March 22, 1993/098

From the City Engineer, March 12th, 1993 regarding Proposed Subdivision of Lots South of
Mary Hill Bypass and East of Kingsway.

Moved by Councillor Gates:
n ncillor T: t:

That the City enter into an agreement with the owner of Lot 22, Plan 66549 to purchase a
0.88 ha. parcel of Lot lt, (foreshore lot) as shown on the plan attached to Council Agenda, fox
$142,506.19.

Carried.

From City Clerk, March 22nd, 1993 regarding Verbal Report Intrawest/Canadian Pacific
Railway Subdivision.

The concerns of the City have now been addressed in regard to the contamination of Lot A
and will be dealt with in the following manner:

lL. The Ministry of Environment and Canadian Pacific have negotiated at length on the
contents of a soil remediation prograin and those negotiations have led to agreement on a
covenant which will prohibit the development of Lot A (other than for railway tracks and
unenclosed railway structures, and buildings and structures used only for soil and ground
water remediation purposes) until such time as the scil and ground water have been
rernediated to the satisfaction of the Ministry.

The Ministry has confirmed to the City, in writing, that the Ministry’s concems with soil

remediation have been satisfied and that the Ministry does not object to the subdivision of
Lot A from the Intrawest Lands.

We have negotiated with Canadian Pacific’s solicitor a Section 215 Covenant to be
registered in favour of the City against title to Lot A, incorporating similar restrictions to
those in the covenant between the Ministry of Environment and Canadian Pacific, without
some of the soil rem:val and monitoring requirements imposed by the Ministry. The
covenant would also give the City authority to prevent the development of any buildings on

Lot A until such time as the Mi: usizy and a consulting geotechnical engineer have certified
that Lot A may be safely developed.

Canadian Pacific will undertake to the City that upon s’ division of Lot A, the covenants in
favour of the Ministry of Environment and itic City w il be registered against title to Lot A
and Lot A will then be consolidated with two adjace.it parcels owned by Canadian Pacific
(Lot 84 and Lot 84A). Lot A will no longer exist as 4 separate potential development site
but will be incorporated in the Canadian Pacific Industrial lands and its use restricted by
covenants.

Moved by Councillor Thompson:
Seconded by Councillor Talbot:

That the Verbal Report presented by the City Clerk regarding Intrawest/Canadian Pacific
Railway Subdivision be received for information.

Carried.