B.THAT all those volumetric portions of the lane northerly of Hastings Street, westerly from Howe Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 4th day of June, 1999 by Richard Fu, B.C.L.S., and marginally numbered 6500 - EZ4 (a reduced copy of which is attached hereto as Appendix B) be closed, stopped-up and that an easement be granted the abutting strata corporation as created by Strata Plan LMS 3322 to contain the "duct work for the ventilation system" for a kitchen within the Terminal City Club. The easement to be to the satisfaction of the Director of Legal Services.

ADMINISTRATIVE REPORT

Date: June 24, 1999
Author/Local: MG Thomson/7329
RTS No. 00822
CC File No. 5753

Council: July 20, 1999

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services, in consultation with the Director of Legal Services

SUBJECT:

Terminal City Club - Proposed Closure of a Portion of the Lane Northerly of Hastings Street, Westerly from Howe Street

Block 16, District Lot 541

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City an Explanatory Plan certified correct by Richard Fu, B.C.L.S. on June 4th, 1999 marginally numbered 6500-EZ3 (a reduced copy of which is attached hereto as Appendix A) and being the same as all that portion of lane northerly of Hastings Street, westerly from Howe Street dedicated by the deposit of Plan 4903 and apply to raise a title to the said lane in the name of the City of Vancouver.

B. THAT all those volumetric portions of the lane northerly of Hastings Street, westerly from Howe Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 4th day of June, 1999 by Richard Fu, B.C.L.S., and marginally numbered 6500 - EZ4 (a reduced copy of which is attached hereto as Appendix B) be closed, stopped-up and that an easement be granted the abutting strata corporation as created by Strata Plan LMS 3322 to contain the "duct work for the ventilation system" for a kitchen within the Terminal City Club. The easement 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 "A" and "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 this portion of the lane northerly of Hastings Street, westerly from Howe Street 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 Vancouver Charter.

PURPOSE

The purpose of this report is to obtain Council authority to grant a volumetric easement to contain the duct work for a ventilation system from the Terminal City Club at 837 West Hastings Street.

BACKGROUND

Construction of the new Terminal City Club was completed in mid-1998. In the fall, it was discovered that kitchen exhausts from the new Terminal City Club premises were creating objectionable odours in the ground floor bank and fashion store areas. The volume of the exhaust was such that even the residual odours in the treated exhaust fumes created problems. The Terminal City Club, reacting to the problem, installed a ventilation system which resulted in a minor encroachment by the duct work into the lane northerly of Hastings Street, westerly from Howe Street.

In October of 1998, the Terminal City Club applied to the City for an Encroachment Agreement for the duct work. The agreement was prepared and forwarded to the solicitors acting for the Terminal City Club in November of 1998.

DISCUSSION

By March, 1999, it became apparent that registration of the standard encroachment agreement in the Land Title Office was not going to be achieved.

The Terminal City Club lands were, in 1998, subdivided into four Air Space Parcels, each of which were subsequently strata titled. The Condominium Act requires that the strata corporation pass a special resolution to enter into the encroachment agreement. This is because the encroachment agreement is fundamentally a grant of an easement over a portion of the common property. The Condominium Act requires that all persons having an interest in the common property must consent to the grant.

The strata corporation that the ventilation ducts are attached to was created by Strata Plan LMS 3322. It contains eight (8) strata lots, all owned by the Terminal City Club. There are, however, over 100 charges registered against each strata lot. The Terminal City Club advises that obtaining the required consents would prove onerous.

A solution is available. If the strata corporation acquires a benefit, they do not need the consents of the said charge holders. If the City was to grant a volumetric easement to contain the encroaching ventilation system, these consents are not required.

The volumetric easement, in a fashion similar to the recent situation involving encroachments from strata titled buildings can contain the standard indemnities, fees and controls as the agreement under the Encroachment By-Law.

To achieve the registration of the volumetric easement, it is necessary to raise a title for the lane encroached upon and then for Council to close and stop-up the volumetric portion.

The said ducts of the ventilation system encroach a maximum of 0.955 metres (37.5 inches) and maintain a vertical clearance of at least 3.05 metres (10 feet) to the grade of the lane.

The General Manager of Engineering Services, in consultation with the Director of Legal Services, recommends approval of Recommendations A, B and C.

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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services, in consultation with the Director of Legal Services
SUBJECT:	Terminal City Club - Proposed Closure of a Portion of the Lane Northerly of Hastings Street, Westerly from Howe Street Block 16, District Lot 541