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Engineering Services
Report
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Report To: General Government Committee
Date of Meeting: April 15, 2019
Report Number: EGD -010-19 Resolution: GG -209-19
File Number: B.02.17.001 By-law Number:
Report Subject: Brookhill West Subdivision Phase 1, Bowmanville,
Plan 40M-2459
'Certificate of Acceptance' and 'Assumption By -Law", Final Works
Includina Roads and Other Related Works
Recommendations:
1. That Report EGD -010-19 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-2459;
3. That Council approve the by-law attached to Report EGD -010-19 assuming certain
streets within Plans 40M-2459, 40R-2237 and 40R-27112 as public highways; and
4. That all interested parties listed in Report EGD -010-19 be advised of Council's decision.
Municipality of Clarington
Report EGD -010-19
Report Overview
Page 2
This report concerns Brookhill Subdivision Phase 1. 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-2459, 40R-22327 and 40R-27112 as public
highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered December 7, 2011 with West Diamond Properties Inc. to develop lands by
plan of subdivision, located in Bowmanville and described as Plan 40M-2459
(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:
Initial Works
1.2.1 These works were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
Street Lighting System
1.2.2 These works were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
Stormwater Management System
1.2.3 These works have been completed, and will be issued a "Certificate of Completion'
when the pond has been cleaned and inspected.
Park Works
1.2.4 These works were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
Green Road Works
1.2.5 These works were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
Municipality of Clarington Page 3
Report EGD -010-19
Brookhill Tributary Realignment Works
1.2.6 These works were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
Prince William Boulevard Extension Works
1.2.7 The requirement for these works was replaced by the Brookhill Boulevard Extension
Works. These works, which were administered under the Phase 2 (Plan 40M-2506)
agreement, were issued a `Certificate of Completion' and a subsequent `Certificate of
Acceptance' by the Director of Engineering Services.
Final Works
1.2.8 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 1, 2017. This initiated a one (1) year maintenance period, which
expired on November 1, 2018. The works were re -inspected at the 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.
2. Proposal
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 Plans 40M-2459, 40R-22327 and
40R-27112 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-2459, and that Council approve the
by-law attached to Report EGD -010-19 assuming certain streets within Plans 40M-2459,
40R-22327 and 40R-27112 as public highways.
Municipality of Clarington
Resort EGD -010-19
5. Strategic Plan Application
Not applicable.
Submitted by:
Anthony Cannella,
Director of Engineering Services
Page 4
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or
tricciardi@clarington.net
ASC/mb/kb
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law to Report EGD -010-19
The following is a list of the interested parties to be notified of Council's decision:
Richard Tyler, West Diamond Properties Inc.
Brookhill
Subdivision -
Phase 1
Plan 40M-2459
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DRAWN BY:
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DATE:
March 20, 2019
REPORT EGD -010-19
ATTACHMENT No. 1
FILE NAME:
40M-2459.mxd
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Municipality of Clarington
Attachment 2 to
Report EGD -010-19
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2019 -
Being a By-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, to assume certain streets and
lanes 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 enacts as follows:
1. THAT the blocks shown on Plan 40M-2459, 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 highways:
Block 144 (0.3 metre reserve)
Block 146 (0.3 metre reserve)
Block 147 (0.3 metre reserve)
Block 150 (0.3 metre reserve)
2. THAT the streets, lanes and blocks shown on Plan 40M-2459, 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:
Brookhill Boulevard
Boswell Drive
Murray Tabb Street
Harvey Jones Avenue
Meachin Gate
Ted Miller Crescent
Hovey lane
Hicks Lane
Daigle Lane
Block 138 (Street Widening)
Block 144 (0.3 metre reserve)
Block 146 (0.3 metre reserve)
Block 147 (0.3 metre reserve)
Block 150 (0.3 metre reserve)
Municipality of Clarington
Attachment 2 to
EGD -010-19
3. 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 Hiahwa
Part of lots 15 and 16, Concession 2
Designated as Part 8 on Plan 40R-27112
Part of lots 15 and 16, Concession 2
Designated as Part 6 on Plan 40R-27112
Part of lot 16, Concession 2
Designated as Part 16 on Plan 40R-22327
BY-LAW passed in open session this th day of
Green Road
Brookhill Boulevard
Clarington Boulevard
Adrian Foster, Mayor
2019.
C. Anne Greentree, Municipal Clerk