Vancouver City Council |
ADMINISTRATIVE REPORT
Date: August 18, 2003
Author/Local: K. Turnbull/7156
RTS No. 03562
CC File No. 5753
Meeting Date: September 9, 2003
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 Hastings Street and West of Renfrew Street
RECOMMENDATION
A. THAT Council rescind the September 17, 2002 motion to approve the recommendation of the General Manager of Engineering Services as contained in his report dated August 28, 2002, to close, stop-up and convey a portion of the lane north of Hastings Street, west of Renfrew Street to the owner of abutting Lot C of Lot 50, Town of Hastings Suburban Lands, Plan 12876 subject to certain conditions .
B. THAT Council close, stop-up and convey to the abutting owner all that portion of the lane north of Hastings Street and west of Renfrew Street, shown hatched on the plan attached as Appendix "A", subject to the following conditions:
1. The 92 square metre (990 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 172.2 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 enterinto an easement agreement with the said Strata Corporation, the owner of Lot C 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 $45,000 as the value for the 80.2 square metre (863 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 Hastings Street and west of Renfrew Street (see Appendix "A") that is no longer required for road purposes.
BACKGROUND
On September 17, 2002, Council approved to close, stop-up and convey a portion of the lane to the abutting owner of Lot C of Lot 50, Town of Hastings Suburban Lands, Plan 12876. The purchase and sale contract did not complete and a new contract was negotiated. The area which was sought for road widening along Hastings Street, which formed a part of the land exchange and sale of the lane, was reduced in size, therefore altering the dollar value sought for the sale of the lane.
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 Hastings Street at this location and the proposed road dedication meets this requirement.
DISCUSSION
The property at the northwest corner of 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 172.2 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 92 square metre (990 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 $45,000 as the value for the 80.2 square metre (863 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 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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