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CITY OF VANCOUVER Administrative Report |
Date: |
April 1, 2004 | |
Author: |
Karin Turnbull | |
Phone No.: |
873.7156 | |
RTS No.: |
02681 | |
CC File No.: |
5753 | |
Meeting Date: |
April 20, 2004 |
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TO: |
Vancouver City Council |
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FROM: |
General Manager of Engineering Services in consultation with the Director of Real Estate Services |
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SUBJECT: |
Closure of a Portion of the East Side of Commercial Street, South of Stainsbury Avenue |
RECOMMENDATION
THAT Council close, stop-up and convey all that portion of the east side of Commercial Street, south of Stainsbury Avenue adjacent to Lots 8, 9 and 10, each except the West 7 feet, now road, West Part of District Lot 743, Plan 1451, as shown cross-hatched on the plan attached hereto as Appendix A, subject to the following conditions:
1. The abutting owners to pay $46,500.00 Plus GST if applicable for the 693 square foot (64.4 square metres) portion of road to be closed in accordance with the recommendation of the Director of Real Estate Services;
2. The subject road to be closed is to be subdivided with the said Remainders of Lots 8, 9 and 10, and Lots 6, 7, 11 and 12, each of the West Part of District Lot 743, Plan 1451 to form a single parcel (the same as shown in heavy outline on Appendix A) and to dedicate the East 2.5 feet of each lot (the same as shown hatched on Appendix A) and labelled as 577 square feet (53.6 square metres) for lane to the satisfaction of the Director of Legal Services and the Approving Officer;
3. The abutting owners to be responsible for any plans, documents and Land Title Office fees;
4. The sale proceeds to be credited to the Property Endowment Fund (the PEF);
5. A complete review of all registered charges (and in particular those in favour of the City) and any extensions, modifications and/or releases to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;
6. Any agreements are to be to the satisfaction of the Director of Legal Services;
7. No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed by the parties thereto.
If Council approves this report, the Formal Resolution to close this portion of Commercial Street will be before Council later this day for approval.
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 seek Council authority to close, stop-up and convey a portion of the east side of Commercial Street, south of Stainsbury Avenue.
BACKGROUND
On February 16th, 1942 Council resolved to sell Lot 17, of the West Part of District Lot 743, Plan 1451. At that time Council reserved the West 7 feet of Lot 17 for road.
As part of the February 16th, 1942 resolution Council resolved to establish the West 7 feet of each of then City-owned Lots 2, 5, 8, 9, 10, 11, 17 and Lot 18 except the south 25 feet and a portion of Lot 19, all of the West Part of District Lot 743, Plan 1451 as road. The resolution was deposited in the Land Title Office as Document Filed 33947.
The City still holds a title to each of the West 7 feet of said Lots 8, 9 and 10, each established as road and the same as shown cross-hatched on Appendix A.
DISCUSSION
A prospective purchaser of the lands at 3818 to 3840 Commercial Street has made an application to purchase the portions of Commercial Street that are excess to our needs.
Commercial Street at this location is 73 feet wide and the General Manager of Engineering Services has determined that we only require 66 feet. Therefore, the said West 7 feet of Lots 8, 9 and 10 are excess to our needs and can be sold.
The lane at the rear of Lots 6 to 12 is only 15 feet wide, less than the City standard of 20 feet. Future plans require the dedication of an additional 2.5 feet from the properties on each side of the lane.
The Director of Real Estate Services has negotiated a sale of the 693 square feet (64.4 square metres) of Commercial Street as shown cross-hatched on Appendix A for $46,500.00 Plus G.S.T. if applicable.
As part of the sale, the applicant has agreed to dedicate for lane, the East 2.5 feet of Lots 6 to 12, the same as shown hatched and labelled "proposed 2.5 feet lane dedication" on Appendix A, and to consolidate the lands into a single parcel as shown in heavy outline on Appendix A.
As part of the sale a number of registered City charges will require review and potentially extension, modification and/or release.
The Director of Real Estate Services advises that the sale price of $46,500.00 represents fair value for the 693 square feet (64.4 square metres) of road to be conveyed. The 577 square feet (53.6 square metres) of lane will be dedicated at no cost to the City. The applicants will be responsible for all costs, plans, documents and Land Title Office fees required to complete the conveyance.
CONCLUSION
The General Manager of Engineering Services in consultation with the Director of Real Estate Services RECOMMENDS approval of the foregoing.
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