below is from the Juan de Fuca Parks & Recreation Commission June 7, 2007
meeting minutes outlines the agreement with Mr. Erik Sellars St. Clair
regarding his donation of his property to the CRD for a park.
to view the complete document.
14. RISE AND REPORT
WHEREAS, In the matter of
acquisition of Lot 5, Section 15, Otter District Plan 11437, donation of
2.91 ha (7.2 acres) by Mr. Erik Sellars St. Claire:
The Juan de Fuca Electoral Area
Parks and Recreation Commission and the Capital Regional District Board
authorized staff to negotiate an agreement with Mr. Sellars St. Claire to
accept a donation of land and to take necessary steps to complete the
transfer and granting of a life estate to Mr. Sellars St. Claire. The
Commission had authorized a maximum expenditure of $60,000 in order to
negotiate terms of the proposed donation. These funds were set aside for
the purpose of establishing a “Residential Parcel” and “Life Lease” for
one tenant and financial consideration for three remaining tenancies at
the conclusion of the Life Estate.
The Commission and community parks
system has received a wonderful asset through the donation of land. For
less than $70,000, an asset worth in excess of $500,000 has been acquired.
It cost $60,000 to reach agreement
with all parties involved. It is estimated that an additional $3500 -
$4000 was absorbed in staff and legal fees to complete the agreement.
Expenditures are charged to the Parks
Reserve Fund. Currently the Commission has an “under-funded liability” of
about $40,000 if the Life Estate were to terminate unexpectedly.
The Commission has entered into a
“life lease” agreement with one of Mr. Sellars St. Claire’s tenants, to
come into effect at the conclusion of the “Life Estate”.
The Commission has agreed to grant a
“licence to occupy” a portion of CRD land as shown on Schedule B,
attached. The sketch plan also depicts the “Leased Premises” once the Life
The Commission has agreed to maintain
a potable water source to the Leased Premises.
The Commission has agreed to erect and
maintain proper signage designating the Leased Premises as private
Currently, the parkland is encroached
upon and public access and ownership is poorly
A dilapidated “private” dock is on
park property. It presents a liability and requires removal.
Opening the parkland to public access
puts the onus on the Commission to ensure safe, unencumbered public access
to a reasonably safe environment.
The Commission RESOLVED to:
1. Cover the financial liability of $40,000
as soon as possible either by (a) supplementing the Parks Reserve Fund, or
(b) assigning $40,000 from the 2008 Operating Budget.
2. Complete a survey of the leased premises
and clearly define park boundaries at the eastern entry point.
3. Provide preliminary improvements to the
2.91 ha of Lot 5, Section 15, Otter District Plan 11437 dedicated as
parkland and slowly begin encouraging public access by completing the
a. Remove the dock and maintain the water
b. Enhance the dedicated MOT road access
“trail” and connect the trail into the park (under the current SEAPARC
permit to construct and maintain this access)
c. Clear the parkland adjacent to the
leased premises of debris and remove other signs of encroachment
d. Install appropriate signage
e. Prior to any work or enhancement, have
Commission representatives meet with the tenant of the leased premises and
reach consensus on the improvements to take place.
community partnerships to assist with the development of the park,
beginning with provision of a new dock.