ADMINISTRATIVE REPORT

Date: August 10, 2001
Author/Local: R.T. Hargraves, 7329

RTS No. 02259

CC File No. 5753

Council: September 18, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of the East Side of Heatley Avenue, North of Cordova Street

RECOMMENDATION

A. THAT all that portion of Heatley Avenue shown hatched on the plan attached as Appendix "A" (the easterly 7.0 feet) be closed, stopped-up and conveyed to the abutting owners subject to the following conditions:

1. The purchase price to be $ 34,000.00 plus G.S.T. if applicable, for the 79.4 square metre (854 square feet) portion of road to be closed, in accordance with the recommendation of the Director of Real Estate Services;

2. The area of closed road is to be consolidated with the abutting Amended Lot 39 (see 117271L), Block 51, District Lot 181, Plan 196 and with Lot 1, Block 51, District Lot 181, Plan 16102 so as to form a single parcel as shown within the heavy outline on the plan attached as Appendix "A" to the satisfaction of the Director of Legal Services;

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

4. Any agreements 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.

If Council approves this report, the Formal Resolution to close this portion ofHeatley Avenue will be before Council later this day for approval.

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 seek Council authority to close, stop-up and convey to the abutting owners a portion of the east side of Heatley Avenue north of Cordova Street.

BACKGROUND

A portion of Heatley Avenue, formerly the West 7 Feet of Lot 40, Block 51, District Lot 181, Plan 196 was established for road purposes in 1944 by document filed 39344. This establishment resulted in an overall width of Heatley Avenue at this location of 73 feet. A portion of the building constructed on the adjacent Amended Lot 39 encroaches onto this portion of Heatley Avenue. Since September 9, 1977, the encroachment has been validated under an agreement registered at the Land Title Office as E65090.

DISCUSSION

The owner of Amended Lot 39 has made application, subject to purchase price and consolidation, to acquire the surplus portion of Heatley Avenue. At this location of Heatley Avenue, Engineering Services has determined that a width of 66 feet provides a sufficient road corridor. The remaining 7 feet wide strip of road is therefore surplus to our needs. As such, we are recommending to Council that we close, stop-up and convey a strip 7 feet wide to the abutting owner. Upon consolidation, the existing encroachment agreement registered as E65090 is to be released from the title to Amended Lot 39 (see 117271L), Block 51, District Lot 181, Plan 196.

CONCLUSION

The present width of Heatley Avenue, north of Cordova Street, is 7 feet greater than required to meet our future road requirements. The General Manager of Engineering Services recommends that the 7 feet that is surplus to 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