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 Parcel A, Block 76, District Lot 541, Group 1, New Westminster District, Plan LMP48947 encroach onto Homer Street;

3. The portion of Homer Street encroached upon, abutting said Parcel A, was dedicated by the deposit of Plan 210;

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. Portions of the building constructed on Parcel A, Block 76, District Lot 541, Group 1, New Westminster District, Plan LMP48947 encroach onto Hamilton Street;

6. A title already exists for the portion of Hamilton Street upon which the building encroaches;

7. As required by Section 244 of the Strata Property Act, it is necessary to register an easement to contain the said encroachment on the title to Hamilton Street, more particularly described as Lot K, except (A) part in Plan 4544, (B) portions coloured yellow on Plan 4959, (C) part in Explanatory Plan 17265, Block 76, District Lot 541, Plan 3469;

8. To enable Council to grant the required easements to contain encroachments, it is necessary for Council to close and stop-up the volumetric portions of Homer Street and Hamilton Street that are encroached upon.

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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 210 and included within the bold outline on a Reference Plan, attested to by Richard Fu, B.C.L.S., representing a survey completed on the 3^rd day of September, 2002, marginally numbered CAD: 6694MS1A, FILE: 6694MS1, a copy of which is attached hereto; and

BE IT FURTHER RESOLVED THAT all those volumetric portions of Homer Street and Hamilton Street, included within the heavy outlines and illustrated isometrically on a plan of survey completed on the 3^rd day of September, 2002, and certified correct by Richard Fu, B.C.L.S., and marginally numbered CAD: 6694MS1B, FILE: 6694MS1, a copy of which is attached hereto, be closed, stopped-up and that an easement be granted to the abutting owner of Parcel A, Block 76, District Lot 541, Group 1, New Westminster District, Plan LMP48947 to contain the portions of the existing building which encroach onto Homer Street and Hamilton Street. The said easement to be to the satisfaction of the Director of Legal Services.

(Closing of volumetric portions of Homer Street and Hamilton Street adjacent to 1275 Hamilton Street as approved by Council October 1, 2002).

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(c) 1998 City of Vancouver