A3
ADMINISTRATIVE REPORT
Date: May 22, 1996
Dept. File No.000 541
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Road Exchange: Portion of Lot on North Side of
Pacific Street between Richards and Seymour Streets
RECOMMENDATION
A. THAT Council rescind the April 3, 1984 motion to approve the
recommendation of the City Manager as contained in his report
dated March 30, 1984, dealing with the road exchange of a
portion of Lot 19, Block 114, District Lot 541, Plan 210, on
the north side of Pacific Street between Richards and Seymour
Streets.
B. THAT Council close, stop-up and convey to the abutting owner,
all that portion of the north side of Pacific Street, east of
Seymour Street, as shown hatched on the plan attached as
Appendix "A", subject to the following conditions:
1. The portion of Pacific Street to be closed, be
consolidated with the balance of Lot 19, Block 114, D.L.
541, Plan 210, to form a single parcel.
2. The portion of Lot 19 shown cross-hatched on the plan
attached as Appendix "A", be established for road
purposes to the satisfaction of the Director of Legal
Services and the General Manager of Engineering
Services.
3. The conveyance of the portion of road to be closed and
the establishment for road of a portion of Lot 19, to be
on a parcel for parcel basis (at equal value to both
parties) as recommended by the Manager of Real Estate
Services.
4. The City to be responsible for any necessary plans and
documents, including registration and administrative
fees.
5. The existing sign pole, as shown on the plan attached as
Appendix "C", that will encroach after the
establishment, be validated by way of an encroachment
agreement at no cost to the owner of Lot 19.
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.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out
in the Vancouver Charter.
PURPOSE
The purpose of the report is to affirm Council's approval previously
granted April 3, 1984, to close, stop-up and convey a portion of the
north side of Pacific Street, east of Seymour Street, that is no longer
required for road purposes.
DISCUSSION
A portion of Lot 19 was dedicated for road purposes by Explanatory Plan
3342, dated August 24, 1949 (see Appendix "B"), to improve the
intersection of Pacific and Richards Streets. However, this early plan
never materialized and the road dedicated by Explanatory Plan 3342 was
closed, stopped-up and leased by Council to the owner of the balance of
Lot 19 for a 10 year term commencing September 1, 1979. Council, on
October 4, 1983, gave approval to proceed with the acquisition of the
property required to construct a right-turn bay at the northwesterly
corner of Pacific and Richards Streets. This construction has been
completed. As reported to Council on October 4, 1983, an exchange of
property with the owner of Lot 19 is required to provide an adequate
boulevard width at the west end of the block, and to also have the
property line parallel to the new curbs.
Council, on April 3, 1984, gave approval to the required exchange,
subject to a number of conditions. The exchange was not completed in
1984, and then in September, 1989, the lease expired (and has not been
renewed). The owner of the site continues to use the former lease area
for surface parking. The construction of curbs and sidewalk described
in the March 30, 1984 report have all been completed.
The Manager of Real Estate and the owner of Lot 19, Block 114, D.L.
541, Plan 210 have now agreed to complete the exchange. The properties
to be exchanged are of equal area and hence of equal value, and as
such, there is no money to be paid for property by either the City or
the owner of Lot 19.
It is out of an abundance of caution, and the fact that more than
twelve years has passed, that we return to Council to affirm support
for the exchange.
* * * * *