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Report To: General Government Committee
Date of Meeting: June 15, 2026 Report Number: PDS-053-26
Authored By: Christopher Opzoomer, Construction Inspector
Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure
Reviewed By: Mary-Anne Dempster, CAO
By-law Number: Resolution Number: PD-079-26
File Number: S-C-2018-0005
Report Subject: 1539 Prestonvale Road (Delpark), Plan 40M-2704 Assumption By-Law
Recommendations:
1.That Report PDS-053-26, and any related delegations or communication items, be
received; and,
2.That the By-law attached to Report PDS-053-26, as Attachment 2, be approved.
Municipality of Clarington Page 2
Report PDS-053-26
Report Overview
. It requests Council’s permission to
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on February 4, 2021 with Delpark Homes (Prestonvale) Inc. to develop lands
by plan of subdivision, located in Darlington and described as Plan 40M-2704
(Attachment 1). The agreement required the developer to construct all roadworks,
including hot-mix paving, street trees, a storm drainage system, a storm drainage
facility, and streetlights. These works were completed and accepted by the Deputy
CAO of Planning and Infrastructure through provisions in the Subdivision Agreement.
The Subdivision Agreement provides for:
1.2 Base Works
These works were issued a “Certificate of Completion” and a subsequent “Certificate of
Acceptance” by the Deputy CAO of Planning and Infrastructure Services.
1.3 Street Lighting System
These works were issued a “Certificate of Completion” by the Deputy CAO of Planning
and Infrastructure and a subsequent “Certificate of Acceptance” will be issued following
the completion of outstanding works that has been committed to by the Developer,
scheduled for July 2026.
1.4 Storm Water Management System
Not Applicable
1.5 Surface Works
These works, which include all surface works such as curb and gutter, sidewalk, hot mix
paving, boulevard works, were issued a ‘Certificate of Completion’ dated November 1st,
2024. This initiated a one (1) year maintenance period, which expired on November 1st,
2025. The Works were re-inspected at that time, and all deficiencies have now been
rectified to the satisfaction of the Deputy CAO of Planning and Infrastructure.
Municipality of Clarington Page 3
Report PDS-053-26
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2704 as public highways. The proposed by-law may be found as Attachment 2 to
this report.
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance, and
replacement are the responsibility of the Municipality of Clarington.
3.2 The operational costs including winter control will be included in the Municipality’s
operating budgets.
4. Concurrence
Not Applicable.
5. Conclusion
It is recommended that the Council pass the by-law found as Attachment 2 to this
report. Following its passage, the Municipal Solicitor will register it in the Land Registry
Office.
Staff Contact: Tony Ricciardi, Manager of Construction and Inspections,
tricciardi@clarington.net.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-law Report to PDS-053-26
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JACK POTTS WAY
40M-2704
DRAWN BY:
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Attachment 1 to
Report PDS-053-26
1539 Prestonvale
(Delpark) Subdivision
Plan 40M-2704
COURTICE
KEY MAP
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FILE NAME:
October 2025
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REPORT PDS-053-26
ATTACHMENT No. 1
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\KeyMaps_Engineering\Subdivision Assumption Keymaps
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Bloor Street
Attachment 2 to Report PDS-053-26
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The Corporation of the Municipality of Clarington
By-law 2026-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:
1. That the Block 73 on Plan 40M-2704 and Block 51 on Plan 40M-2353, being in the
Municipality of Clarington, in the Regional Municipality of Durham, are dedicated
and assumed by The Corporation of the Municipality of Clarington as public
highways.
2. That the streets known as Jack Potts Way and Rosswell Drive as shown on
Plans 40M-2704 and 40M-2353, being in the Municipality of Clarington, in the
Regional Municipality of Durham, are hereby assumed by the Corporation of the
Municipality of Clarington as public highways.
Passed in open Council this 15 day of June, 2026.
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Adrian Foster, Mayor
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June Gallagher, Municipal Clerk