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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