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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-044-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary -Anne Dempster, CAO Resolution#: PD-097-22
File Number: 18T-89012 By-law Number: 2022-058
Report Subject: Enniskillen Estates, Plan 40M-2583 Assumption By -Law
Recommendations:
1. That Report PDS-044-22 and any related delegations or communication items, be
received;
2. That the draft By-law (Attachment 2) to Report PDS-044-22, be approved; and
3. That all interested parties listed in Report PDS-044-22 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-044-22
Report Overview
Page 2
This report concerns Enniskillen Estates. It requests Council's permission to approve a by-
law to assume certain streets within Plan 40M-2583 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on November 29, 2016 with 2501338 Ontario Ltd. to develop lands by plan of
subdivision, located in Enniskillen and described as Plan 40M-2583 (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. These works were completed and accepted by the Director of Planning and
Infrastructure Services through provisions in the Subdivision Agreement.
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2583 as public highways. The proposed by-law may be found as an 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. Specifically, Lionel
Byam Drive will be added to our asset register and included in asset management
planning
3.2 The operational costs including winter control will be included in the Municipality's
operating budgets.
4. Concurrence
Not Applicable.
Municipality of Clarington
Report PDS-044-22
5. Conclusion
Page 3
It is respectfully 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: Karen Richardson, Manager, Development Engineering 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 — Key Map
Attachment 2 — By-law Report to PDS-044-22
Interested Parties:
The following interested parties will be notified of Council's decision:
Jamie Maclnnis, 2501338 Ontario Ltd.
Attachment 1 to
Report PDS-044-22
Enniskillen Estates Subdivision
Plan 40M-2583
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Attachment 2 to
Report PDS-044-22
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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-2583, 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 27 (0.3m Reserve)
2. That the streets and blocks shown on Plan 40M-2583, 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:
Lionel Byam Drive
Block 27 (0.3m Reserve)
Block 26 (Street widening)
Passed in open Council this XX day of MMM, 2022.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk