by Tod Strachan

A land deal between the city of
Terrace and Helen Bush, and
subsequently Helen Bush and
Tribruck Investments, hasn’t yet
reached the public hearing stage
but has already been challenged b
one city resident.

Some details about the parcel of
land in question have been lost
with departing city employees, but
its history goes something like
this: .

Several decades ago, Helen Bush
and her husband purchased a size-.

able portion of the land in the -

vicinity of Park Ave. and Kenney
St. At some point, apparently
around the mid-1950s, the Bushes
decided to subdivide, and in so
doing agreed to sign over, free and
clear, a 20-foot lane right-of-way
to the city.

The Bushes kept a large lot
facing Kenney St., tucked between
the laneway on the north and, what
is now the School District 88
maintenance shop, on the south.
Property north of the laneway,
facing Park Ave., was sold to a
couple of focal residents, who
divided the land in half and pro-
ceeded to build one house each.
One, built by Bill McRae on the
corner of Kenney and ‘Park, is now
the home of mayor Jack Talstra.
The other was purchased by retired
businessman and former city alder-
man Al Purschke around 1965.

About 12 years ago, according to
Purschke, Mr. Bush (now
deceased) decided to rebuild. This
was accomplished with minimal
disruption to the family’s daily
routine by building around their
older, smaller home, which was
dismantled once the new structure

was complete, The fact that the
new home encroached on the lane

right-of-way by two or three feet
went unnoticed, apparently, for
about a decade. There was no need
to notice; the city had never
touched the laneway.

In the early 1980’s Purschke

decided to tame his back yard. A .

proper lawn and fruit trees were
preferable to the existing unkempt
bush, and it would enhance the
entire neighbourhood, says
Purschke. So he hired a pro-
~ fessional contractor, and while he
was at it, decided to include the
unused laneway in his beautifica-
tion project. Because, in
Purschke’s words, "It was a mess.”
About a year ago, Helen Bush,
now a widower, decided to sell.

But there was a problem. A land

survey revealed the fact that her
home encroached on the city-
owned laneway, and this stood in
the way of a deal.

This prompted Bush to write a
letter to the city. They had never
used the right-of-way her husband

had signed over free and clear, - be

there was no indication they ever
would use the right-of-way, so
could she please have the land
back so she could proceed with the
sale of her property.

City aldermen agreed. There
were no plans to develop the lane
and the Bushes were the original
owners of the land. So the 20-foot
right-of-way should be returned to
the former owner, free of charge,
provided the provirice agreed to

Al0 Terrace Review — Wednesday, March 20, 1991

the title change.

Purschke, though, didn’t agree. It
was true, the city hadn’t paid cash
for the land. But in exchange for
the right-of-way, they had given
the Bush’s the right to subdivide,
to sell portions of their holdings
for a profit, In other words, there
was financial gain for the former
owner, and in exchange the lane
now belonged to the taxpayers in
the form of the Ministry of Muni-
cipal Affairs, which holds title to
all municipal roadways. ~- :

Purschke, therefore, believing fair
was fait, presented his case to the

Ministry of Municipal Affairs — if

the city doesn’t need the land, it
should be divided proportionately
between all adjacent home owners.

This has apparently stalled both
the title change and the construc-
tion of Tribruck’s apartment com-
plex, and today Purschke, Helen

turing right L] Driven

C) Cut in unsafely.

Areyouag
Or justa luckyone?

What's ICBC doing about it?

« We're working to reduce the number of accidents
traffic safety education. And by promoting’:

Right-of-way sought for

apartment.development

Bush, Tribruck Enterprises
(maybe) and the city await the
province’s decision.

We say "maybe" Tribruck Enter-
prises, because even though the
city has offered the best of two

worlds in their rezoning bid — a
rezoning bylaw including the lane,

a rezoning bylaw excluding the
lane, and an offer to rescind after
a public hearing the incorrect
bylaw:-—- they still haven’t heard
from Tribruck. Therefore, accord-
ing to city administrator Bob Hall-
sor, no date has been set for a
public hearing on their rezoning
application.

“With or without Tribruck, how-
ever, the Bush property is still for

CORPORAT!

sale and Purschke is still waiting to
see if the province agrees with his
claim to 10 feet of the 20-foot
right-of-way.

Haltsor doesn’t think Purschke
has much of a chance. He says
there are a number of similar en-
croachment problems in the city
that are dated in history, and the
city’s position has always been that
the person who originally gave up

litle should have first claim to the

property, a position, he notes, that
is also held by the Ministry of
Municipal Affairs as well.

City planner Marvin Kamenz

states the city’s postion in clearer
terms. First, the current dispute has
nothing to do with the city. The

Have you ever done any of the following?

|. CUExceeded the speed limit [1 Not signalled a -
lane change CO] Not stopped at a red light before

after drinking (1 Followed

too closely [1 Not come to a full stop at a stop
sign CO) Backed up unsafely C1 Not signalled a turn —

If you can honestly say you've never done any of
the above, then youre a really good driver.

Unfortunately, not everyone is a good driver. Or
even alucky one. In 1990 Autoplan is paying out
more in claims than at any time in history: more
than $4.5 million every working day.

through t
the use of safety belts.

ICBC also works with school children and *
educators, the police, safety councils and govern-
ments on continuing “grass roots” traffic safety

programs.

At ICBC, we'te doing what we can. But the real
solution lies with the individual motorist.

What can you do?

Obey the rules. We all know them. Stick tothe
speed limit. Use your turn signals. Don’t run yellow —
_ (and especially red) lights. Come to a complete

" stop at stop signs. Don’t drink and drive.
If were really going to control the rising costs in
lives, injuries and property damage — everybody

needs to help.

Learn and practice good driving habits. We can't

count on luck any longer.

CICBC

([TISH COLUMBIA

ood driver?

Together, we can drive
insurance costs down.

Return of unused land to donor questioned

Jand is owned by the province and

the city’s only involvement. is to:

say they elther need or don’t need
the land for a Jane. If they don’t, -

and that’s okay with the province,
the city gains title to the land but
with direct instructions from Vic-
toria on it’s disposal, which would

be to either give it back to the

original land owner-or split it up
between the neighbours. os

According to Kamenz, we can
expéct to see the first option. It’s
the norm, he says, because at the
time the Bushes built the existing
home a survey wasn’t required.
This is the reason there are a num-

-ber of encroachment problems in.

Tertace and other B.C. communi-
ties, That situation has changed —
a survey and inspection are now
required — but that doesn’t alter
the innocence of earlier excroach-
ment problems.

Boo
ye

ha ow eM ene vient tee a