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Report To: General Government Committee
Date of Meeting: May 11, 2020 Report Number: EDG-008-20
Submitted By: Ron Albright, Acting Director of Engineering Services
Reviewed By: Andrew C. Allison, CAO
File Number: C.07.15.001
By-law Number: 2020-034
Resolution#: GG-087-20
Report Subject: Kirby Heights Subdivision, Plan 40M-2480 ‘Certificate of Acceptance’ and
‘Assumption By-Law’, Final Works Including Roads and Other Related
Works
Recommendation:
1.That Report EGD-008-20 be received;
2.That the Director of Engineering Services be authorized to issue a ‘Certificate of
Acceptance’ for the Final Works, which includes final stage roads and other related
works constructed within Plan 40M-2480;
3.That Council approve the by-law attached to Report EGD-008-20 assuming certain
streets within Plan 40M-2480 as public highways; and
4.That all interested parties listed in Report EGD-008-20 be advised of Council’s decision.
Municipality of Clarington Page 2
Report EDG-008-20
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered May 23, 2012 with Valleymore Land Corp. to develop lands by plan of
subdivision, located in Kirby and described as Plan 40M-2480 (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:
1.2 Initial Works
These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of
Acceptance’ by the Director of Engineering Services.
1.3 Street Lighting System
These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of
Acceptance’ by the Director of Engineering Services.
1.4 Stormwater Management System
Not Applicable to this Subdivision
1.5 Final Works
These works, which include all surface works such as granular shoulders, ditches,
infiltration gallery, hot mix paving, boulevard works and street trees, were issued a
‘Certificate of Completion’ dated April 30, 2019. This initiated a one (1) year
maintenance period, which expired on April 30, 2020. 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 Engineering
Services.
Report Overview
This report concerns Kirby Heights Subdivision. It requests Council’s permission to issue
the required Certificate of Acceptance for the Final Works, as well as approve a by-law to
assume certain streets within Plan 40M-2480 as public highways.
Municipality of Clarington Page 3
Report EDG-008-20
2. Proposal
2.1 It is now appropriate to issue a ‘Certificate of Acceptance’ for the Final Works. The
Subdivision Agreements require Council approval prior to the issuance of the ‘Certificate
of Acceptance’ for the Final Works.
2.2 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-2480 as public highways
(Attachment 2).
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that the Director of Engineering Services be authorized
to issue a “Certificate of Acceptance’ for the Final Works, which includes final stage
roads and other related Works constructed within Plan 40M-2480, and that Council
approve the by-law attached to Report EGD-008-20 assuming certain streets within
Plan 40M-2480 as public highways.
Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379 Ext. 2322 or
tricciardi@clarington.net.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-Law to Report EGD-008-20
Interested Parties:
The following interested parties will be notified of Council's decision:
Hannu Halminen, Valleymore Land Corp.
7125
7167
7205
7027
7043
7061
70731592
3
2
73026
22
1
8 1410627024
POWERS COURT
REPORT EGD-008-20
40M-2480.mxd
DRAWN BY:
.
Kirby Heights
Subdivision
Plan 40M-2480
CLARKE TOWNSHIP
KEY MAP
DATE:
FILE NAME:
April 17, 2020
E.L.
ATTACHMENT No. 1
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2480.mxdCarscadden RdGanarska Rd CARSCADDEN ROADGANARASKA ROAD
Attachment 2 to
Municipality of Clarington Report EGD-008-20
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2020 - ____
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.
The Council of the Corporation of the Municipality of Clarington enacts as follows:
1. THAT the blocks shown on Plan 40M-2480, and listed below in this section, being in the
Municipality of Clarington, in the Regional Municipality of Durham, are hereby
established, laid out, and dedicated by T he Corporation of the Municipality of Clarington
as public highway:
Block 17 (0.3 metre reserve)
Block 18 (0.3 metre reserve)
Block 19 (0.3 metre reserve)
2. THAT the streets and blocks shown on Plan 40M -2480, 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:
Powers Court
Block 16 (Street Widening)
Block 17 (0.3 metre reserve)
Block 18 (0.3 metre reserve)
Block 19 (0.3 metre reserve)
BY-LAW passed in open session this __ ___ th day of ________________ 2020.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk