ADMINISTRATIVE REPORT

Date: March 26, 1998
Author/Local: G. Thomson/7329
CC File No. 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of the East Side of Joyce Street, South Side of Vanness Avenue

RECOMMENDATION

THAT Council close, stop-up and convey to the abutting owner, all that portion of the east side of Joyce Street, south side of Vanness Avenue, as shown cross-hatched on the plan attached as Appendix "A", subject to the following conditions:

1) The conveyance to occur for a nominal fee of $10.00 plus G.S.T. if applicable, for the 0.44 square metre (5 square foot) portion of Joyce Street to be closed;

2) The closed road to be subdivided with the abutting lands, and dedicating for road the 0.44 square metre (5 square foot) portion of Parcel 1, Block 158, District Lot 37, Plan LMP 27237, as shown in hatched outline on the plan attached as Appendix "A"; to the satisfaction of the Director of Legal Services and the Approving Officer;

3) The abutting owner to be responsible for any necessary plans, documents, subdivision application fee and Land Title Office fees;

4) Any agreements are to be to the satisfaction of the Director of Legal Services;
5) No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed.

COUNCIL POLICY

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

PURPOSE

The purpose of this report is to seek Council authority to close, stop-up and convey a portion of the east side of Joyce Street, south side of Vanness Avenue.

BACKGROUND

The subject area is within the Collingwood Village Development.

It has been discovered that a construction error has occurred and a small portion of the foundation for the underground parking structure on Parcel 1, Block 158, District Lot 37, Plan LMP 27237, has been built to encroach onto City street (see Appendix "A"). The subject portion of City road was dedicated by the deposit of Survey Plan 20906 in July of 1986.

DISCUSSION

Engineering Services staff have reviewed the matter and concluded that the costs of reconstructing the encroaching foundation greatly exceed the value of the inconvenience created. As the developer intends to strata title the project, it would (normally) be necessary to advance to Council a report seeking creation of a volumetric easement for the encroaching portion of the structure.

The developer and Engineering Services have identified a small portion of Parcel 1 that is not encumbered by structures that can be used by the City for road purposes. An exchange has been proposed.

If approved, the City will convey the 0.44 square metre portion of the east side of Joyce Street, south side of Vanness Avenue, to the abutting owner and the owner of Parcel 1 will dedicate an equivalent portion of Parcel 1 for road purposes.

CONCLUSION

This report seeks the formal authorities required to rectify an anomaly created by a construction error on Parcel 1, Plan LMP 27237, within the Collingwood Village Development. Finalizing this arrangement will avoid the complications of creating a volumetric easement that would be registered for the life of the building against each strata lot. We recommend that all that portion of the east side of Joyce Street, south side of Vanness Avenue shown cross-hatched on Appendix "A", be closed, stopped-up and conveyed to the abutting owner, subject to the conditions set out in this report.

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(c) 1998 City of Vancouver