BYLAW - Highways Assumption Aurora Gardens Subdiv - 20100209 - 521310THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5213.10
BEING A BYLAW to assume
above ground and below ground
municipal services; to establish
certain lands; and to assume
highways (Aurora Gardens
Subdivision),
WHEREAS subsection 31(2) of the MunidpalAct, 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 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 subsection 44(1) of the Act provides that the municipality that has
jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable
in the circumstances, including the character and location of the highway or bridge;
AND WHEREAS paragraph 2 of subsection 31(4) of the Actprovides 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 does not
apply to the highway until the municipality has passed the by-law;
AND WHEREAS the Town entered into Residential Subdivision Agreements with
Aurora Gardens Development Corp. Limited, dated August 7,1997 (the "Subdivision
Agreements°), which provide that the Town will assume ownership, operation and
maintenance of the Works as defined in the Subdivision Agreements, including above
ground and belowground services contained in the Subdivision Agreements, 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 assume above ground and below ground
municipal services, to establish certain lands and to assume certain highways: .
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS;
1. THAT the following public highways be and are hereby assumed bythe Town for
public use;
(a) Gleave Court on Plan 65M-3221;
(b) Willis Drive on Plan 65M-3219 and 65M-3221
(c) Wardle Gate on Plan 65M-3219; and
(d) Watts Meadow on Plan 65M-3220,
2, THAT the Town hereby assume ownership, operation and maintenance of the
Works, including above ground and below ground services as contained in the
Subdivision Agreements for the lands contained within Plan 65M-3181, 65M-
3219, 65M-3220 and 65M-3221 in accordance with the Subdivision Agreements;
3, 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;
4. THAT the Town issue a Certificate of Acceptance to assume ownership of
the Works upon this By-law coming into force;
5. 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 section 1 of (his By-
law; and
6. THAT the provisions of this By-law shall come into force and effect upon third
reading hereof.,
READ A FIRST AND SECOND TIME THIS 9TH DAY OF FEBRUARY, 2010,
READ A THIRD TIME AND FINALLY PASSED THIS 9TH DAY OF FEBRUARY,
2010,
M, MORRIS, MAYOR
n
JOHN r11H, TOWN CLERK
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