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1801 Roeder Ave - savary island committee

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Janine Reimer<br />

May 6, 2010<br />

Page 2 of 4<br />

survey, and located every tree on twenty acres at Beacon Point. Further, preliminary designs by two<br />

architectural firms were also done in preparation for building the family cottage.<br />

After that Partition Agreement was signed, we filed the first application with the Ministry of<br />

Transportation and Highways (MOTH) (the “First Application”) in which David would make 10 acre lots<br />

on his eastern half of D.L. 1375, and my family would keep our half (the western half) “as is”, planning to<br />

build the main cottage on Beacon Point.<br />

After the First Application was filed, we were advised by MOTH that it would not approve the<br />

proposed subdivision into one large parcel (Sahlin’s western half) and the eastern half into Syre’s 10 acre<br />

subdivision of lots if in the future our family ever wanted to divide our portion of D.L. 1375 into smaller<br />

lots. The MOTH wanted the property divided at the same time for the sake of the roads. This forced our<br />

family to participate in a second application, the subdivision of 36 lots on the entire parcel of D.L. 1375.<br />

As a result, a second application was filed with MOTH which provided for the subdivision of our<br />

family’s western half of D.L. 1375 into sixteen 10 acre lots. When the Second Application was filed,<br />

David and I verbally agreed that my family would keep its western half after that subdivision occurred.<br />

The subdivision did not proceed. While we were in the process of costing the work necessary to<br />

comply with the conditions of the subdivision approval and addressing issues related to the subdivision<br />

conditions, David sold his 50% interest to The Nature Trust (TNT). This transfer occurred prior to the<br />

Partition Agreement being implemented. I had no advance notice of this transfer, and I learned of it<br />

through a press release issued by TNT on April 3, 2002.<br />

In the press release, TNT raised a concept that our family would retain some land for a family<br />

compound and sell the balance to them. In June 2002, I met with TNT representatives, where I presented<br />

the first of several preliminary drawing responding to TNT’s concept. At the meeting TNT rejected any<br />

knowledge of or responsibility to the Partition Agreement between David and me.<br />

In May 2003 our family then offered to sell 70 acres of its one-half interest in D.L. 1375 to TNT,<br />

keeping 90 acres including approximately the western quarter of D.L. 1375 and Lots 35 and 36. If that<br />

proposal had been accepted, TNT would have 80.4% of D.L. 1375, 78.4% of the inland relict dune area and<br />

96.1% of shoreline considered by certain persons to be sensitive. That proposal was rejected by TNT. I<br />

was advised by a representative of TNT that they could legally force a sale of D.L. 1375, requiring the<br />

parties to bid against each other and that the ecological importance of the Savary Land was less important<br />

than they originally believed.<br />

Between 2002 and 2005, our family made 3 written proposals where the Sahlin family would<br />

retain some portion of Beacon Point and sell approximately 126 acres to TNT. There were five proposed<br />

cottages with specific sites that underwent review for environmental sensitivity; a $60,000 endowment fund<br />

whose earnings were to be used to eradicate the invasive species of Scotch Broom at Beacon Point, a list of<br />

family imposed environmental protections, and building materials / design requirements. Each of these<br />

proposals was rejected by TNT. TNT rejected any Sahlin ownership or use on the southwest two thirds of<br />

the property, and our proposals to convey portions of D.L. 1375 to TNT. Despite these rejections, we<br />

continued to make proposals in an effort to resolve the ownership amicably.<br />

In July 2005, our family made another proposal with a different configuration in which we would<br />

retain 66 acres and sell 94 acres to TNT. If that proposal was accepted, TNT would have 80.4% of D.L.<br />

1375, 78.4% of the inland dunes, and 72.2% of the shoreline. We structured that offer to address TNT’s<br />

concerns regarding potentially sensitive areas of D.L. 1375 identified by TNT. In this proposal the Sahlin<br />

Family presented a botanist’s review of its favored five sites which suggested one be moved to a different<br />

location. That offer was rejected.<br />

TNT said they would be unable to negotiate as both parties wanted parts of the same land, the<br />

southwest portions including Beacon Point. Therefore, TNT proposed a partition of the property.<br />

In September 2005 TNT made its first proposal for partition. In that proposal, TNT offered that it<br />

keep 193 acres of D.L. 1375 (while our family would keep 145). Our family would keep almost all of the

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