ADMINISTRATIVE REPORT

Date: June 30, 1999
Author/Local: MG Thomson/7329
RTS No. 00848
CC File No. 5753

Council: July 20, 1999

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	3205 Queens Avenue - Proposed Closure of a Portion of the East Side of Rupert Street, North of Queens Avenue

RECOMMENDATION

THAT Council close, stop-up and convey to the abutting owner all that portion of the east side of Rupert Street, north of Queens Avenue, as shown hatched on the plan attached as Appendix A, subject to the following conditions:

1. The abutting owner to pay $47,000 plus G.S.T. if applicable, for the 128.7 square metre (1385 square foot) portion of Rupert Street to be closed, in accordance with the recommendation of the Manager of Real Estate Services;

2. The closed road is to be subdivided with the abutting Lot 15, except the West 17 feet and the North 3.5 feet, now Highways Blocks 37 and 38 District Lot 51 Plan 1735, dedicating for road the portions of the West 17 feet and the North 3.5 feet of Lot 15 shown cross-hatched on the plan attached as Appendix A, to the satisfaction of the Director of Legal Services and the Approving Officer;

3. The abutting owner to be responsible for any necessary plans, documents and Land Title Office fees;

4. Any agreeements are to be to the satisfaction of the Director of Legal Services;

5. No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed.

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 close, stop-up, and convey a portion of the east side of Rupert Street, north of Queens Avenue.

DISCUSSION

The City owned the whole of Lot 15 between December 16, 1938 and November 6, 1945. On November 17, 1941, by Council Resolution filed as document filed 33520, the City established the North 3.5 feet of Lot 15 as lane. On October 12, 1945, by Council Resolution filed as document filed 40844, the City established the West 17 feet of Lot 15 as road. The City has title to each of the West 17 feet of Lot 15 and the North 3.5 feet of Lot 15.

We have received a request from the owner of the Remainder of Lot 15 to purchase the portions of Rupert Street that are surplus.

When the City established the West 17 feet of Lot 15 for Rupert Street it was thought that Rupert Street may be widened to 100 feet. Those plans have been abandoned. While the ultimate width of Rupert Street is yet to be determined, there is no reason to anticipate that more than an ultimate width of 80 feet will be required. That is the original 66 feet plus 7 feet on each side.

As such, we are recommending to Council that we close, stop-up and convey a strip 10 feet wide to the abutting owner (17 - 7 = 10). This area is surplus to our needs.

The Manager of Real Estate Services advises that the $47,000 sale price represents fair value for the portion of Rupert Street to be conveyed. The applicant will be responsible for all costs, plans, documents and Land Title Office fees required to complete the conveyance.

CONCLUSION

The present width of Rupert Street, north of Queens Avenue, is 10 feet greater than required to meet our future road requirements. We recommend that the 10 feet that is surplus of our requirements be closed, stopped-up and conveyed to the abutting owner, subject to the conditions set out in this report.

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(c) 1998 City of Vancouver