Proposed Lease of a Portion of the Lane West of Templeton Drive, North of Fourth Avenue

ADMINISTRATIVE REPORT

Date: September 23, 2002
Author/Local:M.G Thomson/7328

RTS No. 02982

CC File No. 5104

Council: October 8, 2002

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services

SUBJECT:

Proposed Lease of a Portion of the Lane West of
Templeton Drive, North of Fourth Avenue

RECOMMENDATION

THAT Council close, stop-up and lease to the abutting owner (the "Lessee") all that portion of the lane, west of Templeton Drive, north of 4^th Avenue, adjacent to 1951 Templeton Drive, being Lot 20, except the West 20 feet of Lots 2 and 5 Block A of Block 148, District Lot 264A, Plans 709 and 1771, shown hatched on the plan attached hereto as Appendix "A", subject to the following conditions:

1. The term of the lease to be five (5) years, with a three (3) month notice of cancellation should the lease area be required for any municipal purpose;

2. The annual rental to be nil;

3. The lease area to be used for landscaping only;

4. There are to be no permanent buildings or structures on the lease area, although a fence and a temporary garden shed is allowable;

5. The Lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the City Engineer;

6. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the City Engineer;

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

8. The Lessee to assume full responsibility for liabilities, loss and damages from their occupancy or use of the lease area, and to insure the proposed lease area with a comprehensive general liability insurance policy to the satisfaction of the Director of Risk Management;

9. The lease 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 the City Engineer.

It should be noted that no legal right or obligation is created and none shall arise until execution of the lease.

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 close, stop-up and lease to the abutting owner a portion of the lane at the rear of 1951 Templeton Drive.

BACKGROUND

On January 23, 1923 the City acquired, under title, all of Lot 20 of Blocks 2 to 5, Block A of Block 148, District Lot 264A, Plans 709 and 1771 ("Lot 20") at 1951 Templeton Drive. On August 7, 1945 Council established the West 20 feet of Lot 20 as lane, the formal resolution being filed in the Land Title Office as document filed 40494. On July 21, 1947 Council resolved to convey the balance of Lot 20 to private owners.

The subject portion of lane, the West 20 feet of Lot 20 is shown hatched on Appendix "A".

The subject portion of lane is land-locked, that is isolated, such that it does not connect to any other City street or lane.

DISCUSSION

The current owner of Lot 20 has sought to be able to fence and maintain the subject portion of lane. Staff have advised that we have no objection to such an arangement. However, the owner of Lot 20 seeks a more formal arrangement.

As the City cannot access the subject lane, staff support the lease, at a nominal fee, in exchange for maintenance of the area, as shown hatched on Appendix "A". The lease to allow use of the area, a fence, soft landscaping and a temporary garden shed. No permanent structures will be allowed in the lease area.

To give the applicant use of the area and provide the City with appropriate indemnities, it is necessary to close, stop-up and lease the subject area.

We will retain the right to reclaim the area on three (3) months notice if required for any municipal purposes.

CONCLUSION

The proposed lease will provide for the indemnification of the City and will require that the Lessee be responsible for the maintenance of the lease area. The future use of the lease area will be assured through the cancellation provisions in the lease. It is therefore recommended that Council approve the lease, subject to the conditions set out in this report.

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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Lease of a Portion of the Lane West of Templeton Drive, North of Fourth Avenue