ADMINISTRATIVE REPORT

Date: June 30, 2000
Author/Local: Robert Florko/7805

RTS No. 1555

CC File No. 3651

Council: July 25, 2000

TO:	Vancouver City Council
FROM:	Director of Real Estate Services in consultation with the General Manager of Engineering Services and Director of Legal Services
SUBJECT:	Statutory Right of Way and License Agreement for the Dedicated Fire Protection System

RECOMMENDATION

A. THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of a Statutory Right of Way in connection to the Dedicated Fire Protection System over portions of the Bed and Foreshore of False Creek adjacent to Lot D, District Lot 185, Plan 20799 and District Lot 3610 for a nominal sum.

B. THAT Council also authorize the Director of Real Estate Services to proceed with a License Agreement in connection to the Dedicated Fire Protection System over portions of All that certain parcel or tract of land and premises situate, lying and being in the City of Vancouver, Province of British Columbia and comprised of a portion of District Lot 3610 (Kitsilano Indian Reserve No. 6) Group 1, New Westminster District.

C. THAT Council authorize the Director of Legal Services to execute on behalf of the City the Agreements on such terms and conditions as satisfactory to the Director of Legal Services, and that no right or obligation will arise or be created until all documents are fully executed to the satisfaction of the Director of Legal Services.

GENERAL MANAGER'S COMMENTS

The General Manager of Corporate Services RECOMMENDS approval of A, B and C.

COUNCIL POLICY

There is no applicable Council policy.

PURPOSE

This report requests Council's authorization to acquire a Statutory Right of Way and to enter into a License Agreement for the purpose of constructing the Dedicated Fire Protection System (see figure 2).

BACKGROUND

Design and construction of the Dedicated Fire Protection System (DFPS) began in 1990. To date, two pump stations and 5.7 kilometers of pipeline have been completed, covering the downtown core (figure 1).

The next phase of the project will expand the DFPS into the Kitsilano and Fairview Slopes areas of the City. To connect the downtown system with the south shore of False Creek, a horizontal directionally drilled (HDD) pipeline crossing of False Creek is proposed between Sunset Beach and Vanier Park. The proposed crossing location was chosen for it's combination of soil condition, seismic stability, length, cost and accessability. The proposed HDD pipeline crossing has been designed and is currently being tendered for construction. Engineering Services expects to report the results of the HDD pipeline crossing tender to Council in September of 2000.

The proposed pipeline crossing will be connected to the downtown DFPS via Bute Street, Beach Avenue and Sunset Beach. On the south shore of False Creek, the proposed pipeline will cross Vanier Park to Whyte Avenue. Engineering Services is currently investigating a number of possible pipeline routes in Kitsilano and Fairview Slopes, and will report their resulting recommendations to Council this fall.

CURRENT SITUATION

The British Columbia Assets and Land Corporation has agreed in principle to grant the City a Statutory Right of Way for that portion of the Dedicated Fire Protection System that passes through Sunset Beach Park and under False Creek.

The City would have preferred a similar agreement for that portion of the Dedicated Fire Protection System that passes through Vanier Park but a title has not been raised in the Provincial Land Title Office for the lands. Instead the Federal Government which owns Vanier Park has agreed to grant to the City a License Agreement for the Dedicated Fire Protection System, which will run concurrently with the existing City lease for Vanier Park. The Director of Real Estate Services is of the opinion that the arrangements made for the Statutory Right of Way and License Agreement are reasonable.

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(c) 1998 City of Vancouver