Proposed Encroachment Agreement for Portion of Yale Street, vicinity of Commissioner Overpass

ADMINISTRATIVE REPORT

Date: October 11, 2001
Author/Local: M.G Thomson/7328 RTS No. 02355
CC File No. 1203

Council: October 30, 2001

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services in Consultation with the Director of Real Estate Services

SUBJECT:

Proposed Encroachment Agreement for a Portion of Yale Street, in the Vicinity of the Commissioner Overpass

RECOMMENDATION

THAT Council authorize the Director of Legal Services to enter into an "Encroachment Agreement" for the purpose (of construction) of rail lines with Canadian Pacific Railway Company for all that portion of Yale Street, adjacent to (City-owned) Lot 3 and (privately-owned) Lot 4, both Block U, District Lot 1216, Town of Hastings, Plan 21509, and (City-owned) Parcel 1, Town of Hastings, and Bed and Foreshore of Burrard Inlet, Plan LMP 40200, the same as shown hatched and marked "Encroachment Area" on the plan attached hereto as Appendix "A", subject to the following conditions:

1. The Encroachment Agreement to be registered against Canadian Pacific Railway Company owned Lot G and Lot H, Town of Hastings, Plan 16178;

2. The Encroachment Agreement to contain a three (3) month notice of termination should the Encroachment Area be required for any municipal purpose;

3. The fee to be $10.00 for the term;

4. The Encroachment Area to be used for installation of railway tracks;

5. There are to be no buildings or structures other than railway tracks on the Encroachment Area;

6. Canadian Pacific Railway Company to maintain the Encroachment Area in a neat, tidy and safe condition, including responsibility for drainage, to the satisfaction of the City Engineer;

7. Upon expiry or termination of the Encroachment Agreement, Canadian Pacific Railway Company is to be responsible for restoration of the Encroachment Area to the satisfaction of the City Engineer;

8. The City and utility companies are to have the right of entry, at any time, to the Encroachment Area for the purpose of installing, maintaining, and repairing public utilities;

9. Canadian Pacific Railway Company to assume full responsibility for liability, loss and damage resulting from their use of the encroachment area;

10. The Encroachment Agreement to be to the satisfaction of the Director of Legal Services and the City Engineer, and may contain other terms and conditions to the satisfaction of the Director of Legal Services; and

11. No legal rights or obligations shall be created hereby and none shall arise hereafter until execution of the Encroachment Agreement.

COUNCIL POLICY

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

PURPOSE

The purpose of this report is to seek Council authority to enter into an Encroachment Agreement with Canadian Pacific Railway Company for a portion of Yale Street in the vicinity of the Commissioner Overpass.

BACKGROUND

In 1995, while planning for the operations of the West Coast Express, it was determined that the project would lead to an upgrading and relocation of Canadian Pacific Railway Company tracks in various areas.

The work proceeded, and the West Coast Express service is now fully operational.

There were a number of complex land issues involving many parties, including the City, Canadian Pacific Railway Company, the Vancouver Port Authority and B.C. Transit that had to be resolved. These complex issues, such as the Powell Street Relocation Project, occupied the focus of the parties.

During this same general period, the Commissioner Overpass Project was constructed and the new Port Roadway opened.

The above referred-to track relocations included the addition of a new track within City-owned Yale Street adjacent to City-owned Lot 3, being a portion of New Brighton Park and privately-owned Lot 4, being commonly referred to as the Lafarge property, both Block U, District Lot 1216, Town of Hastings, Plan 21509, and City-owned Parcel 1, Town of Hastings and Bed and Foreshore of Burrard Inlet, Plan LMP 40200, which is also a portion of New Brighton Park.

The Canadian Pacific Railway Company is the owner of Lot G and Lot H, Town of Hastings, Plan 16178. Lot G and Lot H lie southerly of the subject portion of Yale Street and are fully encumbered by rail tracks.

The construction proceeded without a formal legal agreement in place, primarily because the complexities of the various other agreements took the focus of the resources of the various parties.

DISCUSSION

The subject portion of Yale Street as shown hatched on Appendix "A" (on file in City Clerk's Office) has not been opened as road. The longtime presence of adjacent rail tracks and grade issues have meant that this portion of dedicated City-street has not functioned as a City road.
Its only purpose at present is to serve as "legal" access to certain titled lands. It does not serve as physical access.

This report seeks Council authority to formalize the occupation of a portion of Yale Street by Canadian Pacific Railway Company. The main object is to validate the existence of the extra trackage, and to provide the City with indemnities for any damage that may result from this extra trackage.

As the portion of Yale Street does not presently have another municipal use, and that the sole beneficiary is the operation of the West Coast Express, we are recommending that the legalarrangement be by way of an Encroachment Agreement registered against Lot G and Lot H for a nominal $10.00 for the life of the agreement.

We will retain the right to reclaim the area on three (3) months notice of termination with six (6) months to remove the tracks if the Encroachment Area is required for any municipal purpose.

CONCLUSION

The Encroachment Agreement, the form of which has now been agreed to by the Director of Legal Services and the solicitor for the Canadian Pacific Railway Company, will provide for the indemnification of the City and will require Canadian Pacific Railway Company to be responsible for maintenance of the area.

The future of the area will be assured by the cancellation provisions.

It is recommended that Council approve the Encroachment Agreement, subject to the conditions set out in the report.

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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Real Estate Services
SUBJECT:	Proposed Encroachment Agreement for a Portion of Yale Street, in the Vicinity of the Commissioner Overpass