ADMINISTRATIVE REPORT

Date: June 27, 2001
Author/Local: Alice Yee/7180

RTS No. 2179

CC File No. 5807

Council: July 10, 2001

TO:	Vancouver City Council
FROM:	Director of Real Estate Services in consultation with the General Manager of Engineering Services and the Director of Legal Services
SUBJECT:	Statutory Right of Way Agreement for Storm Drain over Crown Lands

RECOMMENDATION

A. THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of a Statutory Right of Way in favour of the City in connection with the construction of a storm drain over a portion Block 1A, District Lot 140, Group 1, NWD for a nominal sum, as set out in this Report.

B. THAT Council authorize the Director of Legal Services to execute on behalf of the City such agreements with the Province as are necessary to effect this relationship, provided they are on such terms and conditions as satisfactory to the Director of Legal Services, and on the basis that no rights or obligations will arise hereunder or be created hereby until all documents are executed to the satisfaction of the Director of Legal Services.

C. THAT the Director of Legal Services, in consultation with the General Manager of Engineering Services, be given blanket authority to enter into Statutory Right of Way agreements on Crown Land.

GENERAL MANAGER'S COMMENTS

The General Manager of Corporate Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

There is no direct applicable Council policy.

PURPOSE

This report requests Council's authorization to acquire a Statutory Right of Way in favour of the City and to enter into an agreement for the purpose of constructing a storm drain over the Crown Land, as shown in Appendix A (on file in City Clerk's Office).

DISCUSSION

4791 Belmont Avenue, legally described as Lot 9, Block 1, District Lot 140, Plan 6583; lies on top of a large bluff. At present, storm water run-off finds its way down the bank towards N. W. Marine Drive. There is an ongoing erosion of the bank and a risk to its stability northerly of Lot 9. The City of Vancouver's Sewer Drainage & Design Branch has approached the Province to request permission to construct storm drainage works on Crown Land adjacent to 4791 Belmont Avenue that will facilitate the safe disposing of run-off down the slope. The Province has agreed to grant the City the right to construct and maintain these works over Crown Land for a nominal fee. The other terms of the relationship proposed by the Province are generally acceptable to staff and so Council authority is now sought to enter into appropriate contractual relations.

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(c) 1998 City of Vancouver