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RETURN Of minute of Council and Agreement relative to a grant of land made to the Grand Trunk Pacific… British Columbia. Legislative Assembly 1906

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 6 Ed. 7 Kaien Island Land Grant. F 13
RETURN
Of Minute of Council and Agreement relative to a grant of land made to the Grand
Trunk Pacific Railway Company for terminal purposes.
R. F. GREEN,
Chief Commissioner of Lands and Works.
Lands and Works Department,
January 11th, 1906.
Approved 4th May, 1904.
(Signed)        Henri G. Joly de Loteiniere,
Lieutenant-Governor.
To His Honour
The Lieutenant-Governor in Council:
The undersigned has the honour to report that—
1. Whereas section 39 of the Land Act provides that it shall be lawful for the Lieutenant-
Governor in Council to make such special free, or partially free, grants of unoccupied and
unappropriated Crown lands of the Province for the encouragement of immigration, or other
purposes of public advantage, not being bonuses for the construction of railways, with and
under such provisions, restrictions and privileges as to the Lieutenant-Governor in Council
may seem most advisable :
2. And whereas the establishment of the Western Terminus of the Grand Trunk Pacific
Railway Company upon unoccupied Crown lands in this Province is a public advantage within
the meaning of said section :
3. And whereas certain lands on the Tsimpsean Peninsula, in the vicinity of Tuck Inlet,
are suitable for the purpose of said terminus :
4. And whereas Ernest Victor Bodwell, of the City of Victoria, Barrister-at-Law, acting
under instructions from and who in this matter represents the Grand Trunk Pacific Railway
Company, and is not acting in his individual capacity, has made a proposition with respect to
a partially free grant of the said lands :
5. And whereas it is desirable that his proposal be accepted :
6. And whereas it is advisable that the terms upon which the said grant of lands shall be
made shall be stated; the undersigned has the honour to submit as follows :—
1. The said Ernest Victor Bodwell may select from the unoccupied Crown lands of the
Province situate on Tsimpsean Peninsula, in the vicinity of Tuck Inlet, an amount not exceeding
ten thousand (10,000) acres of land, which he shall, in his judgment, deem to be most suitable
for the purposes of a terminus for the said railway.
2. The said Ernest Victor Bodwell shall, immediately after such selection, have the said
lands surveyed by a surveyor who shall be approved of by the Chief Commissioner of Lands
and Works.
3. The said lands may be surveyed in one or more blocks, and it shall only be necessary
to run the outside lines of the said blocks; but in other respects the survey shall conform to
the system of surveys prescribed by the Land Act.
4. In surveying the said lands, the said Ernest Victor Bodwell shall also be at liberty to
survey and plat the foreshore and the beach and land below high-water mark, where any of the
said lands abut upon or form the shore of any tidal or other waters.
The grants hereinafter referred to shall convey all the foreshore and riparian rights which
the Crown may have in the lands so described, and which are situated below high-water mark.
5. When the surveys are completed the said lands shall be platted in the Land Department, and Crown grants thereof, in such parcels as the Chief Commissioner shall direct, shall
be executed conveying the said lands to the said Ernest Victor Bodwell, acting in the before-
mentioned capacity, in fee. F 14 Kaien Island Land Grant. 1906
6. Whenever any of the lands so to be granted form part of the shore of any tidal waters,
or the banks of any river, lake or stream, the said grant shall convey in fee the lands below,
as well as above, high-water mark, and shall also contain a grant to the said Ernest Victor
Bodwell, acting in the before-mentioned capacity, in fee of all foreshore and riparian rights
which the Crown, in right of the Province, has in respect of any lands covered by waters which
are described or referred to in the said grants.
7. The said grants shall also reserve to the Crown the rights referred to in section 32 of
the Land Act, which rights shall be deemed to include an undivided one-quarter interest in
all lands described in the said grants, including the lands mentioned in clauses four (4) and
six (6) hereof provided, however, that the land fronting on the sea or other waterway shall
be divided into blocks having a frontage on the sea or waterway of not less than (1,000) feet,
and the selection of the water front lands so divided shall be in conformity with section 32 of
the Land Act.
8. Upon the execution and delivery of the said grants to the said Ernest Victor Bodwell,
the said Ernest Victor Bodwell shall pay into the credit of the Chief Commissioner of Lands
and Works the sum of ten thousand ($10,000) dollars in cash, as one of the terms upon which
the said grants are to be made, and as a guarantee of good faith, and as security for the
performance by the said Ernest Victor Bodwell of the further conditions referred to in this
Minute, and unless the Crown shall require the reconveyance of the said lands from the said
Ernest Victor Bodwell under the further conditions of this Minute, the said sum of ten
thousand dollars (10,000) dollars shall be and remain the property of the Government.
9. The said grant, when so executed and delivered as aforesaid, shall also be deemed to
have been issued subject to the following conditions :—
(1.) The said Ernest Victor Bodwell shall not dispose of the said lands to any person or
corporation except for the purposes of establishing thereon the western terminus of the Grand
Trunk Pacific Railway :
(2.) The said Ernest Victor Bodwell shall, within the period of nine (9) months from the
date hereof, cause the western terminus of the said Grand Trunk Pacific Railway to be established upon the said lands, or some portion thereof, or shall produce evidence to the satisfaction
of the Chief Commissioner of Lands and Works that the said terminus will in due course be
permanently established upon the said lands, or some portion thereof, and that the said lands
conveyed as aforesaid shall constitute the townsite surrounding the said terminus :
(3.) If the said Ernest Victor Bodwell shall fail in procuring the establishment of the said
terminus as aforesaid, or shall fail within the time aforesaid to produce the evidence referred
to in the sub-section last above mentioned, then the said lands shall, upon demand by the
Crown, be reconveyed by the said Ernest Victor Bodwell to the Crown ; and if the Crown
shall demand the reconveyance of the said lands, then the said sum of ten thousand
($10,000.00) dollars, without interest, shall be repaid to the said Ernest Victor Bodwell; but
he shall not be allowed any sums spent by him on account of surveys or other expenses connected with the grant of the said lands :
(4.) Before the Crown grants referred to are actually delivered to the said Bodwell, there
shall be fyled with the Chief Commissioner of Lands and Works a written approval of the
terms of this order, signed by the proper officer in that behalf of the Grand Trunk Pacific
Railway Company.
The undersigned recommends that the said proposal be accepted, subject to the terms and
conditions aforesaid.
(Signed)        R. F. Green,
Chief Commissioner of Lands and Works.
The Committee of Council concur and submit the same for Your Honour's approval.
Dated this 30th day of April, A. D., 1904.
(Signed)        Richard McBride,
Presiding Member of the Executive Council. 6 Ed. 7 Kaien Island Land Grant. F 15
This Indenture made this third day of August, A. D. 1905, between the Grand Trunk
Pacific Railway Company, hereinafter called " the Company," of the one part, and His Majesty,
the King, in right of His Province of British Columbia, of the other part:
Whereas the Government of the Province of British Columbia, acting for and on behalf
of His Majesty in right of His Province of British Columbia, on the tenth day of March, A.D.
1905, granted certain lots to the Company upon the terms and conditions then expressed :
And whereas by an antecedent agreement it was provided that the terminus of the
Company's railway should be established on the lots in question :
Now, this Indenture witnesseth, and it is hereby expressly agreed and declared,—
1. That the Company will, subject to the approval of tbe Governor-General in Council,
establish the western terminus of the National Transcontinental Railway upon the hereditaments conveyed to them by the hereinbefore recited Indenture of the tenth day of March A.D.
1905, and will thereon construct, of a substantial and permanent character, the wharves, docks,
stations, yards, round-houses and other facilities proper and suitable for such terminus.
2. That some substantial work will be begun upon the construction of the said wharves,
docks, stations, yards, round-houses and other facilities, on or before the thirtieth day of June,
A. D. 1906, and thereafter actively prosecuted to completion.
3. That this Agreement shall be read with and form part of the said Indenture of the
tenth day of March, A. D. 1905.
In witness whereof, pursuant to a resolution of the Directors of the Company, dated the
third day of August, 1905, this Company has hereunto set its corporate seal, countersigned by
the proper officer in that behalf.
THE GRAND TRUNK PACIFIC RAILWAY COMPANY.
by Charles M. Hays,
President.
Henry Philips,
Secretary.
Signed, Sealed and Delivered
in presence of
D. E. Galloway.
(Seal of the Company.)
Extracts from Minutes of Meeting of the Directors of the Grand Trunk Pacific Railway Company, held in the Directors' Room, No. 503, of the General Offices, MeGill Street, Montreal,
Thursday, August 3rd, 1905, at eleven o'clock a. m., Charles M. Hays, Esq., President, in
the Chair.
An Agreement was submitted between the Company and the Province of British Columbia,
and on motion of Mr. Frank W. Morse, seconded by Mr. Hugh A. Allan, it was
Resolved, That the Agreement dated the third day of August, 1905, between the Grand
Trunk Pacific Railway Company and the Province of British Columbia, providing for the
establishment of the westerm terminus of the National Transcontinental Railway upon the
hereditaments conveyed to the Company by the above recited Indenture, be executed on behalf
of the Company.
(Signed)        Charles M. Hays,
President.
(Signed)        Henry Philips,
Secretary.
(Seal of the Company.)
VICTORIA   B. C:
Printed by RlCHARn Wolfenden, V.D., I.S.O., Printer to the King's Most Excellent Majesty.
1906.

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