LIDSTONE, YCUNG, ANDERSON

BARRISTERS & SOLICITORS

50] - 1803 Douglas Street | a Sar ; 1414 - 808 Melson Street
Victoria, B.C. Cy OF POT COMET nt Box 12127, Nelson Square
V8T 5C3 QRe dG CEPT. Vancouver, 8.C. V6Z2H2
Telephone: (604) 383-2063 , A Telephone: (604) 689-7400
Telecopier: (604) 689-3444 ~ Teleeopier: (604) 689-3444

BY LEGAL ALTERNATIVE

April 9, 1990

Mr. Doug Riecken
Deputy City Engineer
city of Port Coquitlam
2580 Shaughnessy Street
Port Coquitlam, B.C.
V3C 2A8

Dear Doug:

Res Highway Right of Way Agreement
Your File No. 406
Your Account No. LO7903R
Our File Ne. 139°-8-228

Further to your letter of March 30, 1990, we enclose a draft Right
of Way Agreement for highway purposes, for your consideration.

We note your comment that the City is increasingly employing
Statutory Right of Way Agreements to obtain lands for highway
purposes. While there is nothing inherently undesirable in that
practice, after some years there may be uncertainty as to whether
the land and the right of way area could be deemed a highway under
Section 4 of the Highway Act, R.S.B.C. 1979, c. 167. Tf desired,
the agreement could make express reference to the Highway Act and
the question of dedication by public use and maintenance.

In most cases where the use of the right of way area for highway
purposes is not anticipated to be temporary, it would be desirable
to obtain the land as dedicated highway either by purchase or by
highway exchange agreement under Section 574 of the Municipal Act,
R.S.B.C. 1979, c. 290.

In drafting the enclosed agreement, we have included a reference
in Section 1(a) to water, sewage, drainage, electrical and other
works often constructed in highway rights of way. However, the
agreement is in favour of the City alone and such works could only
lawfully be installed and maintained by the city. T£ utility
companies required a portion of the right of way area for such
facilities, they would be required to obtain their own rights of
way. We doubt that the City could lawfully obtain a right of way
on behalf of a third party (other than the public), as such
purposes are beyond the scope of the city's statutory authorities.

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