BYLAW - Assumption Ballymore Phase 1 - 20140506 - 560614THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5606-14
BEING A BY-LAW to assume
highways for public use and
to establish lands as
highways (Ballymore
Building (Bathurst) Corp. and
Ballymore Development
(Bathurst) Corp. - Phase 1).
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 section 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 Ballymore
Building (Bathurst) Corp. and Ballymore Development (Bathurst) Corp. entered into a
subdivision agreement dated April 8, 2008 with respect to the lands contained within
Plans 65M-4067 ("Phase 1") and 65M-4087 ("Phase 2");
AND WHEREAS the Town assumed on April 9, 2013 certain highways in Phase 2 for
public use and maintenance;
AND WHEREAS the Town deems it necessary and expedient to assume certain
highways within Phase 1 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 lands in the Town of Aurora, Regional Municipality of York,
be and are hereby established as a highway by the Town:
a) Block 38, Plan 65M-4067, forming part of Soleil Boulevard.
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) Soleil Boulevard, Plan 65M-4067; and
b) Beau Court, Plan 65M-4067.
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.
By-law Number 5606-14 Page 2 of 2
4. THAT this By-law shall come into full force and effect upon final passage
hereof.
READ A FIRST AND SECOND TIME THIS 6eh DAY OF MAY, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 6:h DAY OF MAY, 2014.
Approved as to Form
Bur ega[ rvices
S"t= GIAA.f .
Date: Ma`-' Ik 7414
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