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. * * * * *