ADMINISTRATIVE REPORT
Date: July 12, 1995
Dept. File No. 6019A33
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposal by Marathon Realty Company Limited ("Marathon") to
Subdivide Lot 7, District Lot 541 and of the Public Harbour of
Burrard Inlet, Plan 13607 ("Lot 7")
RECOMMENDATION
THAT Council authorize the Director of Legal Services to enter into
appropriate agreements on behalf of the City as required to
implement the subdivision of Lot 7.
GENERAL MANAGER'S COMMENTS
The General Manager of Engineering Services RECOMMENDS 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 several
legal agreements, to be prepared to the satisfaction of the Director of
Legal Services, the General Manager of Engineering Services and the
Approving Officer, required to implement the proposed subdivision of Lot
7 by Marathon.
BACKGROUND
In approving Marathon's application for subdivision of Lot 7 into six
parcels, on February 25, 1994 the Approving Officer set forth the
conditions upon which final approval would be given. The principal
conditions of approval are as follows:
1. Conveyance to the City of Lot 1 (site of Howe Street Viaduct),
subject to the option to lease back to Marathon of the
available space under the Viaduct for a car park, for 99 years
for $1.00;
2. Conveyance to the City of Lot 2 (site of Cordova Street
Viaduct), subject to the lease back to Marathon of the availab
l e
space
under
t h e
Viaduct
for a
c a r
park,
for 99
years
for
$1.00;
3. The City to have an option to purchase for $1.00, the land
required for the construction of the Northerly Extension
Viaduct, subject to the lease back to Marathon of the
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available space under the proposed Viaduct for a car park and
loading area, for 99 years for $1.00;
4. The City to have an option to purchase for $1.00, the land
required for the construction of the Station Viaduct, subject
to the lease back to Marathon of the space under and adjacent
to the proposed Viaduct for a car park, if available, and
other agreed purposes, for 99 years for $1.00;
5. The lease to Marathon of a portion of the undersurface of
Cordova Street between Granville and Seymour (formerly held by
Canadian Pacific) for a car park, the lease term to be 99
years for $1.00; and
6. Marathon to create road parcels along the extensions of Cambie
and Abbott Streets and to grant the City an option to purchase
the area known as the Station Viaduct in order to provide
access to the land lying beyond the north boundary of Lot 7
(modified as hereinafter explained).
The areas identified in the foregoing items 1 - 6 are illustrated on the
attached drawing.
With respect to item 6, above, Council was advised on March 14, 1995, in
a report from the General Manager of Engineering Services, that Marathon
has agreed in principle to convey to the City by way of options to
purchase, road parcels for the Station Viaduct, the Cambie Street
Extension and the Abbott Street Extension (see plan). These proposed
road parcels would cross over the Canadian Pacific Railway Right of Way
connecting the City street system with the lands of the Vancouver Port
Corporation (in anticipation of future development of the Port lands) to
the north of the Right of Way.
In later negotiations between Marathon and Canadian Pacific, Canadian
Pacific advised the City that because of the numerous railway tracks in
the Canadian Pacific Railway Right of Way there was insufficient room to
relocate the railway tracks in order to accommodate support structures
for viaducts necessary for the extension of Cambie and Abbott streets as
intended.
As an alternative, Canadian Pacific agreed to continue to accommodate
the Station Viaduct (see item 4 above) because of the importance of its
location for providing access to the Port lands, but grant the City only
rights of way over the railway tracks for pedestrian overpasses
connecting Cambie, Abbott and Carrall (a new crossing offered by
Canadian Pacific during negotiations) to the Port lands with the option
to purchase for $1.00 the lands covered by the rights of way in the
future if Canadian Pacific declares the railway lands as "surplus". It
is a condition of the grant of the rights of way that the pedestrian
overpasses must span the railway tracks unless Canadian Pacific, in its
discretion, can make available land within the rights of way to
accommodate support structures for the overpasses.
Although items 1 - 6 summarize the principal conditions to be addressed
through agreements, a subdivision of this size requires a number of
supporting documents to safeguard the interests of the parties. The
City's rights are over the Canadian Pacific right of way, therefore,
Canadian Pacific is a party to the agreements. The agreements and the
supporting documents have been prepared to the satisfaction of the
Director of Legal Services, the General Manager of Engineering Services
and the Approving Officer, as required, and will be registered
concurrently with the subdivision plan, once it is approved by the
Approving Officer.
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