ADMINISTRATIVE REPORT

Date: January 2, 2002
Author/Local: MG Thomson/7328

RTS No. 02475

CC File No. 5753

Council: February 5, 2002

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Real Estate Services
SUBJECT:	Closure of the Lane North of Simpson Avenue East of Blanca Street

RECOMMENDATION

THAT Council close, stop-up and convey all of (the North 10 feet of Lot 18 and the North 10 feet of Lot 19, both Block 128, District Lot 540, Plan 229) the lane north of Simpson Avenue, east of Blanca Street adjacent to Lots E and Lot F, Block 128, District Lot 540, Plan 18511 the same as shown hatched on the plan attached hereto as Appendix "A" subject to the following conditions:

1. The applicants (the owners of Lot E and Lot F respectively) to pay $94,000 plus GST if applicable for the 1,200 square feet of lane to be closed in accordance with the recommendation of the Director of Real Estate Services;

2. The subject lane to be subdivided with the said Lot E and Lot F to create two (2) lots generally as shown heavy outlined on the plan attached hereto as Appendix "A" to the satisfaction of the Director of Legal Services and the Approving Officer;

3. The abutting owners 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 by the parties thereto.

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 obtain Council authority to close, stop-up and convey all of the lane north of Simpson Avenue, east from Blanca Street.

BACKGROUND

The City was the owner of all of Lot 18 and Lot 19, both Block 128, District Lot 540, Plan 229. In April 1939, Council resolved to sell Lot 18 and Lot 19.

As part of the disposition, Council resolved to withhold the North 10 feet of each lot for lane. The actual resolution to establish the North 10 feet of Lot 18 and the North 10 feet of Lot 19 as lane did not go to Council until 1981 and was deposited in the LTO as filing J39423 on May 6, 1981.

In 1980, the then private owners of the balance of Lot 18 and Lot 19 received subdivision approval and created the current Lot E (at 1470 Blanca Street) and Lot F (at 4687 Simpson Avenue), Block 128, District Lot 540, Plan 18511.

DISCUSSION

The current owners of Lot E and Lot F have made application to acquire the lane adjacent to their property.

On review, staff have determined that:

1. The lane has never been opened;
2. The area is part of a steep side slope which would make opening the lane difficult; and

3. The prospects for obtaining a full lane system in the block are extremely low. We have achieved no additional dedications over the last 60+ years and the neighbourhood is fully built out.

As such, we have determined the lane is surplus to our needs.

The Director of Real Estate Services advises that the $94,000 sale price represents fair value for the portion of lane to be conveyed. The applicants will be responsible for all costs, plans,documents and Land Title Office fees required to complete the conveyance.

CONCLUSION

The General Manager of Engineering Services recommends to Council the closure and conveyance of all the lane north of Simpson Avenue, east of Blanca Street (the North 10 feet of Lot 18 and the North 10 feet of Lot 19, both Block 128, District Lot 540, Plan 229) subject to the conditions contained in the Recommendation.

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(c) 1998 City of Vancouver