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Leading the Way
REPORT
NG SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 23, 2009
Report #: EGD-010-09
Resolution#. P~, ~~~'~~
File #: By-law
Subject: CLARNEW SUBDIVISION PHASE 2, NEWCASTLE, PLANS 40M-2038
AND 40R-25814, `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 EGp-010-09 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-2038 and 40R-25814; and
3. THAT Council approve the by-laws attached to Report EGD-010-09, assuming
certain streets within Plans 40M-2038 and 40R-25814 as public highways.
Respectfully by,
Submitted by: A.S. Cannella
Director of Engineering Services
ASC/NAC/dv
February 10, 2009
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Reviewed by: Franklin Wu
Chief Administrative Officer
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-010-09
PAGE 2
1.0
1.1
1.2
BACKGROUND
The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered August 23, 1999, with Clarnew Development Inc. to
develop lands by plan of subdivision, located in Newcastle and described as
Plans 40M-2038 and 40R-25814 (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'.
The Subdivision Agreement provides for the separation of the Works into four (4)
stages:
a) Initial Works;
b) Street Lighting System;
c) Final Works; and
d) Stormwater Management System (not applicable)
1.3
1.4
1.5
The Initial Works and Street Lighting 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.
The Final Works were issued a `Certificate of Completion' dated October 24,
2006. This initiated a one (1) year maintenance period, which expired on
October 24, 2007. The developer experienced delays in completing the repair
works, however, the works have been re-inspected, and all deficiencies have
now been rectified to the satisfaction of the Director of Engineering Services.
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.
REPORT NO.: EGD-010-09
PAGE 3
1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain. streets within Plans 40M-2038 and
40R-25814 as public highways (Attachments 2, 3 and 4).
Attachments:
Attachment 1 -Key Map
Attachment 2 -Proposed By-law
Attachment 3 -Proposed By-law
Attachment 4 -Proposed By-law
List of Interested Parties:
King St. E.
Plan 40R-25814
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Shipley Avenue
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Clarnew Subdivision
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Plan 4OM-2038
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DRAWN BY: E.L. ~ DATE: February 10, 2009
N~ ~ REPORT EGD-010-09
NEWCASTLE ®j~~-, KEY MAP ATTACHMENT NO. 1
r";T~ACNt>nENI NC).: 2
R.E°(~RT PdO FL1G-010-O~J
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009- XX
Being a By-law to establish, lay out 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 Plan 40M-2038, 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:
Block 142
Block 145
Block 148
BY-LAW read a first and second time this xx'"day of xxxxx 2009.
BY-LAW read a third time and finally passed this xx'" day of xxxxx 20D9.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
ATT~ICHMEN~r NO. 3
RF.~'ORf NO. EGU-01 L`-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009• 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 Plan 40M-2038, 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:
William Jose Court
Bloom Avenue
Brookhouse Drive
Ravey Street
Edward Street East
Block 142
Block 145
Block 148
BY-LAW read a first and second time this xx~h day of xxxxx 2009.
BY-LAW read a third time and finally passed this xx~" day of xxxxx 2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
fa~Al;HNIENT No.. n
REOPRT NO EGD-010-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009- XX
Being a By-law to establish certain lands as public highway,
assume them for public use and name them.
The Council of the Corporation of the Municipality of Clarington hereby enacts as follows:
1. THAT the following lands are hereby established as public highway, assumed by
the Corporation for public use and assigned the name set out below:
Land Established as Public Hiahwav Name
Part of the road allowance between Brookhouse Drive
Lots 26 and 27, Concession 1,
designated as Part 1 on Plan 40R-25814
BY-LAW read a first and second time this xx`" day of xxxxx 2009.
BY-LAW read a third time and finally passed this xx'" day of xxxxx 2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk