Attachment 7: Letter from Mullin DeMeo re: Thetis Lake Residential Development (Subdivision)
Legal letter discussing the proposed subdivision into five fee simple lots and shared strata easements.
Our File: 76686/Limona/Dev-Thetis/JDM/sl
May 23, 2017
Via Email
Limona Construction Ltd. 3405 Midland Road Victoria, BC V8R 6G3
Attention: Mike Baier & Mark Johnston
Dear Sirs:
Re: PID 023-696-613, Lot 1, Sections 97 and 98, Esquimalt District, Plan VIP64516 Thetis Lake Residential Development
We are writing in reference to the proposed development of the above noted property.
The attached plan would contemplate an initial subdivision of five (5) fee simple lots. Each lot would then be further developed and each would have separate strata corporations.
In order to create the initial subdivisions, easements would be required for access and servicing purposes to be registered against proposed Lot 5 in favour of proposed Lots 1, 2, 3 and 4. The easements could include a covenant to the Town of View Royal that confirms that the easements could not be modified or released without the Town of View Royal's consent.
The benefit and burden of the easements would be assumed by the subsequent strata corporations of each of the lots. The easements would contain a provision that would require the proposed Lots 1, 2, 3 and 4 to contribute to expenses regarding the easement based on a set ratio (ie. the number of units within the potential development of such lot over the total number of units for all five of the lots) wherein each will contribute a share of annual expense amounts, to be determined by the owner of Lot 1.
Ultimately, the owners of proposed Lot 1 (ie. which will apply to the strata corporation to be formed by the strata development of that lot) will have the easement area as part of their land and they will be responsible for the maintenance and repair issues and decisions, however, the easement terms will allow them to recover a portion of such costs from each of Lots 1, 2, 3 and 4 (ie. which will apply to the strata corporations to be formed by the strata development of each of those lots).
Yours truly, MULLIN DEMEO
John D. Mullin
/sl Enclosure
