BYLAW - Assumption Municipal Services Highways Aurora Gardens Subdivision - 20100713 - 526010THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5260-10
BEING A BY -.LAW to assume
above ground and below ground
municipal services, to establish
certain lands as highways, and to
assume highways (Aurora
Gardens Subdivision).
WHEREAS subsection 31(2) of the Municipal Act, 2001, S.O.2001, c. 25, as amended
(the "Act'), provides that land may only become a highway by virtue of a by-law
establishing the highway;
AND WHEREAS notwithstanding subsection 31(2) of the Act, paragraph 5 of section 26
of the Act provides that all road allowances, highways, streets and lanes shown on a
registered plan of subdivision are highways unless they have been closed;
AND WHEREAS paragraph 2 of subsection 31(4) of the Act provides that a municipality
may by by-law assume a road allowance, highway, street and lane that is shown on a
registered plan of subdivision for public use, and that section 44 of the Act respecting
municipal maintenance and repair of highways and bridges does not apply to the
highway until the municipality has passed the by-law;
AND WHEREAS the Town entered into a Residential Subdivision Agreement with
Aurora Gardens Development Corp. Ltd. and J.A. Developments Inc., dated January
14, 1998 (the "Subdivision Agreement'), which provides that the Town will assume
ownership, operation and maintenance of the Works as defined in the Subdivision
Agreement, including above ground and below ground services contained in the
Subdivision Agreement, upon the issuance of a Certificate of Acceptance;
AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town")
deems it necessary and expedient to: (a) establish certain lands as highways within
Plans 65M-3219, 65M-3221 and 65M-3222; (b) assume above ground and below
ground services within Plan 65M-3222 in accordance with the Subdivision Agreement;
and (c) to assume certain highways within Plan 65M-3222 in accordance with the
Subdivision Agreement;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the following lands be and are hereby established as highways:
(a) Blocks 58 and 59 on Plan 65M-3219;
(b) Blocks 45; 46 and 47'on `Plan.65M;;3222;<and
(c) Block 37 on Plan 65M-3221.
2. THAT the following highways be and are hereby assumed by the Town for public
use:
(a) Willis Drive on Plan 65M=3222:
By-law 6260-10
Page 2 of 2
3. THAT the Town hereby assume ownership, operation and maintenance of the
Works, including above ground and below ground services as contained in the
Subdivision Agreement for the lands contained within Plan 65M-3222 in
accordance with the Subdivision Agreement.
4. THAT the Mayor and Town Clerk be and are authorized to execute all
documentation in connection with the assumptions herein upon this By-law
coming into force.
5. THAT the Town issue a Certificate of Acceptance to assume ownership of the
Works upon this By-law coming into force.
6. THAT this By-law be registered in the appropriate Land Registry Office, if
applicable, on title to the said streets and/or lands set out in sections 1 and 2 of
this By-law.
7. THAT the provisions of this By-law shall come into force and effect upon third
reading hereof.
READ A FIRST AND SECOND TIME THIS 13TH DAY OF JULY, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF JULY, 2010.
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PHYLLIS M. MORRIS, MAYOR
JOHN M-EACH. TOWN CLERK