NO: COUNCIL DATE: Approval of the Sale of a Closed Portion of Road Allowance Adjacent to Street (Step 2)

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CORPORATE REPORT NO: COUNCIL DATE: REGULAR COUNCIL TO: Mayor & Council DATE: November 24, 2014 FROM: General Manager, Engineering FILE: 7912-0119-00 SUBJECT: Approval of the Sale of a Closed Portion

1 CORPORATE REPORT NO: COUNCIL DATE: REGULAR COUNCIL TO: Mayor & Council DATE: November 24, 2014 FROM: General Manager, Engineering FILE: SUBJECT: Approval of the Sale of a Closed Portion of Road Allowance Adjacent to Street (Step 2) RECOMMENDATION The Engineering Department recommends that Council authorize the sale of a m 2 (5,679 ft.²) area of closed road allowance adjacent to Street under previously approved terms for this closure and sale as outlined in Corporate Report No. R137; 2014, a copy of which is attached to this report as Appendix A. DISCUSSION On July 21, 2014, Council authorized the Engineering Department (Resolution No. R (2014) related to Corporate Report No. R137) to proceed with the closure and sale of a portion of redundant road allowance having an area of m² (5,679 ft.²) for the purpose of allowing consolidation with and subdivision of the property known as Street. Council's approval of the sale of this portion of closed road allowance is now required to complete the final step in the road closure process as stipulated by the Community Charter. The Community Charter requires that Council's approval to close and sell roads be obtained on two separate occasions. The first such approval is at the beginning of the closure process when Council is requested to authorize the cancellation of highway for the portion of road to be closed and consolidated. The second such approval is at the end of the process when Council's authorization is required to formally dispose of the closed portion of road after all the statutory requirements have been met. In accordance with Section 40 of the Community Charter, all the necessary requirements to dispose of the redundant portion of road allowance have been met and it is now in order for Council to authorize this last step in the road closure and sale process. CONCLUSION It is recommended that Council approve the sale of the closed portion of road allowance adjacent to Street under the previously approved terms for this closure and sale as outlined in the attached Corporate Report No. R137; MCS/amg/clr Fraser Smith, P.Eng., MBA General Manager, Engineering Appendix A - Corporate Report No. R137; 2014 g:\wp-docs\2014\admin\cr\ ms.docx R 11/27/14 3:22 PM

2 SURREY the future lives here. APPENDIX A CITY MANAGER'S DEPARTMENT CORPORATE REPORT NO:f{/37 COUNCIL DATE:.fu& Z~ 2olf REGULAR COUNCIL TO: Mayor & Council DATE: June 23, 2014 FROM: Acting General Manager, Engineering FILE: oo SUBJECT: Closure of Road Adjacent to Street RECOMMENDATION The Engineering Department recommends that Council authorize the City Clerk to bring forward a bylaw to close and remove the dedication as highway ofa m 2 (5,679 ft. 2 ) area of 138 Street adjacent to the property at Street, as generally illustrated in Appendix I attached to this report, subject to compliance with the notice provisions of Sections 26 and 94 of the Community Charter, S.B.C., 2003, c.26. BACKGROUND I. Property Description The m 2 (5,679 ft. 2 ) portion ofi38 Street is adjacent to the east property line of the property located at Street. The owner of the lot at Street has applied to acquire the closure area and consolidate it with. that lot. 2. Zoning, Plan Designations and Land Uses The area of road allowance proposed for closure and the property at Street are zoned One-Acre Residential (RA) Zone and designated as "Urban" in the Official Community Plan. DISCUSSION I. Purpose of Road Closure The area of 138 Street proposed for closure will become surplus land with the realignment of the new 138 Street to the east of the current location. The area of 138 Street proposed for closure will be consolidated with the adjacent land located at 6o Street, which is the subject of an NCP Amendment, rezoning, subdivision and development permit application (Application No. 79U-ou9-oo ). This application is seeking approval to develop a 21-unit townhouse complex on the consolidated site, as illustrated in Appendix II attached to this report. The related rezoning bylaw was granted third readi~g by Council on November 12, 2013.

3 -2- The area of 138 Street proposed for closure has been circulated to all potentially concerned Oty Departments for review and all are supportive of the proposal. As required under Section 40 (4) of the Community Charter, all utility companies potentially affected by the closure of the portion of 138 Street have been consulted and none has expressed any objections. 2. Land Value The applicant has agreed to provide compensation to the Oty equivalent to the market value of the portion of 138 Street proposed for closure as determined by a qualified appraiser. All area calculations contained in this report are approximate and subject to final survey. SUSTAINABILITY CONSIDERATIONS The proposed road closure and sale supports the Sustainability Charter's goal of using the Oty's land base efficiently, as this portion of 138 Street is riot required for road purposes and is to be consolidated with the adjacent private property in support of planned and orderly development in South Newton. These outcomes support the following Sustainability Charter action items: EC1: EN9: Corporate Economic Sustainability; and Sustainable Land Use Planning and Development Practices. CONCLUSION The portion of138 Street proposed for closure will become surplus to the City's needs with the realignment of the new 138 Street. The terms of the agreement related to the disposition of the road closure area are considered reasonable. It is recommended that Council authorize staff to bring forward an appropriate by-law to close the subject road allowance area in preparation for its sale and consolidation as generally described in this report. BLO\lo/ras Gerry MciGnnon Acting General Manager, Engineering Appendix I - Appendix II - Aerial Photograph of Road Closure Area Project Layout g:\wjh!oa\><>14\admln\cr\o6j!b545-blo.docx R 6/~3/14 1:16PM

5950 6130 LOCATION 6092 6090 APPENDIX I AERIAL PHOTOGRAPH OF SITE 6123 6110 6112 6 081 6123 138 St 13691 6075 13707 6051 13717 13719 6041 King George Blvd Land Assembly Area 13733 13747

18-Jun-2014, EM9 13799 5946 138 St 5941 5942 5938 5933 5932 5926 5922 5918 5912 5908 LEGEND Adjacent to 6045-138 St File: 7912-0119-00 Land Assembly Area Parks ENGINEERING DEPARTMENT The

4 LOCATION APPENDIX I AERIAL PHOTOGRAPH OF SITE St King George Blvd Land Assembly Area A Ave Area = m² (5,679 ft²) 138A St A St Ave A Ave Produced by GIS Section: 18-Jun-2014, EM St LEGEND Adjacent to St File: Land Assembly Area Parks ENGINEERING DEPARTMENT The data provided is compiled from various sources and IS NOT warranted as to its accuracy or sufficiency by the City of Surrey. This information is provided for information and convenience purposes only. Source: Lot sizes, Legal descriptions and encumbrances must be confirmed at the Land Title Office. G:\MAPPING\GIS\Maps\CorporateReps\Realty\EM_6045_138St-AP.mxd

5 APPENDIX II ( c t.oo 11.0Ci 7-'11 ~ t I t-- 1~

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