LIDSTONE, YOUNG, BAKER & ANDERSON BARRISTERS & SOLICITORS Suite 1607 - 808 Nelson Street Box 12147, Nelson Square Telephone: (604) 689-7400 Vancouver, B.C. V6Z 2H2 Telecopier: (604) 689-3444 April 24, 1987 Mr. Ronald A. Freeman City Clerk City Hall FQ m7 - Port Coquitlam, B.C. MERZ 7 1987 V3C 2A8 ba Dear Ron: Re: Meridian Industrial Park ~ Pitt River Dyke Property ..... Your File No. L10-87RF Our File No. 19-S-113 Further to your letter and enclosures of April 1, 1987, we have considered the alternatives available to the City for disposition of the strip of land adjoining the Meridian Industrial Park, and have discussed the matter with Fred Peters, Mr. Beedie and Mr. Beedie’s solicitor. If Council wishes to give the owners of properties adjacent to the dyke limited rights to make use of the strip of land adjoining the dyke, our recommendation is that the City grant an easement in favour of the adjacent properties. Further to Council’s resolution of February 9, 1987 we have considered the possibility of sale or lease of the strip. Mr. Peters advises that a sale is not feasible as the Drainage and Dyking Commission would oppose any move by the City to give up owership of the strip. In any event, a sale would present many of the same drawbacks as a lease, as follows. The difficuities in granting a lease include: 1. A lease gives the lessee exclusive possession of the leased property, so it would be necessary to draft and register extensive documentation (perhaps including a Section 215 Covenant) to ensure the City’s fright to access and to control use of the property. Before leasing City property, Section 538 of the Municipal Act, R.S.B.C. 1979, c. 290 requires that Council hold an auction or tender call, or post notice of intention to lease to allow public bids for the land to be leased. Mr. Beedie advises that eventually there may be up to 25 parcels adjoining the strip - if a lease were granted, every time the adjoining land was subdivided a Cores: 3, R. Kir k EF. Pete ics