Vancouver City Council

ADMINISTRATIVE REPORT

Date: July 2, 2004
Author/Local: A. Di Nozzi/7329

RTS No. 04408
CC File No. 5753
Meeting Date: July 20, 2004

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services

SUBJECT:

2096 West 46th Avenue - Proposed Closure of a Portion of the South Side of West 46th Avenue, East from East Boulevard and the East Side of East Boulevard, South from West 46th Avenue

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Richard S. Fu, B.C.L.S., on the 30^th day of June, 2004, marginally numbered File 2112-06927-0 (a reduced copy of which is attached as Appendix "A") defining the horizontal limits of the encroachments onto West 46^th Avenue, east from East Boulevard and onto East Boulevard, south from West 46^th Avenue, by the building at 2096 West 46^th Avenue and apply to raise title to the portions of West 46^th Avenue and East Boulevard defined on the said Reference Plan, in the name of the City of Vancouver.

B. THAT all that volumetric portion of West 46^th Avenue and all that volumetric portion of East Boulevard included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 30^th day of June, 2004, by Richard S. Fu, B.C.L.S., and marginally numbered File 2112-06927-1 (a reduced copy of which is attached as Appendix "B"), be closed, stopped-up and that an easement be granted to the owner of abutting Lot A, Block 2, District Lot 526, Group 1, New Westminster District, Plan BCP5255, to contain the portions of the existing building which encroach onto West 46^th Avenue and East Boulevard. The easement to be for the life of the encroaching portion of the existing building on said Lot A, and to be to the satisfaction of the Director of Legal Services.

C. THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

If Council approves this report, the Formal Resolution to close the portion of West 46^th Avenue and the portion of East Boulevard will be before Council later this day for approval.

COUNCIL POLICY

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

PURPOSE

The purpose of this report is to obtain Council authority to grant an easement to contain the encroaching elements of the building located at 2096 West 46^th Avenue.

BACKGROUND

The subject property presently has a four-storey mixed-use building under construction in accordance with Development Permit DE407279. The Development Permit proposes construction of encroachments onto West 46^th Avenue and onto East Boulevard. The applicant desires to Strata Title the building in accordance with the Strata Property Act.

The Registrar of Land Titles has taken the position that to satisfy the Strata Property Act, the strata corporation must have control over the portion of street or lane affected by the building encroachment, for the life of the building. To accomplish this, the volumetric portion of street or lane containing the encroachments must be closed, stopped-up and an easement granted for the volumetric portions of the building that encroach. It will be necessary to raise a title for the portion of West 46^th Avenue dedicated by the deposit of Plan 2183 and the portion of East Boulevard dedicated by the deposit of Plan 1173, that are encroached upon.

DISCUSSION

On the West 46^th Avenue side of Lot A, Block 2, District Lot 526, Group 1, New Westminster District, Plan BCP5255, there is a cornice that encroaches a maximum of 0.30 metres (0.98 feet) onto West 46^th Avenue. On the East Boulevard side of said Lot A, there is a cornice that encroaches a maximum of 0.30 metres (0.98 feet) onto East Boulevard. It is necessary to seek Council approval to close, stop-up and authorize registration of a volumetric easement over a portion of the south side of West 46^th Avenue, east from East Boulevard dedicated by the deposit of Plan 2183, and a portion of the east side of East Boulevard, south from West 46^thAvenue dedicated by the deposit of Plan 1173, for which Recommendation "A" seeks authority to raise a title to.

The said encroachments were authorized at the time of the issuance of the Development Permit. At that time, there was no indication that the building was to be strata titled. To accommodate the said encroachments, Easement and Indemnity Agreement BV312692, Priority Agreement BV312693, Statutory Right of Way BV312694, Priority Agreement BV312695, Equitable Charge BV312696 and Priority Agreement BV312697 were registered on the title of said Lot A on August 11, 2003. These agreements will be replaced by the volumetric easement sought herein.

We are RECOMMENDING that fees and annual rentals be charged as per the Encroachment By-law. This is consistent with past Council direction.

LINK TO APPENDICES A AND B

* * * *

General Mgr./Dept. Head:

Date:

This report has been prepared in consultation with the departments listed to the right, and they concur with its contents

Report dated:

July 4, 2004

Author:

A. Di Nozzi

Phone:

873-7329

Concurring Departments


TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	2096 West 46th Avenue - Proposed Closure of a Portion of the South Side of West 46th Avenue, East from East Boulevard and the East Side of East Boulevard, South from West 46th Avenue


General Mgr./Dept. Head:
Date:
This report has been prepared in consultation with the departments listed to the right, and they concur with its contents
Report dated:	July 4, 2004
Author:	A. Di Nozzi
Phone:	873-7329
Concurring Departments