ADMINISTRATIVE REPORT 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 Street RECOMMENDATION 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 approval. COUNCIL POLICY The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter. PURPOSE 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. BACKGROUND 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. DISCUSSION 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. * * * * *