ADMINISTRATIVE REPORT

Date: November 3, 1998

Author/Local: M.G. Thomson

B.C.L.S. - 7329

Dept. File No. 000 526

RTS # 00294

CC File No.5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	2023 - 2029 West 4th Avenue - Proposed Closure of a Portion of West Fourth Avenue, West of Maple Street

RECOMMENDATION

A.THAT all those volumetric portions of West 4th Avenue, west of Maple Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 15th day of October 1998, by E.T.Wong, B.C.L.S., and marginally numbered SU-1189, a reduced copy of which is attached as Appendix "A", be closed, stopped-up and that an easement be granted to the owner of abutting Lot G, Block 235, District Lot 526, Plan 21742, to contain the portions of the existing building which encroach onto West 4th Avenue. The easement to be for the life of the encroaching portion of the existing building on said Lot G, and to be to the satisfaction of the Director of Legal Services.

B.THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "A" are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

If Council approves this report, the Formal Resolution to close these portions of West 4th Avenue, west of Maple Street, will be before Council later this day for approval.

COUNCIL POLICY

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

PURPOSE

The purpose of this report is to obtain Council authority to grant an easement to contain the encroaching elements of the building at 2023 - 2029 West 4th Avenue.

BACKGROUND

On March 25, 1998, Council approved the strata title conversion of the building at 2023 -2029 West 4th Avenue. In 1998, renovations to the building, including interior and exterior alterations, have been completed. New windows and a rain screen stucco system were added to the front of the building fronting West 4th Avenue. There were also minor changes made to the roof line, as recommended by the City. The result is that the building now encroaches onto West 4th Avenue.

The Registrar of Land Titles has taken the position that to satisfy the Condominium Act, the strata corporation must have control over the portion of street or lane affected by the building encroachment, for the life of the building. To accomplish this, the volumetric portion of street or lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. There are presently two titles owned by the City for the portions of West 4th Avenue that are encroached upon.

DISCUSSION

On the West 4th Avenue frontage of Lot G, Block 235, District Lot 526, Plan 21742, portions of facade of the building and other minor architectural features encroach from the ground to the roof, a maximum of 0.05 metres (2 inches). There are two titles in the name of the City that exist for the portion of West 4th Avenue that are encroached upon. Those portions of Lots 25 and 26 in Plan 3932, Block 235, District Lot 526, Plan 590 were established as road by Council Resolution filed in the Land Title Office as D.F. 49675 and, as such, form a portion of West 4th Avenue. It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over a portion of these existing titles.

We are recommending that fees and annual rentals be charged as per the Encroachment By-law. This is consistent with past Council direction.

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(c) 1998 City of Vancouver