Vancouver City Council |
ADMINISTRATIVE REPORT
Date: July 4, 2003
Author/Local: K. Turnbull/7156
RTS No. 03506
CC File No. 5807
Meeting Date: July 22, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services in Consultation with the Director of Real Estate Services
SUBJECT:
111 Alexander Street - Land Exchange
RECOMMENDATION
A. THAT Council authorize the General Manager of Engineering Services and the Director of Real Estate Services to proceed with all arrangements as required to exchange approximately one (1) square metre of City-owned Lot 25, except Part in the right of way of the Canadian Pacific Railway Company and Part in Reference Plan 10341, Block 1, District Lot 196, Plan 184 ("Lot 25"), for approximately one (1) square metre of Lot 1, District Lot 196 and the Public Harbour of Burrard Inlet, Plan 21506 ("Lot 1"), owned by FHR Properties Inc. as generally shown in APPENDIX A, and more particularly detailed in Appendix B; so as to facilitate the Greater Vancouver Regional District (the GVRD) upgrade of the Columbia Sewage Pump Station subject to the following conditions:
1. The transfers of land required to complete the exchange to be at nominal $10.00 each;
2. The exchange to be completed on an "as is, where is" basis;
3. The GVRD to be responsible for all costs including legal and survey fees, any necessary plans, documents and Land Title Office fees;
4. The portion of Lot 1 obtained from FHR Properties Inc. to be consolidated with City-owned Lots 20, 21, 22 and 23, except part in the right of way of the Canadian Pacific Railway and Lots 24 and 25, except part in the right of way of the Canadian Pacific Railway and Part in Reference Plan 10341 all of Block 1, District Lot 196, Plan 184 ("Lots 20 to 25");
5. The portion of City-owned Lot 25 obtained by FHR Properties Inc. to be consolidated with the balance of Lot 1;
6. Any agreements are to be to the satisfaction of the Director of Legal Services; and
7. No legal right shall arise and no consents, or permissions are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties, and registered in the Land Title Office where applicable.
B. THAT the Director of Legal Services be authorized to execute the plans, transfers and all documents required to complete Recommendation A, on behalf of the City.
COUNCIL POLICY
The authority for land transactions is set out in the Vancouver Charter.
On February 19, 2002, Council approved the registration of a Statutory Right of Way over Lots 20 to 25 to allow for the anticipated upgrade to the Columbia Pump Station.
PURPOSE
The purpose of this report is to obtain Council authority to exchange a portion of City-owned Lot 25 with an equal area of privately-owned Lot 1 to facilitate the upgrading of the Columbia Sewage Pump Station.
BACKGROUND
The GVRD has identified a need to upgrade the existing Columbia Pump Station located on City-owned Lots 20 and 21. The upgrade will require construction over City-owned Lots 22 to 25 to the east. On February 19, 2002, Council approved a Statutory Right-of-Way to
accommodate the sewer pump station which was registered on the titles of Lots 20 to 25 on June 13, 2002 as BT205931 in favour of the Greater Vancouver Sewerage and Drainage District. The building straddling these lands is vacant and is scheduled for demolition.
DISCUSSION
Over the last year the GVRD and City staff have worked to finalize plans for the pump station expansion. The fact that for the most part Lots 20 to 25 are (only) 3.8 metres in depth has proven a challenge to accommodate the pump station and under the current design the building will encroach onto Lot 1 into the one square metre triangle detailed on Appendix B. The GVRD and City staff have attempted to negotiate the purchase of this tiny portion of Lot 1 from the representative of the owner. These negotiations have not been successful.
The owner of Lot 1 is however prepared to complete an exchange of an equal area of a portion of City-owned Lot 25 for the required portion of Lot 1, subject to there being no costs to the owner of Lot 1.
An exchange has a number of benefits, the most significant being that it will be completed as an "as is, where is" basis. That is the parties have agreed that there will be no examination of soil conditions, for two reasons. Firstly any issue with soils quality will be identical for both portions of land involved in the exchange and secondly, the excavation for the pump station foundation will result in the existing soil being removed.
The GVRD, the beneficiary of the exchange will pay all costs, including legal and survey fees, plans, documents and Land Title Office fees.
Once the portion of Lot 1 is acquired and consolidated with Lots 20 to 25 the GVRD will finalize the design of the pump station and proceed with an application to the City for a Development Permit. It is anticipated that the pump station will encroach onto Alexander Street. Staff anticipate reporting to Council at that time for authorities to allow the encroachment.
The exchange of this triangle with a triangular portion of the north east corner of Lot 25 will accommodate the building within Lots 20 to 25, without encroachment onto privately held lands.
CONCLUSION
The General Manager of Engineering Services, in consultation with the Director of Real Estate Services support approval of Recommendation A and B.
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