BYLAW - Assumption Mattamy Aurora Limited - 20120522 - 543012THE CORPORATION OF THE TOWN OFAURORA
By=law Number 5430-12
BEING A BY-LAW to assume
highways for public use and to
establish lands as highways
(Mattamy (Aurora) Limited)
WHEREAS subsection 31(4) of the Municipal Act, 2001, S.O.2001, c. 25, as amended,
(the "Act"), requires a municipality to enact 'a by-law in order to assume highways for
public use, and that subsection 44 of the Act respecting maintenance of highways does
not apply to the highways until such time as the municipality has passed such a by-law;
AND WHEREAS The Corporation of the Town of Aurora (the "Town") and Mattamy
(Aurora) Limited entered into a subdivision agreement dated November 27, 2007 with
respect to the lands contained within Plans 65M-4037 and 65M-4047 (the "Plans");
AND WHEREAS the Town deems it necessary and expedient to assume certain
highways within the Plans for public use and be responsible to maintain those highways;
AND WHEREAS subsection 31(2) of the Act requires a municipality to enact a by-law in
order to establish land as a highway unless: a) it is a highway transferred to a
municipality under the Public Transportation and Highway Improvement Act; b) it is a
road allowance made by a Crown surveyor located in a municipality; or c) it is a road
allowance, highway, street, or lane shown on a registered plan of subdivision;
AND WHEREAS the Town is the owner of lands acquired for reserve purposes
adjoining certain highway(s) that are assumed (or to be assumed) and maintained for
public use by the Town (the 'Reserves");
AND WHEREAS the Town deems it necessary and expedient to establish such
Reserves as forming part of those highway(s);
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the following Reserves in the Town of Aurora, Regional Municipality of
York, be and are hereby established as a highway by the Town:
a) Blocks 36 and 37, Plan 65M-4037, forming part of Lewis Honey Drive.
2. THAT the following highways in the Town of Aurora, Regional Municipality of
York, be and are hereby assumed for public use and maintained by the Town:
a) Lewis Honey Drive, Kidd Circle, and Mavrinac Boulevard, Plan 65M-4037.
3. THAT a copy of this By-law be registered in the appropriate Land Registry office
on title to lands and highways set out herein.
4. THAT the provisions of this By-law shall come into full force and effect upon final
passage hereof.
READ A FIRST AND SECOND TIME THIS 22ND DAY OF MAY, 2012.
READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY QF MAY, 2012.
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