ADMINISTRATIVE REPORT


                                                    Date:  November 9, 1995
                                                    Dept. File No. 000 541 


     TO:       Vancouver City Council

     FROM:     General Manager of Engineering Services

     SUBJECT:  1080 Mainland - Proposed Closure of a Portion
               of Mainland Street and a Portion of the Lane
               Southeasterly of Mainland Street, Southwesterly
               from Nelson Street



     RECOMMENDATION

          A.   THAT  Council authorize  the Director  of Legal  Services to
               sign on behalf of the City a Reference Plan (see Appendix A)
               defining the horizontal limits of the encroachments onto the
               lane  by the building at  1080 Mainland Street  and apply to
               raise  title  to the  portion of  lane  defined on  the said
               Reference Plan in the name of the City of Vancouver.

          B.   THAT all that volumetric portion of Mainland Street (part of
               Lot L shown  coloured yellow  on Plan 4959,  Block 76,  D.L.
               541,  Plan 3469) and all that volumetric portion of the lane
               southeasterly of Mainland  Street, southwesterly from Nelson
               Street included  within the  heavy outlines and  illustrated
               isometrically  on a plan of survey completed on the 27th day
               of  October  1995,  and  certified  correct  by  J.J.  Ward,
               B.C.L.S.  and marginally  numbered  2112 05928-2,  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 A, Block  76, District Lot 541, Plan  20672, to
               contain  portions of  the existing  building  which encroach
               onto Mainland  Street and the said lane.  The easement to be
               for the  life  of the  encroaching portion  of the  existing
               building on said Lot A, and to be to the satisfaction of the
               Director of Legal Services.

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



     COUNCIL POLICY

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

     The building in question is located in Yaletown, a designated Historic
     Area.  The parcel of land the building occupies is zoned HA3 (Historic
     Area).   Permitting the building to remain encroaching onto the street
     will  help  ensure  preservation,  and is  therefore  consistent  with
     Council's heritage policy.


     PURPOSE

     The purpose of this report is to obtain Council authority  to grant an
     easement  to contain the encroaching elements  of the building located
     at 1080 Mainland.


     BACKGROUND

     Council  has approved  the  strata title  conversion  of the  5-storey
     building at 1080 Mainland 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  or  lane  containing  the  encroachments must  be  closed,
     stopped-up, and an easement granted for the volumetric portions of the
     building that  encroach.  In this  case, the City already  has a title
     for the portion of Mainland Street that contain the encroachments.


     DISCUSSION

     On the Mainland Street  side of Lot A, Block 76,  D.L. 54l, Plan 20672
     the  facade of  the building  encroaches a maximum  of 0.05  meters (2
     inches  and there  is a cornice  at the  roof level  that encroaches a
     maximum of 0.60  metres (2 feet).  Along the  lane the building facade
     encroaches a  maximum of 0.10 meters (4 inches) and there is a cornice
     at the  roof level that encroaches a maximum  of 0.70 meters (2 feet 4
     inches).   A title (that part  of Lot L shown  coloured yellow on Plan
     4959,  Block 76,  D.L.  541,  Plan 3469)  exists  for the  portion  of
     Mainland  Street  encroached  upon.   The  said  part  of  Lot  L  was
     established as road by Council Resolution in 1920.  The portion of the
     lane southeasterly of Mainland Street, southwesterly from Nelson      
                                                                
     Street adjacent  to said Lot  A was dedicated  by the deposit  of Plan
     20128 in 1984.   It is necessary to raise a title for the said portion
     of lane.   This report  seeks that  authority and Council  approval to
     close, stop-up, and to authorize registration of a volumetric easement
     over a portion of the existing and new titles.

     We are recommending that fees and annual rentals be charged as per the
     Encroachment By-law.  This is consistent with  past Council direction.
     We will be reporting to Council shortly on a revised  schedule of fees
     for this type of agreement.         


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