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Kingsburg Beach Designation

made under subsection 5(1) of the

Beaches Act

R.S.N.S. 1989, c. 32

O.I.C. 93-253 (March 9, 1993), N.S. Reg. 52/93

O.I.C. 95-17 (January 3, 1995), N.S. Reg. 5/95

as amended to O.I.C. 95-572 (July 25, 1995), N.S. Reg. 114/95

Order approved by O.I.C. 93-253

The Governor in Council on the report and recommendation of the Minister of Natural

Resources dated the 3rd day of March, A.D., 1993, pursuant to

Section 5(1) of

Chapter 32 of

the Revised Statutes of Nova Scotia, 1989, the Beaches Act , is pleased to designate as a beach,

two areas of land, lying landward from the mean high watermark of Kingsburg Beach,

Kingsburg, in the County of Lunenburg, as described in

Schedule “A” and shown outlined in

bold line on the copy of Provincial Crown Lands Record Centre Plan No. E-15-38 marked

Schedule “B”, both Schedules attached to and forming part of the report and recommendation.

Schedule “A”

All those certain lots, pieces, or parcels of land situate, lying and being at Kingsburg, in the

County of Lunenburg, Province of Nova Scotia, and being Lot “1” and Lot “2” shown on a

plan of survey C.L.R. No. E-15-38 (Field Plot No. P-007/93) signed on the 15th day of

February, 1993 A.D. by Bruce E. Turner, Nova Scotia Land Surveyor, and filed in the

Provincial Crown Lands Record Centre, Dartmouth, the said parcels of land being more

particularly described as follows:

Lot “1”

Beginning at a rock post (hereinafter being an iron bar and aluminum cap set in rock) marked

L992 at the mean highwatermark of Kings Bay;

Thence (from the place of beginning) S 60° 52' 28" W (by grid bearings derived from

astronomic observations of the sun and referenced to the Nova Scotia 3° Modified Transverse

Mercator Projection, Zone 5, central meridian 64° 30' west longitude), a distance of 38.181

metres to a survey marker (hereinafter being a set iron bar and aluminum cap) with aluminum

tag No. L2067;

Thence S 81° 54' 13" W, a distance of 225.340 metres to a survey marker No. L2057 at the

mean high watermark of Dry Spitz Pond;

Thence following the mean high watermarker of said Dry Spitz Pond an approximate distance

of 377 metres to a survey marker No. L2058;

Thence N 46° 23' 35" W, a distance of 715.300 metres to a survey marker No. L2059;

Thence N 66° 55' 18" E, an approximate distance of 6 metres to the mean high watermark of

Kingsburg Pond;

Thence following the mean high watermark of said Kingsburg Pond an approximate distance

of 776 metres to an unmonumented point;

Thence S 86° 45' 38" E, an approximate distance of 7.1 metres to a survey marker with

aluminum tag No. L2060 being situate N 66° 55' 18" E, a distance of 469.048 metres from said

survey marker No. L2059;

Thence S 86° 45' 38" E, a distance of 50.834 metres to a survey marker with aluminum tag No.

L2061;

Thence N 67° 14' 38" E, a distance of 20.472 metres to a survey marker with aluminum tag No.

L2062;

Thence S 87° 53' 32" E, a distance of 37.392 metres to a survey marker No. L2063;

Thence N 23° 22' 07" E, a distance of 159.272 metres to a survey marker No. L2064;

Thence N 02° 29' 54" E, a distance of 123.273 metres to a survey marker No. L2065;

Thence N 48° 21' 36" E, a distance of 111.878 metres to a rock post No. L2066 at the mean

high watermark of said Kings Bay;

Thence following the mean high watermark of said Kings Bay an approximate distance of

1219 metres to the place of beginning being situate S 18 30' 43" E, a distance of 1094.272

metres from said rock post No. L2066.

Said Lot “1” having an area of 31.6 hectares more or less.

Lot “2”

Beginning at a rock post No. L2056 at the mean high watermark of Hartling Bay being situate

S 40° 18' 23" W, a distance of 330.516 metres from said rock post No. L992 described in Lot

“1”;

Thence following the mean high watermark of said Hartling Bay an approximate distance of

186 metres to an unmonumented point;

Thence N 29° 45' 04" E, an approximate distance of 10.8 metres to a survey marker No. L2052

being situate N 73°15' 29" W, a distance of 181.212 metres from said rock post No. L2056;

Thence N 29° 45' 04" E, a distance of 25.621 metres to a survey marker No. L2053;

Thence N 29° 45' 04" E, an approximate distance of 2.6 metres to the mean high watermark of

Dry Spitz Pond;

Thence following the mean high watermark of said Dry Spitz Pond an approximate distance of

92 metres to an unmonumented point;

Thence S 61° 45' 07" E, an approximate distance of 1.5 metres to a survey marker No. L2054

being situate N 84° 29' 11" E, a distance of 80.367 metres from said survey marker No. L2053;

Thence S 61° 45' 07" E, a distance of 93.151 metres to a survey marker No. L2055;

Thence S 01° 51' 31" W, a distance of 38.099 metres to the place of beginning.

Said Lot “2” having an area of 0.66 hectares more or less.

Excluding therefrom the dwellings constructed and inhabited as of the date of

designation and permitted additions contained within the designated area and more

particularly contained within the lands of Doone Massie as described in a deed

registered at Book 500 page 1034 and within the lands of LaMont and Carol Ann

Mosher as described in a deed registered at Book 204 Page 804. both deeds registered

at the Registry of Deeds for the County of Lunenburg.

Schedule “A” replaced: O.I.C. 95-17, N.S. Reg. 5/95.

Schedule “B”

[Note: The map referred to as

Schedule “B” was not filed with the Office of the Registrar of Regulations.]

Order approved by O.I.C. 95-572

The Governor in Council on the report and recommendation of the Acting Minister of Natural

Resources dated July 6, 1995, pursuant to subsection 5(1) of

Chapter 32 of the Revised Statutes

of Nova Scotia, 1989, the Beaches Act , is pleased to:

(

a) confirm Order in Council 93-253, dated March 9, 1993, respecting the

designation as a beach within the meaning of the Beaches Act of the area of

land described in

Schedule “A” and shown on

Schedule “B”, which schedules

are attached to and form part of the report and recommendation supporting said

Order in Council 93-253;

(

b) confirm Order in Council 95-17, dated January 3, 1995 respecting the

exclusion of two existing dwellings within the designated area and confirm the

land management agreements entered into between the Province and the

owners of the excluded dwellings respecting lands within the designated area;

(

c) permit any person, who as of March 9, 1993 was in possession of valid

municipal and health permits permitting the construction of a single family

dwelling within the designated area, to construct such dwellings, subject to

such persons carrying out construction under strict conditions as determined by

the Minister and subject to such persons entering into land management

agreements respecting the lands surrounding the dwellings, and to exclude

from the designated area the footprint of any dwelling constructed in

accordance with this paragraph.