance between Concessions III and IV; Thence north seventy-seven degrees and four minutes and fifty seconds east (N.77°04'50"E.) along the northerly limit of Lot 4, being the southerly limit of the road allowance, six hundred and seventy and forty-seven one-hundredths feet (670.47') to an iron bar marking the northwest corner of the lands described in Instrument No. 139700 A.B.; Thence south twelve degrees and thirty-eight minutes and ten seconds east (S.12°38'10"E.) along an old post and wire fence defining the westerly limit of the lands described in Instrument No. 139700 A.B., two hundred and thirty-four feet (234.00') to an iron bar marking the southwest corner thereof; Thence south twelve degrees and thirty-two minutes and thirty seconds east (S.12°32'3"E.) along an old post and wire fence defining the westerly limit of the lands described in Instrument No. 247974 H.L., three thousand and forty-four and twenty-two one-hundredths feet (3,044.22') to an iron bar in the line between the north and south halves of Lot 4 as defined by an old post and wire fence and being in the northerly limit of the lands described in Instrument No. 15259; Thence south seventy-seven degrees and twenty-five minutes and ten seconds west (S.77°25'1"W.) along the last mentioned line between halves and northerly limit, six hundred and seventy-two and one one-hundredths feet (672.01') to an iron bar marking the northwest corner of the lands described in Instrument No. 15259 and being in the line between Lots 3 and 4 as defined by an old stump and wire fence; Thence south twelve degrees and fifty minutes east (S.12°50'E.) along the line between Lots 3 and 4 as fenced and being the Westerly limit of the lands described in Instrument No. 15259, one thousand, three hundred and thirty-one and forty-four one-hundredths feet (1,331.44') to an iron bar in the northerly limit of the lands described in Instrument No. 230292 H.L.; Thence south seventy-six degrees and fifty-seven minutes west (S.76°57'W.) along the northerly limit of the lands described in Instrument No. 230292 H.L. and its production westerly, eight hundred and sixty-six one-hundredths feet (800.66') to an iron bar; Thence south twelve degrees and forty-one minutes and forty seconds east (S.12°41'40"E.), one thousand, nine hundred and twenty-nine and three-tenths feet (1,929.30') to an iron bar in the northerly limit of the King’s Highway No. 5 as widened and as shown on Plan 440 Miscellaneous; Thence south seventy-six degrees and fifty-nine minutes west (S.76°59'W.) along the Highway widened limit, five hundred feet (500.00') to the point of commencement. Secondly, part of Lot 3, Concession III of the former Township more particularly described as follows: Premising that the bearings used herein are astronomic and are referred to the northern limit of the King’s Highway Number Five (5) shown on deposited Plan Number 440 Miscellaneous, on a course of north seventy-six degrees and fifty-nine minutes east (N.76°59'E.). Commencing at a point of commencement arrived at as follows: Commencing at the point of intersection of the line between Lots 2 and 3 with the northern limit of the King's Highway Number 5 as widened by deposited Plan Number 440 Miscellaneous; Thence north seventy-six degrees and fifty-nine minutes east (76°59'E.) along the northern limit of Highway Number 5, five hundred feet (500') to a standard iron bar (which is the point of commencement); Thence north twelve degrees, forty-one minutes, forty seconds west (N.12°41'40"W.), one thousand nine hundred twenty-nine and thirty one-hundredths feet (1,929.30') to a set iron bar; Thence north seventy-six degrees, fifty-seven minutes east (N.76°57'E.) three hundred and twenty-seven and sixty-six one-hundredths feet (327.66') to a set standard iron bar; Thence south twelve degrees, forty-seven minutes, thirty seconds east (S.12°47'30"E.), one thousand, seven hundred eighty and seventeen one-hundredths feet (1,780.17') to a set iron bar; Thence south seventy-six degrees, fifty-nine minutes west (S.76°59'W.), twelve feet (12') to a set iron bar; Thence south twelve degrees, forty-seven minutes, thirty seconds east (S.12°47'30"E.) one hundred and fifty feet (150') to a set iron bar located in a northerly limit of Highway Number 5; Thence south seventy-six degrees and fifty-nine minutes west (S.76°59'W.) along the northerly limit of Highway Number 5 three hundred and twenty-nine and sixty one-hundredths feet (329.60') to the point of commencement. Thirdly, part of Lot 3 in the Third Concession, more particularly described as follows: Commencing at an iron bar planted in the northern limit of Lot No. 3 which is distant seven hundred and ninety-six feet (796') measured on a course of north 77 degrees and no minutes east along the northern limit from an iron bar planted at the north western corner of Lot No. 3. Thence north 77 degrees no minutes east along the northern limit of Lot No. 3, five hundred and nine feet two inches (509'2") to an iron bar; Thence south 12 degrees 49 minutes and 30 seconds east, parallel with the western limit of Lot No. 3, one thousand six hundred and forty-four feet nine inches (1,644'9") more or less to an iron bar planted in the line of a presently existing fence marking the division line between the north and south halves of the north half of Lot No. 3; Thence south 77 degrees 8 minutes west along the line of the fence, five hundred and eight feet five inches (508'5") more or less to an iron bar planted in a line drawn on a course of south 12 degrees 51 minutes east parallel with the western limit of Lot No. 3 from the point of commencement on the lands hereby conveyed; Thence north 12 degrees 51 minutes west along the line drawn parallel with the western limits of Lot No. 3 one thousand six hundred and forty-three feet six inches (1,643'6") more or less to the place of beginning. The above description of lands contains by admeasurement 19.2 acres be the same more or less. Previously described in Instrument No. 181019 A.B. Fourthly, all that portion of the North 1/2 of the North 1/2 of Lot 3, Concession III in the Township of West Flamboro in the County of Wentworth in the Province of Ontario; and being a strip of land 50 feet in width, lying 25 feet in perpendicular width on each side of a centre line and centre line produced, which centre line may be described as follows: Commencing at a point in the easterly limit of Lot 3 distant 693.7 feet measured southerly therein from the northeast angle of Lot 3; thence south 78 degrees 36 minutes west 1,303.3 feet more or less to a point in the westerly limit of Lot 3 which point is distant 659.3 feet measured southerly in said westerly limit from the northwest angle of Lot 3. Fifthly, part of Lot four (4) in the Third Concession of the Township of West Flamboro, now in the Township of Flamborough and being shown as Part One (1) on Reference Plan No. 62R-2480 deposited in the Land Registry Office for the Registry Division of Wentworth (No. 62). O. Reg. 680/98, Sched.