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Cole Harbour-Lawrencetown Coastal Heritage Park System Designation
made under Section 8 of the
Provincial Parks Act
R.S.N.S. 1989, c. 367
O.I.C. 1998-644 (December 15, 1998), N.S. Reg. 100/98
The Governor in Council on the report and recommendation of the Minister of Natural Resources dated December 1, 1998, pursuant to subsection 6(1) and Section 8 of Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, and clause 19(f) of Chapter 235 of the said Revised Statutes, the Interpretation Act, is pleased to:
(a) with respect to the constitution of parks and the setting aside of park reserve, rescind:
1. Order in Council 87-348 dated March 31, 1987, and thereby terminate the status of Rainbow Haven Beach Provincial Park,
2. Order in Council 87-896 dated July 28, 1987, and thereby terminate the status of Lawrencetown Beach Provincial Park, and
3. Order in Council 93-727 dated September 8, 1993;
(b) designate land situate at Cole Harbour-Lawrencetown, Halifax County, owned by Her Majesty in right of the Province of Nova Scotia, to be a provincial park, the said area of land being described in Schedule “A” and shown outlined in bold line on a copy of Provincial Crown Lands Record Centre Plan No. E-15-61 marked Schedule “B”, both Schedules attached to and forming part of the report and recommendation; and
(c) declare the provincial park referred to in paragraph (b) hereof, to be known by the name “Cole Harbour-Lawrencetown Coastal Heritage Park System”.
Schedule “A”
All those certain lots, pieces, or parcels of land situate, lying and being at or near Cole Harbour and Lawrencetown, in the County of Halifax, Province of Nova Scotia, shown as Blocks A, B, C, D, E, F, G, I, J, K, together with a portion of the former Canadian National Railway right-of-way, as shown on a compiled plan showing “Cole Harbour-Lawrencetown Coastal Heritage Park System”, Cole Harbour-Lawrencetown, Halifax County, Field Plot No. P-098/98, and filed in the Department of Natural Resources Office, Halifax, the said parcels of land being more particularly described as follows:
Block “A”
All those certain lots, pieces, or parcels of land shown as Parcel “A” and Parcel “B” on a compiled plan showing Cole Harbour Provincial Park, Field Plot No. P-158/87, except for revisions in two areas more particularly described as follows:
Following the revised Crown boundaries as shown on a plan of survey of a portion of Cole Harbour Provincial Park, by S. Gregory Smith, N.S.L.S., Field Plot No. P-014/90, dated August 30, 1989, excepting and reserving therefrom the 4.572 metre easement as shown thereon.
Including land conveyed to the Crown from Davies Poultry Products Ltd. and excluding land conveyed to Davies Poultry Products Ltd. from the Crown as shown on a plan of survey of Land Exchange Between the Crown and Davies Poultry Products Ltd., by S. Gregory Smith, N.S.L.S., Field Plot No. P-001/90, dated December 7, 1989.
Also including all that certain portion of the former Canadian National Railway right-of-way as defined on a plan showing Lands of Her Majesty the Queen (Canadian Government Railways), Mile 20.50 to 48.02, Dartmouth Subdivision, by Robert A. Miller, Regional Land Surveyor, Plan No. 11596-607, dated August 15, 1990, the certain portion herein described beginning at the eastern boundary of the re-aligned Bissett Road, said road boundary being at old chainage of approximately 380+75 on the above-referenced railway plan, and from thence extending eastward 700 metres more or less to the ordinary high water mark of Cole Harbour.
Block “B”
All that certain lot, piece, or parcel of land shown as Parcel “C” on a compiled plan showing Cole Harbour Provincial Park, Field Plot No. P-158/87, and including the various small parcels of land along the northeastern side of the Bissett Road conveyed to the Crown under Document No. 3064.
Block “C”
All that certain lot, piece, or parcel of land known as Flying Point, bounded on the east, south, and west by the ordinary high water mark of Cole Harbour and all other boundaries being as shown on two plans showing survey of portions of Crown Park Reserve, by S. Gregory Smith, N.S.L.S., Field Plot No. P-146/97 and P-147/97, both plans dated June 20th, 1997.
Block “D”
All those certain lots, pieces, or parcels of land known as the Viewplane Lands and more particularly described as follows:
All that certain lot, piece, or parcel of land as shown on a compiled plan showing Proposed Conveyance to the Crown from William Landymore and Joan L.G. Landymore, Field Plot No. P-031/91-1, dated February 21, 1991.
All that certain lot, piece, or parcel of land as shown on a compiled plan showing Proposed Conveyance to the Crown from the Estate of Margaret E. Oland, Field Plot No. P-031/91-2, dated March 7, 1991.
All that certain lot, piece, or parcel of land as shown on a compiled plan showing Proposed Conveyance to the Crown from Margaret Sellars, Field Plot No. P-031/91-3, dated March 12, 1991.
All that certain lot, piece, or parcel of land as shown on a compiled plan showing Proposed Conveyance to the Crown from Daniel J. Casavechia and Terrance D. Casavechia, Field Plot No. P-031/91-4, dated March 12, 1991.
All that certain lot, piece, or parcel of land as shown on a compiled plan showing Proposed Conveyance to the Crown from Fulton W. Sellars and Helen V. Sellars, Field Plot No. P-031/91-5, dated March 13, 1991.
All that certain lot, piece, or parcel of land known as Lot 8 and conveyed to the Crown from Richard H. Oland and Barbara L. Oland in Book 5264, Page 1097, the location of the eastern boundary of said Lot 8 being subject to survey, not including the “free right-of-way, roadway to pass and repass at the southwest end of Lot No. Three from Cole Harbour to the main road.”
All that certain lot, piece, or parcel of land known as Lot 9 and conveyed to the Crown from Terry Bonang, Sharon Thomas, and Lloyd Bonang in Book 5208, Page 147.
All that certain lot, piece, or parcel of land conveyed to the Crown from Skyview Homes Limited and shown on a plan showing Proposed Conveyance to the Crown for Viewplane Purposes, by S. Gregory Smith, N.S.L.S., Field Plot No. P-100/94, dated June 23, 1994.
All that certain lot, piece, or parcel of land together with a right-of-way conveyed to the Crown from Aubrey B. Campbell and Bernadine E. Campbell in Book 6130, Page 226, excepting and reserving therefrom that portion of said right-of-way external to Block “D” and more particularly described as lying between the West Lawrencetown Road and the southeastern boundary of Crown Land as shown on above-referenced Field Plot No. P-100/94.
Also all that certain portion of the former Canadian National Railway right-of-way crossing Lot 8 and Lot 9 as described above, the said former Canadian National Railway right-of-way being as defined on a plan showing Lands of Her Majesty the Queen (Canadian Government Railways), Mile 20.50 to 48.02, Dartmouth Subdivision, by Robert A. Miller, Regional Land Surveyor, Plan No. 11596-607, dated August 15, 1990.
Block “E”
All that certain lot, piece, or parcel of land or water as shown on a compiled plan showing Rainbow Haven Beach Provincial Park, Field Plot No. P-057/85.
Block “F”
ALL that certain lot, piece, or parcel of land or water as shown on a plan showing survey of Conrod Island Park Reserve, by S. Gregory Smith, N.S.L.S., Field Plot No. P-109/92-1, dated April 27, 1993.
Block “G”
All that certain lot, piece, or parcel of land or water as shown on a compiled plan showing Lawrencetown Beach Provincial Park, Field Plot No. P-056/85 “C”.
Block “I”
All that certain lot, piece, or parcel of land conveyed to the Crown from Robert S. M. Crowell in Book 4552, Page 787.
Block “J”
All that certain lot, piece, or parcel of land as shown on a compiled plan showing Parcel “A”, lands of Charles J. L. Hardy and Andrea M. Hardy, Field Plot No. P-066/81, dated March 31, 1981.
Excepting and reserving therefrom that portion of Parcel “A” identified as License No. CL-58, currently issued to John McStay, formerly Lease No. L-3611, and shown on a plan showing survey of 20' Water Easement to Crown and Lease to Haynes, by S. Gregory Smith, N.S.L.S., Field Plot No. P-216/87, dated November 6, 1987.
Block “K”
All those certain lots, pieces, or parcels of land conveyed to the Crown in Book 5509, Page 500, shown as Parcels A, B, G, and a portion of Parcel “C” on a plan showing survey of land of Philip W. Oland, by Garry S. Parker, N.S.L.S., dated December 28, 1989.
Also all that certain portion of the old public highway from the southern boundary of the former Canadian National Railway right-of-way to the eastern boundary of above-mentioned land conveyed to the Crown in Book 5509, Page 500, shown on a compiled plan showing a portion of Old Public Highway, Field Plot No. P-129/93, the subject parcel identified thereon as Parcel A, land conveyed to the Crown in Book 5523, Page 471, excepting and reserving therefrom Parcel A-1, land disposed of by the Crown in Book 5562, Page 832.
Also all that certain portion of the former Canadian National Railway right-of-way as defined on a plan showing Lands of Her Majesty the Queen (Canadian Government Railways), Mile 20.50 to 48.02, Dartmouth Subdivision, by Robert A. Miller, Regional Land Surveyor, Plan No. 11596-607, dated August 15, 1990, the certain portion herein described lying to the south of Highway No. 207 and extending from the eastern boundary of Wyndenfog Lane to the prolongation of the eastern boundary of above-mentioned land conveyed to the Crown in Book 5509, Page 500, said eastern boundary being at old chainage of approximately 941+65 on the above-referenced railway plan.
Former Canadian National Railway right-of-way:
All those certain portions of the former Canadian National Railway right-of-way not previously described, as defined on a plan showing Lands of Her Majesty the Queen (Canadian Government Railways), Mile 20.50 to 48.02, Dartmouth Subdivision, by Robert A. Miller, Regional Land Surveyor, Plan No. 11596-607, dated August 15, 1990, and more particularly described as lying between the following bounds:
Bounded on the west by the eastern boundary of the re-aligned Bissett Road, said road boundary being at old chainage of approximately 380+75 on the above-referenced railway plan;
Bounded on the east by a line on the prolongation of the eastern boundary of Block “K” as previously described, the said prolongation line being at old chainage of approximately 941+65 on the above-referenced railway plan;
Excepting and reserving therefrom that certain portion of the Canadian National Railway right-of-way lying to the north of Block “K” as previously described and extending beyond the northern boundary of Highway No. 207, said portion beginning where the right-of-way width changes from 99 feet to 149.5 feet, at old chainage of approximately 937+35 on the above-referenced railway plan, and extending from thence easterly to the prolongation of the eastern boundary of Block “K” as previously described, the said prolongation line being at old chainage of approximately 941+65 on the above-referenced railway plan.
Also excepting and reserving therefrom any public roadways crossing the above-described portion of the Canadian National Railway right-of-way, and any portion of Wyndenfog Lane lying within the former Canadian National Railway right-of-way.
Subject to Prior Existing Rights:
All properties herein described being subject to any prior existing rights including those rights reserved by the grantor in any of the individual conveyances to the Crown.
Schedule “B”
[Note: The map referred to Schedule “B” was not filed with the Office of the Registrar of Regulations.]