Vancouver City Council

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 Lot A, Block 2, District Lot 526, Group 1, New Westminster District, Plan BCP5255 encroach onto West 46^th Avenue;

3. The portion of West 46^th Avenue encroached upon, abutting said Lot A, was dedicated by the deposit of Plan 2183;

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 Lot A, Block 2, District Lot 526, Group 1, New Westminster District, Plan BCP5255 encroach onto East Boulevard;

6. The portion of East Boulevard encroached upon, abutting said Lot A, was dedicated by the deposit of Plan 1173;

7. 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;

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 West 46^th Avenue and East Boulevard that are encroached upon.

THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise titles in the name of the City of Vancouver to that portion of West 46^th Avenue dedicated by the deposit of Plan 2183 and to that portion of East Boulevard dedicated by the deposit of Plan 1173, each as included within the bold outline on a Reference Plan, attested to by Richard S. Fu, B.C.L.S., representing a survey completed on the 30^th day of June, 2004, marginally numbered File 2112-06927-0, a copy of which is attached hereto; and

BE IT FURTHER RESOLVED THAT all that volumetric portion of West 46^th Avenue and all that volumetric portion of East Boulevard, included within the heavy outlines and illustrated isometrically on a plan of survey completed on the 30^th day of June, 2004, and certified correct by Richard S. Fu, B.C.L.S., and marginally numbered File 2112-06927-1, a copy of which is attached hereto, 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 onto East Boulevard. The said easement to be to the satisfaction of the Director of Legal Services.

(Closing of volumetric portions of West 46^th Avenue and East Boulevard adjacent to 2096 West 46^th Avenue as approved by Council July 20, 2004)

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