A9
ADMINISTRATIVE REPORT
Date: October 8, 1996
Dept. File No.000 526
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposed Closure of a Portion of the
East Side of Arbutus Street South of 11th Avenue
RECOMMENDATION
THAT Council close, stop-up and convey to the abutting owner all
that portion of the east side of Arbutus Street, south of 11th
Avenue, as shown hatched on the plan attached as Appendix A,
subject to the following conditions:
1. The abutting owner to pay $83,840.00 plus G.S.T. if
applicable, for the 103.6 square metre (1115 square foot)
portion of Arbutus Street to be closed, in accordance with
the recommendation of the Manager of Real Estate Services;
2. The closed road is to be subdivided with the abutting Lot B
(see 463920L), Block 385, District Lot 526, Plan 1949,
dedicating for road the 6.2 square metre (67 square foot)
portion of Lot B as shown cross-hatched on the plan attached
as Appendix A, to the satisfaction of the Director of Legal
Services and the Approving Officer;
3. The abutting owner to be responsible for any costs to
relocate any services, if required, to the satisfaction of
the General Manager of Engineering Services;
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.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out
in the Vancouver Charter.
PURPOSE
The purpose of this report is to seek Council authority to close and
stop-up, and sell a portion of the east side of Arbutus Street, south
of 11th Avenue.
BACKGROUND
In 1994, Council approved an amendment to the Arbutus Street building
line, which results in a 10 foot wide portion of the east side of
Arbutus Street south of 11th Avenue, being surplus to the City's needs.
DISCUSSION
The City acquired the subject portion of Arbutus Street in January,
1939, as part of a larger lot (75 feet wide) lying between Arbutus
Street and the Canadian Pacific Railway right-of-way. In December,
1942, Council, by Resolution filed in the Land Title Office as DF
35495, established the West 17 feet of Lot 1 except part in Reference
Plan 2370, Block 385, District Lot 526, Plan 1949 as road, and approved
the sale of the remainder of the larger lot to "British Columbia
Breweries 1918 Limited".
The subject portion of road to be closed has not, in the 57 years since
its establishment, been developed for road purposes. A small portion
(6.2 square metres) of the abutting Lot B is required to finalize
acquisition of the lands required by the City for road purposes, within
the north half of Block 385.
The Manager of Real Estate advises that the $83,840.00 sale price
represents fair value for the portion of Arbutus Street to be sold.
The applicant will be responsible for all costs, plans, documents and
Land Title Office fees required to complete the closure.
CONCLUSION
The present width of Arbutus Street, south of 11th Avenue, is 10 feet
greater than required to meet our future road requirement. We
recommend that the 10 feet that is excess of our requirements be
closed, stopped-up and sold to the abutting owner, subject to the
conditions set out in this report.
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