Action on former CP Rail land could finally happen after caveat removals PDF Print
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Written by Trevor Busch   
Thursday, 19 January 2012 15:55

A long-awaited road licence agreement discharging Canadian Pacific Railway (CP) caveats on town-owned properties has finally been drafted after more than four years of negotiation.
At the Jan. 16 meeting, town council voted unanimously to authorize CAO Barb Miller to execute a road licence agreement between CP Rail and the Town of Vauxhall, which will discharge caveats on properties within town boundaries, and located along 1st Avenue.
“It’s taken us four or five years to get to this point with CP Rail, but finally the papers have been executed,” said Mayor Gordon Brown. “We just need to give Barb (CAO Miller) the authority to go ahead and sign it.”
The property in question along 1st Avenue had been purchased several years ago from the M.D. of Taber, and had been once held by CP Rail.
Attached to the titles of these lands were caveats granting CP Rail the right to lay fiber optics along the old rail track, which transects the properties. The caveats had been extremely restrictive, and had virtually rendered the property useless for development.
“Over the past number of years, the M.D. of Taber has worked with the town and mutual lawyers to have the caveats discharged, opening the properties for development,” said Miller, in her written submission to council. “In doing so, a road licence agreement was negotiated between CP Rail and the town.”
Miller noted the road licence agreement will allow for a compromise which will enable CP Rail to proceed with fiber optics development in the town’s utility right of way next to 1st Avenue, should they decide to do so in the future.
In exchange for this consideration, CP Rail will discharge all caveats within town boundaries.  
Coun. Tony Dunphy questioned Miller on when town council could expect to see a full resolution of the matter, once the agreement has been signed.
“It will take a little time for them to be discharged,” said Miller. “It could take a few months.”

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