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BYLAW - Assumption of Subdivision - 20040224 - 450504D0 Customer & Legislative Services Department John D. Leach, Town Clerk Tel: 905-726-4771Fax: 905-726-4732 jleach@aurora.ca AFFIDAVIT Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 In the Matter of the Passage of By-law 4505-04.D I, John D. Leach, of the Town of Caledon, in the Regional Municipality of Peel, MAKE OATH AND SAY: 1. I am the Town Clerk for The Corporation of the Town of Aurora (the "Town") and, as such, have knowledge of the matters hereinafter deposed to, except where stated to be on information and belief and, where so stated, I verily believe the same to be true. 2. Notice of Aurora Town Council's intention to consider passing a by-law to assume aboveground and belowground municipal services; to assume certain lands; and to establish highways (Bayview Wellington Centre Phase Ill) was provided at the February 17, 2004 General Committee meeting and the actions of Council were confirmed by By-law 4512-04.C on February 24, 2004 attached hereto and marked as Exhibit "A". 3. The Town's By-law Number 4505-04.0 (the "By-law") was passed by Aurora Town Council on February 17,2004. Attached hereto and marked as Exhibit "B" is a true copy of the By-law. SWORN before me at the Town of Aurora, in the Regional Municipality of York, this (C( day of ;u ~UU4"'-, 2012. Commissioner for taking Affidavits, etc. Cindy Janzen, a Commissioner, etc., Regional Municipality of York, for The Corporation of the Town of Aurora. ) ) ) __ ~~~-------------­ ) ) Exhibit "A" THE CORPORATION OF THE TOWN OF AURORA By-law Number 4512-04.C BEING A BY-LAW to Confirm Actions by Council Resulting From The Meeting of February 24, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its meeting held on February 24, 2004 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 247H DAY OF FEBRUARY 2004. READ A THIRD TIME AND FINALLY PASSED THIS 24 7 H DAY OF FEBRUARY 2004. '!. Exhibit "B" THE CORPORATION OF THE TOWN OF AURORA By4aw Number 4505-04.0 .BEING A BY-LAW to assume . aboveground and belowground municipal services; to assume certain lands; ·and to establish highways (Bayview Wellington Centre Phase Ill) WHEREAS the Municipal Act, 2001, S.O. 2001, as amended, c. 25, section 5 requires that a power of the municipality shall be exercised by by-law; AND WHEREAS the Municipal Act, 2001, S.O. 2001 as amended, c.25, section 31 · authorizes the Council o{a local municipality to pass by-laws for establishing a highway and land may only become a highway by virtue of a by-law passed by Council; AND WHEREAS Council desires to assume aboveground and belowground municipal services, as$ume certain lands and to establish certain highways; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. The following lands be established as public.highway and assumed by the Corporation ofthe Town of Aurora: - McMaster Avenue as contained within Plan 65M-3324 Baywell Crescent as contained within Plan 65M-3324 Stiles Avenue as contained within Plan 65M-3324 2. The Corporation of the Town of Aurora hereby assumes the aboveground and belowground municipal services for the lands contained within Plan 65M-3324. 3. THAT the Mayor and Clerk are hereby authorized to execute all documentation required in connection with the assumption thereof. 4. THAT this By-law may be registered in the appropriate Land Registry office. ooi . title to the said streets and/or reserves set out in Sections 1 and 2 herein, if . applicable .. 5. THAT the provisions of this By-law· shall come into force and take effect. upon third reading thereof .. READ A FIRST, SECOND AND THIRD TIME THIS 10"' DAY OF Feb;..,ary, 2004. T: JONES, MAYOR B. PANIZZA, TOWN CLERK 000264 I \. ~o--··­r~c., ) . ------------------------------··-·······--·--·-·--·--··---·-·-· ··-.... ·······-·-····-----··-- TOWN OF AURORA EXTRACT FROM GENERAL COMMITTEE MEETING NO. 04-06 HELP ON TUESDAY, FEBRUARY 17,2004 & ADOPTED BY COUNCIL ON FEBRUARY 24, 2004 VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 10. PW04-002-Accepta11ce of Municipal Services-Bayview Wellington Subdivision -Phase Ill -Registered Plan 65M-3324 Moved by Mayor Jones Seconded by Councillor West _ THAT Council accept the municipal services contained within Registered Plan 65M-3324 being Phase Ill of the Bayview Wellington Subdivision as detailed in Report No. PW04-002; and · THAT Council enact By-law 4505-04.0 ·for the assumption of the subject municipal services;-and · THAT the Director of Public Works be authorized to issue a Certificate of Acceptance of Public Works for said lands as required under Section.3.12 of the Subdivision Agreement; and --- -·-THAT the Treasurer be directed to release all municipal servicing securities _held in relation to the Bayview Wellington Phase Ill Subdivision. -AMENDMENT: -Upon the question of the adoption of the resolution, it . was: Moved by Mayor Jones _. Seconded by Councillor West . THAT the motion be amended to include the following: THAT Council waive the charges for the maintenance of laneways. DEFEATED The inain motion was CARRIED. CORRESPONDENCE SENT BY:. -. ----------,,----- .'ACTION DEPT.: Public Works ~~~~~-~------~ INFO DEPT.: . Planning, Legal, Treasury '\ . l i j I _, ., ' ;,J TOWN OF AURORA I AGENDA ITEM# I 0 GENERAL COMMITTEE REPORT No. PW04~002 SUBJECT: Acceptance of Municipal Services-Bayview Wellington Subdivision- Phase Ill -Registered Plan 65M-3324 FROM: W. H. Jackson, Director of Public Works DATE: February 17, 2004 ( ) eferred i Amended ( ) RECOMMENDATIONS f D~e ~ l:r/0{. Meeting/Page ~~~':\ I. lf!~!,~m~,... > THAT Council accept the municipal services contained within Reij/Sle"fiR'J"F'tmrlJaM- 3324 being Phase Ill of the Bayview Wellington Subdivision as detailed in Report No. PW04-002; THATCouncil enact By-law 4505-04.0 for the assumption of the subject municipal services; THAT the Director of Public Works be authorized to issue a Certificate of Acceptance of Public Works for said lands as required under Section 3.12 of the Subdivision Agreement; and THAT the Treasurer be directed to release all municipal servicing securities held in relation to the Bayview Wellington Phase Ill Subdivision. BACKGROUND The Bayview Wellington Phase Ill Subdivision was serviced under a Subdivision Agreement executed by the Town of Aurora and Bayview Business Park Inc. on March 24, 1999. The maintenance period, as set out in the terms of the Subdivision Agreement, has expired for the Registered Plan noted. Public Works staff has reviewed all inspection reports for the subject part of the development and is satisfied that the municipal roads and services are in good condition and have been completed in accordance with the terms of the Subdivision Agreement. COMMENTS All public services have been completed and the respective maintenance periods have expired. All deficiencies have been rectified to the satisfaction of the Public Works Department. 000259 (' ; ) February 17, 2004 -2-Report No. PW04-002 This subdivision was designed as a "New Urbanism" subdivision. A number of different ideas were implemented in the design, including a Janeway serving garages in the rear yards of the units facing Hollandview Trail and the northerly leg of Baywell Crescent, as shown on the attached Key Map. The Town owns this Janeway, and through the Subdivision Agreement a process was established to provide all of the lots adjacent to the Janeway easements over it so that they had legal access to their lot The maintenance and capital replacement costs for the Janeway were to be paid by the benefiting homeowners. The Subdivision Agreement requires the developer to inform new homebuyers of the easements and the buyer's responsibility for the costs assocfated with the Janeway. Staff has been advised that the developer did comply with this requirement by way of a clause in the Purchase and Sale Agreements for the homes. Now that the subdivision is being assumed, staff is working to grant the required easements, and the benefiting owners will be charged for the costs of operating and maintaining the Janeway after assumption. CONCLUSIONS The services for the Bayview Wellington Subdivision as indicated on the Key Map, being Registered Plan 65M-3324, can be accepted. FINANCIAL IMPLICATIONS The Town will, upon issuance of the Certificate of Acceptance of Public Works, be responsible for all future operational and maintenance costs for the municipal services within the specified areas including the Janeway discussed earlier. Staff has estimated the annual costs in 2004 dollars for the maintenance and replacement value of the Janeway to be $10,200. A cost centre has been established within the Towns Operating Budget to track and recover the costs. The p~operties (80) adjacent to the Janeway will be charged annually for the operating, maintenance and replacement costs of the Janeway from the time that the subdivision is assumed. Based on the estimated costs as indicated, the annual charge for the 2004 calendar year will be $130.00 per property. This charge will be invoiced annually each year by the Treasury Department upon approval of the annual Operating Budget. OPTIONS None 000260 February 17, 2004 -3 -Report No. PW04-002 LINK TO STRATEGIC PLAN One of the objectives under Goal E -Promoting Accessible Municipal Government is to ·maintain Aurora's high standards and integrity. Staff has ensured that the quality of the construction of the municipal services to be considered for assumption is of the highest possible standards. ATTACHMENTS • Key Map showing location of services to be accepted. • Certificate of Acceptance. • By-law 4505-04.0 PRE-SUBMISSION REVIEW Management Team Meeting-February 4, 2004 Prepared by: Jerry Kryst, Technical Assistant, Extension 4376 W.H.J~ Director of Public Works 000261 ,. ST. JOHN'S S.R. EAST Carriage · rr~k Civic Gt. WELLINGTON STREET EAST LEGEND ~LIMITS OF SUBDIVISION STREETS TO BE ACCEPTED "'"""''~'""'"'"'"""" LANEWA YS TO BE ACCEPTED . . ~~ li¥il~ ~!Kl@WOINI@ lb@©~l!O@INI @[F ~~!RlWO©~~ li'@ liD~ ~©©~fF1ii'~IW 62 TOWN OF AURORA CERTIFICATE OF ACCEPTANCE OF PUBLIC WORKS SUBDIVISION OWNER: Bayview Business Park Inc. DATE OF ACCEPTANCE: January 27, 2004 DESCRIPTION OF PUBLIC WORKS ACCEPTED: All services referred to in Section 3.01 of the Subdivision Agreement between Bayview Business Park Inc. and the Town of Aurora for Registered Plans 65M-3324. DESCRIPTION OF STREETS IN WHICH PUBLIC WORKS ACCEPTED ARE LOCATED AS PER REGISTERED PLANS SSM-3324: McMaster Avenue, Baywell Crescent, Stiles Avenue Laneway between, and connecting to; Hollandview Terrace and Baywell Crescent The undersigned hereby certifies that the Public Works, described above, have been installed in accordance with the requirements of the Town of Aurora's specifications and the above noted agreement and that all municipal departments have been informed of this matter. I further certify that the maintenance period, as stipulated in the agreement, has expired, and that all deficiencies have been rectified to the Town's satisfaction, and that requirements for final acceptance as set out in Sections 3.11 and 3.12 have been complied with. · The Public Works as described above are herewith accepted by the Town of Aurora. W.H. Jackson, Director of Public Works 000263