RESOLUTION

MOVED BY Councillor

SECONDED BY Councillor

THAT WHEREAS:

1.The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;

2.Portions of the building constructed on Parcel N, Block 76, District Lot 541, Plan

LMP 35529 encroach onto Homer Street;

3.The portion of Homer Street encroached upon, abutting said Parcel N, was dedicated by the deposit of Plan 210;

4.To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portion of street encroached upon;

5.Portions of the building constructed on Parcel N, Block 76, District Lot 541, Plan

LMP 35529 encroach onto Hamilton Street;

6.A title already exists for the portion of Hamilton Street upon which the building encroaches;

7.As required by Section 7 of the Condominium Act, it is necessary to register an easement to contain the said encroachment on the title to Hamilton Street, more particularly described as Lot K, except (A) part in Plan 4544 (B), portions coloured yellow on Plan 4959 (C) part in Explanatory Plan 17265, Block 76, District Lot 541, Plan 3469;

8.To enable Council to grant the required easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of Homer Street and Hamilton Street that are encroached upon;

THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver to that portion of road dedicated by the deposit of Plan 210 and included within the bold outline on a Reference Plan, attested to be Robert Wiegenbroker,B.C.L.S., representing a survey completed on May 20th, 1998; marginally numbered 6335RP3.DWG, a copy of which is attached hereto; and

BE IT FURTHER RESOLVED THAT all those volumetric portions of Homer Street and Hamilton Street, included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 26th day of May, 1998, and certified correct by Robert Wiegenbroker, B.C.L.S., and marginally numbered 6335EZ4, a copy of which is attached hereto, be closed, stopped-up, and that an easement be granted to the abutting owner of Parcel N, Block 76, District Lot 541, Plan LMP 35529, to contain the portions of the existing building which encroach onto Homer Street and Hamilton Street. The said easement to be to the satisfaction of the Director of Legal Services.

(Closing of volumetric portions of Homer Street and Hamilton Street adjacent to 1134 Homer Street.)

I, Ulli S. Watkiss, City Clerk of the City of Vancouver, hereby certify the foregoing to be a true and correct copy of a resolution passed by the Council of the City of Vancouver on the day of , 1998.

CITY CLERK

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(c) 1998 City of Vancouver