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Report
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Report To: General Government Committee
Date of Meeting: March 6, 2017
Report Number: EGD-007-17
File Number: B.02.30.003
Resolution:
By-law Number:
Report Subject: Gay Family Partnership Subdivision Phases 1 and 2, Courtice, Plans
40M-1939 and 40M-2489
‘Certificate of Acceptance’ and ‘Assumption By-law’,
Final Works Including Roads and Other Related Works
Recommendations:
1.That Report EGD-007-17 be received;
2.That the Director of Engineering Services be authorized to issue a ‘Certificate of
Acceptance’ for the Final Works, which includes final stage roads and other related
Works, constructed within Plans 40M-1939 and 40M-2489;
3.That Council approve the by-law attached to Report EGD-007-17 assuming certain
streets within Plans 40M-1939, 40M-2489, and adjacent Plans 40M-1839 and 40R-16748
as public highways; and
4.That all interested parties listed in Report EGD-007-17 be advised of Council’s decision.
Municipality of Clarington
Report EGD-007-17 Page 2
Report Overview
This report concerns Gay Family Partnership Subdivision Phase 1 and 2. It requests
Council’s permission to issue the required Certificate of Acceptance for the Final Works, as
well as approve a by-law to assume certain streets within Plans 40M-1939, 40M-2489, 40M-
1839 and 40R-16748 as public highways.
1. Background
1.1 The Subdivision Agreement
The Corporation of the Municipality of Clarington entered into a Subdivision Agreement,
registered September 1, 1998, with The Gay Family Partnership to develop lands by plan
of subdivision, located in Courtice and described as Plans 40M-1939 and 40M-2489
(Attachment 1). The agreement required the developer to construct all roadworks,
including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage
system and streetlights, hereinafter referred to as the ‘Works’.
1.2 The Subdivision Agreement provides for:
a) Initial Works
These were issued a ‘Certificate of Completion’ and subsequent ‘Certificate of
Acceptance’ by the Director of Engineering Services.
b) Street Lighting System
These were issued a ‘Certificate of Completion’ and subsequent ‘Certificate of
Acceptance’ by the Director of Engineering Services.
c) Final Works
The Phase 1 Final Works, which include all surface works such as curb and gutter,
sidewalk, hot mix paving, boulevard works and street trees, were issued a
‘Certificate of Completion’ dated December 1, 2000. This initiated a one (1) year
maintenance period, which expired on December 1, 2001. The Works were re-
inspected at that time, and, although the developer experienced lengthy delays in
resolving all outstanding agreement issues, all deficiencies have now been rectified
to the satisfaction of the Director of Engineering Services.
The Phase 2 Final Works, which include all surface works such curb and gutter,
sidewalk, hot mix paving, boulevard works and street trees, were issued a
‘Certificate of Completion’ dated November 23, 2015. This initiated a one (1) year
maintenance period, which expired on November 23, 2016. The Works were re-
inspected at that time, and all deficiencies have now been rectified to the
satisfaction of the Director of Engineering Services.
Municipality of Clarington
Report EGD-007-17 Page 3
2. Proposal
2.1 It is now appropriate to issue a ‘Certificate of Acceptance’ for the Phase 1 and Phase 2
Final Works. The Subdivision Agreement requires Council approval prior to the issuance
of the ‘Certificate of Acceptance’ fort the Phase 1 and 2 Final Works.
2.2 Further to the issuance of a ‘Certificate of Acceptance’, a by-law is required to permit the
Municipality to assume certain streets within Plans 40M-1939, 40M-2489, and adjacent
Plans 40M-1839 and 40R-16748 as public highways (Attachment 2).
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that the Director of Engineering Services be authorized to
issue a ‘Certificate of Acceptance’ for the Phase 1 and Phase 2 Final Works, which
includes final stage roads and other related Works constructed within Plans 40M-1939
and 40M-2489, and that Council approve the by-law attached to Report EGD-007-17
assuming certain streets within Plans 40M-1939, 40M-2489, and adjacent Plans 40M-
1839 and 40R-16748 as public highways.
3. Strategic Plan Application
Not Applicable
Submitted by: Reviewed by:
Anthony S. Cannella, C.E.T. Curry Clifford, MPA, CMO
Director of Engineering Services Interim CAO
Staff Contact: Tony Ricciardi, Manager of Construction, Engineering Services, 905-623-3379
ext. 2322 or tricciardi@clarington.net
AC/TR/mb/jb
Municipality of Clarington
Report EGD-007-17 Page 4
Attachments:
Attachment 1 – Key Map
Attachment 2 – Proposed By-law
The following is a list of the interested parties to be notified of Council’s decision:
Lawson Gay, The Gay Family Partnership
CRESCENTDURHAM HIGHWAY 2
AVONDALE DRIVEFIELDCREST AVENUE
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STAGEMASTER CRESCENTSANDRINGHAM DR
SANDRINGHAM DRIVESHORTTRULLS ROADGRANARY LANEBROWNSTONE
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SANDRINGHAM DR RICHARDAVONDALE DRIVE
SANDRINGHAM DRIVE
AVENUE
CALECHEGAY AVENUEGay Family Partnership
Subdivision, Phase 1
Plan 40M-1939
COURTICE
J:\Attachments\Attachments Post ESRI Upgrade\40M-1939 2489.mxd
Hwy. No. 2
Trulls Rd.Hancock Rd.KEY MAPCourtice Rd.DATE: October 22, 2015
.
REPORT EGD-007-17
40M-1939 2489.mxd
DRAWN BY:
.
DATE:
FILE NAME:
February 16, 2017
E.L.
ATTACHMENT No. 1
Gay Family Partnership
Subdivision, Phase 2
Plan 40M-2489
Part 2 on
Plan 40R-16748
Part 3 on
Plan 40R-16748
Block 47 on
Plan 40M-1839
Part 8 on
Plan 40R-16748
Attachment 2 to
Municipality of Clarington EGD-007-17
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2017- ____
Being a By-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, to assume certain streets within
the Municipality of Clarington as public highways in the Municipality of
Clarington, and to name them.
The Council of The Corporation of the Municipality of Clarington hereby enacts as
follows:
1. That the block shown on Plan 40M-1939, and listed below in this section, being in the
Municipality of Clarington, in the Regional Municipality of Durham, is hereby established,
laid out, and dedicated by the Corporation of the Municipality of Clarington as public
highway:
Block 18 (0.3 metre reserve)
2. That the block shown on Plan 40M-1839, and listed below in this section, being in the
Municipality of Clarington, in the Regional Municipality of Durham, is hereby established,
laid out, and dedicated by The Corporation of the Municipality of Clarington as public
highway:
Block 47 (0.3 metre reserve)
3. That the streets and block shown on Plan 40M-1939, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby
accepted by The Corporation of the Municipality of Clarington as public highways, and
assumed by the said Corporation for public use:
Caleché Avenue
Maplefield Drive (now Richard Gay Avenue)
Block 18 (0.3 metre reserve)
4. That the block shown on Plan 40M-1839, and listed below in this section, being in the
Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by
The Corporation of the Municipality of Clarington as public highway, and assumed by the
said Corporation for public use:
Block 47 (0.3 metre reserve).
Attachment 2 to
Municipality of Clarington EGD-007-17
5. That the streets shown on Plan 40M-2489, and listed below in this section, being in the
Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted
by The Corporation of the Municipality of Clarington as pubic highways, and assumed by
the said Corporation for public use:
Avondale Drive
Richard Gay Avenue
6. That the following lands are hereby established as public highway, assumed by the
Corporation for public use and assigned the names set out below:
Land Established as Public Highway Name
Part of lot 30, Concession 2, Avondale Drive
Designated as Parts 2 and 3 on Plan
40R-16748
Part of lot 30, Concession 2, Caleché Avenue
Designated as Part 8 on Plan
40R-16748
BY-LAW passed in open session this __ ___ th day of ________________ 2017.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk