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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.