ADMINISTRATIVE REPORT

Date: August 5, 1998
Author/Local: M.G. Thomson
CC File No: 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of Lane East of Cambie Street, South from Cordova Street - Woodward's Redevelopment

RECOMMENDATION

A. THAT Council close, stop-up and convey to the abutting owner, all that portion of the lane east of Cambie Street, south from Cordova Street, shown hatched on the plan attached as Appendix "A", subject to the following conditions:

(1) The abutting owner to pay $14,720 plus G.S.T., if applicable, for the 224 square foot (21 square metre) portion of lane to be closed, in accordance with the recommendation of the Manager of Real Estate Services;

(2) The City to receive a statutory right-of-way over a 3.0 metre by 5.0 metre (81 square feet) corner-cut portion of Lot B (Reference Plan 1769) of Lots 5 and 6, Block 4, Old Granville Townsite, Plan 168, generally as shown on Appendix "A";

(3) The closed lane to be subdivided with the abutting lands, to create a single parcel, the same as generally shown within the heavy outline on Appendix "A", to the satisfaction of the Director of Legal Services and the Approving Officer;

(4) The abutting owner to be responsible for any necessary plans, documents and Land Title Office fees;
(5) Any agreements to be to the satisfaction of the Director of Legal Services;

(6) No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed, and

(7) Such other terms and conditions to the satisfaction of the Director of Legal Services, the General Manager of Engineering Services and the Manager of Real Estate Services.

B. THAT the Director of Legal Services be authorized to sign on behalf of the City, a Subdivision Plan dedicating as lane, all that portion of Lot 21, Block 4, Old Granville Townsite, Plan 19435, the same as generally shown shaded on Appendix "A".

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 lane east of Cambie Street, south of Cordova Street and to authorize the Director of Legal Services to sign the plan dedicating as lane, the balance of the existing established lane.

BACKGROUND

On October 20, 1997, the Development Permit Board approved the redevelopment of the Woodward's site at 101 West Hastings Street, under Development Application Number DE217797, subject to a number of conditions.

The existing Woodward's building occupies 11 individual legal lots. A small portion of the building encumbers the portion of City lane (224 square feet, 21 square metres) shown hatched on the attached Appendix "A". The developer wishes to acquire the subject portion of lane.

There is presently a title in the name of the City of Vancouver, to the subject portion of lane in the Land Title Office, being Lot 21, Block 4, Old Granville Townsite, Plan 19435. Lot 21, which title was established as lane, by document filed 21749.

The owner of the Woodward's building, Fama Holdings Ltd., also owns Lot B (Reference Plan 1769) of Lots 5 and 6, Block 4, Old Granville Townsite, Plan 168. Lot B lies immediately west of the north/south lane in Block 4. The City desires to improve circulation in the lane and has identified a need for a corner-cut from Lot B.

DISCUSSION

Transportation Division staff have determined that the desired corner-cut should be 3.0 metres by 5.0 metres (81 square feet, 7.5 square metres). The parties have agreed that the corner-cut would be acquired by a statutory right-of-way. The right-of-way will be limited to the surface area, to allow vehicles to better negotiate the intersection of the east/west lane and the north/south lane.

The portion of lane to be closed is no longer required as lane. The Manager of Real Estate Services has determined that the price to be paid for the portion of lane to be acquired should be reduced by the value attributable to the right-of-way being acquired. The residual value for the portion of lane has been determined as $14,720.00. The developer of the Woodward's site has agreed to this price.

When the City closes a lane (or road) that exists in title (Lot 21), and only a portion of the lane to be closed is going to be conveyed, the balance of the title (Lot 21) is dedicated on the subsequent subdivision plan. The easiest method, and that normally followed by the City, is to transfer the whole title to the abutting owner and have them dedicate back the portion still required as lane.

The solicitor for the abutting owner has objected to this process, expressing concerns related to the Provincial Property Purchase Tax.

The General Manager of Engineering Services and the Director of Legal Services, have noted the concern. An agreeable solution is to have the Director of Legal Services execute the subdivision plan, as owner of Lot 21, resulting in the required dedication.

This is the issue addressed by Recommendation B.

CONCLUSION

This report seeks the formal authorities required to close, stop-up and convey to the developers of the Woodward's site, a 224 square foot (21 square metre) portion of lane no longer required. This represents a single, small step in the completion of the Woodward's redevelopment.

We recommend that all that portion of lane, east of Cambie Street, south from Cordova Street, as shown hatched on Appendix "A", be closed, stopped-up and conveyed to the abutting owner, subject to the conditions set out in this report.

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(c) 1998 City of Vancouver