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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File # D' 2. ,Ct::
Res. #C,f' A -4'f)~ -T~
By-Law # 1'i' ......./~ ~
Date:
AUGUST 31, 1998
Report #: VID-45-98 File #:
Subject:
PENWEST SUBDIVISION, PHASE 4, MERRYFIELD COURT,
BOWMANVILLE, PLAN 40M-1770,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW',
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 WD-45-98 be received for information.
2. THAT the Director of Public Works be authorized to issue a 'Certificate of Acceptance' for
the Final Works, which include final stage roads and other related Works, constructed
within Plan 40M-1770; and
3. THAT Council approve the by-law attached to Report WD-45-98, assuming the streets
within Plan 40M -1770 as Public Highways.
REPORT
1.0 ATTACHMENTS
No.1: Key Map
No.2: Road Dedication By-law
2.0 BACKGROUND
2.1 The former Town of Newcastle entered into a subdivision agreement on July 28, 1986, with
Penwest Development Corporation Limited to develop lands by plan of subdivision, located
in Bowmanville and described as Plan 40M-1770 (Attachment No.1). The agreement
required the developer to construct all roadworks, including hot-mix paving, sodded
ditches, a storm drainage system and street lights, hereinafter referred to as the 'Works'.
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PAPER \tJ:I RECYCLE
THlS IS PRINTED ON RECYCLED PAPER
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REPORT NO.: WD-45-98
PAGE 2
2.2 The subdivision agreement provides for the separation of the Works into two (2) stages:
(a) Initial Stage of Road Construction;
(b) Final Stage of Road Construction
2.3 The Initial Stage of Road Construction was issued a 'Certificate of Acceptance' on January
27, 1997, by the Director of Public Works, as per the maintenance requirements set out in
the subdivision agreement.
2.4 The Final Stage of Road Construction was issued a 'Certificate of Completion' dated April
28, 1997. This initiated a one (1) year maintenance period which expired on April 28,
1998. The Works have been reinspected and all deficiencies have now been rectified to the
satisfaction ofthe Director of Public Works.
2.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Stage of Road
Construction. The subdivision agreement requires Council approval prior to the issuance of
the 'Acceptance Certificate' for the Final Stage of Road Construction Works.
2.6 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-1770 as public highway
(Attachment No.2).
Respectfully submitted,
Reviewed by
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Stephen A. Vokes, P. Eng.,
Director of Public Works
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W. H. Stockwell,
Chief Administrative Officer
NAC*SA V*ce
18/08/98
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PENWEST SUBDIVISION
PHASE 4
40M-1770
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PEACHTREE CRESCENT
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DRAWN BY: J.R.M
REPORT NO. WD-45-98
DATE: AUGUST 1998
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ATTACHMENT NO. 1
1 Il) 9
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 98-
Being a By-Law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington.
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as
follows:
1 . THAT the street described in Registered Plan 40M -1770 (described in Schedule" A"
attached hereto and forming part of this By-Law) all 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 highways, and assumed by
the said Corporation for public use.
BY - LA W read a first and second time this 14th day of September 1998.
BY-LA W read a third time and finally passed this 14th day of September 1998.
MAYOR
CLERK
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ATTACHMENT NO.: 2
REPORT NO.: WD-45-98
Merryfield Court
SCHEDULE "A" TO BY-LAW NUMBER 98-
On Registered Plan 40M-I770
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