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 Lot B, Block 68, District Lot 541, Plan VAP 23202 encroach onto the lane westerly of Beatty Street, northerly of Smithe Street;

3. The portion of lane encroached upon, abutting said Lot B was dedicated by the deposit of Plan 2565;

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 lane encroached upon;

5. To enable Council to grant the required easement to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portion of lane encroached upon;

6. Portions of the building constructed on Lot B, Block 68, District Lot 541, Plan VAP 23202 encroach onto the westerly side of Beatty Street, northerly of Smithe Street;

7. The portion of Beatty Street encroached upon, abutting said Lot B was dedicated by the deposit of Plan 2565;

8. 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 lane encroached upon;

9. To enable Council to grant the required easement to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portion of Beatty Street 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 Cityof Vancouver to that portion of lane dedicated by the deposit of Plan 2565 and included within the bold outline on a Reference Plan, attested to by Grant Butler, B.C.L.S., representing a survey completed on November 17, 1998; marginally numbered DWG: 2245-3, a copy of which is attached hereto; and

BE IT FURTHER 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 Beatty Street dedicated by the deposit of Plan 2565 and included within the bold outline on a Reference Plan, attested to be Grant Butler, B.C.L.S., representing a survey completed on November 17, 1998; marginally numbered DWG: 2245-3, a copy of which is attached hereto; and

BE IT FURTHER RESOLVED THAT all that volumetric portion of lane dedicated by the deposit of Plan 2565, westerly of Beatty Street, northerly of Smithe Street included within the heavy outline and illustrated isometrically on a plan of a survey completed on the 17th day of November, 1998, and certified correct by Grant Butler, B.C.L.S., and marginally numbered DWG: 2245-2, a copy of which is attached hereto, be closed, stopped-up and that an easement be granted to the abutting owner of Lot B, Block 68, District Lot 541, Plan VAP 23202, to contain the portions of the existing building which encroach onto the said lane; and

BE IT FURTHER RESOLVED THAT all that volumetric portion of Beatty Street, dedicated by the deposit of Plan 2565, northerly of Smithe Street, included within the heavy outline and illustrated isometrically on a plan of a survey completed on the 17th day of November, 1998, and certified correct by Grant Butler, B.C.L.S., and marginally numbered DWG: 2245-2, a copy of which is attached hereto, be closed, stopped-up, and that an easement be granted to the abutting owner of Lot B, Block 68, District Lot 541, Plan VAP 23202, to contain the portions of the existing building which encroach onto Beatty Street.

(Closing of volumetric portions of the westerly side of Beatty Street, northerly of Smithe Street, and the lane westerly of Beatty Street and northerly of Smithe Street adjacent to 869-871 Beatty Street).

I, Ulli 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 , 1999.

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CITY CLERK

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(c) 1998 City of Vancouver