ADMINISTRATIVE REPORT

Date: January 31, 2002
Author/Local: R.T. Hargraves/7329

RTS No. 02518

CC File No. 5127

Council: March 5, 2002

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director Non-Market Operations, the Director of Legal Services and the Director of Real Estate Services.
SUBJECT:	Mountain View Cemetery - Cadastral Boundary Matters Proposed Closure of a Portion of the South Side of 41st Avenue, East of Prince Edward Street

RECOMMENDATION

THAT all that portion of the south side of 41st Avenue, east of Prince Edward Street shown hatched on the plan attached as Appendix "A" be closed and stopped-up subject to the following conditions:

1. The area of closed road is to be subdivided with Parcel E, District Lot 642, Group 1, New Westminster District, Plan LMP 41103, so as to form a single parcel, to the satisfaction of the Director of Legal Services and the Approving Officer;

2. Those portions of Lots 16, 17 and 18 in Explanatory Plan 5912 shown shaded on Appendix A, to be dedicated for road;

3. The maintenance of the portion of the existing water service that will be situated on Cemetery land be turned over to the Mountain View Cemetery.

If Council approves this report, the Formal Resolution to close this portion of the south side of 41st Avenue will be before Council later this day for approval.

COUNCIL POLICY

The authority for closing and disposing of streets and lanes is set out in the VancouverCharter.

On June 18, 1998, the Standing Committee of City Services and Budgets approved the report of the Director, Non-Market Operations (formerly the Manager of Non-Market Housing) including expenditures totalling $405,000.00 to develop a Master Plan for the Mountain View Cemetery.

On January 26, 1999, Council adopted a report dealing with cadastral boundary matters for the Mountain View Cemetery from 31st Avenue to 43rd Avenue, between Prince Edward Street and Fraser Street.

PURPOSE

The purpose of this report is to seek Council authority to close and stop-up a portion of the south side of 41st Avenue east of Prince Edward Street, for consolidation with the adjacent Mountain View Cemetery.

BACKGROUND

Mountain View Cemetery located from 31st Avenue to 43rd Avenue, between Prince Edward Street and Fraser Street, has been owned and operated by the City of Vancouver since 1887.

On April 6, 1903, the City acquired Blocks 16, 17 and 18, District Lot 642, Plan 733A. In October of 1959 under Document Filed 81395, and on deposit of Explanatory Plan 5912, the City established as road, the North 17 feet of Blocks 16, 17 and 18, and the West 33 feet (except the North 17 feet) of Block 16.

In February of 1999, the City consolidated the balance of Blocks 16, 17 and 18 with Blocks 13, 14 and a portion of Block 15, by deposit of Reference Plan LMP 41103, to form a single Parcel E.

DISCUSSION

On January 26, 1999, Council adopted a report describing the cadastral boundary (property line) situation for the Mountain View Cemetery. The report identified discrepancies between the physical limits and legal limits of the Cemetery, as well as recommending a multi-stage program to identify and correct problems related to the cadastral boundaries, in order to facilitate future development of the site. As a result of this report, a portion of the north side of 41st Avenue, east of Prince Edward Street has been widened by eight (8) feet, dedicated road on Reference Plan LMP 43080. In October 1959 under Document Filed 81395, and on deposit in the Land Title Office of Explanatory Plan 5912, the City established as road theNorth 17 feet of Blocks 16, 17 and 18, and the West 33 feet (except the North 17 feet) of Block 16, District Lot 642 Plan 733A.

At this location, the Cemetery physically occupies an 8 foot wide strip of the 41st Avenue road allowance. Engineering Services has determined that this portion of 41st Avenue is surplus to our needs. Adding the surplus portion to the Cemetery lands will make the physical limit match the legal limit.

As the portions of Lots 16, 17 and 18 in Explanatory Plan 5912 exist as road in title, established under Document Filed 81395, and as only a portion of each will be closed and stopped-up, the process is actually a subdivision. On a single subdivision plan, a larger lot will be created by the consolidation of Parcel E with the closed portions of road and the balance of the titled portions of road will be dedicated.

There is an existing water service for the Cemetery located within this road strip. The service runs across 41st Avenue from north to south, then runs west for 56 feet, parallel to the existing property line. The service has a 2.5 foot offset from the existing property line. The maintenance of the portion of the service that would be situated on the Cemetery land would be turned over to the Cemetery.

CONCLUSION

At this location of 41st Avenue we have determined that an 8 feet wide strip of road adjacent to and occupied by Cemetery lands, is surplus to our needs, therefore the General Manager of Engineering Services recommends approval of the Recommendation.

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(c) 1998 City of Vancouver