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Exchange of Notes (March 31 and June 8, 1955) between Canada and the United States of America amending the Exchanges of Notes of November 4 and 8, 1952, and May 1 and July 31, 1953, for the Establishment of United States Global Communications Facilities in Newfoundland [1955] CATSer 9 (8 June 1955)

E104758 - CTS 1955 No. 9

EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA AMENDING THE EXCHANGES OF NOTES OF NOVEMBER 4 AND 8, 1952, AND MAY 1 AND JULY 31, 1953, FOR THE ESTABLISHMENT OF UNITED STATES GLOBAL COMMUNICATIONS FACILITIES IN NEWFOUNDLAND

I

The Ambassador of the United States of America to the Secretary of State for External Affairs

THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA

No. 192

The Ambassador of the United States of America presents his compliments to the Secretary of State for External Affairs and has the honor to refer to the Notes dated November 4 and November 8, 1952, and May 1 and July 31, 1953 regarding communication facilities in the vicinity of Stephenville, Newfoundland, which were exchanged by the Embassy and the Department of External Affairs.

The Department of External Affairs subsequently called attention to the fact that the revised descriptions of Areas No. 1 and No. 2, which were enclosed with the Embassy's Note of May 1, 1953 were incorrect and submitted to the Embassy new revised descriptions of these areas. These descriptions, copies of which are attached for purposes of record, have been reviewed and found correct by the appropriate United States authorities.

Consequently, the Ambassador proposes that the present Note and Mr. Pearson's anticipated reply be considered an Amendment to the Agreement effected by the above-mentioned Exchanges of Notes.

Enclosures:

1. Description of Area 1;

2. Description of Area 2.

United States Embassy,
OTTAWA, March 31, 1955.

AREA 1

Description by Metes and Bounds:

Starting at a point it being an iron pin planted at the East Side, and on the Transverse Centreline of, Victor's Brook Highway Bridge, at West Bay, Newfoundland.

From thence on a true bearing of S 81E48' W (South eighty-one degrees forty-eight minutes West) a distance of 375.0' (three hundred and seventy-five point zero feet), to the point of commencement.

From thence on a true bearing of S 81E48' W (South eighty-one degrees forty-eight minutes West) a distance of 5485.0' (five thousand four hundred and eighty-five point zero feet).

From thence on a true bearing of S 8E16' E (South eight degrees sixteen minutes east) a distance of 5280.0' (Five thousand two hundred and eighty point zero feet).

From thence on a true bearing of N 81E56' E (North eighty-one degrees fifty-six minutes east) a distance of 5827.6' (five thousand and eight hundred and twenty-seven point six feet).

From thence on a true bearing of N 5E46' W (North five degrees forty-six minutes West) a distance of 1751' (one thousand seven hundred and fifty-one feet), to a point on the West right of way boundary of Highway to Lourdes.

From thence along said right of way boundary in a Northerly direction an approximate distance of 2712' (two thousand seven hundred and twelve feet) to a planted iron bar.

From thence on a true bearing of S 81E48' W (South eighty-one degrees forty-eight minutes West) a distance of 500.5' (five hundred point five feet).

From thence on a true bearing of N 8E12' W (North eight degrees twelve minutes West) a distance of 835.0' (eight hundred and thirty-five point zero feet) to the point of commencement.

Containing 708.6 acres.

AREA 2

Description by Metes and Bounds:

Starting at a point it being the intersection of the centrelines of the Road from West Bay to Stephenville and the Road to Ship Cove.

From thence on a true bearing of S 66E36' W (South sixty-six degrees thirty-six minutes West) a distance of 73.3' (seventy-three point three feet) to an iron pin situated at the intersection of the Southern Right of Way Boundary of the Road to West Bay and the Northern Right of Way Boundary of the Road to Ship Cove.

From thence on a true bearing of S 30E48' W (South thirty degrees forty-eight minutes West) a distance of 330.6' (three hundred and thirty point six feet).

From thence on a true bearing of S 63E35' W (South sixty-three degrees thirty-five minutes West) a distance of 901.6' (nine hundred and one point six feet).

From thence on a true bearing of S 68E50' W (South sixty-eight degrees fifty minutes West) a distance of 317.8' (three hundred and seventeen point eight feet).

From thence on a true bearing of S 15E04' E (South fifteen degrees zero four minutes East) a distance of 20.1' (twenty point one feet) to the point of commencement.

From thence on a true bearing of S 15E04' E (South fifteen degrees zero four minutes East) a distance of 2936.2' (two thousand nine hundred and thirty-six point two feet), to a planted iron pin situated on the shoreline approximately three feet back from edge of cliff.

From thence in a general South-Westerly direction along the shoreline of St. Georges Bay an approximate distance of 4777' (four thousand seven hundred and seventy -seven feet) to an iron pin set on edge of cliff.

From thence on a true bearing of N 15E04' W (North fifteen degrees zero four minutes West) a distance of 3542.2' (three thousand five hundred and forty-two point two feet).

From thence on a true bearing of N 74E56' E (North seventy- four degrees fifty-six minutes East) a distance of 160.0' (one hundred and sixty point zero feet).

From thence on a true bearing of N 15E04' W (North fifteen degrees zero four minutes West) a distance of 520. 0' (five hundred and twenty point zero feet) to a planted iron pin on the Southern Right of Way Boundary of the Road to Ship Cove.

From thence along said Right of Way Boundary in an Easterly direction an approximate distance of 3923' (Three thousand nine hundred and twenty-three feet) to the point of commencement.

Containing an Area of 361 acres.

II

The Secretary of State for External Affairs to the Ambassador of the United States of America

DEPARTMENT OF EXTERNAL AFFAIRS

CANADA

No. D-153

The Secretary of State for External Affairs presents his compliments to His Excellency, the Ambassador of the United States of America, and has the honour to refer to the Ambassador's Note No. 192, of March 31, 1955. He wishes to express the thanks of the Canadian Government to the United States authorities for verifying the accuracy of the revised surveys of Areas 1 and 2, respectively the Remote Transmitter and Remote Receiver Sites of the Global Communications facilities near Ernest Harmon Air Force Base, Stephenville, Newfoundland.

2. From information received by the Royal Canadian Air Force, it appears that the unattended Microwave Relay Unit which is a part of these facilities, is not longer to be sited on a small parcel of land in the vicinity of Romaines, but will be located on Indian Head at 48°31'12" N. and 58°30'57" W. The Secretary of State for External Affairs notes this change of the original plans, and wishes to confirm that since the new site is within the boundaries of Ernest Harmon Base, no further action need be initiated by the United States authorities to acquire land.

3. The direct talks authorized between representatives of the United States Air Force and the Department of Transport which were concerned with the two easements (Areas 4 and 5) adjacent to the Receiver Site have been completed successfully. The Secretary of State for External Affairs expects that the easements will shortly be obtained.

4. The Secretary of State for External Affairs agrees to the Ambassador's proposal that this Note and the Ambassador's Note No. 192 of March 31, 1955 should be considered an Amendment to the Agreement affected by the Exchanges of Notes of November 4 and 8, 1952 and May 1 and July 31, 1953.

OTTAWA, June 8, 1955.