British Columbia Order in Council — Municipal supplementary letters patent for The Corporation of the District of Coldstream and Regional District of North Okanagan (O.C. 1709/2000)

O.C. 1709/2000

British Columbia — Orders in Council

Order in Council N5.' 1709 , Approved and Ordered Iziaterferefirrzurnar Administrator DEC - 7 2000 ,L,L AN<LA_A_A__ Presiding Member of the Executive Council Minister of Mi PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Executive Council Chambers, Victoria Administrate On the recommendation of the undersigned, the Ileutenentlikevemir, by and with the advice and consent of the Executive Council, orders that 1. Supplementary Letters Patent, in the form attached, be issued for The Corporation of the District of Coldstream. 2. Supplementary Letters Patent, in the form attached, be issued for the Regional District of North a(anagan. (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and

section . Lacal_Gakdrnmant Act sections 21and 26_ Other (specify) . Ib56/0 0 'l3

12ittuteltentimxterapr A d min ls►rator ister of al Affairs CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and I ler Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING. (

WHEREAS pursuant to the ( provisions of

section 776 of the (Local Government Act, the Regional District ( of North Okanagan was incorporated by ( Letters Patent issued on November 9, 1965:

AND

WHEREAS the boundary of The Corporation of the District of Coldstream, hereinafter referred to as "the municipality," is amended by Supplementary Letters Patent for The Corporation of the District of Coldstream, approved and ordered by the Lieutenant Governor in Council and issued concurrently with these Supplementary Letters Patent: AND

WHEREAS in

section 26(6) of the Local Government Act where Supplementary Letters Patent exclude an area from a municipality, that area becomes a rural area of the regional district: NOW KNOW YE THAT by these presents, We do order and proclaim that in respect to the area newly excluded from the municipality by Supplementary Letters Patent for the Corporation of the District of Coldstream issued concurrently with these Supplementary Letters Patent, the following shall apply: CONTINUATION OF MUNICIPAL BYLAWS I.0 Subject to these Supplementary Letters Patent, each bylaw, regulation, contract, restriction, right, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by, the municipality, having application in the area newly excluded from the municipality, shall remain in full force and effect in and for the Regional District of North Okanagan, hereinafter referred to as the "regional district" and each may be amended or repealed by the Board of the regional district in the same manner as if they were passed, made, enacted, entered into or granted by the regional district. 2

1 . 1 The effect of

section 1.0 shall be limited to:

a) Part 26 of the Local Government Act; and

b) Services provided by the regional district at the effective date of the Supplementary Letters Patent for which the entire Electoral Area B is an electoral participating area.

MUNICIPAL ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, permit or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the municipality, in respect to the area newly excluded from the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent, vest in and belong to the regional district on and from the effective date of these Supplementary Letters Patent, in relation to a service as described in

section 1.1 of these Supplementary Letters Patent. TRANSFER OF MUNICIPAL SERVICES TO THE REGIONAL DISTRICT 3.0 The jurisdiction for all services of the municipality, which have application to the area newly excluded from the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent and which are within the jurisdiction of the regional district, in relation to a service as described in

section 1.1 of these Supplementary Letters Patent are hereby 3

transferred to the regional district. 3.1 The area newly excluded from the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent is deemed to be included in the service area for each regional district service for which the entire Electoral Area B is an electoral participating area. REGIONAL DISTRICT ELECTORAL AREA 4.0 The area excluded from the municipality by these Supplementary Letters Patent shall, as and from the effective date of these Supplementary Letters Patent, be included within Electoral Area B of the regional district.

EFFECTIVE DATE 5.0 These Supplementary Letters Patent are effective on the date approved and ordered by the Lieutenant Governor in Council. 4

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. 0110A (AcCfekiegi3 WITNESS, the Honourable Gapilo41.-Gardom,.Q.C.,Uoutanatt4gamigr of Our said adatin istratol Columbia, in Our City of Victoria, in Our said Province, this T 441 day of year of Our Lord two thousand and in the forty-ninth year of Our Reign. Province of British Decen,toei , in the By Command. Attorney General 11

GREETING. of Municipal Affairs L 1.2witgfii Adminisnaro ► r CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come- (

WHEREAS by sections 21 and 26 of ( the Local Government Act it is provided the ( Lieutenant Governor in Council ( may, by Supplementary Letters Patent, ( amend the area of a municipality ( under the conditions therein ( set out:

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of The Corporation of the District of Coldstream praying that the area of the municipality be reduced by the exclusion of all and singular those certain parcels or tracts of land situate, lying and being as follows: Firstly: Commencing at the southwest corner of Lot 32 of Lot 55, Osoyoos Division of Yale Land District, Registered Plan 20694, on file in the Kamloops Land Title Office, said point being on the natural high water mark of Kalamalka Lake, on the easterly shore thereof; thence westerly in a straight line and in a direction perpendicular to the general direction of said high water mark for a distance of 304.8 metres; thence in a general southwesterly and southeasterly direction 304.8 metres perpendicularly distant from, and parallel to, said natural high water mark of Kalamalka Lake, on the southeasterly and northeasterly shores thereof, to a point 304.8 metres distant from the most westerly northwest corner of Legal Subdivision 16,

Section 3, Township 9; thence southeasterly in a straight line to the said most westerly northwest corner of Legal Subdivision 16,

Section 3, Township 9; thence southerly along the westerly boundary of said Legal Subdivision 16,

Section 3, Township 9, to the southwest corner thereof; thence easterly along the southerly boundaries of Legal Subdivision 16 of

Section 3 and Legal Subdivisions 13, 14 and 15 of

Section 2 of said Township 9, to the southeast corner of said Legal Subdivision 15; thence northerly along the easterly boundary of said Legal Subdivision 15,

Section 2 to the northeast corner thereof; thence easterly along the southerly boundary of Lot 55 to the most easterly southeast corner of Kalamalka Lake Provincial Park, as defined in

Schedule C of

Chapter 344 of the Park Act, dated December 31, 1996; thence in a general northerly, westerly, southwesterly and westerly direction along the easterly, northerly, northwesterly and northerly 2

boundaries of said Kalamalka Lake Provincial Park to the aforesaid southwest corner of Lot 32 of Lot 55, Plan 20694, being the point of commencement and containing by admeasurement 807.01 hectares of land, more or less and 144.41 hectares of land and foreshore, covered by water, more or less.

Secondly: Commencing at the southwest corner of Lot 21B, Osoyoos Division of Yale Land District, Registered Plan 548, on file in the Kamloops Land Title Office and being a point on the northerly limit of Reid Road; thence easterly along the southerly boundaries of Lot 21B of Lot 13, Plan 548 and Lot 2 of Lots 13 and 433, Registered Plan 27329, to the point of intersection with the easterly boundary of Lot 13; thence southerly and westerly along the easterly and southerly boundaries of said Lot 13 to a point due south of the southwest corner of Lot 21 B of Lot 13, Plan 548; thence due north to said southwest corner of Lot 21B, Plan 548, being the point of commencement and containing by admeasurement 0.24 hectares of land, more or less: AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of The Corporation of the District of Coldstream praying that the area of the municipality be redefined by the inclusion therein of all and singular those certain parcels or tracts of land situate, lying and being as follows: Commencing at the northwest corner of Lot 1 of Lot 435, Osoyoos Division of Yale Land District, Registered Plan 23860, on file in the Kamloops Land Title Office and being a point on the southerly limit of Reid Road; thence easterly along the northerly boundaries of Lots 1 and 2 of Lot 435, Plan 23860 and the Remainder of the Northwest Quarter of Lot 435 to a point due south of the 3

southwest corner of Lot 21B of Lot 13, Registered Plan 548; thence due north to the point of intersection with the southerly boundary of Lot 13; thence westerly along the southerly boundary of said Lot 13 to a point due north of the northwest corner of Lot 1 of Lot 435, Plan 23860; thence due south to said northwest corner of Lot 1, Plan 23860, being the point of commencement and containing by admeasurement 0.38 hectares of land, more or less: AND

WHEREAS the conditions and requirements of the said sections 21 and 26 of the Local Government Act have been duly complied with: NOW KNOW YE THAT by these presents We do order and proclaim that the area of The Corporation of the District of Coldstream be amended by the exclusion and extension of the lands hereinbefore described and that on, from and after the date of these Supplementary Letters Patent, the boundary of The Corporation of the District of Coldstream be defined as follows: Commencing at the northwest corner of

Section 30, Township 6, Osoyoos Division of Yale Land District; thence southerly along the westerly boundary of said

Section 30, Township 6, to the northeast corner of the South Half of

Section 25, Township 9; thence westerly along the northerly boundary of said South Half of

Section 25, Township 9, to the most westerly corner of Lot 100 of

Section 25, Township 9, as shown on Registered Plan 710A on file in the Land Title Office, Kamloops; thence westerly in a straight line to the southeast corner of Lot 4 of

Section 26, Township 9, Registered Plan 7010; thence in a general northwesterly and southwesterly direction along the northeasterly and northwesterly boundaries of said Lot 4, Plan 7010, to the southwest corner thereof, being a point on 4

the northerly boundary of the Southeast Quarter of said

Section 26, Township 9; thence westerly and southerly along the northerly and westerly boundaries of said Southeast Quarter of

Section 26, Township 9, to the southwest corner thereof; thence westerly along the southerly boundaries of Sections 26 and 27 of said Township 9 to the northwest corner of Lot 23 of

Section 22, Township 9, Registered Plan 455; thence southerly along the westerly boundary of said Lot 23, Plan 455, to the northeast corner of Lot 22 of

Section 22, Township 9 of said Plan 455; thence westerly along the northerly boundaries of Lots 22, 21 and 20 of

Section 22, Township 9 of said Plan 455 to the northwest corner of said Lot 20, Plan 455; thence southerly along the westerly boundary of Lot 20 of

Section 22, Township 9, Plan 455 to the northeast corner of Lot 4 of

Section 22, Township 9, Registered Plan 1961; thence westerly along the northerly boundary of said Lot 4, Plan 1961 and continuing westerly along the westerly prolongation of said northerly boundary to the point of intersection with the westerly limit of Highway 97, as shown on Registered Plan H282; thence southerly along said westerly limit of Highway 97, Plan H282, to the point of intersection with the westerly boundary of Lot 4, Plan 1961; thence southerly along the westerly boundaries of Lots 4 and 5, Plan 1961, to the most westerly corner of said Lot 5, Plan 1961; thence S.17°43E. 5.919 chains and S.25 "25W. 3.932 chains, more or less, along the westerly boundary of Lot 6 of Sections 21 and 22, Township 9 of said Plan 1961 to a post; thence southwesterly in a straight line to the most northerly corner of Lot 2 of Sections 21 and 22, Township 9 of said Plan 1961; thence southwesterly and southerly along the northwesterly and westerly boundaries of said Lot 2, Plan 1961, to the southwest corner thereof; thence westerly along the northerly boundary of

Section 16, Township 9, to the point of intersection with the westerly limit of Highway 97 as shown on Registered Plan 31490; thence southerly and easterly along the westerly and southerly limits of Highway 97 as shown on Plan 31490 to the most 5

southerly southwest corner of Lot A of

Section 16, Township 9, Plan 31490; thence southeasterly along the southwesterly boundary of said Lot A, Plan 31490, to the most westerly corner of that part of

Section 16, Township 9, shown on Registered Plan DD25137 (Canadian National Railway Right of Way); thence southeasterly, northeasterly, southeasterly, easterly and northeasterly along the southwesterly, southeasterly, southwesterly, southerly and southeasterly boundaries of said Plan DD25137 to the southeast corner thereof, and being a point on the westerly boundary of

Section 15, Township 9; thence southerly along the westerly boundary of said

Section 15, Township 9, to the southwest corner of Lot 5 of

Section 15, Township 9, Plan 455, being a point on the natural high water mark of Kalamalka (Long) Lake, on the northwesterly shore thereof; thence southeasterly in a straight line and in a direction perpendicular to the general direction of said high water mark of Kalamalka Lake, at this point for a distance of 304.8 metres; thence in a general northerly, easterly and southerly direction 304.8 metres perpendicularly distant from, and parallel to, said high water mark of Kalamalka Lake, on the westerly, northerly and easterly shores thereof, to a point 304.8 metres distant westerly from the southwest corner of Lot 32 of Lot 55, Registered Plan 20694, said point being in a westerly direction, perpendicular to the general direction of said high water mark of Kalamalka Lake, on the easterly shore thereof; thence easterly in a straight line to the said southwest corner of Lot 32, Plan 20694, said point being a northwest corner of Kalamalka Lake Provincial Park, as defined in

Schedule C of

Chapter 344 of the Park Act, dated December 31, 1996; thence in a general easterly. northeasterly, easterly and southerly direction along the northerly, northwesterly, northerly and easterly boundaries of said Kalamalka Lake Provincial Park, to the most easterly southeast corner thereof and being a point on the southerly boundary of Lot 55; thence easterly along the southerly boundaries of said Lot 55 and

Section 12, Township 9 to the southeast corner of said

Section 12; thence northerly 6

along the easterly boundary of said

Section 12, Township 9, to the southeast corner of Legal Subdivision 8,

Section 12; thence easterly along the southerly boundaries of Legal Subdivisions 5 and 6 of

Section 7 of aforesaid Township 6 to the southeast corner of said Legal Subdivision 6; thence northerly along the easterly boundary of said Legal Subdivision 6,

Section 7, to the northeast corner thereof; thence easterly along the southerly boundary of the Northeast Quarter of said

Section 7 to the southeast corner thereof; thence southerly, easterly and northerly along the westerly, southerly and easterly boundaries of the Southwest Quarter of

Section 8 of said Township 6 to the northeast corner thereof; thence easterly along the southerly boundaries of the North Halves of Sections 8 and 9 of said Township 6 to the northwest corner of the East Half of the Southeast Quarter of said

Section 9; thence southerly and eas—ly along the westerly and southerly boundaries of said East Half of the Southeast Quarter of

Section 9 to the southeast corner thereof; thence northerly along the easterly boundary of said

Section 9 to the northeast corner thereof; thence easterly along the southerly boundaries of Sections 15 and 14 of said Township 6 to the southeast corner of the Southwest Quarter of said

Section 14; thence northerly along the easterly boundary of said Southwest Quarter of

Section 14 to the southwest corner of Legal Subdivision 7 of said

Section 14; thence easterly and northerly along the southerly and easterly boundaries of said Legal Subdivision 7,

Section 14, Township 6 to the northeast corner thereof; thence easterly along the southerly boundaries of the North Halves of Sections 14 and 13 of said Township 6 to the southeast corner of said North Half of

Section 13; thence northerly along the easterly boundary of said

Section 13 to the northwest corner of Lot 1 of Lot 435, Registered Plan 23860, being a point on the southerly limit of Reid Road; thence easterly along the northerly boundaries of Lots 1 and 2 of Lot 435, Plan 23860 and the Remainder of the Northwest Quarter of Lot 435 to a point due south of the southwest corner of Lot 21B of Lot 13, Registered Plan 548; thence due north 7

to said southwest corner of Lot 2113, Plan 548, being a point on the northerly limit of Reid Road; thence easterly along the southerly boundaries of Lot 21B of Lot 13, Plan 548 and Lot 2 of Lots 13 and 433, Registered Plan 27329, to the point of intersection with the easterly boundary of Lot 13; thence northerly along the easterly boundary of said Lot 13 to the point of intersection with the southeasterly boundary of Lot 19 of Lots 13 and 433, Plan 548; thence northeasterly along said southeasterly boundary of Lot 19, Plan 548, to the most easterly corner thereof, thence northwesterly along the northeasterly boundaries of Lots 19 and 85 of Lots 13 and 433 of Plan 548 to the aforesaid easterly boundary of Lot 13; thence northerly along said easterly boundary of Lot 13 to the northeast corner thereof; thence northerly along the easterly boundary of Lot 87 to the southerly limit of the Canadian National Railway right-of-way as shown on Registered Plan A380; thence in a northeasterly direction along said southerly limit as shown on Plan A380 to the southerly boundary of Lot 142 of Lot 87, Registered Plan 641, being a point on the southerly boundary of said Lot 87; thence easterly and northerly along the southerly and easterly boundaries of said Lot 87 to the most easterly northeast coiner thereof; thence easterly, northerly, westerly and southerly along the southerly, easterly, northerly and westerly boundaries of Lot 373 to the northeast corner of the South Half of the Northwest Quarter of

Section 30, Township 3; thence westerly along the northerly boundary of said South Half of the Northwest Quarter of

Section 30 to the easterly boundary of Lot 1 of

Section 30, Township 3, Registereu Plan 5970; thence northerly, westerly and southerly along the easterly, northerly and westerly boundaries of said Lot 1, Plan 5970, to the aforesaid northerly boundary of the South Half of the Northwest Quarter of

Section 30, Township 3; thence westerly along said northerly boundary of the South Half of the Northwest Quarter of

Section 30 to the northwest corner thereof; thence northerly, westerly and southerly along the easterly, northerly and westerly boundaries of the Northeast 8

Quarter of

Section 25 of aforesaid Township 6 to the southwest corner thereof; thence westerly along the northerly boundary of the Southwest Quarter of said

Section 25 to the northwest corner thereof; thence northerly along the easterly boundary of

Section 26 of said Township 6 to the northeast corner thereof; thence westerly along the northerly boundaries of Sections 26 and 27 of said Township 6 to the northwest corner of the Northeast Quarter of said

Section 27; thence southerly along the westerly boundary of said Northeast Quarter of

Section 27 to the southwest corner thereof; thence westerly along the northerly boundaries of the South Halves of Sections 27 and 28 of said Township 6 to the northwest corner of said South Half of

Section 28; thence northerly along the easterly boundary of

Section 29 of said Township 6 to the northeast corner thereof; thence westerly along the northerly boundaries of Sections 29 and 30 of said Township 6 to the northwest corner of said

Section 30, Township 6 being the point of commencement, and containing by admeasurement 6,571.14 hectares of land, more or less, and 132.00 hectares of foreshore and land covered by water, more or less: AND THAT the Letters Patent of The Corporation of the District of Coldstream, hereinafter referred to as "the municipality" be deemed to be amended so as to conform to the premises as and from the date of these Supplementary Letters Patent subject to the provisions hereinafter contained or referred to: MUNICIPAL ASSETS AND LIABILITIES 1.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, 9

covenant, or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the municipality, in respect to the area newly excluded from the municipality by these Supplementary Letters Patent, vest in and belong to the Regional District of North Okanagan, hereinafter referred to as "the regional district" on and from the effective date of these Supplementary Letters Patent.

TRANSFER OF SERVICES 2.0 The jurisdiction for all services of the municipality which have application to the area newly excluded from the municipality by these Supplementary Letters Patent and which are within the jurisdiction of the regional district, are hereby transferred to the regional district. EFFECTIVE DATE 3.0 These Supplementary Letters Patent are effective on the date approved and ordered by the Lieutenant Governor in Council. 10

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. Mckr% eaCe-Aci,Qt—i WITNESS, the Honourable-entrcle-&-Ge144394, Q.C., Lieutenant Governor of Our said 4k Province of British Columbia, in Our City of Victoria, in Our said Province, this- 1day of Ircek Nice_ , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 5

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1709/2000
Type	order_in_council
Volume / chapter	arc oic 1709 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	082c0d34d2ca2e19e926700b8889b199669c9cda

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