Saturna Island Property Owners Association

P. O. Box 27, Saturna, British Columbia, V0N 2Y0

May 15, 2011

Letter received from Mr. Larry Page, QC in connection with Harris Road, Saturna Island, BC

I am writing to the SIPOA Board to provide information with respect to matters raised in the letters from MOT relative to Harris Road and the Harris Road extension.

As President of Saturna Beach Estates Ltd., owner of the Saturna Island Family Estate Winery, I have been dealing with these issues since 2000 in meetings and exchange of correspondence with SILTC and MOT.

Relevant dates and issues are:

  • May 15, 2000 . J. E. Anderson, Professional Engineers, prepared a report on the Harris Road Extension in which they expressed a professional opinion that “the road appears to have been constructed in accordance with acceptable standards” and “Under the Islands Trust Agreement the road would be classified as a Residential Rural Local Road”. A copy of the report is attached.
  • March 21, 2001. A site meeting was held with senior officials of MOT and SILTC, together with the writer representing the Winery and also the Saturna Strata Corporation. In this meeting the fact that MOT had previously received legal entitlement to all portions of the roadbed with the exception of the lower section connecting to Quarry Road was discussed. MOT agreed to receive an easement or R/W over such section to complete its legal entitlement to all portions of the roadbed.
  • October 15, 2008. A site meeting was held with the writer and Mr. Michael Goodhelpsen, District Development Technician of MOT. In this meeting, all prior issues relative to the road were discussed and specifically the agreement by MOT to receive a R/W over the lower portion of the road which runs through portions of Lot 32 (Winery land) and common property owned by the Strata corporation.
  • October 28, 2008. A letter was sent by L. Page to M. Goodhelpsen confirming matters and setting out the history of agreement with MOT. A copy of the letter is attached.
  • A Surveyor was hired to survey the proposed R/W and a preliminary plan was submitted to M. Goodhelpsen with no substantive response.
  • SILTrustees were requested to conclude matters with MOT at a senior level.
  • October 7,2010 M. Goodhelpsen wrote to Gary Richardson, Island Planner, Islands Trust in which he states:
  • The existing strata road does not meet our standards for grade or width
  • We do not have certification that the strata road was built to our standards
  • The road dedication being offered is not sufficient to encompass the slopes above and below the driveway
  • There is section near the start of the strata road that appears to be private and outside the area being offered for dedication.

I have asked SILTC and MOT on many occasions over the years from 2000 to conclude the agreement reached on March 21, 2001. During the period following the date of the agreement, I asked staff at MOT whether it would survey the residual 500 metres to be included in the R/W or whether it wished me to commission the survey. During that time I worked with MOT to survey a 40 foot dedication of a portion of Quarry Road running through portions of Lot 32 and concluded registration of this R/W. MOT remained unresponsive to my entreaties to conclude the Harris Road extension R/W.

My comments on Mr. Goodhelpsen’s views expressed in his letter of October 7, 2010 have been conveyed to the Saturna Strata Council with the request that they be discussed with officials of MOT. It appears from Mr. Duncan’s letter that senior officials of MOT remain unaware of the facts.

With reference to the issues of “grade, width and certification” MOT has been in possession of the Anderson Report since May 2000 and it formed the basis of the agreement of March 21, 2001 for MOT to receive a R/W over the lower portion of the Harris Road Extension to complete its legal entitlement of all portions of the roadbed.

With reference to the “slopes” issue, this was fully discussed on March 21, 2001 in the context that the Strata Corporation agreed to maintain the road

With reference to the “private” section of land at the start of the road Mr. Goodhelpsen has been consistently told by the Strata Corporation, that it could arrange for a R/W over such portion of the road bed.

I hope that this history will assist SIPOA in its continued discussions with MOT stressing these relevant issues:

  1. MOT agreed to receive a R/W because it already has legal entitlement and jurisdiction over the major portion of the Harris Road extension. It should not now fail to perform its agreement.
  1. The Harris Road extension meets Islands standards as a Residential Rural Local Road as certified by an independent professional engineer
  1. The Harris Road extension is used on a daily basis by the public to gain access to ThomsonPark, the National Park, Saturna Winery (the largest industry on SaturnaIsland) and the Campbell farm
  1. A substantial realty tax is paid to the Province by residents of SaturnaBeach with no reciprocal provision of services by the Province.
  1. Maintenance of Harris Road which provides access to the water supply at MoneyLake and to the National Park should not be affected by, or subsumed into issues which MOT may have with the Harris Road extension.

Lawrence Page Q. C.