Closure of Portion of Lane North of Grandview Hwy North, East from Nanaimo St

ADMINISTRATIVE REPORT

Date: August 27, 2002
Author/Local: M.G. Thomson/7328

RTS No. 02912

CC File No. 5753

Council: September 17, 2002

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services in Consultation with the Director of Real Estate Services and the Director of Legal Services

SUBJECT:

Closure of a Portion of the Lane North of Grandview Highway North, East from Nanaimo Street

RECOMMENDATION

A. THAT Council close, stop-up and convey all that portion of the lane lying north of Grandview Highway North, east of Nanaimo Street as shown hatched on the plan attached hereto as Appendix "A", subject to the following conditions:

1. the conveyance to occur for $36,200.00 plus GST if applicable, for the 83.8 square metres (902 square feet) of lane to be closed, in accordance with the recommendation of the Director of Real Estate Services;

2. the area of closed lane is to be consolidated with the abutting (P.I.D. 005-922-356), The South 58 feet of Lot A, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187, as owned by Vinod Prasad and Anita Prasad, the same as shown within the heavy outline on Appendix "A";

3. the consolidation to occur by way of a subdivision plan to the satisfaction of the Approving Officer dedicating back the portion of (P.I.D. 014-942-437), The South 2 feet of Lot 2, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 still required for lane and being the same as shown cross-hatched on Appendix "A";

4. the owner to be responsible for the relocation of the capped gas line beneath the lane;

5. the owner to be responsible for any necessary plans, documents and Land Title Office fees;

6. any agreements are to be to the satisfaction of the Director of Legal Services;

7. no legal right or obligation shall be created and none shall arise hereafter, until the documents are executed by the parties thereto.

B. THAT Council close, stop-up and convey all that portion of the lane lying north of Grandview Highway North, east of Nanaimo Street as shown hatched on the plan attached hereto as Appendix "B" subject to the following conditions:

1. the conveyance to occur for $36,200.00 plus GST, if applicable, for the 83.8 square metres (902 square feet) of lane to be closed, in accordance with the recommendation of the Director of Real Estate Services;

2. the area of closed lane is to be consolidated with the abutting (P.I.D. 014-942-691), Amended Lot A (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 as owned by Lydia Giuriato and with (P.I.D. 024-296-856), The North East Part of Lot A in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4, Town of Hastings Suburban Lands, Plan 2952, the same as shown within the heavy outline on Appendix "B";

3. the consolidation to occur by way of a subdivision plan to the satisfaction of the Approving Officer dedicating back the portion of (P.I.D. _______ ) The North 2 feet of Lot A, of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 still required for lane and being the same as shown cross-hatched on Appendix "B";

4. the said subdivision plan to dedicate as lane:

i. (P.I.D. ____ ),The East 8.5 feet of Lot A except the North 2 feet of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952;

ii. (P.I.D. ______ ),The East 8.5 feet of Lot B of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952;

iii. (P.I.D. 016-185-552),The East 8.5 feet of Lot C of Lots 13 and 14, Block 8, South West 1/4 of Section 34 Town of Hastings Suburban Lands, Plan 2952; and

iv. (P.I.D. 016-185-561),The East 8.5 feet of Lot D except Part in Reference Plan 1747 of Lots 13 and 14, Block 8, South West 1/4 of Section 34 Town of Hastings Suburban Lands, Plan 2952.

5. the owner to be responsible for the relocation of the capped gas line beneath the lane;

6. the owner to be responsible for any necessary plans, documents and Land Title Office fees;

7. any agreements are to be to the satisfaction of the Director of Legal Services;

8. no legal right or obligation shall be created and none shall arise hereafter, until the documents are executed by the parties thereto.

C. THAT Council rescind its motion of December 14, 1965 that read:

"BE IT RESOLVED that the following described portion of established lane be closed and stopped-up and conveyed to Lino Giuriato and Lydia Anne Giuriato, the owners of adjacent Lot "A" (Explanatory Plan 4103) of Lots Thirteen (13) and Fourteen (14), Block Eight (8), south west quarter (1/4) of Section Thirty-four (34), Town of Hastings Suburban Lands, according to a map or plan deposited in the Land Registry Office in the City of Vancouver, Province of British Columbia and numbered 2952, more particularly described as follows:

All that part of Lot "A" ex. N 2' And E 8.5' of Lots Thirteen (13) and Fourteen (14), Block Eight (8), south west quarter (1/4) of Section Thirty-four (34), Town of Hastings Suburban Lands, said part lying north east of a line drawn from a point on the north boundary of the said parcel distant 10 feet from the north east corner to a point on the east boundary distant 10 feet from the north east corner of the said parcel as shown on Explanatory Plan 4103.

(North East corner Nanaimo Street and Grandview Highway)"

D. THAT Council close, stop-up and convey, to the abutting owner, Lydia Giuriato all of (P.I.D. 024-296-856), The North East Part of Lot A, in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952, the same as shown shaded on Appendix "B", subject to the following conditions:

1. the conveyance to occur for a nominal sum of $10.00;

2. the area of closed lane is to be consolidated with the abutting (P.I.D. 014-942-691), Amended Lot A (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 as owned by Lydia Giuriato, and with the portions of closed lane shown hatched, the same as shown within the heavy outline on Appendix "B";

3. the 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 by the parties thereto.

COUNCIL POLICY

The authority for closing and disposing of streeets and lanes is set out in the Vancouver Charter.

SUMMARY

The 20-foot wide lane north of Grandview Highway North, between Nanaimo Street and the lane east of Nanaimo Street has long been used as part of the abutting private yards. It has been determined that the area is no longer required for lane purposes.

An application has been received to sell the lane to the abutting owners. The sale is supported, subject to the clean-up of a number of complex title matters that have evolved over the years.

The sale price of $36,200 for each half of the lane represents fair market value. With the applicants responsible for all plans, documents and fees the lane closure is supportable.

PURPOSE

The purpose of this report is to seek Council authority to close, stop-up and convey all the lane north of Grandview Highway North, between Nanaimo Street and the lane east of Nanaimo Street.

BACKGROUND

In 1906 on the deposit of Subdivision Plan 1187 a 16-foot wide lane, running in an east-west direction, was dedicated between Lots 1 to 7 and Lots 8 to 14, Block 8, South West 1/4 of Section 34 Town of Hastings Subdivision Lands, Plan 1187.

In 1910, Plan 2952 dedicated a lane, in a north south direction, said lane west of Lot 12, Block 8, Plan 1187 and, such lane of variable width, between 11.5 feet and 10 feet.

In 1949, the City acquired the South 2 feet of both Lot 1 and Lot 2, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187. Each were established as lane by document filed 47818 (see H13750L). The said Lots 1 and 2 were consolidated to form a Lot A, which said Lot A was subdivided such that Vinod and Anita Prasad are the current owners of The South 58 feet of Lot A, Block 8, South West 1/4 of Seciton 34, Town of Hastings Suburban Lands, Plan 1187 (see Appendix "A") lying north of the subject portion of lane.

Lots 13 and 14, Block 8, Plan 1187, were resubdivided by Plan 2952 in 1910 creating Lots A to D, Plan 2952, (dedicating the lane of variable width described above). The City acquired title to Lot A and Lot B, Plan 2952 through redemption for taxes in February 1939.

In 1945 the City established the North 2 feet of Lot A of Lots 13 and 14 Block 8 Town of Hastings Suburban Lands Plan 2952 as lane by document filed 39523. By 1954 the City was the owner of each of Lots A to D, Plan 2952.

In 1947 the East 8.5 feet of Lot A except the North 2 feet; the East 8.5 feet of Lot B; the East 8.5 feet of Lot C; as the East 8.5 feet of Lot D except the part of Lot D in Reference Plan 1747; were each established as lane by document filed 43892.

In 1954 upon deposit of Explanatory Plan 4103 the balance of Lots A to D, Plan 2952 were consolidated to form a single parcel described as Lot A, (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands Plan 2952, as owned by the City.

(The above-described actions, all combined, result in a 20-foot wide lane between the said South 58 feet of Lot A and the said Lot A (Explanatory Plan 4103) and a lane of width varying between 20 feet and 18.5 feet lying east of the said Lot A (Explanatory Plan 4103).

On March 31, 1954 prior to selling the said Lot A (Explanatory Plan 4103) Council resolved to establish a portion of "Lot A (except the North 2 feet and the East 8.5 feet of said Lots 13 and 14, Block 8, South West 1/4 of Section 34, Hastings Townsite Suburban Lands) said part lying North-east of a line drawn from a point in the North boundary of said parcel distant 10 feet from its North-east corner to a point in its East boundary distant 10 feet from said North-east corner" as lane. Document filed 61724 was deposited to effect the establishment in the Land Title Office on July 21, 1954.

This area is currently described as (P.I.D. 024-296-856), The North East Part of Lot A in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands Plan 2952. The City holds a live title raised as BM317343 shown as being established as lane by document filed 61724. This area is shown shaded on Appendix "B".

By 1965 the said Lot A (Explanatory Plan 4103) was owned by Lino and Lydia Giuriato.

On December 14, 1965 Council resolved to close, stop-up and convey to Mr. and Mrs. Giuriato the said North East Part of Lot A. On March 7, 1967 at 2:17 pm the resolution was filed in the Land Title Office as document filed 114354.

This resolution should have resulted in the cancellation of the City title to the said North East Part of Lot A. However in 1998, the Land Title Office, as part of an ongoing title cleanup exercise erroneously raised a title (BM317343) in the name of the City.

Mrs. Lydia Giuriato is the current owner of Amended Lot A (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34 Town of Hastings Suburban Lands, Plan 2952. It appears, however, it is not certain, that the said Amended Lot A (Explanatory Plan 4103) included, as it should, the said North East Part of Lot A.

The result is both Mrs. Giuriato and the City have title to the area shown shaded on Appendix "B". Mrs. Giuriato is the rightful owner.

DISCUSSION

Mr. and Mrs. Prasad and Mrs. Giuriato have applied to each purchase one half of the 20-foot wide lane lying between their properties.

The subject lane has, for some 40 years, been occupied with grass and garden and maintained by the Prasads and the Giuriatos. It has never been open as lane. An old gas line, in the lane, was capped 40 feet east of Nanaimo Street, many years ago but remains in place.

Engineering Services has determined that the 20-foot wide lane north of Grandview Highway North, between Nanaimo Street and the lane east of Nanaimo Street is no longer required for municipal purposes.
It can be closed, stopped-up and conveyed.

The Director of Real Estate Services has negotiated a sale and advises that the $36,200 sale price represents fair market value for the 83.8 square metres of lane (902 square feet) to be closed, stopped-up and conveyed to each abutting owner.

The said gas line, having been capped 40 feet east of Nanaimo Street will have to be removed. The two owners will share the responsibility for the removal of the gas line.

Over the years ownership, and hence titles have become very confusing in the immediate vicinity.

This sale represents an opportunity to simplify a very confusing situation and to correct the unfortunate anomaly where Mrs. Giuriato and the City both hold title to the said North East Part of Lot A (Explanatory Plan 4103).

Approval of Recommendation "C" allows the correction of the anomaly in the most efficient manner.

The applicants will be responsible for all costs, plans, documents and Land Title Office fees.

CONCLUSION

The General Manager of Engineering Services in consultation with the Director of Real Estate Services RECOMMENDS to Council the closure and conveyance of all the lane north of Grandview Highway North between Nanaimo Street and lane east of Nanaimo Street as shown hatched on Appendix "A" and Appendix "B". The General Manager of Engineering Services Recommends Council approval of Recommendations A to D, subject to the conditions contained in the Recommendations.

LINK TO APPENDICES A AND B

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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Real Estate Services and the Director of Legal Services
SUBJECT:	Closure of a Portion of the Lane North of Grandview Highway North, East from Nanaimo Street