Vancouver City Council |
ADMINISTRATIVE REPORT
Date: October 31, 2003
Author/Local: M. Thomson/7328
RTS No. 03676
CC File No. 5753
Meeting Date: December 2, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services in Consultation with the Director of Real Estate Services and the Director of Legal Services
SUBJECT:
Closure of a Portion of 12th Avenue between Kaslo Street and Renfrew Street
RECOMMENDATION
A. THAT Council close, stop-up and convey to British Columbia Transit all that portion (0.111 Ha) of 12th Avenue lying between Kaslo Street and Renfrew Street as shown hatched on the plan attached hereto as Appendix "A", subject to the following conditions:
1. The portion of 12th Avenue to be closed to be consolidated with those portions of (P.I.D. 008-759-979) Block 7, South ½ of Section 35, Town of Hastings Suburban Lands, Plan 2059 and (P.I.D. 024-798-193) Parcel 2 (Statutory Right-of-Way Plan 46069) of Part (Reference Plan 1418) of the South East 1/4 Section 35, Town of Hastings Suburban Lands, Plan 100, the same as shown within the heavy outline on Appendix "A" and labelled Proposed Lot 3;
2. The conveyance to occur in exchange for the (0.185 Ha) Remainder of Block 7 and the Remainder of Parcel 2, to be consolidated, as shown within the heavy outline on Appendix "A" and labelled Proposed Lot 4, in accordance with the recommendation of the Director of Real Estate Services;
3. The exchange to occur on an as-is, where-is basis with no land costs to either B.C. Transit or the City;
4. The consolidations to occur by way of a subdivision plan to the satisfaction of the Approving Officer, (or alternative arrangements to the satisfaction of the General Manager of Engineering Services) consolidating the Remainder of Block 7 and Parcel 2 into a single parcel the same as shown in heavy outline on Appendix "A" and labelled Proposed Lot 4;
5. The said subdivision plan (or alternative plans) to dedicate (or alternatively establish) as road the approximate 79 square-metre portion of Parcel 2 for extension of Kaslo Street as shown cross-hatched on Appendix "A";
6. B.C. Transit to be granted a right-of-way for the portion of the Skytrain Millenium Line guideway that lies within proposed Lot 1;
7. The City to be granted a right-of-way for public passage over portions of proposed Lot 2 to provide for the Central Valley Greenway;
8. Blanket Statutory Right-of-Way BT289495 in favour of B.C. Hydro, to be released (or other arrangements to the satisfaction of the General Manager of Engineering Services) from the portion of Block 7 to be conveyed to the City;
9. The City and British Columbia Transit to share responsibility for any necessary plans, documents and Land Title Office fees;
10. Any agreements are to be to the satisfaction of the Director of Legal Services;
11. No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed by the parties hereto.
COUNCIL POLICY
The authority for closing and disposing of street 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 (B.C. Transit) a portion of 12th Avenue, between Kaslo Street and Renfrew Street. (See Appendix "A")
BACKGROUND
The Renfrew Street Skytrain Station currently occupies portions of 12th Avenue, between Kaslo Street and Renfrew Street, portions of (P.I.D. 008-759-979) Block 7, South ½ of Section 35, Town of Hastings Suburban Lands, Plan 2059 ("Block 7") (the "Dryco Site") and portions of (P.I.D. 024-798-193) Parcel 2 (Statutory Right-of-Way Plan LMP 46069) of Part (Reference Plan 1418) of the South East Quarter Section 35, Town of Hastings Suburban Lands Plan 100. ("Parcel 2").
When the Skytrain Millennium Line was built, RTPO 2000 Ltd., the organization that built the line for B.C. Transit, acquired (additional) property from the lands on the north side of 12th Avenue (Rem. Lot 1 and Rem. Lot 2, Plan 21736) to ensure 12th Avenue between Kaslo Street and Renfrew Street could be re-aligned to the north and continue to function as a standard 66-foot street. These areas are now City street.
As such, the portions of 12th Avenue lying southerly of the said 66-foot width are no longer required for municipal purposes and can be closed, stopped-up and conveyed to create a single parcel for the Renfrew Street Skytrain Station.
Council has previously (January 23, 2003) approved the acquisition of linear strips and three portions of remnant lands from B.C. Transit as part of the business deal for construction of the Vancouver Community College (VCC) Rapid Transit Station. Block 7 and Parcel 2 were included within the group of 13 properties. This report results in them being treated separately, as further described herein.
DISCUSSION
B.C. Transit has proposed that the surplus portion (0.111 Ha) of 12th Avenue lying between Kaslo Street and Renfrew Street, the same as shown hatched on Appendix "A" be closed, stopped-up and conveyed in exchange for the westerly portions of Block 7 and Rem. Parcel 2 no longer required by B.C. Transit.
The portion of 12th Avenue to be closed will be consolidated with the easterly portions of Block 7 and Rem. Parcel 2 to create Proposed Lot 3 to be owned by B.C. Transit and to house the Renfrew Skytrain Station on a single site. Proposed Lot 3 will be subject to aright-of-way in favour of the City, so as to ensure the open areas of Proposed Lot 3 can be utilized, if necessary, for the Central Valley Greenway.
The westerly balance of Block 7 and Parcel 2 will be consolidated to form a single parcel, Proposed Lot 4, (0.185 Ha) and be conveyed to the City. Proposed Lot 4 will be subject to a right-of-way in favour of B.C. Transit for the portions of the Skytrain guideway that occupy Proposed Lot 4. The City will also seek the release of a blanket B.C. Hydro right-of-way from Proposed Lot 4.
A portion of Rem. Parcel 2 (approximately 79 square metres) as cross-hatched on Appendix "A"; is proposed to be dedicated as road on the subdivision plan required to realize the exchange.
This will require Burlington Northern Santa Fe (BNSF) to release a right-of-way and covenant they currently have registered against Rem. Parcel 2. Should release of this charge be delayed for any reason, or other obstacles in the subdivision process make dedication as road of the 79 square-metre portion of Rem. Parcel 2 difficult, staff will advance a resolution to Council to establish the area as road.
Once the exchange is complete, the City will own a single development parcel (Proposed Lot 4) and B.C. Transit will own a single parcel for the Renfrew Skytrain Station (Proposed Lot 3).
The Director of Real Estate Services advises that having considered B.C. Transit's acquisition costs for the lands to ensure the full width of 66 feet was maintained for 12th Avenue, and the lands the City is to acquire, that an exchange is supportable, on an as is, where is basis and at no land cost to either party.
The parties will share efforts to complete the plans and documents required to realize the exchange.
CONCLUSION
The subject portion of 12th Avenue is surplus to the City's needs. Therefore, the General Manager of Engineering Services in consultation with the Director of Real Estate Services, RECOMMENDS the surplus portion of 12th Avenue be closed, stopped-up and conveyed to the abutting owner subject to the conditions set out in this report.
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