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West Mabou Beach Provincial Park Designation
made under Section 8 of the
Provincial Parks Act
R.S.N.S. 1989, c. 367
O.I.C. 2001-415 (August 23, 2001), N.S. Reg. 109/2001
as amended to O.I.C. 2008-277 (May 27, 2008), N.S. Reg. 276/2008
Order approved by O.I.C. 2001-415
The Governor in Council on the report and recommendation of the Minister of Natural Resources dated July 25, 2001, and pursuant to Section 8 of Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, with respect to the designation of provincial parks, to:
(a) designate land at West Mabou Harbour, Inverness County, owned by Her Majesty in right of the Province of Nova Scotia, to be a provincial park, the said land being described in Schedule “A” and shown outlined in bold line on a copy of Provincial Crown Lands Record Centre Plan No. E-15-59 marked Schedule “B”, both schedules attached to and forming part of the report and recommendation;
(b) declare that the provincial park is to be known by the name “West Mabou Beach Provincial Park”; and
(c) authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order.
Schedule “A”
All those certain lots, pieces, or parcels of land and land covered by water situate, lying, and being at West Mabou Harbour, County of Inverness, Province of Nova Scotia, shown on a compiled plan showing West Mabou Beach Provincial Park having a Field Plot Number P-022/98 and filed in the Provincial Crown Lands Record Centre, Halifax under C.L.R. No. E-15-59, the said parcels being more particularly described as follows:
Parcel I
Beginning at a survey marker set at the intersection of the northern boundary of the South West Mabou Road with the western boundary of lands now or formerly of Sidney MacEachern, said point of beginning being N 88° 11' 39" W, a distance of 2,204.19 feet from Nova Scotia Coordinate Monument Number 14116;
Thence (from the point of beginning) northwesterly along the arc of a circular curve to the right 252.9 feet to a survey marker set N 81° 24.1' W, 250.6 feet measured along the subchord of the curve having a radius of 540.7 feet, from the last previously described survey marker;
Thence N 68° 00.0' W, a distance of 170.0 feet to a survey marker set;
Thence northwesterly along the arc of a circular curve to the right 160.8 feet, to a survey marker set N 63° 00.0' W, 160.6 feet measured along the subchord of the curve having a radius of 921.6 feet, from [the] last previously described survey marker;
Thence N 58° 00.0' W, a distance of 225.0 feet to a survey marker set;
Thence northwesterly along the arc of a circular curve to the left 143.8 feet to a survey marker set N 62° 45.0' W, a distance of 143.6 feet, measured along the subchord of the curve having a radius of 867.0 feet from [the] last previously described survey marker;
Thence N 29° 21.1' E, a distance of 777.9 feet to a survey marker set;
Thence N 29° 21.3' E, a distance of 492.8 feet to a survey marker set;
Thence S 79° 29.8' W, a distance of 1,589.9 feet to a survey marker set;
Thence S 28° 15.6' W, a distance of 164.9 feet to a survey marker set;
Thence N 67° 28' 20" W, a distance of 694.66 feet to a survey marker set;
Thence S 28° 45.0' W, a distance of 400.0 feet to a survey marker set;
Thence N 87° 05.8' W, a distance of 451.2 feet to a survey marker set;
Thence S 28° 45.6' W, a distance of 199.9 feet to a survey marker set on the northern boundary of the South West Mabou Road;
Thence southwesterly along the arc of a circular curve to the left 380.2 feet to a survey marker set S 57° 44.8' W, a distance of 371.9 feet, measured along the subchord of the curve having a radius of 525.0 feet, from the last previously described survey marker;
Thence N 65° 03.3' W, a distance of 793.8 feet to a survey marker set;
Thence S 25° 55.9' W, a distance of 1,015.5 feet to a survey marker set on the northern boundary of the South West Mabou Road;
Thence N 79° 24.4' W, a distance of 357.4 feet to a survey marker set at the beginning of a circular curve to the left;
Thence southwesterly along the arc of a circular curve to the left 241.7 feet to a survey marker set S 86° 45.2' W, a distance of 239.4 feet, measured along the subchord of the curve having a radius of 500.4 feet, from [the] last previously described survey marker;
Thence N 60° 05.8' W, 851.5 feet to a survey marker and continuing on the same bearing approximately 200 feet to the ordinary high water mark of the waters of the Northumberland Strait;
Thence continuing on the same bearing seaward to a point, said point being 300 feet perpendicularly distant from the ordinary high water mark (OHWM) of the Northumberland Strait;
Thence northeasterly parallel to and 300 feet perpendicularly distant from the OHWM of the Northumberland Strait a distance of 7,700 feet more or less to a point, said point being at the entrance of Mabou Harbour;
Thence easterly a distance of 400 feet more or less to the ordinary high water mark of the entrance to Mabou Harbour;
Thence easterly along the OHWM of the entrance of Mabou Harbour a distance of 870 feet more or less;
Thence continuing easterly seaward into Mabou Harbour, a distance of 300 feet more or less;
Thence southeasterly and along the various other courses of an irregular line as shown on the aforementioned Field Plot Number P-022/98, which line is generally parallel to the OHWM of Mabou Harbour and passes 300 feet from the eastern tip of Parcel III (Sand Bar) and 300 feet from the northeastern boundary of Parcel IV (The Flats), a total distance of 7,050 feet more or less to a point, said point being situate 300 feet seaward from the OHWM of Mabou Harbour;
Thence southwesterly to a point on the OHWM mark of Mabou Harbour, said point situate east of Sams Cove;
Thence from the OHWM of Mabou Harbour S 77° 30.0' W, a distance of 36 feet more or less to a survey marker set;
Thence S 77° 30.0' W, a distance of 3.5 feet to the northeastern boundary of the Old Ferry Road;
Thence along the arc of a circular curve to the left, 203.3 feet to a survey marker set S 81° 22.4' W, a distance of 173.6 feet measured along the subchord of the curve having a radius of 106.0 feet from the last previously described point;
Thence S 26° 25.3' W, a distance of 300.0 feet to a survey marker set;
Thence southwesterly along the arc of a circular curve to the right 223.0 feet to a survey marker set S 32° 13.9' W, a distance of 222.6 feet measured along the subchord of the curve having a radius of 1,099.9 feet, from the last previously described survey marker;
Thence S 38° 02.3' W, a distance of 14.2 feet to a survey marker set;
Thence N 58° 36' W, a distance of 308.6 feet to a survey marker set;
Thence N 43° 07' 12" W, a distance of 481.6 feet to a witness survey marker;
Thence S 46° 52' 48" W, a distance of 196.59 feet to a survey marker set;
Thence S 05° 29' 48" E, a distance of 73.08 feet to a survey marker set;
Thence S 05° 29' 48" E, a distance of 608.45 feet to a survey marker set;
Thence S 02° 45' 50" E, a distance of 518.30 feet to a survey marker set;
Thence S 28° 15.5' W, a distance of 399.8 feet to a survey marker set;
Thence N 61° 44.7' W, a distance of 50 feet to a survey marker set;
Thence N 61° 44.7 W, a distance of 1,383.4 feet to a survey marker set;
Thence S 28° 15.2 W, a distance of 2,031.6 feet to the point of beginning.
Included within Parcel I are Parcel III and Parcel IV, described as follows:
Parcel III
A certain sand bar oblong in shape and situate within the bounds of Mabou Harbour in proximity to the entrance of said harbour and containing approximately one acre.
Parcel IV
A certain tidal flat commonly called The Flats, and situate within the bounds of Mabou Harbour, containing 8 (eight) acres more or less.
Parcel I, including Parcel III and Parcel IV contains 672 acres more or less.
Subject to rights of ingress and egress, reserved unto Roderick Alexander MacLean and Myrna MacLean, over an “existing travelled Roadway 10 feet in width” which crosses the southern portion of the lands described in Book 233 at Page 293 and leads to a brook emptying into Sams Cove and over an “existing travelled path ten (10) feet in width” located adjacent to or near the northeastern boundary of the lands described in Book 233 at Page 293 and leading to the shore of Sams Cove so-called, shown on the aforementioned plan (Field Plot Number P-022/98).
Also subject to rights reserved to the said Roderick Alexander MacLean and Myrna MacLean to enter over a strip of land to a well with the right to lay pipes and repair same for the purpose of drawing water from the well and the right to work in a circular area ten (10) feet around the well for the purpose of drawing water from it or fixing, constructing or repairing the well so as to make it useable. Approximate location of the said well and strip of land being shown on the aforementioned plan (Field Plot Number P-022/98).
Also subject to a water pipeline easement granted to Lawrence J. Connors and Elizabeth A. Connors, dated January 15th, 1992, and recorded in Book 314 at Page 219, shown on [the] aforementioned plan and also on Field Plot P-120/91 and being more particularly described as follows:
Commencing at a survey marker located at the northeast corner of lands now or formerly of Lawrence J. Connors and Elizabeth A. Connors (Book 304, Page 794);
Thence N 67° 28' 20" W, a distance of 368.12 feet along the northern boundary of lands now or formerly of Lawrence J. Connors and Elizabeth A. Connors to survey marker IN4069, hereinafter referred to as the point of beginning;
Thence N 67° 28' 20" W, a distance of 10.06 feet along the northern boundary of lands now or formerly of Lawrence J. Connors and Elizabeth A. Connors to survey marker IN4066;
Thence N 28° 55' 20" E, a distance of 114.09 feet to survey marker IN4067;
Thence S 61° 04' 40" E, a distance of 10.00 feet to survey marker IN4068;
Thence S 28° 55' 20" W, a distance of 112.97 feet to the point of beginning.
Containing an area of 1,135 square feet.
Parcel II
Commencing at Nova Scotia Coordinate Monument No. 14116;
Thence N 34° 59.5' E, a distance of 2,225.1 feet to a survey marker set and being the point of beginning.
Thence (from the point of beginning) so determined, N 30° 45.4' W, a distance of 631.0 feet to a survey marker set on the southeastern boundary of Old Ferry Road;
Thence northeasterly along the arc of a circular curve to the left 178.4 feet to a survey marker set, said survey marker being N 30° 48.1' E, a distance of 178.2 feet measured along the subchord of the curve having a radius of 1,165.9 feet from the last previously described survey marker;
Thence N 26° 25.3' E, a distance of 300.0 feet to a survey marker;
Thence northeasterly along the arc of a circular curve to the right a distance of 56.4 feet to a survey marker set, said survey marker being N 66° 46.5' E, a distance of 51.8 feet measured along the subchord of the curve having a radius of 40 feet from the last previously described survey marker;
Thence S 28° 00.0' E, a distance of 192.1 feet to a survey marker set;
Thence N 50° 00.0' E, a distance of 83.1 feet to a survey marker set;
Thence S 57° 00.0' E, approximately 15 feet to the ordinary high water mark of the waters of Mabou Harbour;
Thence easterly along the ordinary high water mark and into Mabou Harbour to a point, said point being 300 feet, more or less, perpendicularly distant from the ordinary high water mark (OHWM) of Mabou Harbour;
Thence southeasterly parallel to and 300 feet, more or less, perpendicularly distant from the OHWM of Mabou Harbour a distance of 485 feet, more or less, to a point;
Thence westerly to the OHWM of Mabou Harbour;
Thence S 29° 51.8' W, a distance of 10 (ten) feet to a survey marker set, said survey marker set being S 28° 12.0' E, a distance of 432.8 feet from the last previously mentioned survey marker;
Thence S 29° 51.8' W, a distance of 579.5 feet to a survey marker;
Thence N 51° 04.3' W, a distance of 25.1 feet to the point of beginning.
Containing 11 acres more or less.
The above described lands, Parcels I through IV being shown on the attached plan marked Schedule “B” and being subject to easements existing for pole and/or pipelines.
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. 2008-277
The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 7, 2008, is pleased, effective on and after May 27, 2008:
(a) pursuant to Section 8 of Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, to decrease the size of West Mabou Beach Provincial Park, designated by Order in Council 2001-415 dated August 23, 2001, by removing approximately 5734.8 square metres of land as shown outlined in red on the plan marked Schedule “A” attached to and forming part of the report and recommendation; and
[Clause (b) was not filed as a regulation.]
