vice ca 1TEM1 Bull, ooo ae Housser es cen tee & Tupper ‘ww bn corn nee ee ee ee Eee soe OurFite: ost fe co by Fax ‘The Corporation ofthe Township of Langley 4914-22181 Steet Langley, Briish Columbia VaA3ze Attention: Mr. Mark Bakken b Dear SirsMesdames: Re: BC Hydro Railway Line through the Township ‘You have asked us to provide you with our preliminary thoughts onthe issue of increased CPR freight waffic over the B C Hydro RRW (hereinafter defined) We understand the facts tobe as flows: ‘A. In 1907 the Township, by Bylaw adopted withthe assent ofthe electors, entered into ‘an agreement (the ‘Agreement’ with the Vancouver Power Company (“Company 5B The Agreement grants the Company the following: (@) the ght, ful permission and authority o maintain and operate a single or double line of railway or tramway forthe transpertaton of passengers and freight on its own Right-of-Way trough the municipality as part ofthe Electric Railway System connecting the Cy of New Westminster and the Town of| Chilnack (©) permission and authority to maintain and operate its system over, along, ‘across or under any public highways and roads in the Township of Langley, "ot being less than 40 feet in width subject to a numberof conditions. Those Condtions relate to the Company's operation of a tramway.bal, FR Pits. & Tupper ©. The Township agreed that t would rot allow any other electric alway or tramway to be built or operated along any public highway of road used by the Company, Pursuant tothe Agreement. This clause expires and has no further force or effect ater February 28°, 2006, 5. On or about 1980 the Company applied to the Public Utites Commission to cease the operation of passenger sorvce over the New Westminster to Chiwack ralway. line subject to replacement bus service being insituled. As pat ofthe order issued by the Pubic Utlles Commission the Company ageeed to pay $50,000.00 to Surrey ‘and Langley and $40,000.00 each to Matsqui, Sumas and Chiliwack for ‘compensation for road upgrading which would be necessary forthe bus service. E, BC Hydto isthe successor to the Company. The Right-of-Way Area containing the railway line ie currently owned by BC Hydro (BC Hycro Raitway RRW) and traverses the Township crossing a number of ‘municipal roads including Glover Road, Livingstone Road, Topham Road, Smith Crescent, Crush Road and Worrell Road. As the existence of the rads praviated the ‘existence ofthe raway ine the rallvay crosses the roads rather than the roads crossing the BC Hydro RRW. G. Inthe early 1960s BC Hydro sought to extend its ral line to the Roberts Bank ‘Superport. On February 24”, 1970 the Provincial Minister of Transpon., pursuant to Section 160 ofthe Railway Act, ordered thatthe BC Hydro railway ine trough the ‘Township be upgraded subject tothe following conditions: (@) that Glover Road be signalized on an interim basis and until such time as a ‘grade separation has been effected at that pont; (&) that Livingstone Road be signalized; (©) that tack excaits at both Glover Road and Livingstone Road be commensurate wih speeds in the areas affected: (4) that standard stop signs be erectod on the roadways within the boundary of the Raitway Right-of-Way to cause vehicular trafic appreaching the rally fo ‘slop before crossing te ralvay tracks at Topham Road, Smith Crescent and Worrell Road (©) that a standard iluminated red stop binking trafic signal be erected at Crush Road:Bull, Houser Tupper (9) thatthe cost ofthe signalization at Livingstone Road and Glover Road and the cost of installing the red stop flashing light at Crush Road be bome by the Raibvay and thatthe cost fo install and maintain the stop signs and the rea slop binker signal be borne by the Township, H. In 1993 8C Hyco granted to CPR a Statutory Rightot-Way (the "Right of Way ‘Agreement’ over the BC Hydro RRW (which excludes Glover Road, Livingstone Road, Topham Road, Smith Crescent, Crush Road and Worrall Road) fo he purpose of carrying on raiay operations which i defined in the Rightof Way ‘Agreement asthe operation of all business carried on by CP Rall. There is no ‘mention in the Right-of Way Agreement ofthe level crossings a the above- ‘mentioned roads nor mention of whois responsible forthe maintenance of evel ‘ossings. There is reference in Section 2.0 ofthe Right-of-Way Agreement ofthe ‘act that the Right-of-Way is subject in all respects to paragraphs 1.08 to 1.12 inclusive and Parts It and ill ofthe Master Agreement as well as any eights previously ‘ranted by BC Hytro to others as set out in Annexure IV ofthe Mester Agreement. (To date BC Hydro has not provided the Township with copy of the Master Agraement) 1. CPR.nuns coal and container trains over the BC Hyero RRW through the Township IRis expected that the expansion ofthe Reberts Bank Superport end the Deltaport, will greatly inczease CPR train vac along the BC Hydro RRW. Issues 1. Are there any restrictions on BC Hydro's ability to operat freight trains within the BC Hydro RW? 2 Does GPR enjoy he same rights as the Company with respect the BC Hyco RRW? 3, What steps can the Township take to eliminate or im the CPR train traf along the BC Hyco RRW?