Vancouver City Council |
ADMINISTRATIVE REPORT
Date: November 25, 2002
Author/Local: M. Robertson/7321
RTS No. 3108
CC File No. 1203Council: December 10, 2002
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services, in consultation with the Director of Legal Services
SUBJECT:
Trans Canada Trail Overpass over the Canadian National Railway (CNR) Right-of-Way, Tracks and Tunnel
RECOMMENDATION
THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services, be authorized to negotiate an agreement with the Canadian National Railway (CNR) for the crossing of the Trans Canada Trail Overpass over the CNR tunnel under the Second Narrows Bridge, which agreement may include certain obligations of the City to indemnify CNR, on the basis that no legal relations are hereby created and none shall arise hereunder until an agreement drawn to the satisfaction of the Director of Legal Services is executed by her on behalf of the City.
COUNCIL POLICY
Council has indicated an order of priority for transportation that places the highest priority on pedestrians, followed secondly by bicycles.
PURPOSE
The purpose of this report is to seek Council authorization for the City to enter into an agreement with the Canadian National Railway (CNR) which will permit the City to construct an overpass over certain works of the railway, just to the east of the Second Narrows Bridge, as an integral part of the portion of the Trans Canada Trail which passes through Vancouver.
BACKGROUND
On February 22, 2000, the construction of the eastern extension of the Trans Canada Trail through Vancouver was approved. This section of the bikeway/greenway completes the route through Vancouver and provides cyclists and pedestrians with convenient access under the Second Narrows Bridge. At Skeena Street, the shared pathway follows a benched service road for a GVRD sewer main towards the CNR tunnel below the Second Narrows Bridge. At the CNR tunnel there is a gap in the bench that needs to be crossed with an overpass. The construction of the overpass is the only remaining section of the Trail to be constructed through Vancouver.
DISCUSSION
CNR requires that the City enter an agreement to set out the terms upon which the railway will permit the City to construct the overpass. A key element of any agreement appears to be the railway's requirement that the City indemnify the railway for risks associated with such an overpass, and this has been agreed to by the City in other similar relations concerning the crossing of railway works.
CONCLUSION
The final link in the Trans Canada Trail through the City of Vancouver is the construction of the pedestrian overpass over the CNR right-of-way, tracks and tunnel under the Second Narrows Bridge. This is a vital link in the overall trail. It is required that an agreement be entered into with the CNR allowing for the construction of the overpass over their right-of-way, track and tunnel. Staff recommend that Council authorize the General Manager of Engineering Services to negotiate an agreement, which may include an indemnification of CNR by the City, on terms satisfactory to the Director of Legal Services.
* * * * *