ADMINISTRATIVE REPORT
Date: September 21, 1995
Dept. File No. 000541
TO: Vancouver City Council
FROM: Director of Legal Services and General Manager of Engineering
Services
SUBJECT: Request by British Columbia Transit ("BC Transit") for an
amendment to the Street Use Agreement
RECOMMENDATION
THAT Council authorize the Director of Legal Services to enter into
an appropriate agreement on behalf of the City implementing the
request of BC Transit to amend the Street Use Agreement dated
January 7, 1987 and made between B.C. Transit and the City to
permit B.C. Transit to enter upon and use that part of the Howe
Street Viaduct within the heavy outline on the plan hereto attached
as Appendix "A".
GENERAL MANAGER'S COMMENTS
The General Manager of Engineering Services and the Director of
Legal Services RECOMMEND approval of the foregoing.
COUNCIL POLICY
There is no applicable Council policy.
PURPOSE
The purpose of this report is to seek Council's approval to an
agreement, to be prepared to the satisfaction of the Director of Legal
Services and the General Manager of Engineering Services, amending the
Street Use Agreement in order to implement the requests of BC Transit.
BACKGROUND
On July 25, 1995 the City Council authorized the City to enter into
agreements with Marathon Realty Company Limited ("Marathon") to
implement the subdivision of Lot 7, District Lot 541 and of the Public
Harbour of Burrard Inlet, Plan 13607 ("Lot 7").
As a condition of approval of the subdivision Marathon has conveyed to
the City the site of the Howe Street Viaduct and the site of the Cordova
Street Viaduct now described as Lot 1 and Lot 2 respectively of District
Lot 541 and the Public Harbour of Burrard Inlet, Plan LMP23953.
In accordance with the requirements of the Land Title Act, the City has
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agreed to establish air space parcels of Lot 1 and Lot 2 as highway to
provide access to Lot 3 (see attached Appendix "A"). The establishment
of this highway access is subject to the release of any encumbrances as
charges against the air space parcels. There are no encumbrances other
than BC Transit's right of way for the ALRT charged against the airspace
parcel of Lot 1.
BC Transit's ALRT entrance extends into the airspace parcel in Lot 1 (as
shown in heavy outline on the attached Appendix "A"). BC Transit as a
condition of its release requests that it be permitted to continue to
enter upon and use that part of the airspace parcel of Lot 1 (shown in
heavy outline on the plan attached as Appendix "A") for the operation of
the ALRT and that the Street Use Agreement be amended to implement such
request.
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