BYLAW - Close Portion Establish Lands as Highways Old Bloomington Rd - 20150331 - 570215THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5702-15
BEING A BY-LAW to
permanently close a portion
of a highway and to
establish lands as
highways (Old Bloomington
Road).
WHEREAS the Town entered into a Vacant Land Condominium Agreement with Stirling
Cook Aurora Inc. dated December 9, 2008 with respect to a residential condominium
development subsequently registered as YRVLCP No. 1159 (hereinafter the
"Development Agreement"), which included the conversion of an existing residential
dwelling fronting onto Old Bloomington Road to a Condominium Unit (hereinafter the
"Condo Unif') and the reconfiguration of road access to the Condo Unit to accommodate
the proposed reconstruction and widening of Bloomington Road east of Yonge Street;
AND WHEREAS the Town, in accordance with the terms and conditions of the
Development Agreement, acquired certain lands for turning circle purposes adjoining the
newly created access from Old Bloomington Road to Bloomington Road (hereinafter the
'Turning Circle"), and agreed to close the remaining northern portion of Old Bloomington
Road west of the Turning Circle after the reconstruction of Bloomington Road was
completed in exchange for an exclusive easement over a portion thereto being granted
to the adjoining Condo Unit for access and maintenance purposes;
AND WHEREAS upon the completion of the reconstruction of Bloomington Road east of
Yonge Street, The Regional Municipality of York enacted By-law 2014-35 to become the
owner having jurisdiction over a portion of Old Bloomington Road (north and south
sides) lying west of the Turning Circle;
AND WHEREAS the Town deems it necessary and expedient to establish the Turning
Circle as forming part of Old Bloomington Road and to permanently close the remaining
northerly portion of Old Bloomington Road under the Town's jurisdiction lying west of the
Turning Circle;
AND WHEREAS subsection 31(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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;
WHEREAS subsection 34(1) of the Municipal Act, 2001, S.O.2001, c. 25, as amended,
requires a municipality to enact a by-law in order to permanently close a highway;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. That the lands described as Part of Lot 20, Plan 166, designated as Part 40, Plan
65R-31627, Town of Aurora, Regional Municipality of York be and are hereby
established as a highway by the Town forming part of Old Bloomington Road.
2. That a portion of Old Bloomington Road described as Part of Road Allowance
between Lots 70 and 71, Con. 1, designated as Parts 34 and 35, Plan 65R-
31627, Town of Aurora, Regional Municipality of York, be and are hereby
permanently closed.
By-law Number 5702-15 Page 2
3. THAT the provisions of this By-law shall come into full force and effect upon final
passage hereof and upon registration of this By-law in the appropriate Land
Registry office on title to the lands and highways set out herein.
READ A FIRST AND SECOND TIME THIS 31 s` DAY OF MARCH, 2015.
READ A THIRD TIME AND FINALL Y PASSED THIS 31 s` DA Y OF MARCH, 2015.
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Signatur, lN�
Date: _J_Vanh 27, Z IS
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STEPHEN M.A. HUYCKE, TOWN CLERK