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HomeMy WebLinkAboutEGD-35-02 , . . Cl!l!illgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, JUNE 17,2002 V 1::2... Resolution #:C./Il-)%t-O/--- EGD-35-02 File #: B.02.09.003 By-law #: :)j)()) -II;;L . Date: Report #: Subject: WILLOWBROOK SUBDIVISION, INCLUDING BRADSHAW STREET WORKS, BOWMANVILLE, PLAN 40M-1676, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', ROADS AND ABOVE GROUND SERVICES 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 EGD-35-02 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include roads and other related Works, constructed within Plan 40M-1676 and Bradshaw Street; and 3. THAT Council approve the by-law attached to Report EGD-35-02, assuming certain streets within Plan 40M-1676 as public highways. Submitted by: A. . Cannella, C.E.T. Director of Engineering Services Reviewed bQ ~~ ~ Franklin Wu Chief Administrative Officer AHC*ASC*ce 1 0/06/02 720 REPORT NO.: EGD-35-02 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the Municipality of Clarington, entered into a Subdivision Agreement, registered October 24, 1991, with Ashdale Capital Corporation Ltd. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1676 (internal subdivision works) and extemal works comprised of the reconstruction of the south portion of Bradshaw Street. (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'. After the initial servicing of the site, the developer defaulted in the performance of his obligations under the Subdivision Agreement. In accordance with the recommendations contained in Report WD-37-95, the Municipality then entered into a subsequent agreement with the developer's surety, Royal Bank of Canada. The subsequent agreement required Royal Bank to complete all outstanding works, in accordance with the Subdivision Agreement. 1.2 The Subdivision Agreement provides for the separation of the Works into two (2) stages: a) Storm Sewer System; and b) Roads and Above Ground Services 1.3 The Storm Sewer System for both the internal subdivision and the external portion of Bradshaw Street works, was issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Roads and Above Ground Services for the internal subdivision were issued a 'Certificate of Completion' dated September 29, 1998. This initiated a two (2) year maintenance period, which expired on September 29, 2000. The Works 72\ REPORT NO.: EGD-35-02 PAGE 3 have been re-inspected and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 The Roads and Above Grou nd Services for the extemal portion of Bradshaw Street were issued a -'Certificate of Completion' dated January 5, 2000. This initiated a two (2) year maintenance period, which expired on January 5, 2002. The Works have been re-inspected and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services for both the internal subdivision and the extemal portion of Bradshaw Street. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Roads and Above Ground Services. 1.7 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-1676, as public highway (Attachment 2). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Road Dedication By-law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623-9282 722 I 1"-) WILLOWBROOK DIVISION 1\ '\ PLAN 40Mt1 76 ~~v/---- + J I \ r- 1\ \1 II Apple Blossom Drive _J I~---- ) '--------:1 r--lr- I~( I~---------- ,-, I I . I LIIJI I I I \ \ \ \ \ .1 ~ I '. \ I I C Edgerton Driv ~ I ~ I --} I ~-:, r=~::::::- Lflax~_ I,-~ ~--- I I I I 1 J 11_ JI llL~ ! I J I ! I I I /~~ , , ~{J 18>- '-- \ \ " I I I I I '--- .---- II I ATTACHMENT NO, 1 I I l r i I , I Chance Court , I " c ~ L.___.____..~~ Concession Street East BOWMANVILLE -------- ( -- - ---, ,------ ,~- ./'\. I , l_U -~ -~ I , , ('-- II Engineering Services REPORT EGD-35-02 \ ATTACHMENT NO.1 MAY 2002 723 . ATTACHMENT NO.: 2 REPORT NO.: EGD.35-02 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to establish certain lands as public highways and 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 Clarin9ton hereby enacts as follows: 1. THAT the streets and blocks shown on Plan 40M-1676 and listed below, all bein9 in the Municipaiity 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: Edgerton Drive Flaxman Avenue Chance Court Kershaw Street Blocks 101,102 and 103 Blocks 109, 110 and 111 BY-LAW read a first and second time this 24"' day of June 2002. BY-LAW read a third time and finally passed this 24"' day of June 2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 724