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HomeMy WebLinkAboutWD-50-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File 4, Date: DECEMBER 6, 1993 Res. # Report#: File#: _B__0J__0_9 .008 & B.01.09. 004 By-Law# Subject: NOR-ARM DEVELOPMENTS, ROYAL PINES COURT AND PINETREE COURT SUBDIVISIONS, PLANS IOM-837 AND IOM-838, ROAD ASSUMPTION BY-LAWS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report WD-50-93 be received; 2 . THAT Council approve the by-laws attached to report WD-50-93 assuming the streets within Plan 10M-837 and 1OM-838 as public highways. REPORT 1.0 ATTACHMENTS No. 1 : Key Map No. 2 : Copy of Report WD-33-93 No. 3: By-law No. 93-114, dated July 19, 1993 No. 4 : By-law No. 93-115, dated July 19, 1993 No. 5 : Proposed Road Assumption By-law for Plan 10M-837 No. 6 : Proposed Road Assumption By-law for Plan 10M-838 2.0 BACKGROUND 2 . 1 The former Corporation of the Town of Newcastle entered into two (2 ) subdivision agreements with Nor-Arm Developments Inc. dated May 23, 1990, and July 16, 1990, to develop lands by REPORT NO. : WD-50-93 PAGE 2 plans of subdvision, located in Bowmanville, and described as Plans 1OM-837 and 1OM-838 respectively (Attachment No. 1) . 2 .2 Through Report WD-33-93 (Attachment No. 2) , Council passed By- laws 93-114 and 93-115 (Attachment Nos. 3 and 4) , permitting the Director of Public Works to issue 'Acceptance Certificates' for Plans 1OM-837 and 10M-838 respectively, provided the Works were completed to his satisfaction. 2 .3 The Works have been completed to the Director's satisfaction and Acceptance Certificates have been issued for Plans 1OM-837 and 10M-838 dated August 27, 1993, and September 28, 1993, respectively. 2.4 Accordingly, it is now appropriate for Council to pass the attached proposed By-laws permitting the Municipality to assume all the streets within Plans 1OM-837 and 1OM-838, (Attachment Nos. 5 and 6) . Respectfully submitted, Recommended for presentation to the Committee, ----------------------- - - ---------------------- Walter A. Evans, P.Eng. , Marie Marano, H.B.Sc. , AMCT, Director of Public Works Acting Chief Administrative Officer NC*WAE*ph j November 4, 1993 Attachments I I I i 1 002 PEACHTREE � > r1K Q 0 v CRES. zo cn Q Q z m m - - 0 YAL � COUR 7 1, R i (IBD V SI 1 6)m- 3 C fi I I I I � V PINE TRE-E CLIMIE COU�T c�FFk SUBDIVISION OM-838 I block tOM-838 38 7.Om Road Widening HIGHWAY 2 a G �. ECII O muoF.w op. OVA ti• Ya ffi J �k pnG cr, C:\ATTACHS\SUBD\1 OM838 ❑[ °``��` °� DRAWN BY: JM DATE: NOV. 1993 B n. ATTACHMENT NO. K WD-50-93 i � uo3 THE CORPORATION OF THE MMP_ICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION: COMMITTEE File # Date: JULY 11, 1993 Res. # By-Law# Report #: WD-33-93 File #: B. 01 . 09 . 008 & B.01 . 09 .004 Subject: NOR-ARM DEVELOPMENTS, ROYAL PINES COURT AND PINETREE COURT SUBDIVISIONS PLANS IOM-837 AND IOM-838 CERTIFICATE OF ACCEPTANCE - FINAL WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i 1 . THAT Report WD-33-93 be received; and 2 . THAT the proposed By-laws attached to Report WD-33-93 be forwarded to Council for approval . REPORT 1. 0 ATTACHMENTS No. 1: Key Map No. 2 : Correspondence from Nor-arm Developments Inc. dated July 12, 1993 No. 3 : Copy of Sections -3--12 and 5 . 24 of the Subdivision Agreement No. 4 : Proposed By-law for Plan 10M-837 No. 5 : Proposed By-law for Plan 1OM-838 2.0 BACKGROUND 2 . 1 The former Corporation of the Town of Newcastle entered into two (2) subdivision agreements with Nor-Arm Developments Inc. dated May 23, 1990, and July 16, 1990, to develop lands by plans of subdivision, located in Bowmanville, and described as Plans 1OM-837 and IOM-838 respectively (Attachment No. l) . The agreements required the developer to construct all roadworks ATTACHMENT NO. 2 WD-50-93 10 4 REPORT NO. : WD-33-93 PAGE 2 including hot-mix paving, curb and gutter, sidewalks, boulevard sodding and street trees, a storm drainage system and street lights, hereinafter referred to as the 'Works ' . 2 . ? Subsequent amending agreements were executed for both subdivisions on June 14 , 1993, providing for the separation of the Works into four (4 ) stages with modified maintenance periods : a) Initial Works ( 2 years) ; b) Stormwater Management System ( 2 years) ; C) Streetlighting System (2 years ) ; and d) Final Works ( 1 year) Furthermore, the amended agreements which reflect recent changes to the Municipality's core agreement require that the issuance of an 'Acceptance Certificate' for the Final Works be subject to Council 's approval. 2 . 3 Correspondence has been received from the developer noting that the maintenance periods for the Final Works will expire during Council 's summer recess (August 5, 1993 , for Plan 1OM- 838 and August 19, 1993, for Plan 1OM-837 ) . They have requested that the Director of Works be pre-authorized by Council to issue 'Certificates of Acceptance' for both projects upon expiry of the one-year final maintenance periods and completion of any rectifications, to the satisfaction of the Director (Attachment No. 2) . 2 .4 Section 5 . 24 of the agreement deals with the requirements for the issuing of a 'Certificate of Acceptance' and Section 3 . 12 deals with the requirements for the release of the maintenance guarantee (Attachment No. 3) . These two items can be achieved by the passing of the two (2) By-laws attached to this report (Attachments Nos. 4 and 5) . nn � REPORT NO. : WD-33-93 PAGE 3 2 . 5 Subsequent to the Director of Public Works issuing the Certificate of Acceptance for the Final Works, Public Works will report back to Council in September of this year recommending the formal assumption of the roads within the Plans of Subdivision. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. Kot ft, Director of Public Works Chief Administr ti e Officer ASC*NC*PH July 14 , 1993 Attachments I 1006 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- Being a By-Law to authorize the issuance of a Certificate of Acceptance for the Final Works constructed on the lands in Plan IOM-837 and to release the Maintenance Guarantee for them. WHEREAS the Director of Public Works has advised Council that the maintenance period for the Final Works constructed by Nor-arm Developments Inc. , pursuant to an agreement dated May 23, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and 683794 Ontario Ltd. on lands in Plan 1OM-837, will be completed on August 19, 1993. WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement provides that the Municipality is not required to release the Maintenance Guarantee for the Works, deposited with the Municipality, to the owner until the issuance of a Certificate of Acceptance and certain other works are satisfied. WHEREAS paragraph 5.24 of the aforesaid provides in part that in addition to any other requirements contained in it, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT, conditional on the Director of Public Works filing a report with the Clerk on or after August 19, 1993, that he has inspected all of the works for which a Certificate of Completion was issued and that all such Works have been maintained to the approval of the Director, the Director of Public Works may issue a Certificate of Acceptance of the Works referred to in the Subdivision Agreement dated May 23, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and 683794 Ontario Ltd. on lands in Plan 1OM-837 which are located on portions of the lands to which registered Plan 1OM-837 applies. 2. THAT when the requirements of paragraph 3.12 of the Subdivision Agreement referred to in Paragraph 1 have been satisfied, the Treasurer shall be authorized to release the ATTACHMENT NO. 4 �'� � I WD-33-93 - 2 - Maintenance Guarantee for the Works for which the Acceptance Certificate is issued to the person who the Treasurer determines to be entitled to receive the same. BY-LAW read a first and second time this 26th day of July, 1993. BY-LAW read a third and finally passed this 26th day of July, 1993. MAYOR CLERIC I I 1008 TAE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- Being a By-Law to authorize the issuance of a Certificate of Acceptance for the Final Works constructed on the lands in Plan 1OM-838 and to release the Maintenance Guarantee for them. WHEREAS the Director of Public Works has advised Council that the maintenance period for the Final Works constructed by Nor-arm Developments Inc. , pursuant to an agreement dated July 16, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and Canadian Imperial Bank of Commerce on lands in Plan IOX-838, will be completed on August 5, 1993. WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement provides that the Municipality is not required to release the Maintenance Guarantee for the Works, deposited with the Municipality, to the owner until the issuance of a Certificate of Acceptance and certain other works are satisfied. WHEREAS paragraph 5.24 of the aforesaid provides in part that in addition to any other requirements contained in it, no Certificate of Acceptance shall be issued until all of the works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT, conditional on the Director of Public Works filing a report with the Clerk on or after August 5, 1993, that he has inspected all of the works for which a Certificate of Completion was issued and that all such Works have been maintained to the approval of the Director, the Director of Public Works may issue a Certificate of Acceptance of the Works referred to in the Subdivision Agreement dated July 16, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and Canadian Imperial Bank of Commerce on lands in Plan 1OM-838 which are located on portions of the lands to which registered Plan 1OM-838 applies. i 2. THAT when the requirements of paragraph 3.12 of the Subdivision Agreement referred to in Paragraph 1 have been satisfied, the Treasurer shall be authorized to release the I (� C� ATTACID ENT NO. 5 t 7 WD-33-93 2 - Maintenance Guarantee for the Works for which the Acceptance Certificate is issued to the person who the Treasurer determines to be entitled to receive the same. BY-LAW read a first and second time this 26th day of July, 1993. BY-LI>W read a third and finally passed this 26th day of July, 1993. MAYOR CLERK U 10 is. � t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93-114 Being a By-Law to authorize the issuance of a Certificate of Acceptance for the Final Works constructed on the lands in Plan 1OM-838 and to release the Maintenance Guarantee for them. WHEREAS the Director of Public Works has advised Council that the maintenance period for the Final Works constructed by Nor-arm Developments Inc. , pursuant to an agreement dated July 16, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and Canadian Imperial Bank of Commerce on lands in Plan 1OM-838, will be completed on August 5, 1993. WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement provides that the Municipality is not required to release the Maintenance Guarantee for the Works, deposited with the Municipality, to the owner until the issuance of a Certificate of Acceptance and certain other works are satisfied. WHEREAS paragraph 5.24 of the aforesaid provides in part that in addition to any other requirements contained in it, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT, conditional on the Director of Public Works filing a report with the Clerk on or after August 5, 1993, that he has inspected all of the works for which a Certificate of Completion was issued and that all such Works have been maintained to the approval of the Director, the Director of Public Works may issue a Certificate of Acceptance of the Works referred to in the Subdivision Agreement dated July 16, 1990, between the former Town of- , Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and Canadian Imperial Bank of Commerce on lands in Plan 1OM-838 which are located on portions of the lands to which registered Plan 1OM-838 applies. 2. THAT when the requirements of paragraph 3.12 of the Subdivision Agreement referred to in Paragraph 1 have been satisfied, the Treasurer shall be authorized to release the 1 , ATTACHMENT N0. 3 WD-50-93 2 - Maintenance Guarantee for the Works for which the Acceptance Certificate is issued to the person who the Treasurer determines to be entitled to receive the same. BY-LAW read a first and second time this 19th day of July, 1993. BY-LAW read a third and finally passed this 19th day of July, 1993. MAYOR PUT1 CLERK I I I i i 1012 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93-115 Being a By-Law to authorize the issuance of a Certificate of Acceptance for the Final Works constructed on the lands in Plan 1OM-837 and to release the Maintenance Guarantee for them. WHEREAS the Director of Public Works has advised Council that the maintenance period for the Final Works constructed by Nor-arm Developments Inc. , pursuant to an agreement dated May 23, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and 683794 Ontario Ltd. on lands in Plan 1OM-837, will be completed on August 19, 1993. WHEREAS paragraph 3. 12 of the aforesaid Subdivision Agreement provides that the Municipality is not required to release the Maintenance Guarantee for the Works, deposited with the Municipality, to the owner until the issuance of a Certificate of Acceptance and certain other works are satisfied. WHEREAS paragraph 5.24 of the aforesaid provides in part that in addition to any other requirements contained in it, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT, conditional on the Director of Public Works filing a report with the Clerk on or after August 19, 1993, that he has inspected all of the works for which a Certificate of Completion was issued and that all such Works have been maintained to the approval of the Director, the Director of Public Works may issue a Certificate of Acceptance of the Works referred to in the Subdivision Agreement dated May 23, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and 683794 Ontario Ltd. on lands in Plan 1OM-837 which are located on portions of the lands to which registered Plan 1OM-837 applies. 2. THAT when the requirements of paragraph 3. 12 of the Subdivision Agreement referred to in Paragraph 1 have been satisfied, the Treasurer shall be authorized to release the 1 0 13 ATTACHMENT N0. 4 WD-50-93 - 2 - Maintenance Guarantee for the Works for which the Acceptance Certificate is issued to the person who the Treasurer determines to be entitled to receive the same. BY-LAW read a first and second time thisl9th day of July, 1993. BY-LAW read a third and finally passed this 19th day of July, 1993. YOR 4:4��ERK 1014 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- Being a By-Law 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 Clarington enacts as follow: 1. THAT the street described in Registered Plan IOM-837 (described in Schedule "A" attached hereto and forming part of this By-Law) all being in the former Town of Newcastle, now known as the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by The Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use. BY-LAW read a first and second time this 13th day of December, 1993. BY-LAW read a third time and finally passed this 13th day of December, 1993. ' MAYOR CLERK ATTACHMENT N0. 5 WD-50-93 1015 SCHEDULE "A" TO BY-LAW NUMBER 93- Royal Pines Court On Registered Plan 1OM-837 1016 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- Being a By-Law 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 Clarington enacts as follow: 1. THAT the streets and road widening Block 84, described in Registered Plan. 1OM-838 (described in Schedule "A" attached hereto and forming part of this By-Law) all being in the former Town of Newcastle, now known as the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use. BY-LAW read a first and second time this 13th day of December, 1993. BY-LAW read a third time and finally passed this 13th day of December, 1993. MAYOR ' I CLERK ATTACHMENT N0. 6 WD-50-93 I 1017 SCHEDULE "A" TO BY-LAW NUMBER 93- Galbraith Court Climie Court Block 84 (road widening) On Registered Plan IOM-838 I i I