British Columbia Order in Council — Order under Local Government SLP issued for the Town of Qualicum Beach (O.C. 759/2001)

O.C. 759/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. P„; 3 , Approved and Ordered AUG 9 2001 4-/ thltiterrartt=aVior Administrator Executive Council Chambers, Victoria On the recommendation of the undersigned, the tiscatenartems=r, by and with the advice and consent of the Executive Council, orders that drnin iAtratott 1. Supplementary Letters Patent, in the form attached, be issued for the Town of Qualicum Beach. 2. Supplementary Letters Patent, in the form attached, be issued for the Regional District of Nanaimo. 2-A fit,61)-- L. • • 416. Minister of Community, Aboriginal and Women's Services :Ling :tuber of the Executive Council (This

part is for administrative purposes only and is t part of the Order.) Authority under which Order is made: Act and section: Local Government Act, Sections 20 and 782 Other (specify): (OP 4033) DK-1112 C• 13.

CANADA A chninistratur PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territo ►ies, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come- GREETING. Jzzn-252- Minister of Community, Aboriginal and Women's Services (

WHEREAS by

section 20 of the ( Local Government Act it is provided the ( Lieutenant Governor in Council ( may, by Supplementary Letters Patent, ( extend the area of a municipality ( under the conditions therein ( set out:

AND

WHEREAS a petition has been received by the Minister of Community, Aboriginal and Women's Services from the Council of the Town of Qualicum Beach praying that the area of the municipality be extended to include all and singular those certain parcels or tracts of land situate, lying and being as follows: Firstly: Commencing at the southwest corner of Lot 3, Block 17, of Lot 78, Nanoosc Land District, Registered Plan 1694, on file in the Land Title Office, Victoria; thence easterly and northerly along the southerly and easterly boundaries of said Lot 3, Plan 1694, to the northeast comer thereof; thence easterly along the southerly boundaries of Lots 2, 11 and 10 of Block 17 of Lot 78, Plan 1694 to the southeast corner of said Lot 10, Plan 1694; thence nonherly along the easterly boundary of Imt 10, Block 17 of 1.01 78, Plan 1694 and continuing northerly along the northerly prolongation of the easterly boundary of said Lot 10, Plan 1694, to the point of intersection with the southerly boundary of I.ot 2 of Lot 78, Registered Plan 45419; thence westerly, northerly and southeasterly along the southerly, westerly and northeasterly boundaries of said Lot 2, Plan 45419 to the most easterly corner thereof, being a point on the southwesterly limit of Esquimalt and Nanairno Railway right of way, Registered Plan 879 U.S.; thence southeasterly along the said southwesterly limit of Esquimalt and Nanaimo Railway right of way, Plan 879 O.S. to the northwest corner of the Remainder of Lot I of Lot 88, Registered Plan 36740; thence southerly and easterly along the westerly and southerly boundaries of said Remainder of Lot I, Plan 36740 to the southeast corner thereof; thence easterly along the southerly boundary of Lot A of Lot 88, Registered Plan 43322 to the southeast corner thereof; thence southerly along the westerly boundary of Lot 2 of Lot 88, Plan 36740 to the southwest corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lot 2

124 to the point of intersection with the westerly prolongation of the southerly boundary of Lot 2 of Lot 27, Registered Plan 1300; thence easterly along the said westerly prolongation and continuing easterly along the southerly boundary of Lot 2, Plan 1300, to the southeast corner thereof; thence northerly, easterly, southwesterly and northerly along the westerly, northerly, southeasterly and westerly boundaries of Lot 1 of Lots 26,27 and 116, Registered Plan V1P65344 to the most westerly northwest corner thereof and being a point on the southerly boundary of Lot 124; thence westerly along the southerly boundary of said Lot 124 to the point of intersection with the easterly limit of Bennett Road right of way, as shown on Registered Plan 42657; thence northerly along the easterly limit of said Bennett Road right of way, Plan 42657 to the point of intersection with the easterly prolongation of the southerly boundary of Lot 6 of Block I 7, Lot 78, Plan 1694; thence westerly along the said easterly prolongation of the southerly boundary of said Lot 6, Plan 1694 and continuing westerly along the southerly boundaries of Lots 6 and 5 of Block 17, Lot 78, Plan 1694 to the point of intersection with the southeasterly limit of Rupert Road right of way, which bisects Lot 5 of Block 17, Lot 78, Plan 1694; thence southwesterly in a straight line to the northeast corner of Lot 9 of Lot 78, Registered Plan 21 199; thence westerly along the northerly boundaries of Lots 9,8 and 7 of Lot 78, Plan 21199 to the northwest corner of said Lot 7, Plan 21199; thence westerly in a straight line to the northeast corner of Lot 6 of Lot 78, Plan 21199; thence westerly along the northerly boundaries of Lots 6, 5, 4 and 3 of Lot 78, Plan 21199 to the northwest corner of said Lot 3, Plan 21199; thence westerly in a straight line to the northeast corner of Lot 2 of Lot 78, Plan 21199; thence westerly along the northerly boundaries of Lots 2 and 1 of Lot 78, Plan 21199 to the northwest corner of said Lot 1, Plan 2 1199 being a point on the easterly limit of Hollywood Road right of way; thence northerly in straight line to the aforesaid southwest corner of Lot 3 of Block 17, Lot 78,

Plan 1694, being the point of commencement, and containing by admeasurement 94.40 hectares of land, more or less.

Secondly: Commencing at the most northerly northeast corner of Lot 11 of Lot 78, Newcastle Land District, Registered Plan 2212, on file in the Land Title Office, Victoria; thence easterly along the southerly boundary of Lot 10 to the northeast corner of the Remainder of Lot 1 of Lot 78, Plan 2212; thence southerly along the easterly boundary of said Lot 10, Plan 2212 to the southeast corner thereof; thence southerly in a straight line to the northeast corner of Lot 9 of Lot 78, Plan 2212, being a point on the southerly limit of Esquimalt and Nanaimo Railway Right of Way, as shown on Registered Plan 879 C.S.; thence westerly along the southerly limit of said Esquimalt and Nanaimo Railway Right of Way, Plan 879 0.S., to the point of intersection with the southerly prolongation of the easterly boundary of Lot 11 of Lot 78, Registered Plan 2212; thence northerly along said southerly prolongation to the most southerly southeast corner of Lot II of Lot 78, Plan 2212; thence northerly along the easterly boundary of said Lot I I, Plan 2212 to the point of intersection with the southerly limit of Island Highway Right of Way, gazetted on October 31, 1950 (Plan RS34-29); thence due north to the southeast corner of that part of Lot 11 of Lot 78, Plan 2212, lying to the north of Island Highway Right of Way; thence northerly along the easterly boundary of said Lot 11, Plan 2212 to the aforesaid most northerly northeast corner thereof, being the point of commencement, and containing by admeasurement 4.70 hectares of land, more or less.

AND

WHEREAS the conditions and requirements of the said

section 20 of the Local Govenzment Act have been duly complied with: 4

NOW KNOW YE THAT by these presents We do order and proclaim that the area of the Town of Qualicum Beach be extended by the inclusion therein of the lands hereinbefore described and that on, from and after the date of these Supplementary Letters Patent, the boundary of the Town of Qualicum Beach be defined as follows: Commencing at the northeast corner of Lot 1 of Lot 49, Nanoose Land District, as shown on Registered Plan D.D.

EC 24939, on file in the Land Title Office, Victoria, and being a point on the natural high water mark of Qualicurn Beach, on the southerly shore thereof; thence southerly along the easterly boundary of said Lot 1, Plan D.D.

EC 24939 and continuing southerly along the southerly prolongation thereof to the southwest corner of the Remainder of Lot A of Lot 49, Registered Plan 23581, being a point on the northerly limit of Pintail Drive; thence easterly along the southerly boundary of said Remainder of Lot A, Plan 23581 to the point of intersection with the northerly prolongation of the westerly boundary of Lot I of Lot 49, Registered Plan 43211; thence southerly along said prolongation and continuing southerly along the westerly boundary of Lot 1 of Lot 49, Plan 43211 to the southwest corner thereof; thence easterly along the southerly boundaries of Lots 1 and 2 of Lot 49, Plan 43211 to the southeast corner of said Lot 2, Plan 43211; thence southerly along the easterly boundary of Lot 2 of Lot 49, Registered Plan 50575 to the northeast corner of Lot 1 of Lot 49, Registered Plan 34699; thence westerly and southerly along the northerly and westerly boundaries of said Lot 1, Plan 34699 to the southwest corner thereof; thence southerly along the southerly prolongation of the westerly boundary of Lot 1 of Lot 49, Plan 34699 to the point of intersection with the northeasterly boundary of Lot 53 of Lot 49, Registered Plan 29438; thence northwesterly along the northeasterly boundary of said Lot 53, Plan 29438 to the northwest corner thereof; thence 5

northwesterly in a straight line to the northeast corner of Lot 4 of Lot 88, Registered Plan 1286 and as shown on Registered Plan 814 R.W., Island Highway; thence northwesterly along the southwesterly limit of said Island Highway as shown on Plan 814 R.W. to the most easterly corner of Lot 1 of Lot 88, Registered Plan 33197; thence northwesterly along the northeasterly boundary of said Lot 1, Plan 33197 to the most northerly corner thereof; thence northwesterly in a straight line to the northeast corner of Lot A of Block 15 of Lot 78, Registered Plan VIP67310; thence southerly, westerly and northerly along the easterly, southerly and westerly boundaries of said Lot A, Plan VIP67310 to the northwest corner thereof; thence northerly along the easterly boundary of Lot 2 of Lot 78, Registered Plan 46718 to the northeast corner thereof; thence westerly along the northerly boundaries of Lots 2 and 1 of Lot 78, Plan 4671 8 to the northwest corner of said Lot 1, Plan 46718; thence westerly along the southerly limit of QuaIleum 13y-Pass as shown on Registered Plan 1300 R.W. to the northwest coiner of Lot A of Lot 78, Registered Plan 43375, being the easterly limit of I lollywood Road right of way; thence southerly along said easterly limit of I lollywood Road right of way, as shown on Plan 1694, to the southwest corner of Lot 3, Block 17, of Lot 78, Plan 1694; thence easterly and northerly along the southerly and easterly boundaries of said Lot 3, Plan 1694, to the northeast corner thereof; thence easterly along the southerly boundaries of Lots 2, 11 and 10 of Block 17 of Lot 78, Plan 1694 to the southeast corner of said Lot 10, Plan 1694; thence northerly along the easterly boundary of Lot 10, Block 17 of Lot 78, Plan 1694 and continuing northerly along the northerly prolongation of the easterly boundary of said Lot 10, Plan 1694, to the point of intersection with the southerly boundary of Lot 2 of Lot 78, Registered Plan 45419; thence westerly, northerly and southeasterly along the southerly, westerly and northeasterly boundaries of said Lot 2, Plan 45419 to the most easterly corner thereof, being a point on the southwesterly limit of Esquimalt and Nanalmo Railway right 6

of way, Registered Plan 879 O.S.; thence southeasterly along the said southwesterly limit of Esquimalt and Nanaimo Railway right of way, Plan 879 O.S. to the northwest corner of the Remainder of Lot 1 of Lot 88, Registered Plan 36740; thence southerly and easterly along the westerly and southerly boundaries of said Remainder of Lot I, Plan 36740 to the southeast corner thereof; thence easterly along the southerly boundary of Lot A of Lot 88, Registered Plan 43322 to the southeast corner thereof; thence southerly along the westerly boundary of Lot 2 of Lot 88, Plan 36740 to the southwest corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lot 124 to the point of intersection with the westerly prolongation of the southerly boundary of Lot 2 of Lot 27, Registered Plan 1300; thence easterly along the said westerly prolongation and continuing easterly along the southerly boundary of Lot 2, Plan 1300, to the southeast corner thereof; thence northerly, easterly, southwesterly and northerly along the westerly, northerly, southeasterly and westerly boundaries of Lot I of Lots 26, 27 and 116, Registered Plan V1P65344 to the most westerly northwest corner thereof and being a point on the southerly boundary of Lot 124; thence westerly along the southerly boundary of said Lot 124 to the point of intersection with the easterly limit of Bennett Road right of way, as shown on Registered Plan 42657; thence northerly along the easterly limit of said Bennett Road right of way, Plan 42657 to the point of intersection with the easterly prolongation of the southerly boundary of Lot 6 of Block 17, Lot 78, Plan 1694; thence westerly along the said easterly prolongation of the southerly boundary of said Lot 6, Plan 1694 and continuing westerly along the southerly boundaries of Lots 6 and 5 of Block 17, Lot 78, Plan 1694 to the point of intersection with the southeasterly limit of Rupert Road right of way, which bisects Lot 5 of Block 17, Lot 78, Plan 1694; thence southwesterly in a straight line to the northeast corner of Lot 9 of Lot 78, Registered Plan 21;99; thence westerly along the northerly boundaries of Lots 9, S 7

and 7 of Lot 78, Plan 21199 to the northwest corner of said Lot 7, Plan 21199; thence westerly in a straight line to the northeast corner of Lot 6 of Lot 78, Plan 21199; thence westerly along the northerly boundaries of Lots 6, 5, 4 and 3 of Lot 78, Plan 21199 to the northwest comer of said Lot 3, Plan 21199; thence westerly in a straight line to the northeast corner of Lot 2 of Lot 78, Plan 21199; thence westerly along the northerly boundaries of Lots 2 and I of Lot 78, Plan 21199 to the northwest corner of said Lot 1, Plan 21199 being a point on the easterly limit of Hollywood Road right of way; thence southerly along the westerly boundaries of Lot 1 of Lot 78, Plan 21199, the Remainder of Lot 42 and Lot 43 of Lot 78, Registered Plan 22438 to the southwest corner of said Lot 43, Plan 22438; thence westerly in a straight line to the southeast corner of Lot 8, Block 14 of Lot 78 of Plan 1694; thence westerly along the southerly boundaries of Lots 8, 7, 6, 5 and 4 of Block 14 of Lot 78, Plan 1694, to the southwest corner of said Lot 4, Plan 1694; thence northerly along the westerly boundaries of Lots 4, 3 and 2 of Block 14 of Lot 78, Plan 1694, to a poi nt due cast of the southeast corner of Lot 8, Block 9A of Lot 78, Plan 1691, thence west to said southeast corner; thence northerly along the easterly boundaries of Lots 8 and 7 of Block 9A of Lot 78, Plan 1694, to the northeast corner of said Lot 7, Plan 1694; thence westerly along the northerly boundary of Lot 7, Block 9A of Lot 78, Plan 1694, to the northwest corner thereof; thence due west to the westerly boundary of that part of Lot 78 shown outlined in red on said Plan 1694; thence northerly and westerly along the westerly and southerly boundaries of said part of Lot 78 shown outlined in red on Plan 1694 to the northwest corner of that part of Lot 71, Newcastle Land District of Lot 78, Registered Plan 1026 which lies to the cast of Jones Street; thence westerly in a straight line to the northeast.comer of that part of said Lot 71, Plan 1026, which lies to the west of said Jones Street; thence westerly along the northerly boundary of said Lot 71, Plan 1026, to the northwest corner thereof; thence westerly in a straight 8

line to the southeast corner of Lot 68 of said Plan 1026; thence northerly along the easterly boundary of said Lot 68, Plan 1026 to the point of intersection with the southwesterly limit of Ring Road right of way as shown on Registered Plan VIP61269; thence northwesterly along the said southwesterly limit of Ring Road, Plan VIP61269 to the point of intersection with the northerly boundary of Lot 68, Plan 1026; thence westerly along the northerly boundary of said Lot 68, Plan 1026, to the northwest corner thereof; thence northwesterly in a straight line to the most westerly southeast corner of Lot 6 of Lot 78, Registered Plan 2047, and being a point on the westerly limit of an unnamed road; thence westerly along the southerly boundaries of Lots 6 and 13 of Lot 78, Plan 2047 to the southwest corner of said Lot 13, Plan 2047; thence due west to the point of intersection with the easterly boundary of Lot 2 of Lot 78, Plan 2047, being a point on the westerly limit of Laburnum Road right of way; thence northerly and westerly along the easterly and northerly boundaries of said Lot 2, Plan 2047 to the northwest corner thereof; thence due west to the point of intersection with the easterly boundary of Lot 93 and being a point on tic westerly limit of Fulmar Road right of way; thence northerly along the easterly boundary of said Lot 93 to the point of intersection with the easterly prolongation of the southerly boundary of Lot 2 of Lot 93, Registered Plan 3597; thence westerly along said prolongation to the southeast corner of Lot 2 of Lot 93, Plan 3597; thence northerly along the easterly boundaries of Lots 2 and 1 of Lot 93, Plan 3597 to the most northerly corner of said Lot 1, Plan 3597; thence northerly along the northerly prolongation of the easterly boundary of Lot 1 of Lot 93, Plan 3597 to the point of intersection with the northwesterly limit of Registered Plan 24 RW; thence northeasterly along the said northwesterly limit of Plan 24 RW to the point of intersection with the westerly boundary of Lot 78; thence northerly along the said westerly boundary of Lot 78 to the point of intersection with the southerly limit of Esquimalt and Nanaimo Railway Right of Way, as shown 9

on Plan 879 0.S.; thence easterly along the southerly limit of said Esquimalt and Nanaimo Railway Right of Way, Plan 879 0.S., to the point of intersection with the southerly prolongation of the easterly boundary of Lot 11 of Lot 78, Registered Plan 2212; thence northerly along said southerly prolongation to the most southerly southeast corner of Lot 11 of Lot 78, Plan 2212; thence northerly along the easterly boundary of said Lot H, Plan 2212 to the point of intersection with the southerly limit of Island Highway Right of Way, gazetted on October 31, 1950 (Plan RS34-29); thence due north to the southeast corner of that part of Lot 11 of Lot 78, Plan 2212, lying to the north of Island Highway Right of Way; thence northerly along the easterly boundary of said Lot II, Plan 2212 to the most northerly northeast corner thereof and being a point on the southerly boundary of Lot 10, Newcastle Land District; thence westerly, northerly, easterly and northerly along the southerly, westerly, northerly and westerly boundaries of said Lot 10 to the point of intersection with the southerly limit of Island Highway Number 19 right of way, as shown outlined in red on Registered Plan 10I I5; thence easterly along the southerly limit of said Island Highway Number 19 right of way, Plan 10115, to the point of intersection with the westerly boundary of Lot 17; thence northerly along the westerly boundary of said Lot 17 to the northwest corner thereof, being a point on the aforesaid natural high water mark of Qualicum Beach, on the southerly shore thereof; thence northeasterly in a straight line and in a direction perpendicular to the general direction of said natural high water mark of Qualicum Beach, at said northwest corner of Lot 17 to the extreme low water mark of Qualicum Beach; thence in a general easterly direction along said low water mark of Qualicum Beach, to the point of intersection with a straight line drawn northerly from and in a direction perpendicular to the general direction of aforesaid natural high water mark of Qualicum Beach from the northeast corner of Lot 1 of Lot 49, Nanoose Land District, Plan D.D.

EC 24939; thence southerly in a 10

straight line to the aforesaid northeast corner of Lot I of Lot 49, Plan D.D. EC 24939, being the point of commencement and containing by admeasurement 1331.10 hectares of land, more or less, and 231.50 hectares of foreshore and land covered by water, more or less: AND TIIAT the letters patent of the Town of Qualicuin Beach, 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: REGIONAL visTRIcr BYLAWS 1.0 Subject to these Supplementary Letters Patent and pursuant to

section 24(2) of the Local Government Act, each bylaw, regulation, contract, restriction, i►t, 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 Regional District of Nanaimo, hereinafter referred to as "the regional district", having application in the area newly included within the municipality by these Supplementary Letters Patent, insofar as they are within the powers of the municipality, shall remain in full force and effect in and for the municipality and each may be amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality.

REGIONAL DISTRICT 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, 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 regional district, in respect to the area newly enclosed within the municipality by these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent.

TRANSFER OF REGIONAL DISTRICT SERVICES 3.0 The jurisdiction for all services of the regional district which have application to the area newly enclosed within the municipality by these Supplementary Letters Patent and which are within the jurisdiction of the municipality, arc hereby transferred to the municipality as set out in Supplementary Letters Patent of the regional district issued concurrently with these Supplementary Letters Patent. ROADS, DRAINAGE AND APPROVING OFFICER 4.0 For the purposes of Division 5 - Highways, of

Part 15 - Municipal Services, of the Local Government Act, and pursuant to

Part 3 of the Highways Act, all public roads within the area newly enclosed within the municipality, except for those classified as arterial 12

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 759/2001
Type	order_in_council
Volume / chapter	arc oic 0759 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	87727f0917ad4cb7b8424f03d9a40c1a3ff1a16b

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