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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
May 18, 2004 | |
Author/Local: |
M.G. Thomson/7328 | |
RTS No.: |
04242 | |
CC File No.: |
5807 | |
Meeting Date: |
June 8th, 2004 |
TO: |
Vancouver City Council |
FROM: |
General Manager of Engineering Services in Consultation with the Director of Legal Services |
SUBJECT: |
City Square - Assignment of Right-of-Way to the Greater Vancouver Sewerage and Drainage District |
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to execute, on behalf of the City, an assignment of registered charge R112867 from the City to the Greater Vancouver Sewerage and Drainage District (the "GVS & DD) as the said charge is registered over Lot 4, Except Part in Plan LMP 1503, Block 380, District Lot 526, Plan 21466 at City Square.
B. THAT Council grant Standing Authority to the Director of Legal Services to execute on behalf of the City the assignment of City owned rights-of-way to the GVS & DD when the General Manager of Engineering Services has agreed to such an assignment and the documentation is drawn to the satisfaction of the Director of Legal Services.
COUNCIL POLICY
There is no Council Policy directly related to this matter.
PURPOSE
The purpose of this report is to seek Council authority for the Director of Legal Services to execute an assignment of charge R112867 from the City to the GVS & DD and to grant a "Standing Authority" to allow the Director of Legal Services and the General Manager of Engineering Services to deal with these assignments as housekeeping matters.
BACKGROUND
On October 30, 1987 an agreement was registered as Statutory Right-Of-Way R112867 over the lands now forming the parcel of land containing City Square on the north side of 12th Avenue, between Cambie Street and Ash Street.
The right-of-way was deposited in the Land Title Office on the same day as a subdivision plan which was assigned the number, Plan 21466. This plan created Lot 4, upon which City Square now sits.
The right-of-way was intended to be an expansion of a right-of-way registered over the East 20 feet of the site (plus a small corner-cut at 12th Avenue) as N24115 on April 2, 1985. That right-of-way, in the name of the City, was intended to protect the GVS & DD 66" diameter Cambie Street sewer and an underground telephone line. In 1987 when the subdivision proposal to create City Square was being reviewed, it was determined that the Cambie Street sewer line, which runs east on 12th Avenue, then north on Cambie Street, turned the corner of 12th Avenue and Cambie Street in a manner that an expansion of right-of-way N24115 was required. This expanded area is the subject of this report and is as depicted on Explanatory Plan 18707. (See Appendix A)
On September 3, 1991, Plan LMP1503 was deposited in the Land Title Office to dedicate as road the East 20 feet of lot 4 (plus the small corner-cut at 12th Avenue). Plan LMP1503 dedicated the precise area as contained in right-of-way N24115 and as depicted on Explanatory Plan 17586. The above-referenced underground telephone line is completely in the now dedicated road.
This left only the subject right-of-way, R112867, containing only working area for the 66" diameter GVS & DD Cambie Street sewer and as depicted on Explanatory Plan 18707 charged against the title to the Remainder of Lot 4. The attached sketch, Appendix A, identifies the very small area that is subject of this report.
DISCUSSION
The Greater Vancouver Regional District has approached the General Manager of Engineering Services with a proposal that the City assign many of its utility corridors, other than those on City street, to the GVS & DD.
The General Manager of Engineering Services has reviewed this request and finds that only a very small number of the requests to assign City right-of-ways could be supported. The circumstances that would lead to a non-support are where:
a) a right-of-way is an extension of our street system by being parallel to, contiguous to, a connection of, or a production of a City street or land and, as such, should be available for City works or those of other utility companies;
b) other works, besides those of the GVS & DD are in the right-of-way; or
c) the right-of-way is over City-owned property.
Council, on June 12, 2001 approved an assignment of a City right-of-way to the GVS & DD at 1162 East 13th Avenue where none of the above criteria were present.
In the subject situation, the right-of-way area is exceptionally small, contains only working area for the GVS & DD 66" diameter sewer and the sewer line is the only utility that can reasonably make effective use of this extremely small area. While the area is contiguous to a City street the area has no potential for other utilities given the specific site circumstances. Use of the area would require installation over the GVS & DD infrastructure, which is not acceptable, and as such the area is not "available for City works or those of other utility companies". Therefore, the General Manager of Engineering Services recommends the City agree to the assignment.
The standing authority sought in this report is only for assignment of rights-of-way to the GVS & DD and would only be exercised if the General Manager of Engineering Services were satisfied that the criteria set out in (a), (b), and (c) above were not applicable and the City had no present or future need for them.
It is anticipated that an additional 4-7 assignments are possible once the review of the Greater Vancouver Regional District requests for right-of-way assignment is completed.
CONCLUSION
The General Manager of Engineering Services, in consultation with the Director of Legal Services, recommends Council approve both Recommendations "A" and "B".
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