Staff Report: "Historic Road" – Road Closure and Removal of Highway Dedication

Council Report

TO: Council
DATE: May 15, 2014
FROM: S. Jones, Director of Corporate Admin.
MEETING DATE: May 20, 2014

“HISTORIC ROAD” – ROAD CLOSURE, REMOVAL OF HIGHWAY DEDICATION AND DISPOSITION BY EXCHANGE

RECOMMENDATION:

THAT Road Closure and Removal of Highway Dedication – Historic Road, Bylaw No. 876, 2014 be given first, second and third readings;

AND FURTHER THAT the title of Historic Road be conveyed to the Province of British Columbia at the appropriate time in exchange for:

a.) road dedication to the Town of View Royal of approximately 237.3 m² from the frontages of:

• Remainder Lot 1, Section 2, Esquimalt District, Plan 11766 (PID 005-127-076);
• Remainder Lot 2, Section Section 2, Esquimalt District, Plan 11766 (PID 005-127-092); and
• Remainder Lot 1, Section 2, Esquimalt District, Plan 11919 (PID 004-910-010);

b.) an approximately 229.4 m² statutory right-of-way and covenant both in favour of the Town of View Royal over:

• Remainder Lot 1, Section 2, Esquimalt District, Plan 11766 (PID 005-127-076) and
• Lot A, Section 2, Esquimalt District, Plan 17320 (PID 003-917-231); and

c.) removal of the provision to provide replacement parking and replacement trees at the Craigflower Manor site as components of the Craigflower Bridge Replacement Project;

AND FURTHER THAT the road closure, removal of highway dedication and disposition by exchange be advertised pursuant to section 94 of the Community Charter;

AND THAT the Town’s authorized signatories be permitted to sign the associated documentation.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To introduce a road closure and removal of highway dedication bylaw for “Historic Road” (located off of Admirals Road) and to advise that the title created by the registration of this road closure and removal of highway dedication at the Land Title Office is proposed to be disposed of through exchange with the Province.

BACKGROUND/DISCUSSION:

As part of the Craigflower Bridge Replacement Project, land in the area was reviewed. To facilitate that Project and its southerly Bridge approach, land for road dedication was acquired from the Province in late 2012 along Admirals Road. An additional area of approximately 237.3m² was identified as required to address the Town’s encroachment issues on the Craigflower Manor site and to effect safety improvements at the intersection of Admirals Road and Island Highway (see Attachment “A”).

In discussions with the Province regarding future plans for their Craigflower Manor site, it was determined that an exchange of land – with the Town receiving the required encroachment areas and the Province receiving the Town’s “Historic Road” (approximately 401.8m² and shown on Attachment “A”) – would potentially be the best solution for both parties.

Staff have reviewed the “Historic Road” and have concluded it is a disposable asset as it is not currently developed for road purposes; is not required by the Town for future road purposes; and it appears to already be incorporated into the Craigflower Manor site operations.

Based on appraisal work done in 2012 – and given that that appraiser notes no significant change in market values – if the Town were required to purchase the encroachment areas, the direct funds payable to the Province would be $33,200. Using the appraisal report figures, the value of the “Historic Road” is approximately $57,400. To create an equitable exchange, the Town, in addition to receiving the required land as dedicated road, will take both a statutory right-of-way and a covenant over the recently installed fire access lane (approximately 229.4m²) – these tools will permit access by the Town and outline requirements for use and maintenance of the fire access lane (see Attachment “B”). As well, the Town will not undertake Craigflower Manor site parking lot modifications and some landscaping that was to have been done in conjunction with the Craigflower Bridge replacement project.

It should be noted that the Approving Officer has determined that if this proposal is approved, the Province will be required to consolidate the four parcels that comprise the Manor site (the Shoreline Drive house will remain a separate title). Consolidation would satisfy access and servicing requirements of both the legislation and the municipality. This information has been relayed to the Province’s Heritage Branch staff as well as staff from the Ministry of Forests, Lands and Natural Resource Operations.

With respect to process, the proposed road closure and removal of highway dedication bylaw is attached for readings consideration (see Attachment “C”). As well, staff will follow the legislated steps, including consultation with utilities to determine if there is an impact, and will also place the required newspaper notification (see Attachment “D”).

BUDGET IMPLICATIONS:

The proposal to exchange land with the Province would save the Town the purchase price of $33,200 as well as reductions to the Craigflower Bridge Project budget.

RECOMMENDATION:

THAT Road Closure and Removal of Highway Dedication – Historic Road, Bylaw No. 876, 2014 be given first, second and third readings;

AND FURTHER THAT the title of Historic Road be conveyed to the Province of British Columbia at the appropriate time in exchange for:

a.) road dedication to the Town of View Royal of approximately 237.3 m² from the frontages of:

• Remainder Lot 1, Section 2, Esquimalt District, Plan 11766 (PID 005-127-076);
• Remainder Lot 2, Section 2, Esquimalt District, Plan 11766 (PID 005-127-092); and
• Remainder Lot 1, Section 2, Esquimalt District, Plan 11919 (PID 004-910-010);

b.) an approximately 229.4 m² statutory right-of-way and covenant both in favour of the Town of View Royal over:

• Remainder Lot 1, Section 2, Esquimalt District, Plan 11766 (PID 005-127-076) and
• Lot A, Section 2, Esquimalt District, Plan 17320 (PID 003-917-231); and

c.) removal of the provision to provide replacement parking and replacement trees at the Craigflower Manor site as components of the Craigflower Bridge Replacement Project;

AND FURTHER THAT the road closure, removal of highway dedication and disposition by exchange be advertised pursuant to section 94 of the Community Charter;

AND THAT the Town’s authorized signatories be permitted to sign the associated documentation.