ADMINISTRATIVE REPORT

Date: February 2, 2001
Author: R.T. Hargraves/7329

RTS # 01895

CC File No. 5753

Council: February 20, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of West 41st Avenue 2060 West 41st Avenue

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Mike E. Shaw, B.C.L.S., on January 22, 2001, marginally numbered 30298-45, defining the horizontal limits of the encroachments onto West 41st Avenue (a reduced copy of which is attached as Appendix "A" - on file in the City Clerk's Office), by the building at 2060 West 41st Avenue and apply to raise a title to the portion of West 41st Avenue defined on the said Reference Plan, in the name of the City of Vancouver.

B. THAT all that volumetric portion of West 41st Avenue included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 22nd day of January, 2001 by Mike E. Shaw, B.C.L.S., and marginally numbered 30298-45-A, a reduced copy of which is attached as Appendix "B" (on file in the City Clerk's Office), be closed, stopped-up and that an easement be granted to the owner of abutting Lot 1 of Lot 4, Block 15, District Lot 526, Plan LMP 42396, to contain the portions of the existing building which encroach onto West 41st Avenue. The easement to be for the life of the encroaching portions of the existing building on Lot 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 the subject portion of West 41st 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.

PURPOSE

The purpose of this report is to obtain Council authority to grant an easement to contain the encroaching elements of the building at 2060 West 41st Avenue.

BACKGROUND

During the survey to prepare strata plans, it was discovered that a small portion of the newly constructed building at 2060 West 41st Avenue encroaches onto West 41st 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 portion of West 41st Avenue dedicated by the deposit of Plan LMP 42396 that is encroached upon.

DISCUSSION

On the West 41st Avenue side of Lot 1 of Lot 4, Block 15, District Lot 526, Plan LMP 42396, a roof-level cornice and other minor architectural features encroach a maximum of 0.07 metres (2.75 inches). It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over the portion of West 41st Avenue encroached upon.

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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(c) 1998 City of Vancouver