ADMINISTRATIVE REPORT

Date: April 29, 1999
Author/Local:M.G. Thomson/ 7329

RTS # 00688

CC File No. 5753

Council: May 18, 1999

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	55 Alexander Street - Proposed Closure of a Portion of the Northerly Side of Alexander Street, Easterly of Carrall Street

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City a Reference Plan attested to by Grant Butler, B.C.L.S. on April 19, 1999, marginally numbered DWG: 768-2 (a reduced copy of which is attached hereto as Appendix "A") defining the horizontal limits of the encroachments onto the northerly side of Alexander Street, easterly of Carrall Street, by the building at 55 Alexander Street and apply to raise a title to the portion of Alexander Street defined on the said Reference Plan in the name of the City of Vancouver.

B. THAT all those volumetric portions of the northerly side of Alexander Street easterly of Carrall Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 26th day of April 1999 by Grant Butler, B.C.L.S. and marginally numbered DWG: 768-3 Rev. 1 (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 Parcel G, Block 1, District Lot 196, Plan LMP 32952 to contain the portions of the existing building which encroach onto Alexander Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel G, and to be to the satisfaction of the Director of Legal Services.

C. THAT the fees for document preparation, registration and use of the easements referred to in Recommendations "A" and "B" 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 Alexander 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 a volumetric easement to contain the encroaching elements of the building at 55 Alexander Street.

BACKGROUND

The City has isused permit DE401918 for construction of an 8-storey residential building containing 38 units at 55 Alexander Street. The permit contains permission for encroachments onto Alexander Street. 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 and/or lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. It will be necessary to raise a title for the portions of the northerly side of Alexander Street, easterly of Carrall Street dedicated by the deposit of Plan 184 on May 9, 1885 that are encroached upon.

DISCUSSION

On the Alexander Street side of Parcel G, Block 1, District Lot 196, Plan LMP 32952, there is a second floor cornice that encroaches a maximum of 0.53 metres (21 inches), and a roof level cornice that encroaches a maximum of 0.54 metres (21.5 inches). While new construction, the installation of encroaching cornices is consistent with the character of the area.

It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over portions of the northerly side of Alexander Street, easterly of Carrall Street.

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