ADMINISTRATIVE REPORT

Date: May 15, 2001
Author/Local:M.G.Thomson/7328

RTS No. 02059

CC File No. 5807

Council: June 12, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Legal Services
SUBJECT:	1162 East 13th Avenue Assignment of Right-of-Way to the Greater Vancouver Sewerage and Drainage District

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to execute on behalf of the City an assignment of registered charge 170815M from the City to the Greater Vancouver Sewerage and Drainage District (the "G.V.S. & D.D.") as the said charge is registered over Lot 40, except the South 5 feet now lane, Block 172 District Lot 264A, Plans 222 and 1771 at 1162 East 13th Avenue.

B. THAT Council grant Standing Authority to the Director of Legal Services to assign City owned rights-of-way to the G.V.S.&D.D. when the General Manager of Engineering Services has agreed to such an assignment in accordance with the provisions of this report and the documentation is drawn to the satisfaction of the Director of Legal Services.

COUNCIL POLICY

There is no Council Policy directly related to this matter.

PURPOSE

The purpose of this report is to seek Council authority for the Director of Legal Services to:

1. execute an assignment of registered charge 170815M from the City to the G.V.S. &D.D.; and

2. to grant a "Standing Authority" for the Director of Legal Services to execute assignments of rights-of-way to the G.V.S. & D.D. where the General Manager of Engineering Services supports such assignments.

BACKGROUND

On May 22, 1953 an agreement was registered as Easement and Indemnity Agreement 170815M against the title to privately-owned Lot 40, except the South 5 feet now lane, Block 172, District Lot 264A, Plans 222 and 1771 at 1162 East 13th Avenue.

The charge is in fact a right-of-way for a 72" x 72" concrete culvert owned by the G.V.S. & D.D. and being a portion of the China Creek Trunk-Canoe Creek Branch sewer line. The sewer line traverses the site diagonally. The location of the sewer line is identified on the plan attached as Appendix "A" (on file in City Clerk's Office).

The Greater Vancouver Regional District has approached the General Manager of Engineering Services with a proposal that the City assign many of its utility corridors, other than those on City street, to the G.V.S.&D.D.

DISCUSSION

The General Manager of Engineering Services has reviewed this request and finds that he cannot support the assignment of many such rights-of-way. In particular, he does not support an assignment where:

(a) a right-of-way is an integral part of our street system by being parallel to, contiguous to, or a production of current City streets and, as such, should be available for City works or those of other utility companies; or

(b) other works, besides those of the G.V.S.&D.D. are in a right-of-way; or

(c) the right-of-way is over City owned property.

The General Manager of Engineering Services would like to evaluate each request on a case by case basis.

In the particular situation before Council in this report, the General Manager of Engineering Services does not anticipate a future City need for it, the only works presently in the right-of-way belong to the G.V.S.&D.D., and there does not appear to be room therein to install other utilities. Therefore the General Manager of Engineer Services recommends the City agreeto this assignment.

The standing authority sought in this report is only for assignment of rights-of-way to the G.V.S.&D.D. and would only be exercised if the General Manager of Engineering Services were satisfied that the criteria set out in (a), (b), and (c) above were not applicable and the City had no present or future need for them.

CONCLUSION

The General Manager of Engineering Services in consultation with the Director of Legal Services recommends Council approve Recommendations "A" and "B".

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(c) 1998 City of Vancouver