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Report
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Report To: General Government Committee
Date of Meeting: March 27, 2017
Report Number: EGD-010-17
File Number: C.02.30.002
Resolution: GG-154-17
By-law Number: 2017-032
Report Subject: Foster Creek North Subdivision Phase 1A, Newcastle, Plan 40M-2445
‘Certificate of Acceptance’ and ‘Assumption By-law’,
Final Works Including Roads and Other Related Works
Recommendations:
1.That Report EGD-010-17 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 Plan 40M-2445;
3.That Council approve the by-law attached to Report EGD-010-17 (Attachment 2 to Report
EGD-010-17) assuming certain streets within Plan 40M-2445 as public highway; and
4.That all interested parties listed in Report EGD-010-17 be advised of Council’s decision.
Municipality of Clarington
Report EGD-010-17 Page 2
Report Overview
This report concerns Foster Creek North Subdivision Phase 1A. 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 Plan 40M-2445 as public highways.
1. Background
1.1 The Subdivision Agreement
The Corporation of the Municipality of Clarington entered into a Subdivision Agreement,
registered September 21, 2010, with Lindvest Properties (Clarington) Limited to develop
lands by plan of subdivision, located in Newcastle and described as Plan 40M-2445
(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 works were issued a ‘Certificate of Completion’ and subsequent ‘Certificate
of Acceptance’ by the Director of Engineering Services.
b) Street Lighting System
These works were issued a ‘Certificate of Completion’ dated August 1, 2017.
c) Stormwater Management System
These works were issued a ‘Certificate of Completion’ dated February 16, 2016.
d) Final Works
These 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, 2015. This initiated a one (1) year maintenance
period, which expired on December 1, 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.
2. Proposal
Municipality of Clarington
Report EGD-010-17 Page 3
2.1 It is now appropriate to issue a ‘Certificate of Acceptance’ for the Final Works. The
Subdivision Agreement requires Council approval prior to the issuance of the ‘Certificate
of Acceptance’ for the 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 Plan 40M-2445 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 Final Works, which includes final stage roads
and other related Works constructed within Plan 40M-2445, and that Council approve the
by-law attached to Report EGD-010-17, assuming certain streets within Plan 40M-2445
as public highways.
5. 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
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:
Donna Bravo, Lindvest Properties (Clarington) Limited
GRADY DRIVE
ERSKINE DRIVE
THOMAS
FLOOD AVENUEERSKINE DRIVEGOMME AVENUE
AVENUE POWELL CRESCENTDONALDGOHEEN STREETBARCHARD STREETGUSUL
MASSEY DRIVEGIVEN ROADRUDELL ROADKING AVENUE WESTRUDELL ROADWOODLOCK STREETPEDWELL STREETREPORT EGD-010-17
40M-2445.mxd
DRAWN BY:
.
Foster Creek North
Subdivision
Phase 1A
Plan 40M-2445
NEWCASTLE
KEY MAP
King Ave. W.Rudell Rd.Reg. Rd.17DATE:
FILE NAME:
March 14, 2017
E.L.
ATTACHMENT No. 1
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2445.mxdArthur St.Grady Dr.
King Ave. E.Mill St.
Attachment 2 to
Municipality of Clarington EGD-010-17
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, and to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of Clarington.
The Council of The Corporation of the Municipality of Clarington hereby enacts as
follows:
1. That the blocks shown on Plan 40M-2445, and listed below in this section, being in the
Municipality of Clarington, in the Regional Municipality of Durham, are hereby established,
laid out, and dedicated by The Corporation of the Municipality of Clarington as public
highway:
Block 163 (0.3 metre reserve)
Block 165 (0.3 metre reserve)
Block 167 (0.3 metre reserve)
Block 168 (0.3 metre reserve)
Block 169 (0.3 metre reserve)
Block 170 (0.3 metre reserve)
2. That the streets and blocks shown on Plan 40M-2455, 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:
Grady Drive
Erskine Drive
Thomas Woodlock Street
Flood Avenue
Pedwell Street
Block 161 (street widening)
Block 163 (0.3 metre reserve)
Block 165 (0.3 metre reserve)
Block 167 (0.3 metre reserve)
Block 168 (0.3 metre reserve)
Block 169 (0.3 metre reserve)
Block 170 (0.3 metre reserve)
BY-LAW passed in open session this __ ___ th day of ________________ 2017.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk