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 Lot 1 of Lot 4, Block 15, District Lot 526, Plan LMP 42396 encroach onto West 41^st Avenue;

3. The portion of West 41^st Avenue encroached upon, abutting said Lot 1, was dedicated by the deposit of Plan LMP 42396;

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 portion of West 41^st Avenue that are encroached upon.

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 that portion of road dedicated by the deposit of Plan LMP 42396, and included within the bold outline on a Reference Plan attested to by Mike E. Shaw, B.C.L.S. representing a survey completed on January 22, 2001, marginally numbered 30298-45, a copy of which is attached hereto; and

BE IT FURTHER RESOLVED THAT that all that volumetric portion of West 41^st Avenue included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 22^nd day of January, 2001, and certified correct by Mike E. Shaw, B.C.L.S., and marginally numbered 30298-45-A, a copy of which is attached hereto, be closed, stopped-up, and that an easement be granted to the abutting owner of 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 41^st Avenue. The said easement to be to the satisfaction of the Director of Legal Services.

* * * * *

(c) 1998 City of Vancouver