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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 11, 2006 Resolution #: E r 1--1- .3 C) <g - 0/0
Report #: EGD-54-06
File #: C.BF.30.001
By-law #: ;;)oClo --- dd3
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Subject:
PORT OF NEWCASTLE SUBDIVISION, NEWCASTLE
PHASE 1 STAGE 1A, PLAN 40M-1984 (PART OF) AND
PHASE 1 STAGE 2, PLAN 40M-2003
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-54-06 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other
related Works, constructed within Plans 40M-1984 and 40M-2003; and
3. THAT Council approve the by-laws attached to Report EGD-54-06, assuming
certain streets within Plans 40M-1984 and 40M-2003 as public highways.
ReSpeCtfUI:L.
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Submitted by: A. S. Cannella
Director of Engineering Services
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Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/NAC/dv
November 28, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-54-06
Page 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered December 17, 1999, with 1138337 Ontario Limited to
develop lands by plan of subdivision, located in Newcastle and described as
Plans 40M-1984 and 40M-2003 (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 the separation of the Works into five (5)
stages:
a) Initial Works;
b) Final Works;
c) Street Liohtino System;
d) Stormwater Manaoement System; and
e) Neiohbourhood Park Works (Not Applicable)
1.3 The Initial Works and Street Liohtino System were issued 'Certificates of
Completion' and subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Stormwater Manaoement System was issued a Certificate of Completion
dated September 1, 2005. This initiated a two (2) year maintenance period,
which will expire on September 1, 2007.
1.5 The Final Works were issued a 'Certificate of Completion' dated June 15, 2004.
This initiated a one (1) year maintenance period, which expired on June 15,
2005. The Works were re-inspected at that time and, although the Developer
experienced delays in completing the necessary repairs, all deficiencies have
now been rectified to the satisfaction of the Director of Engineering Services.
REPORT NO.: EGD-54-06
Page 3
1.6 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.
1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plans 40M-1984 and
40M-2003 as public highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
Mi!li~a~ *r~~t IJ
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Plan 40M-1984 !JJJI\
Phase 1, Stage 1A lllD
Port of Newcastle
Subdivision
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Plan 40M-2003 \
Phase 1, Stage 2
Port of Newcastle
Subdivision
Lake Ontario
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DRAWN BY: EL
DATE: November 28,2006
NEWCASTLE
KEY MAP
REPORT EGD-54-06
ATTACHMENT NO.1
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ATTACHMENT NO.: 2
REPORT NO.: EGD-54-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
Being a By-law to establish, layout and dedicate certain lands
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 Plans 40M-1984 and 40M-2003, and listed below in
this section, all 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 highways:
PLAN 40M-1984:
Blocks 86 to 124 inclusive
PLAN 40M-2003:
Blocks 37 and 38
BY-LAW read a first and second time this xxth day of xxxxx 2006.
BY-LAW read a third time and finally passed this xxth day of xxxxx 2006.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT NO.: 3
REPORT NO.: EGD-54-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
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 and blocks shown on Plans 40M-1984 and 40M-2003, and
listed below in this section, all 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:
PLAN 40M-1984:
Port Of Newcastle Drive (north limit of lot 76 to north limit of Lakebreeze Drive)
Beacham Crescent
Carveth Crescent
Shipway Avenue (west limit of lot 67 to east limit of Beacham Crescent)
Waterview Lane
Schooner Lane
Bluenose Lane
Blocks 86 to 124 inclusive
PLAN 40M-2003:
Schooner Lane
Waterview Lane
Rosemeadow Crescent
Blocks 37 and 38
BY-LAW read a first and second time this xxth day of xxxxx 2006.
BY-LAW read a third time and finally passed this xxth day of xxxxx 2006.
Jim Abernethy, Mayor
Pattie L. Barrie, Municipal Clerk