WHEREAS: RESOLUTION 1 - SEWER WORKS - CivicWeb

06/28/2007 12:07 604-940-6868 HANNA

RESOLUTION #1 - SEWER WORKS

THE OWNERS STRATA PLAN NW2528

SPECIAL GENERAL MEETING - JULY 7, 2007

WHEREAS:

During the development of South Pointe, a bare land strata in Delta, BritishColumbia , a pump station on the common property of the strata corporation anda sewer line extending from the pump station, beyond the common property ofthe strata corporation , to a main pump station owned by the Corporation of Delta(hereinafter called the "sewer works") were constructed for the discharge ofsewage.

WHEREAS:

The sewer works includes a bridge over Ladner (Green ) Slough because aportion of the sewer line is attached to the underside of this bridge.

WHEREAS:

It would be beneficial to the owners of South Pointe to have the Corporation ofDelta take over the ownership of the sewer works.

BE IT RESOLVED THAT:

The owners of the strata lots comprising THE OWNERS STRATA PLANNW2528 ask the Corporation of Delta to take over the ownership of any part ofthe sewer works, including the pump station, sewer line and bridge, that is not onland owned by the strata corporation, or is on the common property of the stratacorporation ; and that the strata council of the strata corporation, on behalf of THEOWNERS STRATA PLAN NW2528, be authorized to execute any documentsrequired to effect this request and to effect the transfer of ownership of the sewerworks, or parts thereof, to the Corporation of Delta.

PAGE 02/02

Attachment APage 1 of 1

MAY 022007

Captain's Cove Marina (1978) Ltd.Marina Garden Estates Ltd. Cove Links Golf Course Ltd. Rusty Anchor Pub

Attachment BPage 1 of 2

April 30, 2007

Corporation of Delta4500 Clarence Taylor Crescent,Delta, B.C.V4K

Attention : Mr. Gaudry:

Dear Mr. Gaudry:

Re: Status of Sanitary Sewer Forcemain & Bridee Crossing Support

We have had our lawyers research documentation regarding ownership, covenants andbackground of the Forcemain serving South Pointe Phase One of our development.

Initially South Pointe was responsible for the Forcemain running from their pump stationthrough to the main Pump station located on Admiral Boulevard.

Prior to 1992 South Pointe had requested that Delta own and maintain the systemincluding their pump station.

At that time Marina Gardens application for subdivision in Area 2, being the first of ourresidential lots, required that the South Pointe forcemain be designed such that it wasgravity and in dedicated roads.

That requirement forced a change in sanitary sewer ownership wherein Captain's CoveMarina entered into an agreement to be responsible for South Pointe sewage system fromtheir pump station through to the Admiral Boulevard Municipal pump station.

As South Pointe were still requesting that their pump station be taken over by Delta weattempted to work with Delta Engineering Dept. to achieve this end for South Pointesystem.

The result was Delta would consider assuming responsibility provided the pump station

and sewer line were brought up to municipal standards. Captain's Cove had resumed

responsibility under the BG223756 Covenant and undertook to have Associated

6100 Ferry Road, Delta , BC V4K 3M9 Tel: 604.946.1244 Fax: 604.946. 1246 email: captainscove @ dccnet.com

Attachment BPage 2 of 2

Engineers review the system to ascertain if it met Municipal standards. Captain's Covethen upgraded the pump station to meet the Delta standards of the day.

The Municipality had then requested the line from South Pointe pump station to the

gravity line on Brigantine be twinned. Associated Engineers advised Captain's Cove thatthe requirement to twin the line was unnecessary. At that point Captain's Cove was nowresponsible for the line from the pump station, over the bridge, through Ernie BurnettPark to Brigantine manhole under BG223756.

BG223756 cancelled the overall easement which ran from South Pointe pump station to

the Municipal Pump Station on Admiral Boulevard replacing it with an easement from

the South Pointe pump station to the Brigantine manhole where the line is gravity to theAdmiral pump station.

At this time we would ask that the Municipality consider assuming responsibility for thisshort piece of forcemain and consider maintaining South Pointe's pump station.

Captain's Cove is not in the sewer maintenance business and as indicated in Boughtons'letter South Pointe is presently responsible for their internal sewer system and pumpstation. We intend to advise South Pointe Strata that the Pump Station remains theirresponsib̂nfy?and the short forcemain and bridge belong to Captain's Cove.

Attachment CPage 1 of 8

Common property at South Pointe leading to bridge (pump house to left of photo)

Pump house structure on common property


Access chamber to pumps

Access to bridge to north side of Green Slough


Bridge over Green Slough

Bridge over Slough


Location of Sewer Line under bridge

Close up of sewer line under bridge


Close up of sewer line under bridge

Detail of line under south end of bridge


North end of bridge at Ernie Burnett Park

North end of bridge


Detail of gate installed across bridge by South Pointe Residents

Walkway through park


Detail of sewer line at north end of bridge

Detail of sewer line at north end of bridge

LAYD •'ATLE ACT

FORM C

(SA,, l an 2 1 9.91)

Province of

British Columbia

GENERAL INSTRUMENT PART 1 ( idn Alta loI lma Iil le 5111, . u,.)

77315_

Attachment DPage 1 of 18

SURVEY DEPTPAGE I of AL PAR'

1. APPLICATION: (NSms 104,513, pIOno n omt51 and IiRn alun of APpllUnl'1 Ipll[I for

SOLICITlS umb I`s, Y. O. Box 9290

BOUGHTON PETERSON YANG ANDERSON , Barristers and7-6789

2500-1055 Dunnmuir Street, Vancouver , British Cab

i

e V7X 1,58

2. PARCEL IDENTIFIER(S)

(PIG)

3, NATURE OF INTEREST:'

DESCRIPTION

EASEMENT BSRnxh101I

AND LEGAL DESCRIPTION ( S) OF LAND:'

(LEGAL DESCRIPTION)LOT 1 DISTRICT LOT 471 GROUT, 2 and Sec 3 and 10 Tp 6

NEW WESTMINSTER DISTRICT PLAN LMP /1/10

OCCLAENT REFERENCE ( pqa And p.r4 '+ pn) PERSON ENTITLED TO INTERm OPERTY OFR

ENTIRE

COMMON .XYn8RnIMW, STRATI

IN 2 Pit)

NA /75 /g3,IlLN1a1.-SLLI:L

4. TERMS: Part 2 of this instrument consists of ('elect one only)

(a) Filed Standard Charge Terms - UF. No.

(b) Express Charge Terms X Annexed as Parc 2

(c) Release - There is no Part 2 of this ♦ nscrupuenr

A election of (A) includes any additional or modified terms referred to in 'tem 7 or it

schedule annexed to this instrument, if (c) is selected, the charge descriLed in Item 3

released or discharged as a charge on the land described in Item 2,

5. TRANSFEROR (S):' ` Q PCAPTAIN ' S COVE MARINA ( 1978) LTD 1V'C i-i7 I( O

6. TRANSFEREE( S): (I,rluding pnsIaI Idd,e55 ( iI) and posts( wade(s))'

THE OWNERS. STRATA PLAN NW2526, having an office at 4805 Delta Street, Ladner Village,

Delta, B.C. V4X 2T7

7, ADDITIONAL OR MODIFIED TERMS: N/A


LAND T:TLK ACT

FORK C

(SiCtICn 219.11)

Province of

British Columbia

ORNRRAL INSTRUNRNT - PART 1

S.

(enlr uaa let Land Title air,,. urr)

PAGE 2 of _6._ Peg

EXECUTION(S)'."" Thisinstrument created , ensign ', modifica , enlarges, discharges or Rover

the priority of the interest(s) described in Item ) and the Transferor(s) and

every out

signatory agree tobe bound by this instrument, and acknowledge (,) receipt of a truth cc

of the filed standard charge terms, if any.

EXECUTION DATE

OAfi,Aer Signature(s)

(P101 capacity LLSY

(Fad Addraa)O

DEREK O. WARtrdale, A 5o1lo1101

4805 DELTA STREFT

DELTA. E C

As to Th6 OWners , Strata Plan

NW2528

OfficeySignature(s)

l'r)RDON V. ANDERSONBanister d 5Nltdor

- X11Pr t T neI ctNTRB

(FYIll Address) 1055 DUNSNUIR STREETPAXISMANXISO

(Prof. Capacity) sARNcniwpE, RC.-7X ISS

As to Captain's Cove Marina (1978)Ltd.

Officer Signature(s)

Trent Nang

(Full Address)(Prof. Capacity)

As to The ODrporatiol of Delta

P0.

Y

93

93

93

u

M

C-

S

6

D

/f'

15

Perty( ies) Signature(s)

CAPTAIN' S COVE MARINA (1978) LTD

by its, authorized signatory

( P1 lU natal undn alfnalur l)f

TKE OWNERS , STRATA PLAN NW2526

by iruphor ized signatory

none under Signalura)

kkD ye f I) E, j t&

THE CORPORATION OF DELTA

dy a e orized aignau

(Prl tees du niatun)BETH 7OHNSWI6!AYOL--- ^

(Print nMa undn rlgnatura)

.. ,N WILLIAM CGPLMUNICIPAL CLERK

jAULEIlc ^"L:L.

L'EPUTY MUNICIPALOFFICER CERTIFICATION:Ye ar rassetun eonnltutn a ups ,$anltl tan that you an a aolIcIt Ot , wary puollc or Attar ptlsnn autaorlaad as the Irldanu

R. S.BC. 1979 . "116 , to ia+e a111d4Its for uaa I n ft: 1t,,0 Columbia and cartlllu the met Tarr rat at In Part S of the land

All as Ibsy partaln to the aA scut'of of ibis ln Itruss nt.

if dpete Insufficient, shirr 'SEE SCNEDULt' and attue ukduta in Iran E11- 194c, - Inaur4I JInl , cantinas aeacubufl.-on-eddldlai i qaf(+)In Farm D. _. _.


TERMS OF INSTRUMENT - Part 2

LA MLNT AGREEMENT

THIS AGREEMENT made the /3 day of May, 1993

BETWEEN:

Page 3 of _b_ pages

CAPTAIN 'S COVE MARINA ('778) LTD. (Incorporation No.

177918) a body -orpo. to nder the laws of the Province

of British Columbia and having an office at 2500 - 1055

Dunsmuir Street, in the City of Vancouver, in the

Province of British Columbia, V7X 1S8

(hereinafter called the 'Grantor')

AND:

OF THE FIRST PART

The Owners of Strata Lots comprising THE OWNERS, STRATA

PLAN NW2528 , a Strata Corporation under the laws of the

Province of British Columbia and having an office at 4805Delta Street, Ladner Village, in the Municipality ofDelta, in the Province of British Columbia, V4X 2T7

(hereinafter called the " Grantee")

AND:

OF THE SECOND PART

THE CORPORATION OF DELTA, a Municipal, Corporation under

the "Municipal Act' and having its offices at 4450

Clarence Taylor Crescent, i n the Municipality of Delta,

in the Province of British Columbia, V4K 3E2

(hereinafter called the "Municipality")

WHEREAS:

OF THE THIRD PART

A. The Grantor is the owner of that parcel of land andpremises situate in the Municipality of Delta, in the Province ofBritish Columbia , and more particularly described as:

Lot 1 , District Lot 471, Group 2,AND See 3 and 10 Tp 6,New Westminster District, Plan LMP /l/o

(hereinafter called the 'Servient Tenement');


TERMS OF INSTRUMENT - Part 2 Page 4 of _y_. pages

rdgxuy7gcS )pgckxmne stGrantee

rata Plans NW2the

528 of Sections 3h and co=on propert y xx 3v O f

Croup 2 NWD;(hereinafter called the "Dominant Tenement');

C. The Grantor owns a sanitary sewer works which crosses

through the lands comprising the Servient Tenemenft, and over Green

Slough to a-'p'OIFP_station situate on the lands comprising the

Do TnanCTenement,

(hereinafter called the " Works"); and

D. The Grantee requires an easement over a portion of the

Servient Tenement in order to discharge sewage through the Works,

all for the benefit of the Dominant Tenement.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in

consideration of the premises and the mutual covenants and

agreements herein contained and the sum of One ($1.00) Dollar now

paid by the Grantee to the Grantor (the receipt and sufficiencywhereof is hereby acknowledged by the Grantor) and for other

valuable consideration;

1. The Grantor for itself, its successors and assigns, does

hereby give and grant unto the Grantee, its successors and assic,ns:

(a) an easement over the Servient Tenement for purposes of

discharge of sewage through the Works situate upon the

Servient Tenement together with the right to discharge

sewage through the portion of the Works situate overGreen Slough and upon the Dominant Tenement;

TO HAVE AND TO HOLD unto the Grantee, its successors and assigns

forever.

2. THE GRANTOR HEREBY COVENANTS AND AGREES with the Grantee

that the Grantor will:

(a) not do or knowingly permit to be done any act or thingwhich will obstruct the use by the Grantee of the Worksfor the purpose of discharge of sewage; and

(b) maintain the Works in a proper state of repair, it beingunderstood that any maintenance , repairs, alterations andreplacements to the said Works _shall be performed andpaid for by the Grantor. .,^.,^r

3. THE GRANTEE HEREBY COVENANTS AND AGREES with the Grantor:

Attachment DPage 5of18

TERMS OF INSTRUMENT - Part 2 Page 5 of _S. pages

(a) to allow the Grantor uninterrupted access to the portion

of the Works situate upon the lands comprising theDominant Tenement with full free and unrestricted rightand liberty to enter upon the Dominant Tenement to theextent as may from time to time be necessary in order forthe Grantor to maintain, repair, alter, replace orinspect"Ehe port io CT-the Ward"e eituafe Ehereon and tobring upon the said portion of the Dominant Tenement suchworkmen, materials, vehicles and equipment as may benecessary for such purposes.

4, IT IS MUTUALLY UNDERSTOOD, agreed and declared by and

between the parties hereto that:

(a) ownership of the Works shall remain with the Grantor, anyruler-at-law to the contrary notwithstanding and shallbelong solely and exclusively to the Grantor;

(b) the obligation to maintain_the Works shall be bornesolely by the Grantorunless and until the Municipalityshall, at its -soli option, decide to assume suchresponsibility and ownership in which event the Granteeshall execute and deliver such documents as shall berequired in order to discharge and release the easementherein granted and the Grantor and Grantee shall granta Statutory Right of Way over the portiong of "theirrespective lands upon which the Works are situate, andthe Grantor shall, if requested by the Municipality,upgrade the Works to the satisfaction of theMunicipality's Director of Engineering at the Grantor'sexpense;

(c) this Agreement shall be construed as a covenant runningwith the land and appurtenant to the Dominant Tenementand that the Servient Tenement shall be and remain at alltimes charged herewith;

(d) this Agreement and the easement herein granted shall notbe modified or discharged without the consent in writingof all of the parties hereto;

(e) save as aforesaid , nothing in these presents shall beinterpreted so as to restrict or prevent the Grantor fromusing the Servient Tenement in any manner which does notinterfere with the security or efficient function of orunobstructed use of the Works;

(f) wherever the singular or masculine is used in thisAgreement , the same shall be construed as meaning theplural or the feminine or the body corporate or politicwhere the context or the parties hereto so require;

Attachment D

TERMS OF INSTRUMENT - Part 2 Page Page 6 of 18

(g) nothing herein shall be interpreted so as to make the

Municipality liable in any way for the maintenance andrepair of the Works or any injury or damage resultingfrom the use thereof; and

(h) this Agreement shall enure to the benefit of and bebinding upon the parties hereto and their respectiveheirs, executors , administrators, successors and assigns.

Agreement.IN WITNESS WHEREOF the parties have executed this

EXECUTION DATE

Officer Signature (s) I Party ( ies) Signature(s)

(Pr 1 at Mae.)(Fail Addr.n)

(Prof. Cap.c Ld F)

In I Addnn(P rflle Mam.)

(Prot Clpeci tl

DlAs to The Owners,

(Print Mam.)(fall Address)

(Prof Capacity)

Gs)RDOkA, ERSL'Bettina E SoUc:thr^p^ ^ ^

. FOUR DENTAL'. CENTJW

1055 DUNS MUM '-Z-,

P.D BOX dal 0VANCOUVLR.' C

Cove Marina

iEK G WALLEY

^nleF A Solicitor

6 DEL" 5T/w B.C. VAK 2T7

trata Plan NW2528

As to The Corporation of Delta

iA

CAPTAIN'S COVE MARINA (1978) LTby its authorized signatories

THE OWNSits auuK

STRATA PLAN NW2528ad signatories

(Print name undei,Ai,nuun) IA

name undsr at lon)H.AR 3 11

saDE u

THE COLPORATION Of DELTA by itsSuch zed sac riem

name u s i g n A r . ) .. E rN JWi, ...

.MAYOR ^

(Print name under sI nnure)

JOHN WILLIAM .,r.MUNICIPAL CLEAN

OFFIC,g}. C[gLyI) CA1JOPCYour a eon1PFlul.s a rapruentatl on that ens are a ,ollc 'or, sat e/ pv111[ or other Pe nan .ul Aarl led eP The £v/d.aA. S.8 C . 1919, e. 119 . Iv tab alfid. vlI to, us, in Bnll.d Ct lanais and nrlilln the an nn at oil I. Part S of the lan

dd IthA[f . l i Iey p . r1 a o . Ur nnulion el Lhls In........

IAD1CDRRWRMC.MA3I1 liiepece Inau rl .nt. enter SEE SCNEOULE' and 1I4[1 "nodule In Form 1.

II ap.ee Innulliti . nt. continue ...manna, vn addili...I pip(s) In term 0

END Of DOCUMENT


I IOMPSON & MC;ONNELLfinal pwnnu. A Edtrpon

i3y $ 45240 TTHHA?FT AMR IMIcBC

NHITE ROCK. l.OV4B 439

TtI.PHDNE (4I 6IIi409

CAPPA$N'S COVE MARINA (1976) LTD., a body

corporate under the laws of the Provinceof British Columbia, having an office at01600 - 1100 Melville Street, in the cityof Vancouver, in the Province of BritishColumbia, V6E 4B4

(hereinafter called the "Grantor")

OF THE FIRST PART

MARINA GARDEN ESTATES LTD., a bodycorporate under the laws of the Province

of British Columbia, b.avicg an office at

01600 - 1100 Melville Street, in the City

of Vancouver, in the Province 0: British.

Columbia, V6E 4B4

(hereinafter called the "Grantee"1

OF THE SECOND PART

it/C"1/09 Ln906 CIIF H'

THE CORPORATION OF DELTA, a Municipal

Corporation under the "Municipal ;rot"

and having its offices at 4456 Clarence

Taylor Crescent, in the Municipality of

Delta, the Province of British

V4K 3E2-I t'

;hereinafter called the "MuniC1Pality")

of r _emption in ALL AND SINGULAR that certain parcel

Attachment DPage 8o1`18

or tract of land and premises situate, lying and being

in the Municipality of Delta, in the Province Of

British Columbia, and mare parti cu:arly described aa:

Lot 1 of District Lot 471, Group 2and of sections 3 and 10, Township 5

Plan 30059 EXCEP': Part Subdivided DyPlan 53843, New Westminster District

(hereinafter called this "Servient Tenement"

B. The Grantee is the registered owner of or 'ha , y _

of redemption in All, AND SINGULAR that certain parcel

or tract of land and premises situate, lying and being

in the Municipality of Delta, in the of

British Columbia, and mo ro particularly describda...

Parcel Identifier : 004-562-675

Parde I "One ' EXCEPT: Phase One ral:a Plan NW2528

Sections 3 and 10 township 6 and District Lot 452

Group 2 New Westminster District

Plan 72375

(hereinafter called the "DOr inant Tenement); and

The Grantee requires an. Easement over a portion of the

Servient Tenement to construct and maintain sanitary

sewer works for Its benefit of the Dominant Tenement.

NOW THEREFORE THIS AGREEMENT WITNESSETI that in considera-

tion of the sum of one ($1.00) Dollar, now paid by the Grantee

to the Granter (the receipt and sufficiency whereof is hereby

acknowledged) acv for other valuable consideration the Grant-,

for 'ninse'f and his heirs, exec-tors, administrators, succes-

sors and assigns, doer. hereby rive and grant unto the Grantee,

and his hairs, executors, admin-s__ators, .,Geeds so_s and as-

siens, an easement and the fail, free and na,estricted III,,:

end liberty to enter in, over and upon ALL AND SINGULAR that

eertai cel o _ tract of land and pre'niseu situa_0, 1yin5

and being in the Municipality of Delta, IF, the Province o..

British Columbia, and being r.cre particularly known and des-

cribed as:


80906

That Portion of Lot 1 Of District LOt 471,Group 2 and of Sections a and 10, Township G,Plan 30059 EXCEPT part Subdivided by V1an 53fi43,

New Westminster District

Shown Boldly outlined on CnPianatory elan /

hereinafter called the "Easement Area")

for the purpose of constructing, reconstructing, improving,

extehdinq, altering, repairing, maintaining, Inspecting and

operating sanitary sewer works and other apparatus and

materials required in connection therewith (hereinafter

called the "said works").

AND THE GRANTOR HEREBY GRANTS unto the Grantee free

and uninterrupted access to the Casement Area, with or with-

out workmen, vehicles and equipment, for the purposes aforesaid.

TO HAVE AND TO HOLD Onto the Grantee, and his heirs,

executors, administrators, successors and assigns forever.

THE GRANTOR HEREBY COVENANTS AND AGREES with the -

Grantee that the Grantor will:

(a) not make, piece, erect o rintain any building, struc-

f

ture, foundation, 3pa+eme^t ae xc av at ion, well, pile o• C

material. or obstruction upon any portion of the Ease-

ment Area;

(b) not do or knowingly permit to be done any It or

thing which n in. any way whatsoever interfere with

or injure the said Ce or any p t thereof and in

.icular, will not carry out busting on or adja-

cent to the Easement Area., without the consent i0

writing of the Grantee provided that such consent

shall not be enrea..nably withheld:


80908

.e) not diminishor substantially add to the ground cover

over such works as may be From tiara to time lndtallod,

operated or maintained below the surlace of the Ease-

ment Area, and in particular, without in any way

limiting the generality of the foregoing, will no.

constructopen drains is ditches along or across any

undergroundconduit, cable or pipeline which may at

any time be installed in the Casement Area;

(d) not do orknowingly permit to be done any act or thing

which will obstruct access by the Grantee or his ser-

vants, employees, agents, licensees , materials, sup-

plies, vehicles or equipment to the Easement Area or

any part thereof; and

(e) from time to time and at all times uponevery reason-

able request and at the cost of the Grantee, do and

execute or cause to be done and executed all such it'-

they and other lawful ,is, deeds, things, devices,

conveyances, and assurances whatsoever for the better

assuringunto the Grantee, his heirs, executors, ad-

ministrators, successors and assigns, of the rights,

liberties and easements hereby granted.

THE GRANTEE HEREBYCoVENAN'1'E AND AGREES with the

Grantor

(a) to maintain d l, orks constructed by the Grantee

within the Easement Area in a proper state of rep. r;

(b) that all ..Fens- incurred in the installation of

the said work, and for any repairs, alterations and

maintenance thereto and in the performance of any

and all cotenants and agreements herein to be p -

formed by the Grantee anal` be borne and paid for

by the Grantee; and


(c) to indemnify and save harmless the Grantor, and his

heirs, executors , administrators, successors and

assigns, from any and all loss, damages or other ex-

penses in any way easing from or caused by anything

done hereunder.

IT IS MUTUALLY UNDERSTOOD , agreed and declared by

and between the parties hereto that:

(a) any and all chattels and fixtures installed by the

Grantee within the Easement Area shall be and remain

chattels, any rule at law to the contrary notwith-

standing , and she!' belong solely and exclusively to

the Grantee;

(b) this Agreement shall be construed as a covenant run-

ning with the land and appurtenant to the Dominant

Tenement and that the Scrvient Tenement shall be and

remain at all times charged herewith;

(c) this Agreement and the Easement herein granted shall

not be modified or discharged without the Consent in

writing of all of the parties hereto;

(d) save as aforesaid, nothing in theme presents shall

be interpreted so as to restrict or p vent the

Grantor from using the Easement Area inmanneraey

which does not interfere with the security or effic-

ient functioning of or unobstructed access to the

said works;

(e) wherever the singular or masculine in used in this

Agreement, the same shall be construed as mea..

the plural or the eem:niue or the body corporate or

politic where the context or the parties hereto so

80908


this A9 regime nt shall enure to the benefit of and be

fandbinding upon the parties hereto th Ale respec!lvc

heirs, executors, administrators, Successors and

ass lg r. .

IN WITNESS WHEREOF the parties hereto have hereunto affixed

th Sir respective corporate seals, attested by the hoods of

their respective officers duly oath orized in b.".at beha1 ,

the day and year first above written,

The Corporate Seal of CAPT'AIN'S

COVE MARINA (1978) washereunto affixed in the presence)

of: i/ . i ,

.INAThe Corporate Seal of Ahere-.._..^., CTR$ LTO. . . .

nto affixed to g1 i

Au CM1 'igT•COPY

cone seal of THE Ic OOLpo s ner e- 1

unto af ffixxed

OFIntpt

aee

pe eaneo -,

908

PROOF OF E X ECCT1O v B7 CO1PORA110h

I certify that on the.^^ Z. day o. ^

at //^/'l<///C^ ^C.f-whoeîdeeci- t y-has-domrprovcn

by the evidence- Cn-oath of

^CÔ?r^ /^/^^J ^^foY^,who is ) perso ally

known to mo ,appeared before mo and aeknow1eCl0d

t o :m that

Mn0. Tnn (19Lb)of C

he/sire is the authnrL1e signatory oAP'lA1N

' S I'll

and that be/s" is the person who sabserthe c' his/her name vu..

affixed the seal of the corporation to the instrument, that

he/sire was authorized to r,ubeeribs ILL e^lwc name and affix the

seal to it , (and that the corporation existed at the date the

instrument was executed by the corporation).

In testimony o` which I set my hand and seal of office

this day ofat ^/F/ G/lQJ

1, rlî/liF/l'fvA CommiesiOne for taking A 1

davitss with" it lushCo_umbi

P54(5)/20A

80908

PROOF OP 6X CCUT'I O N IIY CORPDUAT 109

I certify that on the 7 L day lfY(

at /°/^'3//dF^ ;^G (^ (whose-4dent I t y- hae--been-proved

bp-the-evidence-on -oath-of -

T^ be 1.s) Personally

known to me, appeared before mu and acknowledged to me that

he/ahe is the autnhrized signatory of MARINA GARDEN GS TA'PRS LTD.

and that ho/she is the person who subscribed his/her name and

affixed the eoaI of the corporation to the inatrumoatI that

he/eke was authorized to aubscrtho his/her raa:c and affix the

sea'. to it, (and that the corporation existed at the data the

Instrument was executed by the corporation)

In testimony bf which I not my hand and seal of office

at ^^l3GOl/Êl .^. thts2 / mtv of

A CCainlnlssion taking Art-davits wt thin Lii.ish Columbia

P54(5)/20A


LAND TITLE ACT

norm 6(Section 4G)

PROOr OP CFCCUTION By CORPORATION

I certify that On the .2'711' day of Ap,

1987, at in British Columbia,

^^Whose-idertei;y_.h es-been peeve}by^:hc

-!3-.^.,uenca--0rvoacr of-'^pu.. IJ,l4^st 'atA a s9i -ft 1!6ashIs tare full nam., add rode F g.C.

a=

ud,w( G and. o ccu patios)

- __ who is) personally known co m.,

appeared before me and acknowledged to me.hat 'n eiSb.. is the

authorized s;gratory of Pr CORPOMTIO:1 6C DELTA

and that hefe.pe is the person who eubse[Ibed his/yr name and

affixed the seal of the corporation to the instrumet, that

heAa ewas authorized to su'bser!be hi s /her ram e and affix the

seal to it,**(and

that the corporation existed at the date

the instrument was executed by the corporation.

in testimony of whle'n I set my hand and seal of

office a/t̂ Wh,, British Columbia, this

J914day of /Ip.:/ 190 .

Comm rs oner for taking Affi-dav_ts within British Columbia

` "here the er raking the acknwled o ment is personally

known to thp eofficer taking it, strike out these works .n

These words in brackets may be added,'fishes the renistsat to exerciseSection 16 2 5 his discretlo.^îpdnder

) n to call for further-stence Of t'heocorporatioc, e'.ldence of the

P22G/16A

MEMORANDUM AS TO ENCUMBRANCES , LENS AND INTER EST

CONSENT

The undersigned, being the holder of the cncumbrancc or en-

titled to the lien or interest referred to Po they memorandum

above written, her pepi ^"iTF"GNd consents to

the granting of the vit'h in EasemmC and loth covenant and

agree that the same shall be binding upon Its interest

ehdr orgs upon the sold lands and eh all be an coca mb;ance open

the said lands prior to theabove noted Mortaages in the same

manner andto the same effect as if it had been dated and

registered prior to the said Mortgages,

EXECUTED this 21'h day of P pRd 1999.

SIGNED, SEALED AND DELIVEgED)In t,e presence o,.

Name: RrtIIH(20 T VENOlV^)

Address : L/ 2 rÔRa< A k, ce ]

"rY Ito , 4C 'AIR y1v j

Occupation: SC. Ca..I-seal )Ateou,,4 b/<cIt.

P12N/6A

BANK OF MONTREAL

Holder o[ Mortgage No. P69240Mortgage No, 111934.Mortgage NO. Y103413

BAgp(T OF MO TI(GAD,

bye s la 4:1 Attorneysli 1


STATUTORY DECLARATION WHERE ATTORNEY IS NOT ACORPORATION AND

CERTIFICATE OF ACKNOWLEDGMENT OF TRANSFEROR

We. IIrLL 1. nnnnnl, Sr. c„nlmerr lei k nl:Mnr. and Wall", H:Houston, Division Manager Credft , of Voncouver, In 'n British Columbia, do

solemnly declare that:

ee beve, Id by or on behalf of Bank of Montreal , that Bank ofMontreal is levelly entItled to hold ane dispose of land in BritishColumbia, and we had not received any notice or Information of theoankruptcy or dissolution of Bank of Montreal.

d) We know the Content' of the Instrument and subscribed the nOf Bank, of Montreal to it voluntarily as the free act of the tra nsferorme

AND we make this solemn declaration conscientiouslybelieving

to be true. and knowing that It is of the same force noeffect as

if made under oath.

'I) We are the attorneys for Bank of Montreal under a Power ofAttorney Fl led under the Lend Title Act.

2) We . ,a the persons who subscribed the name ofBank of Montreal

and our names in the Instrument as a ..ransferor

3) At the time of execution of the the Power of Attornihad not b n r k

Vancouver m the Province of

Eritish Columbia to-day )

SEVERALLY DECLARED before me at

AND I CERTIFY that to-day

the above named attorneys who ere personally known to me. appeared beforeand ecknowledoed to me that they a r the persons mentioned theO n' as attorneys o

`. a Tra nsce-or, that their names are subscribed

oI-,^mthat they know the contents o the instrument and executed ItvoIentarl ly, and are of the aye of it years or more.

In test1ln rv of which I . set m h ind aColumbia ', this ll7 hay of . I9.

.Vancouver, British

A Cditnlssloner for taking Affitavlts

for British Columbiv. I,

MARINA GARDEV ESTATES LID

Attachment EPage 1 of I

FI, nnn;I: •: 74x77.1 Direct line 604 .147 4143 smn I gantl%rsemS} boucFtcn.:'

April 4, 2007

Captain's Cove Marina (1978) Ltd.c/o 6100 Ferry RoadDelta, BC V4k 3M9

Attention: Ken Stinson

Dear Ken:

Re: Easement Agreement dated May 13, 1993 registered under BC223756against title to Lot 1 Section 3 and 10 Township 6 NWD Plan LMP11110

(the "Servient Tenemen t") in favour of The Owners , Strata Plan NW2528

(the "Strata Corporation")

We have reviewed the Easement Agreement and would advise that in our opinion the"Works" as defined in the Preamble C are the sanitary sewer works and do not include

the pump station.

Preamble C states that the Grantor owns a sanitary sewer work which runs to a pumpstation on the Grantee's lands. Preamble C does not state that the Grantor owns the pump

station which, being located on the Dominant Tenement, would be owned by the StrataCorporation as the owner of the Dominant Tenement The defined "Works" by correctgrammatical interpretation of Preamble C wording clearly relates only to the sanitarysewer works owned by the Grantee and the body of the document is consistent with this

interpretation.

Accordingly, the registered owner from time to time of the Servient Tenement is onlyobligated to maintain the sanitary sewer works as stated in paragraphs 2(b) and (4(b).The owner of the Dominant Tenement from time to time would own the pump station andthe decisions relating to maintenance of the pump station and responsibility for carryingout maintenance work would rest with the owner of the Dominant Tenement.

Yours truly,BOUGHTON LAW CORPORATIONby Gordon V. radersoii Law Corporation

Per:Gordon V. Anderson

GVA/al

BOUGHTON LAW CORPORATION

256(441

DUNSTER & ASSOCIATESEnvironmental Consultants Ltd.

July 30, 2008

Ken StinsonCaptain 's Cove Marina (1978) Ltd.6100 Ferry RoadDelta, BCV4K 3M9

Attachment FPage 1 of 2

Dear Sir:

Re: Cottonwood trees along the pathway adjacent to the Chesapeake Development

Following our site visit on July 28" 2008, I have the following observations for your consideration.

1 The one large cottonwood that failed had extensive decay at the base of the trunk, as well assome decayed roots. It was growing right in the small swale.

2 There are approximately ten large cottonwoods trees that have the potential to strike the houseswere they to fall down to the north or west. Of these, the five trees on the south east corner arefurthest away.

3 When we originally developed this site we created several large wildlife trees by removing thebulk of the crown and trunk and leaving tall stumps. These have clearly been in active use bycavity nesting birds, as seen by the many holes excavated into the trunks.

4 Several of the large cottonwoods, have shed large limbs; a feature of cottonwoods as a species.

5 In my opinion we should reduce the risk associated with the remaining large cottonwoods byundertaking a fairly drastic crown reduction of most of them. That can best be accomplished bymeasuring the distance from the trunk to the nearest building, and then reducing the overallheight of the tree to a metre or so less than the horizontal distance. I believe that in some caseswe can remove the top of the tree and retain some lateral limbs, although we should shortenthose that overhang the trail. The trees do not need to be cut at all the same height. The debriscan be chipped and the chips blown back into the swale areas. The pruned trees will survive andcontinue to be beneficial habitat for at least another decade, if not longer.

6 Now that the many trees we planted at the time of development, have become established, thereis a large and well developed buffer between the houses and the trail, so the reduction of thecottonwoods trees will not be such a serious impact on the habitat values in this area.

7 This approach should be seen as part of the long-term tree management of the area, where weretain and slowly remove the existing trees, while encouraging the newly planted trees todevelop as replacements. So far, the approach has been very successful.

P.O. Box 109, Bowen Island, B.C. Canada. VON IGO Tel: (604) 947 - 0016 email: jadunster @(gnail.com

DUNSTER & ASSOCIATESEnvironmental Consultants Ltd.

If you wish, I can be available on site to direct the work when it takes place.

Yours truly,

On Behalf of Dunster & Associates Environmental Consultants Ltd.

Dr. Julian A. Dunster, R.P.F., M.C.I.P., ISA Certified ArboristASCA Registered Consulting Arborist # 378PNWISA Certified Tree Risk Assessor # 1

Attachment FPage 2 of 2

P.O. Box 109, Bowen Island, 13 C. Canada. VON IGO Tel: (604) 947-0016 email:jadunste^ @gman.co.

Documents

WHEREAS: RESOLUTION 1 - SEWER WORKS - CivicWeb