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Home My WebLink AboutPWD-011-22Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 11, 2022 Report Number: PWD-011-22 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-186-22 File Number: 18T-90003 By-law Number: 2022-024 Report Subject: Mallory Heights Subdivision Phase 1A and 1B, Courtice, Plan 40M-2528 Certificate of Acceptance and Assumption By -Law, Final Works Including Roads and Other Related Works Recommendations: 1. That Report PWD-011-22 and any related communication items, be received; 2. That the Director of Public Works be authorized to issue a Certificate of Acceptance for the Phase 1 B Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2528; 3. That the draft By-law (Attachment 2), assuming certain streets within Plan 40M-2528 and adjacent Plans 10M-826, and 40R-18861 (Attachment 1), be approved; and 4. That all interested parties listed in Report PWD-011-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PWD-011-22 Report Overview Page 2 This report concerns Mallory Heights Subdivision Phase 1 A and 1 B. It requests Council's permission to issue the required Certificate of Acceptance for the Phase 1 B Final Works, as well as approve a by-law to assume certain streets for Phase 1A and 1 B within Plan 40M- 2528 and adjacent Plans 10M-826, and 40R-18661 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 23, 2014, with William Tonno Construction Limited and 1494339 Ontario Limited, to develop lands in two phases (Phase 1A and Phase 113) by plan of subdivision, located in Courtice and described as Plan 40M-2528 (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'. Phase 1A had previously received the Certificate of Acceptance for Final Works but the streets and blocks were not dedicated at that time. The streets within Phase 1A have been added to this report to dedicate all streets within 40M-2528 and adjacent Plans 10M-826, and 40R-18661. The Subdivision Agreement provides for: 1.2 Initial Works These works were issued a Certificate of Completion and a subsequent Certificate of Acceptance by the Director of Public Works. 1.3 Street Lighting System These works were issued a Certificate of Completion and subsequent Certificate of Acceptance by the Director of Public Works. 1.4 Stormwater Management System Not Applicable 1.5 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 June 1, 2017. This initiated a one (1) year maintenance period, which expired on June Municipality of Clarington Report PWD-011-22 Page 3 1, 2018. 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 Public Works. 2. Proposal 2.1 It is now appropriate to issue a Certificate of Acceptance for the Final Works in Phase 1 B. 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 a Certificate of Acceptance, a by-law is required to permit the Municipality to assume certain streets for Phase 1 A and 1 B within Plan 40M-2528, and adjacent Plans 10M-826, and 40R-18661 as public highways (Attachment 2). 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that the Director of Public Works be authorized to issue a Certificate of Acceptance for the Phase 1 B Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2528, and that Council approve the attached by-law assuming certain streets for Phase 1A and 1 B within Plan 40M-2528, and adjacent Plans 10M-826 and 40R-18661 as public highways. Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 ext. 2327 or krichardson@clarington.net. Attachments: Attachment 1 — Key Map Attachment 2 — By-law to Report PWD-011-22 Interested Parties: The following interested parties will be notified of Council's decision: Michael Foley, 1494339 Ontario Limited Cora Tonno, William Tonno Construction Limited Attachment 2 to Report PWD-011-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2022-XXX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. Now therefore the Council of the Municipality of Clarington enacts as follows: That the blocks shown on Plan 40M-2528, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Block 68 (0.3m Reserve) Block 69 (0.3m Reserve) Block 70 (0.3m Reserve) Block 71 (0.3m Reserve) Block 72 (0.3m Reserve) Block 73 (0.3m Reserve) Block 74 (0.3m Reserve) Block 75 (0.3m Reserve) Block 76 (0.3m Reserve) Block 77 (0.3m Reserve) Block 78 (0.3m Reserve) Block 79 (0.3m Reserve) 2. That the block shown on Plan 10M-826, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Block 228 (0.3m Reserve) 3. That the streets and blocks shown on Plans 40M-2528 and 10M-826, 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: Plan 40M-2528 Block 68 (0.3m reserve) Block 69 (0.3m Reserve) Block 70 (0.3m Reserve) Attachment 2 to Report PWD-011-22 Block 71 (0.3m Reserve) Block 72 (0.3m Reserve) Block 73 (0.3m Reserve) Block 74 (0.3m Reserve) Block 75 (0.3m Reserve) Block 76 (0.3m Reserve) Block 77 (0.3m Reserve) Block 78 (0.3m Reserve) Block 79 (0.3m Reserve) Page Place Vetzal Court Niddery Street Daiseyfield Avenue Adelaide Avenue Plan 1OM-826: Block 228 (0.3m Reserve) 4. That the lands shown on Plan 40M-2606 and 10M-826, 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: Land Established as Public Highway Name Part of lot 31, Concession 3, Daiseyfield Avenue Designated as Parts 1 and 6 on Plan 40R-18661 Part of lot 32, Concession 3, Niddery Street Designated as Blocks 225, 226 and 227 on Plan 1OM-826 Passed in open Council this XX day of MMM, 2022. Adrian Foster, Mayor June Gallagher, Municipal Clerk