2895 East Hastings St - Proposed Closure and Sale of Portion of Lane North of E Hastings

ADMINISTRATIVE REPORT

Date: August 28, 2002
Author/Local: A. Di Nozzi/7329

RTS No. 02927

CC File Nos. 5753/5102

Council: September 17, 2002

TO:

Vancouver City Council

FROM:

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

SUBJECT:

2895 East Hastings Street - Proposed Closure and Sale of a Portion of Lane North of East Hastings Street and West of Renfrew Street

RECOMMENDATION

THAT Council close, stop-up and convey to the abutting owner all that portion of the lane north of East Hastings Street and west of Renfrew Street, shown hatched on the plan attached as Appendix "A", subject to the following conditions:

1. The 120.7 square metre (1,300 square feet) portion of Lot C of Lot 50, Town of Hastings Suburban Lands, Plan 12876, shown heavy outlined on the plan attached as Appendix "A", is to be dedicated for road purposes to the satisfaction of the Director of Legal Services and the Approving Officer;

2. The 172.1 square metre (1,853 square feet) portion of said closed lane is to be consolidated with the remainder of Lot C into one parcel to the satisfaction of the Director of Legal Services;

3. The abutting owner to enter into an easement agreement with the Strata Corporation of Plan LMS307 to accommodate the existing projections from the south wall of the building owned by the Strata Corporation. The easement to be registered concurrently with the registration of the consolidation plan, or alternatively, if the abutting owner does not enter into an easement agreement with the said Strata Corporation, the abutting owner will grant a statutory right-of-way in favour of the City, accommodating the said existing projections, to the satisfaction of the Director of Legal Services. The statutory right-of-way to be registered concurrently with the registration of the consolidation plan;

4. The abutting owner to pay $20,000 as the value for the 51.4 square metre (553 square feet) difference between the portion of lane to be closed and the road to be dedicated, in accordance with the recommendation of the Director of Real Estate Services. The sale revenue to be credited to account 490700, cost centre 80040 (Property Sale);

5. The abutting owner to pay the costs to seal off an existing catch basin on the lane at Renfrew Street, install two new catch basins on the lane west of Renfrew Street, relocate the B.C. Hydro utilities in the lane to be closed and to remove a concrete sign base or break it down to two (2) feet below ground level in the proposed road to be dedicated, all to the satisfaction of the General Manager of Engineering Services;

6. The abutting owner to be responsible for any soils studies or remediation required by the Approving Officer on the portion of lane to be closed;

7. The abutting owner to be responsible for any necessary plans and documents;

8. Any agreements are to be to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;

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

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 obtain Council approval to close, stop-up and convey to the abutting owner a portion of the lane north of East Hastings Street and west of Renfrew Street (see Appendix "A") that is no longer required for road purposes.

BACKGROUND

The subject portion of lane to be closed was dedicated by the deposit of Plan 12876 in January 1968. It provided a continuous lane for the full length of the block from Renfrew Street westerly to Kaslo Street. In 1988 the City acquired, through an exchange, the property necessary to provide a standard 20 foot wide lane outlet from the block, northerly of the subject site, to Franklin Street.

The outlet to Franklin Street is preferred to an outlet to Renfrew Street for safety and traffic flow reasons. Therefore, the portion of lane that provides an outlet to Renfrew Street is redundant and could be closed, stopped-up and conveyed to the abutting owner. The City has a desire for a future widening of East Hastings Street at this location and the proposed road dedication meets this requirement.

DISCUSSION

The property at the northwest corner of East Hastings Street and Renfrew Street (Lot C of Lot 50, Town of Hastings Suburban Lands, Plan 12876) is currently owned by Shell Canada Limited and was operating, until a few years ago, as a gas station. Shell Canada Limited is negotiating to sell the subject property to Aquilini Investment Group Inc. A proposal for redevelopment of the subject property by the purchasers has been submitted to the City.

Conditions of redevelopment include the closure of the 172.1 square metre (1,853 square feet) portion of lane shown hatched on the plan attached as Appendix "A" and the dedication for road of the 120.7 square metre (1,300 square feet) portion of Lot C shown in heavy outline on the plan attached as Appendix "A". Aquilini Investment Group Inc. has agreed to pay the purchase price of $20,000 as the value for the 51.4 square metre (553 square feet) difference in area of lane to be closed and road to be dedicated.

The purchase price does not include the costs to seal off an existing catch basin on the lane at Renfrew Street, install two new catch basins on the lane west of Renfrew Street, relocate the B.C. Hydro utilities in the lane and to remove a concrete sign base or break it down to two (2) feet below ground level in the proposed road to be dedicated. The completion of the relocation and installation of the utilities and the removal of the concrete sign base to the satisfaction of the General Manager of Engineering Services is a condition of the sale to Aquilini Investment Group Inc. Aquilini Investment Group Inc. will be responsible for all costs associated with any soil studies or remediation that may be required to ensure that the subject properties are suitable for redevelopment. The portion of lane to be closed will be consolidated with the remainder of Lot C to create one parcel.

The purchasers have agreed to enter into an Easement Agreement with the Strata Corporation of Plan LMS307 to accommodate the existing projections of vents and other minor architectural appurtenances from the south wall of the building owned by the Strata Corporation. The easement is to be registered concurrently with the registration of the consolidation plan. Alternatively, if the purchasers are unable to enter into an easement agreement with the Strata Corporation, the purchasers will grant a statutory right-of-way in favour of the City, accommodating the existing projections, to the satisfaction of the Director of Legal Services. The statutory right-of-way is to be registered concurrently with the registration of the consolidation plan.

CONCLUSION

Engineering Services has reviewed the proposal and finds that there are benefits to the elimination of the lane outlet to Renfrew Street and benefits to the acquisition of a desired widening strip on the north side of East Hastings Street. Therefore, the General Manager of Engineering Services, in consultation with the Director of Real Estate Services, recommends approval of the Recommendation.

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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Real Estate Services
SUBJECT:	2895 East Hastings Street - Proposed Closure and Sale of a Portion of Lane North of East Hastings Street and West of Renfrew Street