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Report
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Report To: General Government Committee
Date of Meeting: March 5, 2018
Report Number: EGD -006-18 Resolution: GG -146-18
File Number: D.01.34.004 By-law Number: 2018-022
Report Subject: Westvale Subdivision Phase 3, Courtice, Plan 40M-2361
Certificate of Acceptance' and 'Assumption By -Law', Final Works
Including Roads and Other Related Works
Recommendations:
1. That Report EGD -006-18 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 with Plan 40M-2361;
3. That Council approve the by-law attached to Report EGD -006-18 assuming certain
streets within Plan 40M-2361 as public highways, and dedicating Gord Vinson
Avenue and Dewell Crescent within our road network as public highways; and
4. That all interested parties listed in Report EGD -006-18 be advised of Council's
decision.
Municipality of Clarington
Report EGD -006-18
Report Overview
Page 2
This report concerns Westvale Subdivision Phase 3. 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-2361 as public highways, and to dedicate (outside
of Plan 40M-2361) Gord Vinson Avenue and Dewell Crescent as public highways.
1. Background
1.1 The Subdivision Agreement
The Corporation of the Municipality of Clarington entered into a Subdivision Agreement,
registered April 9, 2002, with 289143 Ontario Limited to develop lands by plan of
subdivision, located in Courtice and described as Plan 40M-2361 (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:
1.2.1 Initial Works
These works were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
1.2.2 Street Lighting System
These works were issued a 'Certificate of Completion' and subsequent 'Certificate of
Acceptance' by the Director of Engineering Services.
1.2.3 Stormwater Management System
Not applicable to this phase.
1.2.4 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
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 although the
developer experienced delays in completing repairs, all deficiencies have now been
rectified to the satisfaction of the Director of Engineering Services.
Municipality of Clarington
Resort EGD -006-18
2. Proposal
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-2361 as public highways, and to
dedicate Gord Vinson Avenue and Dewell Crescent within our road network as public
highways (Attachment 2). Due to the realignment of Bloor Street a remainder section has
become Dewell Crescent. This section of Dewell Crescent is not part of Plan 40M-2361.
On the west side of Dewell Crescent (as it crosses Rosswell Drive) is Gord Vinson Avenue
(also not within Plan 40M-2361). Gord Vinson Avenue and Dewell Crescent are in the
ownership of The Corporation of the Municipality of Clarington and form part of our road
network. These road allowances require a by-law to have the lands dedicated for public
use.
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-2361, and that Council
approve the by-law attached to Report EGD -006-18 assuming certain streets within
Plan 40M-2361 as public highways and dedicating Gord Vinson Avenue and Dewell
Crescent within our road network as public highway.
5. Strategic Plan Application
Not applicable.
r
Submitted by: Reviewed by:
Anthony Cannella, Andrew C. Allison, B. Comm, LL.B
Director of Engineering Services CAO
Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or
tricciardi@clarington.net
Municipality of Clarington
Resort EGD -006-18
ASC/tr/mb/jb
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law to Report EGD -006-18
The following is a list of the interested parties to be notified of Council's decision:
Michael Freedman, 289143 Ontario Limited
Page 4
Municipality of Clarington
Attachment 2 to
EGD -006-18
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2018 -
Being a By-law 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 streets shown on Plan 40M-2361, 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:
Dewell Crescent
Bathgate Crescent
2. That the streets known as Gordon Vinson Avenue and Dewell Crescent be dedicated as
public highways.
BY-LAW passed in open session this th day of
Adrian Foster, Mayor
KIM.3
C. Anne Greentree, Municipal Clerk