ADMINISTRATIVE REPORT

Date: January 25, 2001
Author/Local: M. McKay/6721

RTS No. 01871

CC File No. 5807

Council: February 13, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Legal Services
SUBJECT:	1100 Block West Cordova Street - Transfer of Lands for Road Purposes

RECOMMENDATION

A. THAT Council authorize the General Manager of Engineering Services to accept a transfer of the lands (Lot 32 of the Public Harbour of Burrard Inlet, Plan LMP 29895; Lot 33 of the Public Harbour of Burrard Inlet, Plan LMP 29895; and Lot 34 of the Public Harbour of Burrard Inlet, Plan LMP 29895) south of West Cordova Street between Bute Street and Thurlow Street shown hatched on the plan attached as Appendix "A" so as to facilitate the construction of West Cordova Street.

B. THAT Council instruct the Director of Legal Services to bring forward the formal resolutions required to establish the said Lots 32, 33, and 34 as road.

POLICY

The Vancouver Charter provides that the City is the owner of all streets and lanes in the City of Vancouver.

PURPOSE

The purpose of this report is to obtain Council authority to accept a transfer of the lands adjacent to the south side of West Cordova Street between Bute Street and Thurlow Street and to instruct the Director of Legal Services to establish the lands as road.

BACKGROUND

At a Public Hearing on June 29, 1995, Council approved Marathon's application for rezoning of 501 Bute Street (Harbour Green Neighbourhood) subject to a number of conditions, including the obligation to build the extension of West Cordova Street between Thurlow Street and Bute Street, and to close the gap between West Cordova Street and the abutting properties on the south side of this block.

As part of this process, the City reached an agreement with the adjacent property owners and the developer to accept the lots as shown in Appendix A (sketch plan on file in City Clerk's Office) and establish said lots as road. On July 25, 2000 Council authorized the Director of Legal Services to enter into encroachment agreements for works related to the Cordova Gap extension acceptable to the Director of Legal Services and the General Manager of Engineering Services. These works include ventilation systems for the adjacent parkades (1111, 1133, 1177 West Hastings), light well and street level driveway (1111 West Hastings), a street level pedestrian staircase to access the hotel (1133 West Hastings), and a service level lane and related works to access the hotel's loading dock (1133 West Hastings).

DISCUSSION

After extensive negotiations with the adjacent property owners, the City has prepared a series of encroachment agreements, which are now ready for registration with the Land Title Office. Currently, Marathon is the owner of Lots 32, 33, and 34; however, the encroachment agreements are between the City and the adjacent property owners. In order for the Director of Legal Services to register the encroachment agreements related to the Cordova Gap extension, the City is required to accept a transfer of the lands and to establish the lands as road.

Construction of the Cordova Gap extension and the related encroachments is now at the stage where the General Manager of Engineering Services in consultation with the Director of Legal Services feels that it is in the City's best interest to register these agreements. In order for these agreements to be registered, a transfer of lands is required.

CONCLUSION

The General Manager of Engineering Services, in consultation with the Director of Legal Services, recommends approval of the Recommendations A and B.

* * * * *

(c) 1998 City of Vancouver