We don’t usually send a fall Newsletter, but the launch of the ‘Rights of Way’ plan needs a mailing anyway, so here we are!

Diane and Bill Johnson have sold their cottage and will spend more time in Texas, to be with their children. Many of you will know Bill from his frequent excursions around Birch Island in his blue kayak with his dog Dorrie riding in the hatch behind him. Bill was like our roving newspaper, stopping to talk to folks, passing on the latest, and generally keeping us up to date on island happenings. They will be missed.

We note with sorrow the passing of George Riley, a former resident. He began BIRPOA’s annual loon count and delighted in taking his grandchildren out to do the counting.. The Laundermilch’s now have his former cottage. He had many friends on the island and was an active participant in island life.

More positively, Etta and the late Hugh Glover were the recipients of the second GALA award at the August AGM. This award is given to folks who have done a lot to further the well-being of Birch Island and its residents. The 2009 recipient was Ralph Robertson.

The Branch Library has had a very successful summer. We will close it after Thanksgiving, so bring back those books you checked out! We can also use some more children’s books. These have been very popular. Friends of the Laudermilchs have presented us with a large box of them, but we will find room for even more.

A plan to acquire legal Rights of Way to use the Birch Island Trails

The primary reason for this letter is to inform you of a plan to provide legal rights of way to the island’s walking trails. This has been under way for quite some time, and was discussed at the last two AGMs.

When Birch Island was developed in the late ‘60’s and early ‘70’s, roadways were laid out and surveyed so we could drive to our cottages, and rights of way over these roadways were defined and issued to many cottage owners. With the demise of the bridge to the mainland, these roadways have become hiking trails and they are one of the great features of the island.

Unfortunately, not all island residents have received these rights of way, so many lack a LEGAL right to use the trails. With luck that will never matter, but one BIRPOA member came to the Executive Committee with questions about acquiring them and the XC took a long and hard look at the matter. (There is some more info on this topic on the island web site: http://birchisland.info/faq.htm)

We learned that BIEL (Birch Island Estates Limited, the island’s developer) still has the ability to grant such rights and is willing to do so. Attorney Richard Minard is willing to do the legal legwork to make this happen, and to do so on a group basis so that the various legal costs are shared by all participants, a considerable savings. BIRPOA has no role in the issuing of rights; we have simply agreed to tell our members about the plan, to verify that participants are BIRPOA members, and to pass participant’s checks along to attorney Minard. We also recommended to Mr. Minard that certain rights of way that cross through the middle of cottage properties be excluded—this following the vote of the members at the 2010 AGM.

HOW THE PLAN WORKS:

1 . BIEL will grant a right of way over the trails they own or control to any BIRPOA member who participates, including the main trail, with a few exceptions, as noted above.

2 . Attorney Minard will create a “Grant of Right of Way”. He will register it with the Land Registry office in Brockville and provide a copy to each participant.

3 . No deed will be changed at this time; instead, that document will establish the right of way. When we sell or transfer our cottages, a new deed is routinely created and that new deed will incorporate the statement of right of way. This saves us the costs of having new deeds prepared.

4 . Each participant must pay a fixed sum of $300.00.

Some details:

We had originally hoped that it might be possible to develop some additional NEW rights of way to connect a few cottages to the main trails system. That has not proved a viable option. Only the original ROW crafted by BIEL are included, with a few they control NOT being provided. All the main trails are covered.

To find out if this package is for you, consult your deed. If it does NOT mention rights of way, you may wish to participate. If it DOES mention them, you may wish to compare the items stated in your deed with a list of the exact lots included, see below. Or you may call John Feltmate at (613) 824-1933 or (613) 359-5831.

---------------------------------------------------------------------------------------------------------------------

Request to Participate in the Trails Right of Way plan

To be eligible to participate, you must be a Birch Island property owner AND a 2010 member of BIRPOA, as we work exclusively for the benefit of members.  

Name(s):______________________________________________________________  

Lot #: _______________

  Signature(s):__________________________________________________________  

Include a cheque for $300 made payable to Richard Minard (In Trust).  

**If you intend to participate and are not currently a dues-paying member of BIRPOA, please include an additional cheque for $40 made payable to BIRPOA.**

Send to BIRPOA by Nov 1, 2010 at the following address

BIRPOA
c/o Alice Howarth
P.O. Box 2 
Elgin, ON  K0G 1E0 

Note: BIRPOA neither grants any rights of way nor receives any financial benefit from this plan; we are simply a conduit to attorney Minard.

 

------------------------------------

Details of ROW inclusions: the lists in a) and b) below are the ROWs being conferred. You may want to check your deed in case you already have the full set of a) or b).

Compare your deed with a) or b) below. If you have

a) Early deeds will say something like "...a right of way in common
with others...".  What is important here is the description that
follows. This description will list all of the parcels of land that
are affected by the grant.  The description to be complete must include:

* Lot 9 concession 6, lots 9 and 10 concession 7 in the Township of South Crosby
* R plan-19 Parts 37, 38, 39, 40, and 41
* R plan-38 Parts 56, 57, 58, 59, 60, and 61
* R plan-52 Part 93
* R plan-61 Parts 87, 88, and 89
* R plan-62 Parts 124, 125, 126, and 128
* R plan-101 Parts  129, 131, 130,142, 143,144, 145, 146, 149, and 150
* R plan-108 Parts 189, 207, 200, 199, 196, and 197
* R plan-109 Parts 148, 150, 151,155, 157, 160, 161, 164, 166, 168,
170,171, 173, and 181

b) The later deeds will make reference to Registrar's Compiled Plan
353 (RCP 353).  RCP 353 is a compilation of Plans R-17, R-19, R-38,
R-52, R-61, R-62, R-101, R-108, and R-109 plus a number of other plans
on the island not originally part of BIEL.  The rights of way are
located on this plan.  The deed will go on to say something like "...a
right of way in common with others...".  What is important here is the
description that follows. This description will list all of the
parcels of land that are effected by the grant.  The description to be complete
must include:

Lot 35, part of Lot 39, part of Lot 41, part of Lot
82, Lot 94, part of Lot 107, part of Lot 111, Lot
128, Lot 130, part of Lot 131, part of Lot 132, part of Lot 136, Lot
140, Lot 141, Lot 142, Lot 143, Lot 144, and Lot 145
It should be noted that the right of way may only apply to part of the
lot rather that the entire lot and the term "part of" might not appear
in the description.