BC Place Gap Site - Road Establishment and Closure

ADMINISTRATIVE REPORT

Date: May 22, 2001
Author/Local:M.G.Thomson/7328

RTS No. 02098

CC File No. 5753

Council: June 12, 2001

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services in Consultation with the Director of Real Estate Services, the Director of Legal Services, the Director of Current Planning and the City Manager

SUBJECT:

B.C. Place Gap Site - Road Establishment and Closure

RECOMMENDATIONS

A. THAT Council accept the conveyance of all that portion of Lot 157 False Creek Plan 21735 as shown in heavy outline on the plan attached as Appendix "A" (on file in City Clerk's Office) subject to the following conditions:

a. The conveyance to occur for a nominal sum of $10.00;

b. That the Director of Legal Services bring forward a resolution to establish the subject portion of Lot 157 as road; and

c. Such other things as may be required or deemed necessary by the General Manager of Engineering Services, the Director of Legal Services and the City Manager.

If Council approves this recommendation, the Formal Resolution to establish this portion of Lot 157 as road will be before Council later this day for approval.

B. THAT Council accept the conveyance of all that portion of Lot 157 False Creek Plan 21735 as shown hatched on the plan attached as Appendix "A" subject to the following conditions:

a. The conveyance to occur for a nominal sum of $10.00;

b. That the Director of Legal Services bring forward a resolution to establish the subject portion of Lot 157 as road; and

c. Such other things as may be required or deemed necessary by the General Manager of Engineering Services, the Director of Legal Services and the City Manager.

If Council approves this recommendation, the Formal Resolution to establish this portion of Lot 157 as road will be before Council later this day for approval.

C. THAT the Director of Legal Services be authorized to enter into encroachment agreements , easements or other agreements as necessary to allow portions of the structure on Lot 157 to remain on the portions to be conveyed to the City as road as described in Recommendations A and B subject to the following conditions:

a. the annual fee for any such encroachments to be nil;

b. the term of the encroachment to be the life of the structure; and

c. such other things as may be required or deemed necessary by the General Manager of Engineering Services, the Director of Legal Services and the City Manager.

D. THAT Council close, stop-up and convey to the owner of abutting Lot 237, False Creek, Plan LMP 13010 all that portion of City street as shown hatched on the plan attached as Appendix "B" (on file in City Clerk's Office) subject to the following conditions:

a. The conveyance to occur for a nominal sum of $10.00;

b. All that portion of road to be closed be consolidated with the "balance" of Lot 237 to form a single parcel the same as shown within the heavy outline on the plan attached hereto as Appendix "B"; and

c. All such other things as may be required or deemed necessary by the General Manager of Engineering Services, the City Manager and the Director of Legal Services to complete the conveyance.

If Council approves this recommendation, the Formal Resolution to closethis portion of City road will be before Council later this day for approval.

E. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties, and registered in the Land Title Office where applicable.

F. THAT once the form of all legal documentation and plans has been approved by the General Manager of Engineering Services and the Director of Legal Services, the Director of Legal Services be authorized to execute and deliver such documentation and plans on behalf of the City.

COUNCIL POLICY

The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.

On March 8, 2001 Council approved a Text Amendment for 875 Expo Boulevard (858 Beatty Street) subject to certain conditions.

On June 5, 2001 Council approved an exchange of lands involving portions of Beatty Street, Smithe Street and Expo Boulevard adjacent to Lot 237 (858 Beatty Street).

PURPOSE

The purpose of this report is to seek Council authority to:

1. accept conveyance of a portion of Lot 157 for widening of Expo Boulevard;

2. accept conveyance of the portion of Lot 157 that forms the B.C. Place Gap site; and

3. close, stop-up and convey the B.C. Place Gap site to the adjacent owners.

BACKGROUND

Lot 157, False Creek, Plan 21735 is presently owned by B.C. Pavilion Corporation and is physically comprised of the Terry Fox Plaza, the B.C. Place Stadium Plaza and an area described as the B.C. Place Gap site.

The B.C. Place Gap site is comprised of those portions of Lot 157 as shown both hatched and heavy outlined on the plan attached as Appendix "A". The report related to the March 8, 2001 approval of a text amendment for the CD-1-By-law for 875 Expo Boulevard (858Beatty Street, Lot 237) discussed opportunities to develop both Lot 237 and the B.C. Place Gap site in a comprehensive manner.

City staff have been working with the parties, (B.C. Pavilion Corporation, P.C.I. Developments Corporation and Pacific Place Holdings Limited) to facilitate a comprehensive development of Lot 237 and the B.C. Place Gap site.

This report details the methodology to transfer portions of the B.C. Pavilion Corporation's Lot 157 to the City, for widening of Expo Boulevard and to facilitate the development of 858 Beatty Street (Lot 237).

DISCUSSION

The portion of the B.C. Place Gap site shown heavy outlined on Appendix "A" is required for road purposes. On build-out of Lot 237, the heavy outlined area will contain the widened Expo Boulevard sidewalk.

The portion of the B.C. Place Gap site shown hatched on Appendix "A" and also shown hatched on Appendix "B" will be included in a comprehensive redevelopment of Lot 237. It is necessary to first convey to the City the portion of Lot 157 shown in Appendix "A" as road. This is done to facilitate the transfer and to ensure that all encroachments of structures from the B.C. Place Stadium Plaza, including columns and portions of the parkade on Lot 157 are appropriately addressed. The encroachments will be validated for the life of the structures and the agreements granted with no annual fee.

Once these issues are addressed the portion of the B.C. Place Gap site shown hatched on Appendix "B" can be closed, stopped-up and conveyed to the owner of the balance of Lot 237 for consolidation into a single parcel.

The conveyances will occur on terms and conditions as required or deemed necessary by the General Manager of Engineering Services, the Director of Legal Services or the City Manager.

CONCLUSION

The General Manager of Engineering Services in consultation with the Director of Real Estate Services, the Director of Legal Services and the Director of Current Planning recommend approval of Recommendations A to F so as to facilitate the development of the B.C. Place Gap site, in a comprehensive manner with the balance of Lot 237.

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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Real Estate Services, the Director of Legal Services, the Director of Current Planning and the City Manager
SUBJECT:	B.C. Place Gap Site - Road Establishment and Closure