Keats Island Land Use Contract Bylaw No. 4

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GAMBIER ISLAND TRUST COMMITTEE

BY-LAW NO. 4

EGOS OIG ICRA ROR IR IIIA OITA RII IRR KR IAA RR RRA IAA KIK REIKI RIKI RAISER IIS,

A BY-LAW AUTHORIZING A LAND USE CONTRACT RELATING TO THE CONVENTION OF BAPTIST CHURCHES OF BRITISH COLUMBIA, FOR DISTRICT LOT 696, KEATS ISLAND, NEW WESTMINSTER

LAND DISTRICT

CARR ARR RA KAKA III AAR AIR ARIK RRR AAR R AK ERR RRAR AAAI RRA ERR AERA REE EIR E ERR EERE RRA AEE RE,

WHEREAS it is deemed desirable by the Gambier Island Trust Committee, pursuant to Section 3(2)(h) of the "Islands Trust Act" and Section 702A of the "Municipal Act" to enter into a Land Use Contract with the Convention of Baptist Churches of British Columbia for the use and development of District Lot 696, Keats Island, New Westminster Land District;

NOW THEREFORE the Gambier Island Trust Committee, being the Trust Committee having jurisdiction on and in respect of Keats Island in the Province of British Columbia, pursuant to the Islands Trust Act, S.B.C., 1974, Chapter 43, as amended, and B.C. Regulation 442/78, in open meeting assembled enacts as follows:

1. The above mentioned Land Use Contract, a copy of which is attached hereto, and the execution thereof, on behalf of the Gambier Island Trust Committee as signed by the Chairman and Manager of the Islands Trust are hereby authorized.

2. The said Land Use Contract shall be registered in the Vancouver Land Registry Office.

3. This By-law may be cited as "Gambier Island Trust Committee Land Use Contract Authorization By-law No. 4, 1978 (Convention of Baptist Churches of British Columbia)".

READ A FIRST TIME THIS 27th day of October 1978

READ A SECOND TIME THIS 27th day of October 1978

READ A THIRD TIME THIS 27th day of October 1978

APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING THIS 9th day of November » 1978.

RECONSIDERED AND FINALLY ADOPTED THIS 21st day of November 1978

Manger onairman

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CONSENT

KNOW ALL MEN BY THESE PRESENTS THAT:

MONTREAL TRUST COMPANY,

of 466 Howe Street, in the City of

Vancouver, Province of British Columbia, being the holder of a charge by way of Mortgage registered in the Land Registry Office at Vancouver, under Number 542446-M against all and singular that certain parcel or tract of land and premises on Keats Island in the Province of British Columbia, and known and described as:~

That Part of District Lot 696, Group 1,

New Westminster District, Shown on

Reference Plan 4421, in consideration of the sum of One Dollar ($1.00) hereby agrees and consents to the registration of a Land Use Contract, made between the registered owner of the said

lands and The Islands Trust Committee dated the 2»[£t~

day of OCXwdeX 1978, against the aforementioned lands.

THE CORPORATE SEAL of Montreal Trust Company was hereunto affixed in the presence

ofs=

SH

——Aithorized Signing Officer

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a : On) . ,G Bata THIS CONTRACT made the 22nd day of November 1978

BETWEEN:

GAMBIER ISLAND TRUST COMMITTEE

having its office at 835 Humboldt Street,

in the City of Victoria, Province of

British Columbia,

(hereinafter called the "Trust Committee")

OF THE FIRST PART

AND:

THE CONVENTION OF BAPTIST CHURCHES OF BRITISH COLUMBIA having an office at 5920 Iona Drive, in

the City of Vancouver, Province of

British Columbia,

(hereinafter called the "Owner") OF THE SECOND. PART

WHEREAS the Trust Committee, pursuant to Section 3(2)(h) of the Islands Trust Act and Section 702A of the Municipal Act, may, notwithstanding any By-law of the Trust Committee or Section 712 or 713 of the Municipal Act, enter into a land use contract containing such terms and conditions for the use and develop- ment of land as may be agreed upon with an owner, and thereafter the use and

development of the land shall be in accordance with the land use contract;

AND WHEREAS the Municipal Act requires that the Trust Committee consider the criteria set out in Section 702(2) and 702A(1) in arriving at the terms, con- ditions and consideration contained in a land use contract and the Trust Committee

has considered such criteria in arriving at the terms and conditions herein contained;

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AND WHEREAS the Owner has: presented to the Trust Committee a scheme of use and development of the within described lands and premises that would be in contravention of the Zoning By-law of the Trust Committee and has requested that the Trust Committee enter into this Contract under the terms, conditions and

for the consideration hereinafter set forth;

AND WHEREAS the Trust Committee and the Owner both acknowledge that the Trust Committee cannot enter into this Contract, until the Trust Committee has held a public hearing in relation to this Contract, and considered any opinions expressed at such hearing, and unless a majority of the members of the Trust Committee present at the meeting at which the By-law to approve this Contract

is adopted vote in favour of the Trust Committee entering into this Contract;

AND WHEREAS the Owner has obtained the consents of all persons having a registered interest in the Land as set out in Schedule "A" hereto to the regis- tration of the Contract in the Vancouver Land Registry Office with priority over

their respective interest, which consents are attached to the said Schedule "A"

hereto;

AND WHEREAS the Trust Committee having given due regard to the consider- ation set forth in Section 702(2) and 702A(1) of the "Municipal Act" has agreed

to the terms, conditions and consideration herein contained; AND WHEREAS the Owner is the registered owner of all and singular that certain parcel or tract of land and premises situate, lying and being in the

Province of British Columbia and being more particularly known and described as:

District Lot 696, Keats Island, New Westminster

Land District

(hereinafter called "the Land")

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AND WHEREAS the Land is within an area of Keats Island designated as

a development area pursuant to Section 702A(2) of the "Municipal Act";

AND WHEREAS the Keats Island Official Community Plan refers to the

Land Use Contract as an instrument which could allow the establishment of separate

titles for each existing cottage;

NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the Trust Committee

and the Owner covenant and agree as follows:

1. The use and development of the Land shall be in accordance with this Contract. Oo The use of the Land and any buildings or structures on the Land shall

be used only for the purposes specified in Schedule "B" attached hereto.

3. The creation of lots for residences or seasonal cottages shall be in accordance with Schedule "C" and upon completion of this contract the Sunshine Coast Regional District may issue building permits for the construction of residences or seasonal dwellings, or buildings in connection with the Baptist camp or the reconstruction of, alteration of or addition to such buildings subject to the provision that not more than one residence or seasonal dwelling shall be

permitted on each lot shown in the inset plans of Schedule "C".

4. Except as otherwise provided in this Contract, the use and development of the Land shall comply with all regulations and by-laws, from time to time in force on Keats Island, and without limiting the generality of the foregoing, each building shall be constructed, altered, or reconstructed or added to only in compliance with the current Building and Plumbing Code By-law #126 of the Sunshine

Coast Regional District.

5. A water supply system shall be provided and made available to each lot on the property and such water supply system shall comply with all regulations and

requirements of the appropriate health and other authorities.

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6. Sewage disposal arrangements including the provision of septic tanks shall be constructed and maintained to the satisfaction of the appropriate

authorities and in accordance with their regulations. 7. Roads and rights-of-way shall be provided in accordance with Schedule "D".

8. Public Park and a natural area shall be provided and preserved in

accordance with Schedule "E".

9. This Agreement shall be registered by the Trust Committee in the Vancouver Land Registry Office as First Charge against the Land having priority over any and all other charges, encumbrances and liens registered against the

land save only those certain charges specified in Schedule "A" hereto and shall have no force or effect unless and until it has been so registered but upon registration as aforesaid shall have the force and effect of a restrictive covenant running with the Land, PROVIDED HOWEVER, that if the Trust Committee shall fail

or neglect to apply for registration of the same within the period of three (3) clear days after the Owner shall. have made written demand in that behalf upon

the Trust Committee, the Owner may thereafter apply as agent for the Trust Committee

without further reference to or authority from the Trust Committee.

10. Whenever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or body corporate or politic where the

context or the parties so require.

ll. The Owner shall dedicate the Park, Road and Trail Right-of-Way within

one year of the registration of this Land Use Contract.

a2 This Agreement shall enure to the benefit of and be binding upon the

parties hereto and their respective successors and assigns.

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IN WITNESS WHEREOF the parties hereto have caused these presents to be

executed as of the day and year first above written.

GAMBIER ISLAND TRUST COMMITTEE )

)

)

)

tad, -} TOW F 7 ) Gambier Island Trust Committee

Chairman ) 7 _

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)

_- )

)

)

Manager )

)

)

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THE CONVENTION OF BAPTIST CHURCHES OF BRITISH COLUMBIA

Bxecurwe Seeger Ae] BX Qvewk-

) ) ) ) ) ) ) ) ) ) ) ) ) TREAS UREL ) ) )

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ENCUMBRANCES

The B.C. Tel Co.

B.C. Electric Co. Ltd.

B.C. Electric Co. Ltd.

Montreal Trust Company

Montreal Trust Company

SCHEDULE "A"

That part of Right-of-Way 213575M D.L. 696 included in reference plan 4421,

Right-of-Way over that part included in Exp. Plan 6583 with subordinate rights over the balance of the said District lots.

All Right-of-Way, 326792M Registered under #325036M.

Mortgage of Right-of-Way 213575M.

That part of D.L. 696, M.542446M. included in Reference Plan 4421. In trust,

see 63236M and 542446M, Supplemental

to 63236M inter alia.

Mortgage of Right-of-Way 213575M.

That part of D.L. 696, MD9422 Included

in Reference Plan 4421. In trust see 63236M and D9422. Supplemental to 63236M.

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For the Officer of a Corporation

I HEREBY CERTIFY that, on the 22nd day of November , 19°78 at Victoria, in the Province of British Columbia Marc Holmes who is personally known to me, appeared before me and acknowledged to me that he is the Chairman

of Gambier Island Trust Committee , and that he is the person who subscribed his name to the annexed instrument as such Officer of the said Corporation and affixed the seal of the said Corporation to the said instrument, that he was first duly authorized to'subscribe his name as aforesaid, and affix the said seal to the said instrument and that such Corporation is legally entitled to hold and dispose of land in the Province of British Columbia.

IN TESTIMONY WHEREOF I have hereunto set my

hand at Victoria in the Province of British. Columbia,

this CRAY apy of Mone , 1978.

Pearlman & Lindholm

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For the Officer of a Corporation

I HEREBY CERTIFY that, onthe 22nd” day of November , 19°78 at Victoria, in the Province of British Columbia Tony Roberts

who is personally known to me, appeared before me and acknowledged to me that he is the Manager

of Gambier Island Trust Committee , and that he is the person

who subscribed his name to the annexed instrument as such Officer of the said Corporation and affixed the seal of the said Corporation to the said instrument, that he was first duly authorized to subscribe his name as aforesaid, and affix the said seal to the said instrument: and that such Corporation is legally entitled to hold and dispose of land in the Province of British Columbia.

IN TESTIMONY WHEREOF I have hereunto set my

hand at Victoria in the Province of British Columbia,

» 1970.

Pearlman & Lindholm

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Arkuowledgnent uf Officer nf Corporation

I HEREBY CERTIFY that, on the D&C aay of Oca , 2¥ > in the

City of Vancouver, in the Provinee of British Columbia,

n V.L.Robert + Who is pepsoually known to me, appeared before me and acknowledged to me that

ate : Signing OTEtcer a

he is an Authorized Of NonTREAL TRUST COMPANY, sued that he is the person who subscribed his name ‘ igning fficer

to the annexed instrument as Authorized of tiie said ‘MONTREAL TRUST COMPANY and affixed the seal

of the MONTREAL TRUST COMPANY to the said instrument, that he was first duly authorized to subscribe his name as aforesaid and affix the said seal to the said instrument, and that such corporation is legally entitled to hold

and dispose of land in the Province of British Columbia.

IN TESTIMONY WHEREOF I have hereunto set my hand at

the City of Vancouver, in the Province of British Columbia.

this BA aay of Octedan n one thousand nine hundred and ore wy

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| Approved |

I

Co

MANAGER,

CoUNset

CONSENT KNOW ALL MEN BY THESE PRESENTS THAT:

BRITISH COLUMBIA TELEPHONE COMPANY,

of 3777 Kingsway, in the District of Burnaby,

Province of British Columbia, being the holder of a charge by way of Right-of-Way registered in the Land Registry Office at Vancouver, under Number 213575-M against all and singular that certain parcel or tract of land and premises on Keats Island in the Province of British Columbia, and known and described as:~

That Part of District Lot 696, Group 1,

New Westminster District, Shown on

Reference Plan 4421. in consideration of the sum of One Dollar ($1.00) hereby agrees and consents to the registration of a Land Use Contract, made between the registered owner of the said lands and The

Islands Trust Committee dated the day of

1978, against the aforementioned lands.

THE CORPORATE SEAL of British Columbia Telephone Company was hereunto affixed

in the presence of:-

£9. Gaol)

Vice-President

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» ACKNOWLEDGMENT OF OFFICER OF CORPORATION

IHERERY CERTIFY that onthe 31st day of __ October » 1978, at Burnaby, in the Province of British Columbia, BETTY J, RUMFORD, who is personally known to me, appeared before me and acknowledged to me that she is the Assistant Secretary of British Columbia Telephone Company, and that she is the person who subscribed her name to the annexed instrument as Assistant Secretary of thé said British Columbia Telephone Company and affixed the seal of the British Columbia Telephone Company to the said instrument, that she was first duly authorized to subs- cribe her name as aforesaid, and affix the said seal to the said instrument and that such Corporation is legally entitled to hold and dispose of land in the Province of British Columbia.

IN TESTIMONY whereof I have hereto set my hand at Burnaby, British Columbia, this 31st — —E—rtéi‘—Oer_s—s_ONS

o?

Kewere KM UW igor “A Commissioner for Taking Affidavits for British Columbia

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CONSENT

WHEREAS the Convention of Baptist Churches of British Columbia (hereinafter "the registered Owner") and the Island's Trust Committee (hereinafter the "Trust Committee") propose to enter into a Land Use Contract in respect of that part of Keats Island lying and being in Vancouver Assessment District in the Province of British Columbia and being more particularly described as:-

District Lot 696, Group 1,

New Westminster District

AND WHEREAS British Columbia Hydro end Power Authority is the registered holder of charges by way of rights of way registered against the said land.

AND WHEREAS the registered owner under the Land Use Contract is required to obtain the consent of all persons having registered interests in the said land.

KNOW ALL MEN BY THESE PRESENTS THAT British Columbia Hydro and Power Authority of

970 Burrard Street

Vancouver, B.C,

being the holder of charges by way of Rights of Way registered in the Land Registry Office at the City of Vancouver, Province of British Columbia, under Numbers 325036M and 326792M against all and singular thet certain parcel or tract of land and premises being in the Vancouver Assessment District, in the Province of British Columbia, known and described as:-

District Lot 696, Group l,

New Westminster District

IN CONSIDERATION of the premises and the sum of $1.00 hereby agrees and consents to the registration of the Land Use Contract made between the registered Owner of the said land and the Trust Committee, which shall have the force and effect of a

Restrictive Covenant running with the land and against the

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aforementioned land, provided that the dedication of the public park being area E in the said Land Use Contract is by way of Deed to Her Majesty the Queen in Right of the Province of British Columbia for park purposes subject to the said charges by way of Rights of Way in favour of British Columbia Hydro and Power Authority and further provided that this Consent is not with priority over British Columbia Hydro’and Power Authority's interests in the said land as stated in the fifth Recital of the said Land Use Contract but is subject and without prejudice to the rights and priorities of the said British Columbia Hydro and Power Authority under or by virtue of the said charges by way of Rights of Way and subject and without prejudice to the rights and immunities of the said British Columbia Hydro and

Power Authority under or by virtue of any statute or statutes.

THE COMMON SEAL of BRITISH COLUMBIA’ HYDRO AND POWER AUTHORITY. is hereunto affixed in the-presence of its duly authorised officer:

A 7 a ee OT Sige . LAB

rr

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ACKNOWLEDGMENT OF OFFICER OF A CORPORATION

y

. I HEREBY CERTIFY that, on the (oO: 2 day of 6 re ~ 197’, at Vancouver, in the Province of British Columbia, ELIZABETH BEATRICE FULWELL, who is -personally known to me, appeared before me and acknowledged to me that she is the Associate Secretary of British Columbia Hydro and Power Authority, and that she is the person who ,subscribed her name to the annexed instrument as Associate Secretary of the said British Columbia Hydro and Power Authority and affixed the seal of the said British Columbia Hydro and Power Authority to the said Instrument, that she was first duly authorized to subscribe her name as aforesaid, and affix the said seal to the said Instrument, and that such corporation is legally entitled to hold and dispose of land in the Province of British Columbia.

IN TESTIMONY whereof I have hereunto set my Hand at Vancouver, in the Province of British Columbia, this vopecday of wo - 2 in the year of our Lord One Thousand Nine Hundred and i . - : 7

4 9g. ho a ee A Commissioner for taking Affidayits for British Columbia

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*MADDIN, SUDERMAN & CO. E.E. Bowes

2393 - 595 Burrard Vancouver, B.C. V7X 1K8

Register Vol__1956.__

From Title No.

LAND REGISTRY ACT” (Szcion 252)

CERTIFICATE OF ENCUMBRANCES

Land Registry Office, VANCOUVER _ itis Columbia.

00 : 29/1, This ts to rertify wat a ae hinabaenle 9/2/79

the state of the title to the Jand described herein is as stated below and is subject to the notations appearing on the back hereof,

0. Mack daar, no we

13/10/53 "Zed Regina e

Registered owner in fee-simple: Application for registration received ..

THE CONVENTION OF BAPTIST CHURCHES OF BRITISH COLUMBIA 4615 West 9th Avenue

Description of land: Vancouver Assessment District

District Lot 696

Group 1, NEW WESTMINSTER DISTRICT

CHARGES, LIENS, AND INTERESTS"

Nature of Cnarge: Nut Reslteed Owner of Curse Remarks RW 213575-M | The British Columbia over that part included 26/8/55 --@ 11:52 °| Telephone Company, in Reference Plan 4421

325036-M British Columbia Electric] py over that part included if Company Limited (deemed 7 Be ee "|. to be the. registered int-| 1p, Explanatory. tan 6583 : | erest of British Columbial inked faults rights “Hydro and Power Authorityh 2249 pistrict Lot “-see DF 106874) ht stric ot.

RW . 326792-M | British Columbia Electric 27/4/61-.. @. 8 :Company Limited (deemed - . : to be the registered int-| : oie erest of British Columbia

Beek Hydro and Power Authority Coa eG “see DF 106874). .-

RW 21/3/61-~.

Mio... 2, 542446-M | Montreal Trust Company over that part included 20/12/72 5 6 > |. in trust, see 63236-1 M -| in Reference Plan 4421 and su2hie-n inter alias M of RW

213575-M,. supplemental to 63236-M :

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Page 2 of Certificate No. 1/544

CHARGES, LIENS, AND INTERESTS

CONTINUED

M D gh22 25/2/76 @ 9:38

Land Use Contract 4314

3/1/79 @ 2:14

Montreal Trust Company in trust, see 63236-M and D 9422

Gambier Island Trust Committee

over that part included in Reference Plan 442] inter alia; M of RY 213575 supplemental to 63236-%

with priority over 213575- S42uN6-M, and D gh22

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SCHEDULE "B"

The use of the Land including buildings and structures erected thereon shall, subject to the provisions of Schedule "E", be restricted to:

a) Residence

b) Seasonal Cottage

c) Home occupation

d) Agriculture

e) Place of assembly

£) Institutional camp

g) Public Park

h) Public Service use

No more than one (1) residence or seasonal cottage shall be constructed on any lot created under the provisions of Schedule "C" and no residence other than residences required for the exclusive use of employees of the. Owner and their families, and in any case not more than (5) five residences for such

employees, shall be constructed on land not within Areas A, B, C, D and E as

shown on the plan accompanying Schedule "Cc".

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SCHEDULE "Cc"

Within District Lot 696, lots for residence and seasonal cottages may be subdivided, or created by other means subject to the number of lots being restricted to a maximum of 110 and to such number being further restricted to the numbers and locations shown on the plan accompanying and being a part of

this Schedule and providing for: - in Area A (two parts) a maximum of 72 lots, and - in Area B a maximum of 22 lots, and - in Area C a maximum of 16 lots. The location of the 110 lots shall, subject to minor variation upon

survey, be as shown approximately in the inset on the plan accompanying this

Schedule.

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(b)

(c)

SCHEDULE ™p"

A public road right-of-way shall be dedicated 8 metres wide from the Federal Government. dock (D.L. 6215) through the camp campus, being a distance of 334 metres, and 20 metres in width from the eastern boundary of the campus through to or near the point on the eastern boundary of D.L. 696 where the right-of-way registered under Reference Plan 2618 crosses the said eastern boundary. Such road shall be constructed on an alignment and to the standards required by the Ministry of Highways but shall not involve any clearing beyond a

12 metre width.

Other access ways required for the servicing of lots created in areas A, B, and C, shall be registered as common lots or dedicated as public road as may be required by the Approving Officer, when the

lots are created.

A public right-of-way not exceeding 6 metres in width shall be dedicated and shall extend from the public road in the vicinity of

the Government dock to the public park site referred to in Schedule "E". The trail shall be constructed and located to the satisfaction of the Ministry of Highways but there shall be a minimum disturbance of trees and bushes and in no event shall a tree in excess of 22 (twenty-two) centimeters in diameter, measured 62 (sixty-two) centimeters above the

ground, be cut.

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SCHEDULE "E"

A public park shall be dedicated by subdivision in the area indicated as Area E on the plan accompanying Schedule "C". The park shall be held by the Crown Provincial but Baptist Camp Officials shall, without depreciating the public's right to use the park, have the power (at its option and without legal obligation) to warn or restrain persons damaging the property or its flora or fauna or lighting fires or in any way endangering the park, or engaging in over-

night camping.

The Lands shown as Area D on the plan accompanying Schedule "C" shall be the subject of a Restrictive Covenant in favour of the Crown registered under Section 24A of the Land Registry Act and such Restrictive Covenant shall provide for no construction of buildings or structures in Area D except that the Owners may construct not more than two additional buildings totalling not more than 4,000 sq. ft. (combined gross floor area) in addition to the existing building which may be reconstructed or replaced subject to the use, design and location of

all buildings being mutually acceptable to the Owner and the Trust Committee.

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