ADMINISTRATIVE REPORT

Date: July 6, 2001
Author/Local: MG Thomson/7328

RTS No. 02192

CC File No. 5753

Council: July 31, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Real Estate Services
SUBJECT:	Proposed Closure of a Portion of the South Side of Charles Street at Nanaimo Street

RECOMMENDATION

A. THAT Council close, stop-up and convey to the abutting owner all those portions of the south side of Charles Street at Nanaimo Street the same as shown hatched on the plan attached hereto as Appendix "A" subject to the following conditions:

1. The portions of Charles Street to be closed are to be consolidated with the adjacent Lots 1 and 2 each except Part in Reference Plan 14210 and Lot 3 all Block 1, North West 1/4 of Section 33, Town of Hastings Suburban Lands, Plan 4870 the same as shown in heavy outline on Appendix "A" to the satisfaction of the Director of Legal Services;

2. The conveyance to be for the price of $ 179,100.00 plus G.S.T. if applicable for the 433 square metre (4,662 square foot) portion of Charles Street to be closed in accordance with the recommendation of the Director of Real Estate Services;

3. The abutting owner to be responsible for any necessary plans, documents and Land Title Office fees;

4. The abutting owner to be responsible for the relocation of the existing sidewalk and any utilities to the satisfaction of the General Manager of Engineering Services;

5. Any agreements are to be to the satisfaction of the Director of Legal Services; and

6. No legal obligation shall be created and none shall arise hereafter until the documents are executed.

B. THAT the $179,100.00 sale proceeds are to be credited to the Land Purchase Fund (the "LPF") to reimburse the LPF for the acquisition of a new City street east of Station Street, north of Industrial Avenue, and a widening of Industrial Avenue.

If Council approves this report, the Formal Resolution to close the subject portions of Charles Street will be before Council later this day for approval.

COUNCIL POLICY

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

Proceeds of the sale of surplus property, including City streets and lanes no longer required are credited to the Property Endowment Fund.

On March 6, 2001 Council approved the acquisition of a new north-south 66 foot wide road east of Station Street, north from Industrial Avenue and a widening of Industrial Avenue. The source of funds for the acquisition was the Land Purchase Fund.
PURPOSE

The purpose of this report is to obtain Council authority to close, stop-up, and convey to the abutting owner all those portions of the south side of Charles Street at Nanaimo Street, the same as shown hatched on Appendix "A".

BACKGROUND

Charles Street was originally created as 99 feet wide. Nanaimo Street at this location is also 99 feet wide.

Charles Street on the east side of Nanaimo Street does not align with Charles Street on the west side of Nanaimo Street. To reduce potential problems with this misalignment, in March 1929, the City prepared a plan (Reference Plan 14210) and in April 1929 established as road a 433 square metre (4662 square foot) portion of Lots 1 and 2 Block 1 North West 1/4 Section 33 Town of Hastings Subdivision Lands, Plan 4870 as road. The subject portions of Lots 1 and 2 are established as road by Document Filed 18601.

The City paid $1,250.00 to acquire the subject road in 1929.

DISCUSSION

While the sidewalk was realigned, the (vehicle) travelled portion of Charles Street maintains its original right angle intersection with Nanaimo Street. As Charles Street is not a major arterial road, this misalignment does not present a hazard. As such, the 4,662 square feet of Lots 1 and 2 now road are surplus to the City's needs and can be closed, stopped-up and conveyed to the abutting owner.

The owner of Lots 1 and 2 each except the Part in Reference Plan 14210 and Lot 3 all Block 1 North West 1/4 of Section 33 Town of Hastings Suburban Lands Plan 4870 has made application to purchase the subject portions of Charles Street for inclusion in a redevelopment of the corner.

The Director of Real Estate Services has negotiated a purchase price of $179,100.00 plus G.S.T. if applicable.

The portion of road to be closed will be consolidated with the abutting lands to form a single parcel the same as shown in the heavy outline on Appendix "A".

The applicant will be responsible for the costs to relocate the existing sidewalk and minor utilities (street lighting). These costs are currently estimated at $13,000.00.

Further, the applicant will be responsible for any necessary plans, documents and Land Title Office fees.

On March 6, 2001, Council approved a purchase of a new north-south road east of Station Street, north from Industrial Avenue and a widening of Industrial Avenue. The costs to the City were $890,871.00 and $92,643.00 respectively. The source of funds was the Land Purchase Fund. This acquisition was part of realization of the False Creek Flats structure plan.

As the subject road to be closed was purchased by the City for $1,250.00 in 1929, it is reasonable that proceeds from is sale be used to offset current road acquisitions. In this way, the 1929 purchase for $1,250.00 is leveraged to offset year 2001 needs.

As such, Recommendation B seeks to reimburse the "LPF" for a portion of its March, 2001 expenditures.

CONCLUSION

The subject portion of Charles Street is surplus to City needs. Therefore the General Manager of Engineering Services in consultation with the Director of Estate Services recommends the surplus portions of Charles Street be closed, stopped-up and conveyed to the abutting owner subject to the conditions set out in this report.

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(c) 1998 City of Vancouver