Date: May 20, 1997
                                           Dept. File No.000 196
                                           CC File No.: 5753-1

   TO:       Vancouver City Council

   FROM:     General Manager of Engineering Services

   SUBJECT:  Proposed Closure of portion of Carrall Street and Cordova


        A.   THAT Council authorize the Director of Legal Services to sign
             on behalf of the City the Reference Plan attested to by B.J.
             Oke, B.C.L.S. on May 1, 1997, marginally numbered S-9306,
             defining the horizontal limits of the encroachments onto
             Carrall Street and Cordova Street (See Appendix  A ) and apply
             to raise title to the portions of Carrall Street and Cordova
             Street defined on the said Reference Plan in the name of the
             City of Vancouver.

        B.   THAT all those volumetric portions of Carrall Street and
             Cordova Street included within the heavy outlines and
             illustrated isometrically on the plan prepared by B.J. Oke,
             B.C.L.S., dated May 1, 1997 and marginally numbered S-9318, a
             reduced copy of which is attached hereto as Appendix  B , be
             closed, stopped-up, and that an easement be granted to the
             owner of abutting Lot D, Block 7, District Lot 196, Plan LMP   
                , to contain portions of the existing building which
             encroaches onto Carrall Street and Cordova Street. The
             easement to be for the life of the encroaching portion of the
             existing building on said Lot D, and to be to the satisfaction
             of the Director of Legal Services.

        C.   THAT the fees for documentation preparation, registration and
             use of the easement referred to in Recommendation  B  are to
             be in accordance with those charged for in an agreement
             pursuant to the Encroachment By-Law.

        If Council approves this report, the Formal Resolution to close
        this portion of Carrall Street, Cordova Street and the lane South
        of Cordova Street will be before Council later this day for


   The authority for closing and disposing of streets and lanes is set out
   in the Vancouver Charter.


   This report is required to obtain Council authority to grant an easement
   to contain the encroaching elements of the building located at 298
   Carrall Street, which is to be strata titled. The encroachments are
   limited to roof cornices.


   On January 15, 1996, the Development Permit Board granted approval for
   the development at 298 Carrall Street, subject to a number of
   conditions. The design which the was approved included several
   encroachments onto the abutting streets. These encroachments consisted
   of architectural features which the developer felt were important in
   terms of establishing the character of the new building and making it
   fit into the Gastown neighbourhood.

   The Condominium Act requires that a building being strata titled be
   contained within the boundaries of the parcel or that easements be
   provided for access to any part of the building that are not within the
   boundaries. As there is no title to the portions of streets encroached
   onto, we must first raise title. Then we must close the volumetric
   portion occupied by the building and register an easement against the
   title of the streets.


   The encroaching elements of this building were included by the developer
   to capture some of the historical character of buildings in the Gastown
   area, many of which encroached onto the streets.

   This report seeks Council authority to raise titles as described and to
   close up, stop-up and to authorize registration of volumetric easements
   over portions of the new titles.

   We recommend that fees for document preparation and annual rentals be
   charged as per the Encroachment By-Law. This is consistent with past
   Council direction.

                               *   *   *   *   *