Vancouver City Council |
ADMINISTRATIVE REPORT
Date: March 10, 2003
Author/Local:MG Thomson/7328
RTS No. 03233
CC File No. 5753Council: April 8, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services in Consultation with the Director of Real Estate Services
SUBJECT:
Closure of a Portion of the North Side of Charles Street, West of Nanaimo Street
RECOMMENDATION
A. THAT Council close, stop-up and convey to the abutting owner all that portion of the north side of Charles Street, west of Nanaimo Street adjacent to Lot 5 of Lot 2, Block B, Plan 2319 and Lot 5, Lot 6; Lot 7 and Lot 8, both except part in Reference Plan 5905, all of Lot C Plan 5712; all of Block 134, District Lot 264A shown hatched on the plan attached hereto as Appendix "A", subject to the following conditions:
1. The abutting owners to pay $135,000 plus GST if applicable, for the 3524 square foot portion of road to be closed in accordance with the Recommendation of the Director of Real Estate Services. (The purchase price being inclusive of $70,000 estimated to realign the intersection.)
2. The subject road to be closed to be subdivided with the said Lot 5, Plan 2319; Lot 5 and Lot 6, Plan 5712 and the Remainder of Lot 7 and Lot 8, Plan 5712 to form a single parcel (the same as shown in heavy outline on Appendix "A") and to dedicate the East 4 feet of each lot (the same as shown cross-hatched on Appendix "A" and labelled as 593 square feet for lane, to the satisfaction of the Director of Legal Services and the Approving Officer;
3. The abutting owner to be responsible for any necessary plans, documents and Land Title Office fees;
4. The applicant to be responsible for all costs associated with construction of the new intersection, including but not limited to new curbs, gutters, sidewalks, street lighting, catch basins, etc.;
5. Any agreements are to be to the satisfaction of the Director of Legal Services; and
6. No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed by the parties hereto.
B. THAT $65,000 of the sale proceeds are to be credited to the Land Purchase Fund (the "LPF") to reimburse the LPF for the March 2001 acquisition of a new City street east of Station Street, north of Industrial Avenue, and a widening of Industrial Avenue, and future purchases for realignment of Industrial Avenue.
COUNCIL POLICY
The authority for closing and disposing of streets 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 a portion of the north side of Charles Street, west of Nanaimo Street.
BACKGROUND
On April 8, 1929 Council resolved to widen Charles Street at Nanaimo Street. The City paid the then owner of the lands, Arthur Eckford, $2,000.00 to purchase the area required for the said widening.
The result is that the City owns, in title, those portions of Lots 7 and 8 in Reference Plan 5905 both of Lot C, Block 134, District Lot 264A, Plan 5712, both established as road by document filed 18602. This is generally the area shown hatched on Appendix "A".
DISCUSSION
A prospective purchaser/developer of the lands on the west side of Nanaimo Street north of Charles Street, has made an application ot purchase the portions of the intersection that are excess to our needs.
The General Manager of Engineering Services has determined that we only require a 66-foot wide Charles Street at this location, and that a regular 90 degree intersection better suits our needs. Therefore, the 3524 square-foot portion of the north side of Charles Street, shown hatched on Appendix "A" is surplus to our needs.
The area can be closed, stopped-up and conveyed for inclusion in a redevelopment of the abutting Lot 5 of Lot 2, Block B, Plan 2319 and Lot 5, Lot 6; Lot 7 and Lot 8, both except part in Reference Plan 5905 all of Lot C Plan 5712; all of Block 134, District Lot 264A.
The lane at the rear of the subject properties is only 12 feet wide and we require an additional 4 feet from the properties on each side of the lane, so as to achieve our standard 20-foot lane.
As part of the sale, the applicant has agreed to dedicate for lane, the west 4 feet of Lot 5, Plan 2319; Lot 5 and Lot 6, Plan 5712 and the Remainder of Lot 7 and Lot 8, Plan 5712; the same as shown cross-hatched on Appendix "A" and to consolidate the lands into a single parcel as shown in heavy outline on Appendix "A".
The abutting owner will be responsible for all costs associated with construction of the new intersection, including but not limited to new curbs, gutters, sidewalks, street lighting, catch basins, etc.
The Director of Real Estate Services has negotiated a sale of the 3524 square feet of Charles Street as shown hatched on Appendix "A" for $135,000.00 plus GST, if applicable. The applicant is to make a cash payment of $65,000.00 and to reimburse the City for the full cost of the road and sidewalk realignments, currently estimated at $70,000.00.
The Director of Real Estate Services advises that the net sale price of $65,000 represents fair return for the net value of the area of road to be conveyed (3524 square feet of Charles Street less 593 square feet of lane to dedicated). The abutting owners will be responsible for all costs, plans, documents and Land Title Office fees required to complete the conveyance.
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 (the "LPF"). This acquisition was part of realization of the False Creek Flats structure plan. The Director of Real Estate Services is currently in negotiations to acquire lands so as to realign Industrial Avenue.
As the subject road to be closed was purchased by the City for $2,000.00 in 1929, it is reasonable that proceeds from this sale be used to offset current road acquisitions. In this way, the 1929 purchase for $2,000.00 is leveraged to offset current needs.
As such, Recommendation B seeks to reimburse the "LPF" for a portion of its March 2001 expenditures.
On July 31, 2001 Council, when dealing with a similar proposal (RTS 02192) on the east side of Nanaimo Street approved the use of the sale proceeds from that sale to reimburse the LPF.
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 Real 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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