ADMINISTRATIVE REPORT

Date: December 22, 2000
Author/Local:R.T.Hargraves/7329

RTS # 01822

CC File: 5753

Council: January 9, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of Union Street, Hawks Avenue and the Lane South of Union Street East from Hawks Avenue 800 - 816 Hawks Avenue

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by David W. Parkin, B.C.L.S., on August 15, 2000, marginally numbered G-811 R1, defining the horizontal limits of the encroachments onto Union Street and Hawks Avenue (a reduced copy of which is attached as Appendix "A" - on file in City Clerk's Office), by the building at 800 - 816 Hawks Avenue and apply to raise title to the portions of Union Street and Hawks Avenue defined on the said Reference Plan, in the name of the City of Vancouver.

B. THAT all those volumetric portions of Union Street, Hawks Avenue and the lane south of Union Street, east from Hawks Avenue which said lane is more particularly described as the South 5 feet of Lots 1 and 2, Block 99, D.L. 181, Plan 196, included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 17th day of August, 2000 by David W. Parkin, B.C.L.S., and marginally numbered G-812 R1 a reduced copy of which is attached as Appendix "B" (on file in City Clerk's Office), be closed, stopped-up and that an easement be granted to the owner of abutting Parcel A, Block 99, District Lot 181, Plan LMP 42025, to contain the portions of the existing building which encroach onto Union Street, Hawks Avenue and the lane south of Union Street, east from Hawks Avenue. The easement to be for the life of the encroaching portion of the existing building on Parcel A, 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 EncroachmentBy-law.

If Council approves this report, the Formal Resolution to close the portions of Union Street , Hawks Avenue and the lane south of Union Street, east from Hawks 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 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 800 - 816 Hawks Avenue.

BACKGROUND

On January 9, 2001, Council approved the strata title conversion of the building at 800 - 816 Hawks Avenue. The Registrar of Land Titles has taken the position that to satisfy the Strata Property 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 portions of Union Street and Hawks Avenue, dedicated by the deposit of Plan 196, that are encroached upon.

Titles already exist to the lane being the South 5 feet of Lots 1 and 2, Block 99, D.L. 181, Plan 196 having been established as lane by DF 21686.

DISCUSSION

On the Union Street and Hawks Avenue sides of Parcel A, Block 99, District Lot 181, Plan LMP 42025, portions of the building foundation, entrance stairs, a roof level cornice and other minor architectural features encroach a maximum horizontal distance of 1.75 metres (5.74 feet). On the lane south of Union Street, east from Hawks Avenue (being the South 5 feet of Lots 1 and 2, Block 99, District Lot 181, Plan 196), portions of the buildingfoundation, a roof level cornice and other minor architectural features encroach a maximum of 0.6 metres (1.97 feet).

It is necessary to seek Council authority to raise a title to, and to close, stop-up and to authorize registration of a volumetric easement over the portions of Union Street and Hawks Avenue encroached upon, and to close, stop-up and authorize registration of a volumetric easement over the portions of the said lane being the South 5 feet of Lots 1 and 2, Block 99, District Lot 181, Plan 196.

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

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