|
CITY OF VANCOUVER Administrative Report |
Date: |
January 5, 2005 |
Author: |
M.G. Thomson |
Phone No. |
7328 |
RTS No. |
4807 |
CC File No. |
5753 |
Meeting Date: |
February 1, 2005 |
TO: |
Vancouver City Counci |
FROM: |
General Manager of Engineering Services |
SUBJECT: |
Proposed Closure of a Portion of the South Side of Hastings Street Between Cassiar Street and Skeena Street |
RECOMMENDATION
THAT Council close, stop-up and convey to the abutting owner (McDonald's Restaurants of Canada Ltd.) all that portion of the south side of Hastings Street between Cassiar Street and Skeena Street as shown cross-hatched on the plan attached hereto as Appendix "A" subject to the following conditions:
1. The conveyance of the approximate 15.9 square metre (171 square foot) portion of Hastings Street to occur for a nominal $10.00 plus GST, if applicable;
2. The closed road to be subdivided with the abutting McDonald's-owned Parcel B of Lot 61, Town of Hastings Suburban Lands, Plan LMP42679 to create a single parcel as shown heavy outlined on the plan attached as Appendix "A" to the satisfaction of the Approving Officer;
3. The subdivision plan to dedicate as road all those portions of:
a) The North 20 feet of Lots 1 to 16 inclusive, all of Lot 61, Town of Hastings Suburban Lands, Plan 1413 still required for Hastings Street; and
b) Lots 1 to 8, except the North 20 feet of each lot now road, of Lot 61, Town of Hastings Suburban Lands, Plan 1413 as shown on Highway Plan 46;
both to the satisfaction of the General Manager of Engineering Services and the Approving Officer;
4. The abutting owner to be responsible for any necessary plans, documents and Land Title Office fees;
5. Any agreements are to be to the satisfaction of the Director of Legal Services;
6. No legal right or obligation shall be created and none shall arise hereafter until the documents are executed.
If Council approves this report, the Formal Resolution to close this portion of Hastings Street 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 close, stop-up, and convey to the abutting owner a sliver of the south side of Hastings Street between Cassiar Street and Skeena Street.
BACKGROUND
In June, 1907 a survey was completed (registered as Plan 1413) which created 16 lots on the south side of Hastings Street between Cassiar Street and Skeena Street. Each lot was intended to be 33 feet wide and 122 feet in depth. Hastings Street in front of the subject lands was dedicated by the deposit of Plan 100 and was purported to be 66 feet wide.
In or about 1912, the City decided it was appropriate to widen Hastings Street to 86 feet and passed a bylaw to this effect. A survey plan, deposited in the Land Title Office as Plan 4299, was prepared for this purpose.
The survey for Plan 4299 found that Hastings Street existed wider than 66 feet and, as such, a widening of less than 20 feet would be required. Plan 4299, intending to widen Hastings Street to 86 feet, shows that 18.83 feet would be required at Cassiar Street and 19.56 feet at Skeena Street.
In the same general time frame (1912 to 1913), the City acquired transfers of the North 20 feet of each of Lots 1 to 16, Plan 1413 from the then owners. The Formal Resolution (DF49717) for the area acquired by the City, which was not deposited in the Land Title Office until 1950, makes reference to Plan 4299, but establishes as road the North 20 feet of each of Lots 1 to 16, Plan 1413.
As such, between 1912 and at least 1950, the south boundary of Hastings Street in the subject block was thought to be that shown on Plan 4299, when it really was approximately 1 foot farther south. That is, at Cassiar Street it was 1.17 feet farther south (20 - 18.83 = 1.17) and at Skeena Street, it was 0.44 feet farther south (20 - 19.56 = 0.44).
We note that on Plan 1413 in the Land Title Office, the following note appears: "Surveyor's Note: Dedication instruments in Filing 49717 transfer the North 20' for road. Road widening Plan 4299 shows various measurements 20' and less. Conveyance of N 20' will prevail. Registrar 20/9/57.".
The owners, occupiers of Lots 1 to 16, have operated on the premise that the limits as shown on Plan 4299 would govern. The result is that there is an overlap between the titles the City
has for the North 20 feet of Lots 1 to 16 and the balance of the lands as implied by Plan 4299.
The purpose of this report is to acquire the formal Council authorities to correct this anomaly.
In 1961, the Ministry of Transportation and Highways prepared a survey deposited as Highway Plan 46 that intended to acquire additional portions of Lots 1 to 8, Plan 1413. Highway Plan 46 ignores the conveyance of the North 20 feet of Lots 1 to 16, and is based on the dimensions as they appear on Plan 4299. We note that by virtue of the "Form 12's" having been filed against McDonald's titles in June of 1995, the portions on Highway Plan 46 are now dedicated road. The result is there is an overlap between the dedicated road on Highway Plan 46 and the City's established titles for the North 20 feet of Lots 1 to 8. ("Form 12's" are Land Title Office instruments by which the areas shown on Highway Plans are "excepted" from private titles and deemed to be dedicated as road).
DISCUSSION
All structures on the lands have been constructed as if the limits on Plan 4299 applied. This has resulted in encroachments from the structures on site onto Hastings Street.
This matter came to the attention of the present owner (McDonald's) in 1999 when they applied for a Development Permit to build a new restaurant at the corner of Hastings Street and Cassiar Street. We have worked with McDonald's solicitor to review the matter, and have all concluded that the problem of these overlaps must be resolved.
(In July of 1999, McDonald's consolidated their holdings in the block into a single lot, being: Parcel B of Lot 61, Town of Hastings Suburban Lands, Plan LMP42679).
It is clear that the limits as shown on Plan 4299 represent the extent of the City's needs. Hastings Street would then be 86 feet wide as intended. This leaves a sliver, approximately 0.81 feet wide, in the middle of the block and 0.44 feet wide at Skeena Street, 264 feet long (15.9 square metres, 171 square feet) that is "surplus". It is this area as shown cross-hatched on Appendix "A" that we propose to close, stop-up and convey to McDonald's.
We propose the conveyance to be for a nominal fee of $10.00 plus GST if applicable. This is based on McDonald's paying all subdivision application fees and all costs for the new survey plans, amendments to registered charges, including an encroachment agreement and all Land Title Office fees. Further, as the error (in 1912/1913) was created by the City, the land is no longer required for road and the abutting owner is cooperative, it is reasonable to complete the conveyance for a nominal fee.
The final subdivision plan and transfer documents will be complex. We have determined the only solution is to formally close and stop-up all of the portions of Hastings Street being the North 20 feet of Lots 1 to 16, Plan 1413 and those portions of Lots 1 to 8, Plan 1413 on Highway Plan 46, and re-subdivide them with Parcel B, Plan LMP 42679 consolidating the excess portions of Hasting Street and rededicating the portions still required for road. It is the southerly limits of the areas as shown on Plan 4299 and Highway Plan 46 that are required for road, and not the southerly limit as created by the North 20 feet of each lot. As there is a single owner (McDonald's Restaurants) of the abutting lands, this process can be accomplished on a single plan. If there were multiple owners, the process would be very complex.
The subdivision will be subject to the approval of the Approving Officer and will meet all his requirements.
CONCLUSION
There is before us an opportunity to correct a 92-year-old document error. Therefore, the General Manager of Engineering Services recommends the approval of the Recommendation contained herein, subject to the conditions as listed.
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