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Johnstons Pond Beach Designation

made under subsection 5(1) of the

Beaches Act

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

O.I.C. 1998-573 (November 3, 1998), N.S. Reg. 85/98


The Governor in Council on the report and recommendation of the Minister of Natural Resources dated October 26, 1998, pursuant to subsection 5(1) of Chapter 32 of the Revised Statutes of Nova Scotia, 1989, the Beaches Act, and to clause 19(f) of Chapter 235 of the said Revised Statutes, the Interpretation Act, is pleased to:

 

                (a)    rescind Order in Council 93-679, dated August 26, 1993, with respect to the designation of a beach; and

 

                (b)    determine as a beach an area of land lying landward of the mean high watermark at Johnstons Pond, Little Port l’Hebert, Shelburne County, as described in Schedules “A” and “B”, and contained within the area shown outlined in bold line and marked on Schedule “C”, all such Schedules attached to and forming part of the report and recommendation.



Schedule “A”


All that certain lot, piece, parcel or tract of land situate, lying and being at Johnstons Pond in the County of Shelburne, Province of Nova Scotia, and comprising Parcel “A” and Parcel “C” on a Plan of Survey having C.L.R. No. E-15-41B (Field Plot No. P-035/93B) signed on the 12th day of March 1993 and revised June 4, 1996 by Gerald A. Pottier, Nova Scotia Land Surveyor, and filed in the Department of Natural Resources office, Halifax, Nova Scotia; the said parcel of land being more particularly described as follows:


Beginning at a Survey Marker Numbered S848 situated on the easterly edge of an abandoned old former highway leading from East Sable River to Port L’Hebert across the beach, and being (By Grid Bearing referenced to the Nova Scotia 3° Modified Transverse Mercator Projection, Zone 5, Central Meridian 64° 30' West Longitude) N 04° 58' 24" W, a distance of 1,439.157 metres from Nova Scotia Coordinate Monument No. 24759 having coordinates of north 4, 847, 044.498 metres and east 5, 463, 921.896 metres;


Thence across the abandoned old former highway, previously mentioned, and land of Robert Freeman N 62° 50' 50" W, a distance of 36.987 metres to a Survey Marker Numbered S849;


Thence across a portion of the waters of Johnstons Pond, lands of Marilyn Scher N 55° 48' 54" W, a distance of 152.489 metres to a Survey Marker Numbered S850;


Thence across lands of Marilyn Scher, waters of Johnstons Pond and lands of Lew-Mel Holding Corporation N 83° 09' 32" W, a distance of 426.855 metres to a Survey Marker Numbered S851;


Thence across lands of Lew-Mel Holding Corporation, waters of Johnstons Pond, and again lands of Lew-Mel Holding Corporation N 43° 38' 22" E, a distance of 313.808 metres to a Survey Marker Numbered S852;


Thence across lands of Lew-Mel Holding Corporation and waters of Johnstons Pond N 43° 38' 22" E, a distance of 344.161 metres to an unmonumented point in the water;


Thence across waters of Johnstons Pond; and lands of Marilyn Scher S 86° 32' 28" E, a distance of 195.078 metres to a Survey Marker Numbered S853;


Thence across lands of Marilyn Scher S 86° 32' 28" E, a distance of 100.255 metres to a Survey Marker Numbered S880;


Thence across lands of Marilyn Scher S 45° 03' 16" E, a distance of 89.188 metres to a Survey Marker Numbered S854;


Thence across lands of Marilyn Scher N 56° 55' 34" E, a distance of 87.261 metres to a Survey Marker Numbered S979;


Thence across lands of Marilyn Scher S 72° 37' 46" E, a distance of 16.850 metres to a Survey Marker Numbered S980 situated on the northwestern boundary of the East Sable Road, said Survey Marker being S 61° 01' 20" W, a distance of 3077.297 metres from Nova Scotia Coordinate Monument Numbered 24755 having coordinates of North 4, 850, 560.435 metres and East 5, 466, 807.504 metres;


Thence across the East Sable Road S 72° 37' 46" E a distance of 20.282 metres to a Survey Marker Numbered S981 situated on the southeastern boundary of the East Sable Road;


Thence across lands of Marilyn Scher S 72° 37' 46" E a distance of 63.093 metres to a Survey Marker Numbered S982;


Thence across lands of Marilyn Scher S 41° 16' 00" W a distance of 62.939 metres to a Survey Marker Numbered S983;


Thence across lands of Marilyn Scher; waters of the Atlantic Ocean and other lands of Marilyn Scher S 34° 28' 11" W a distance of 629.700 metres to a Survey Marker Numbered S848 and the place of beginning:


Saving and excepting therefrom any land lying below the mean high watermark.


Containing an area of 31.8 hectares.



Schedule “B”


All that certain lot, piece, parcel or tract of land situate, lying and being at Johnstons Pond in the County of Shelburne, Province of Nova Scotia, and being Parcel “B” on a Plan of Survey having C.L.R. No. E-15-41B (Field Plot No. P-035/93B) signed on the 12th day of March, 1993 and revised June 4, 1996 by Gerald A. Pottier, Nova Scotia Land Surveyor, and filed in the Department of Natural Resources office, Halifax, Nova Scotia; the said parcel of land being more particularly described as follows:


Beginning at a Survey Marker Numbered S985 situated on lands of Marilyn Scher, and being (By grid bearing referenced to the Nova Scotia 3° Modified Transverse Mercator Projection, Zone 5, Central Meridian 64° 30' West Longitude) S 59° 34' 35" W, a distance of 2923.609 metres from Nova Scotia Coordinate Monument Numbered 24755 having coordinates of north 4,850,560.435 metres and east 5,466,807.504 metres;


Thence across lands of Marilyn Scher S 67° 05' 25" W, a distance of 37.266 metres to a Survey Marker Numbered S986;


Thence across lands of Marilyn Scher N 81° 17' 29" W, a distance of 17.067 metres to a Survey Marker Numbered S987;


Thence across lands of Marilyn Scher S 82° 22' 42" W, a distance of 33.545 metres to a Survey Marker Numbered S988;


Thence across lands of Marilyn Scher N 72° 37' 46" W, a distance of 36.693 metres to a Survey Marker Numbered S989;


Thence across lands of Marilyn Scher N 33° 36' 07" E, a distance of 93.354 metres to a Survey Marker Numbered S855;


Thence continuing across lands of Marilyn Scher N 33° 36' 07" E, a distance of 3 metres more or less to the mean high watermark of a small lake;


Thence following along the mean high water make [mark] of said small lake in an easterly and southeasterly direction 135 metres more or less to a point;


Thence across lands of Marilyn Scher S 67° 05' 25" W, a distance of 34 metres more or less to a Survey Marker Numbered S985 and the place of beginning;


Containing an area of 9800 square metres more or less.



Schedule “C”


[Note: The map referred to as Schedule “C” was not filed with the Office of the Registrar of Regulations.]