subdivision plan would have to be prepared and
submitted to the approving officer for approval for
creation of a new parcel within the strips in order to
confer rights over the adjoining portion of the strip
on the owner of each new parcel through a sub-lease.

In addition, Section 542(2)(b) of the Municipal Act
requires that Council approval be obtained for each
sublease of City property.

On the other hand, an easement over the strip would avoid most of
the difficulties associated with a lease:

1. An easement confers only those rights specifically
granted and all other rights to the strip would be
retained by the City without the need for extensive
documentation.

Under Section 539 of the Municipal Act, two-thirds of
the members of Council may grant an easement either by
bylaw or resolution without a requirement for posting
and without regard to the purpose for which the
municipal property is held.

Section 219 of the Land Title Act, R.S.B.C. 1979, c.
219 provides that where a property in which holds the
benefit of an easement is subdivided, the benefit of
the easement is.automatically annexed to each of the
new parcels unless the document creating the easement
expressly provides otherwise. By providing that the
benefit of the easement applies only to those parcels
immediately adjacent to the strip, and only over the
portion of the strip which borders the parcel, an
easement would eliminate the need for further
subdivision of the strip each time an adjoining parcel
is created in the industrial park. Further, there is
no requirement that Council approve each change in the
status of an easement. |

Finally, because of the limited rights conferred by an
easement and the limited value of an easement, there is
less likelihood that there will be objections to the

granting of an easement by the City.

Whether rights to the strip are granted by easement, lease or
sale, the City must receive fair value for the rights conferred.
Section 292 of the Municipal Act prohibits assistance to a
commercial. undertaking, and in particular Section 292(d)
prohibits any gift of property owned by a municipality. An
appraiser familiar with local conditions could provide the City
with approximate valuations for easements of various durations.

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