ADMINISTRATIVE REPORT

Date: October 15, 1998
Author/Local: M.G. Thomson

B.C.L.S. - 7329
Dept. File No. 000 181

RTS # 00161

CC File No. 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	679 East Georgia Street - Proposed Closure of a Portion of East Georgia Street and Heatley Avenue

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Brian W. Collins, B.C.L.S., on October 14th 1998, marginally numbered 98-300/1, defining the horizontal limits of the encroachments onto East Georgia Street and Heatley Avenue (a reduced copy of which is attached as Appendix "A"), by the building at 679 East Georgia Street and apply to raise title to the portion of East Georgia Street and Heatley Avenue, defined on the said Reference Plan, in the name of the City of Vancouver.

B. THAT all those volumetric portions of East Georgia Street and Heatley Avenue included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 14th day of October 1998 by Brian W. Collins, B.C.L.S., and marginally numbered 98-300/2, a reduced copy of which is attached as Appendix "B", be closed, stopped-up and that an easement be granted to the owner of abutting Parcel 1, Block 84, District Lot 196, Plan LMP 37445, to contain the portions of the existing building which encroach onto East Georgia Street and Heatley Avenue. The easement to be for the life of the encroaching portion of the existing building on said Parcel 1, and to be to the satisfaction of the Director of Legal Services.

C. THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

If Council approves this report, the Formal Resolution to close these portions of East Georgia Street and Heatley Avenue will be before Council later this day for approval.

COUNCIL POLICY

The authority for closing and disposing of street and lanes is set out in the Vancouver Charter.

The subject property contains a municipally designated heritage building, built circa 1900, which is listed as a category "B" on the Vancouver Heritage Register. Permitting the building to remain encroaching onto the street will help ensure preservation, and is therefore consistent with Council's heritage policy.

PURPOSE

The purpose of this report is to obtain Council authority to grant an easement to contain the encroaching elements of the building at 679 East Georgia Street.

BACKGROUND

On October 20, 1998, Council approved the strata title conversion of the building at 679 East Georgia Street. The Registrar of Land Titles has taken the position that to satisfy the Condominium Act, the strata corporation must have control over the portion of street or lane affected by the building encroachment, for the life of the building. To accomplish this, the volumetric portion of street or lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. It will be necessary to raise a title for the portion of East Georgia Street and Heatley Avenue, dedicated by the deposit of Plan 196, that is encroached upon.

DISCUSSION

On the East Georgia Street and Heatley Avenue sides of Parcel 1, Block 84, District Lot 196, Plan LMP 37445, portions of facade of the building including its foundation, the eaves, and other minor architectural features encroach from the ground to the roof, a maximum of 0.591 metres (23 inches). In addition, there is a set of stairs that encroach. As they do not form part of the building structure, they have been addressed through a standard encroachment agreement, separate from this process. It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over a portion of East Georgia Street and Heatley Avenue.

We are recommending that fees and annual rentals be charged as per the Encroachment By-law. This is consistent with past Council direction.

NOTE FROM CLERK: APPENDICES A&B NOT AVAILABLE ELECTRONICALLY -ON FILE IN THE OFFICE OF THE CITY CLERK.

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(c) 1998 City of Vancouver