RESOLUTION

MOVED BY Councillor

SECONDED BY Councillor

THAT WHEREAS:

1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;

2. Portions of the building constructed on Parcel A, Block 99, District Lot 181, Plan LMP 42025 encroach onto Union Street, Hawks Avenue and the lane south of Union Street east from Hawks Avenue;

3. The portions of Union Street and Hawks Avenue encroached upon, abutting said Parcel A, were dedicated by the deposit of Plan 196;

4. To provide for the registration of an easement to contain the said encroachments, as required by Section 244 of the Strata Property Act, it is necessary to raise title to the portion of street encroached upon;

5. To enable Council to grant the required easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of Union Street and Hawks Avenue that are encroached upon.

6. Titles exist to the portions of lane south of Union Street east from Hawks Avenue upon which the building encroaches;

7. As required by Section 244 of the Strata Property Act, it is necessary to register an easement to contain the said encroachment on the title to the lane, more particularly described as the South 5 feet of Lots 1 and 2, Block 99, District Lot 181, Plan 196, established as lane, see DF 21686.

8. To enable Council to grant the required easements to contain the encroachment, it is necessary for Council to close and stop-up the volumetric portions of the lane that are encroached upon.

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THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver to raise title in the name of the City of Vancouver to those portions of Union Street and Hawks Avenue dedicated by the deposit of Plan 196 and included within the bold outline on a Reference Plan attested to by David W. Parkin, B.C.L.S. representing a survey completed on August 15, 2000, marginally numbered G-811 R1; and

BE IT FURTHER RESOLVED THAT all those volumetric portions of Union Street and Hawks Avenue included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 17th day of August, 2000, and certified correct by David W. Parkin, B.C.L.S., and marginally numbered G-812 R1, be closed, stopped-up, and that an easement be granted to the abutting owner of Parcel A, Block 99, District Lot 181, Plan LMP 42025 to contain the portions of the existing building which encroach onto Union Street and Hawks Avenue. The said easement to be to the satisfaction of the Director of Legal Services.

BE IT FURTHER RESOLVED THAT all those volumetric portions of the lane south of Union Street, east from Hawks Avenue more particularly described as the South 5 feet of Lots 1 and 2, Block 99, District Lot 181, Plan 196 and having been established as lane by DF 21686 included within the heavy outlines and illustrated isometrically on a plan of survey certified correct by David W. Parkin, B.C.L.S. on August 17, 2000, and marginally numbered G-812 R1, be closed and stopped-up and that an easement be granted to the abutting owner of Parcel A, Block 99, District Lot 181, Plan LMP 42025 to contain the portions of the existing building which encroach onto the lane south of Union Street, east from Hawks Avenue. The said easement to be to the satisfaction of the Director of Legal Services.

(Closing of volumetric portions of Union Street, Hawks Avenue and the lane south of Union Street, east from Hawks Avenue adjacent to 800 - 816 Hawks Avenue as per January 9, 2001 Council authority).

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(c) 1998 City of Vancouver