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Debert Archaeological Resource Impact Assessment Regulations

made under Section 20 of the

Special Places Protection Act

R.S.N.S. 1989, c. 438

O.I.C. 2008-170 (March 31, 2008), N.S. Reg. 129/2008


Citation

1     These regulations may be cited as the Debert Archaeological Resource Impact Assessment Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Special Places Protection Act;

 

                (b)    “Debert Lands” means the lands at Debert, Nova Scotia, described in Schedule A;

 

                (c)    “heritage research permit” means a heritage research permit under Section 8 of the Act.


Application of regulations

3     These regulations apply to the Debert Lands.


Assessment required before excavation or disturbance

4     A person must not excavate or otherwise disturb the soil of any portion of the Debert Lands without first completing an archaeological resource impact assessment under a heritage research permit for that portion of the Debert Lands.



Schedule A

Description of Debert Lands


All those certain lots, pieces, or parcels of land situate, lying and being Debert Industrial Park Lands to be conveyed by Industrial Estates Limited to the Small Business Development Corporation, as shown on an index plan number P-136/77 prepared by Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 15, 1977, being in the Community of Debert, County of Colchester, Province of Nova Scotia, being more particularly described as follows:


Beginning at a concrete survey monument marked Department of National Defence (hereafter referred to as DND) No. 6 on the south boundary of the Canadian National Railway Main Line, Truro to Moncton, Right of Way as shown on plan of survey signed by David L. Crooker, N.S.L.S. on the 10th day of May, 1972, and recorded in the Crown Land Records, Department of Lands and Forests, Halifax, as Field Plot No. P-61/72;


From thence (by astronomic bearing as obtained by observations on Polaris at concrete survey monument DND 19A), following the former DND boundary S 09° 03' 57" E, 1,576.21' to concrete survey monument DND 7;


Thence following the former DND boundary S 15° 53' 43" E, 2,496.28' to concrete survey monument DND 8;


Thence following the former DND boundary N 82° 17' 57" W, 509.19' to concrete survey monument DND 9;


Thence following the former DND boundary S 79° 43' 40" W, 485.83' to concrete survey monument DND 10;


Thence following the former DND boundary S 37° 01' 13" W, 347.09' to concrete survey monument DND 11;


Thence following the former DND boundary S 75° 21' 43" W, 686.84' to concrete survey monument DND 12;


Thence following the former DND boundary S 15° 45' 01" E, 335.11' to concrete survey monument DND 13;


Thence following the former DND boundary S 74° 31' 52" W, 634.87' to concrete survey monument DND 14;


Thence following the former DND boundary S 12° 07' 09" W, 109.15' to concrete survey monument DND 15;


Thence following the former DND boundary S 71° 46' 51" W, 830.99' to concrete survey monument DND 16;


Thence following the former DND boundary S 15° 07' 38" E, 1,081.79' crossing the public highway leading from Debert to Belmont to concrete survey monument DND 17 on the south boundary thereof;


Thence following the south boundary of the Belmont highway aforesaid easterly and south-easterly to concrete survey monument DND 18, the calculated straight line bearing and distance being S 59° 59' 21" E, 1,146.09';


Thence continuing along the south boundary of said highway easterly to concrete survey monument DND 19 the straight line bearing and distance being S 68° 37' 50" E, 675.64';


Thence following the edge of the Marsh southerly to concrete survey monument DND 19A the straight line bearing and distance being S 24° 54' 17" W, 850.34';


Thence following the former DND boundary S 45° 19' 30" W, 747.54' to concrete survey monument DND 20;


Thence following the former DND boundary N 79° 22' 43" W, 645.52' to concrete survey monument DND 21;


Thence following the former DND boundary N 40° 12' 56" W, 360.05' to concrete survey monument DND 22;


Thence following the former DND boundary S 44° 27' 34" W, 3,437.93' to concrete survey monument DND 23;


Thence S 11° 22' 17" W, 6.98' to the north boundary of the Trans Canada Highway Right of Way;

 

Thence following the said highway boundary N 73° 28' 32" W, 153.07' to a creosoted wood post designated on the said plan of survey as H-1;


Thence following the said highway boundary N 47° 51' 34" W, 1,097.67' to a creosoted wood post at the intersection of the east boundary of the public highway leading to Debert commonly called McElmon Road, said post designated on said plan as H-2;


Thence N 70° 50' 20" W, 100.48' crossing said McElmon Road to a creosoted wood post marking the intersection of the west boundary of McElmon Road and the north boundary of the Trans Canada Highway, designated H-3 on the said plan;


Thence following the north boundary of the Trans Canada Highway S 74° 01' 16" W, 866.13' to a creosoted wood post designated H-4 on the said plan;


Thence following the said north boundary of the Trans Canada Highway westerly to an iron post and stones designated H-5 on the said plan, the straight lines bearings and distances being N 73° 33' 01" W, 337.46'; N 82° 40' 20" W, 1,178.24';


Thence following the said north boundary of the Trans Canada Highway S 86° 02' 06" W, 4,060.82' to an iron post and stones designated H-6 on the said plan;


Thence following the said north boundary of the Trans Canada Highway S 85° 58' 13" W, 3,083.59' to an iron post and stones designated H-7 on said plan;


Thence following the said north boundary of the Trans Canada Highway westerly to an iron post and stones designated H-8 on said plan, the straight line bearing and distance being S 83° 36' 07" W, 491.12';


Thence following the said north boundary of the Trans Canada Highway S 81° 16' 42" W, 4,416.84' to an iron post and stones at intersection of the east boundary of the Masstown Road, so called, said iron post designated as H-10 on the said plan;


Thence following the eastern boundary of the Masstown Road, so called, in northerly and north-easterly direction to iron survey marker 1158, set at the south-westerly corner of a lot of land previously purchased by the Province of Nova Scotia from the Department of National Defence (Crown Assets) said iron post being 30' northerly from the centre line of a roadway leading from the Masstown Road to the Debert-Belmont Highway, the calculated straight line bearing and distance being N 22° 22' 29" E, 12,934.96';


Thence following the south boundary of the aforesaid lot of land owned by the Province of Nova Scotia, said boundary being 30' northerly from the centre line of aforesaid roadway, and parallel to it, to iron survey marker 1157, straight line bearing and distance being S 72° 17' 05" E, 1,318.41';


Thence following the eastern boundary of aforesaid lot of land owned by the Province of Nova Scotia N 26° 42' 17" E, 1,925.97' to iron survey marker 1156 set on the south boundary of the Canadian National Railway Right of Way;


Thence following said south boundary of the Canadian National Railway S 7° 34' 32" E, 1,984.83' to concrete survey marker DND 4 at the intersection of the said boundary and southwest boundary of the Debert-Belmont Highway;


Thence following the said southwest boundary of the Debert-Belmont Highway, S 46° 34' 27" E, 192.62' to iron survey marker 1138;


Thence following the north-western boundary of lands being retained by the Department of National Defence S 45° 02' 40" W, 369.43' to iron survey marker 1137A;


Thence following the boundary of said Department of National Defence lands S 43° 58' 47" W, 1,072.29' to iron survey marker 1137;


Thence following the boundary of said Department of National Defence lands S 57° 59' 34" W, 202.32' to iron survey marker 1136;


Thence following the boundary of said Department of National Defence lands S 74° 47' 12" W, 340.52' to iron survey marker 1135;


Thence following the boundary of said Department of National Defence lands S 15° 32' 57" E, 349.84' to iron survey marker 1134;


Thence following the boundary of said Department of National Defence lands

S 29° 36' 44" W, 1,994.00' to iron survey marker 1133;


Thence following the boundary of said Department of National Defence lands

 S 45° 04' 49" E, 487.52' to iron survey marker 1132;


Thence following the boundary of said Department of National Defence lands

S 45° 04' 03" W, 464.07' to iron survey marker 1131;


Thence following the boundary of said Department of National Defence lands

S 45° 01' 18" E, 794.06' to iron survey marker 1130;


Thence following the boundary of said Department of National Defence lands

N 70° 38' 38" E, 872.57' to iron survey marker 1129;


Thence following the boundary of said Department of National Defence lands

 S 15° 19' 25" E, 2,850.84' to iron survey marker 1128;


Thence following the southern boundary of said Department of National Defence lands N 64° 22' 11" E, 5,152.68' to iron survey marker 1127;


Thence following the southern boundary of said Department of National Defence lands N 35° 08' 43" E, 364.89' to iron survey marker 1126 set on the south-west boundary of the Debert to Belmont public highway;


Thence following the said highway boundary south easterly to iron survey marker 1125, the straight line bearing and distance being S 30° 10' 43" E, 2,115.37';


Thence following the boundary of lands being retained by Department of National Defence S 60° 50' 48" W, 199.90' to iron survey marker 1124;


Thence following the boundary of said Department of National Defence lands

S 29° 07' 33" E, 199.70' to iron survey marker 1123;


Thence following the boundary of said Department of National Defence lands N 60° 53' 13" E 199.95' to iron survey marker 1122 set on the southwest boundary of the Debert to Belmont public highway aforesaid;


Thence N 60° 53' 26" E, 66.00' crossing said public highway to iron survey marker 1121 set on the northeast boundary thereof;


Thence following the boundary of lands retained by Department of National Defence

N 60° 53' 26" E, 103.54' to iron survey marker 1120;


Thence following the boundary of said Department of National Defence lands

N 31° 03' 09" W, 3,066.74' to iron survey marker 1119;


Thence following the boundary of said Department of National Defence lands

N 10° 27' 25" E, 3,014.77' to iron survey marker 1118 set on the south boundary of the Canadian National Railway right of way;


Thence following the said Canadian National Railway boundary S 79° 33' 08" E, 5,954.51' to the place of beginning.


Also:


Beginning at iron survey marker 1139 set at the intersection of the south-west boundary of the Debert to Belmont Highway and the north boundary of a lot of land now owned by the Canadian National Railway adjacent to the Canadian National Railway Main Line from Truro to Moncton, N 45° 33' 40" W, 267.30' from concrete survey marker DND 4 as described in lot above, as shown on a plan of survey signed by David L. Crooker, N.S.L.S. on the 10th day of May, 1972, and recorded in the Crown Land Records, Department of Lands and Forests, Halifax, as Field Plot No. P-61/72;


Thence following the north boundary of said Canadian National Railway’s property

N 79° 32' 08" W, 473.10' to iron survey marker 1140;


Thence following the boundary of said Canadian National Railway’s property

N 10° 27' 10" E, 99.92' to iron survey marker 1141;


Thence following the north boundary of said Canadian National Railway’s property

N 79° 59' 02" W, 460.05' to iron survey marker 1142;


Thence following the west boundary of the said Canadian National Railway’s property

S 18° 27' 32" W, 151.01' to iron survey marker 1143 set on the north boundary of Canadian National Railway right of way aforesaid;


Thence following the north boundary of the said Canadian National Railway right of way N 79° 35' 19" W, 935.57' to iron survey marker 1144;


Thence following a line parallel to and fifty feet north and west from the centre line of the railway spur line to the former military magazine area to iron survey marker 1145 the straight line bearing and distance being N 50° 01' 58" E, 803.51';


Thence following a line parallel to and fifty feet west from the centre line of said railway spur line N 04° 55' 34" E, 381.72' to iron survey marker 1146 set at the intersection of said line and the south boundary of the Debert to Belmont highway;


Thence following the south boundary of said highway S 46° 22' 24" E, 127.21' to iron survey marker 1147 set at the north west corner of the property of Carl Adshade;


Thence following the west boundary of said Adshade property S 04° 47' 33" W, 307.96' to iron survey marker 1148;


Thence following the west boundary of said Adshade property S 08° 16' 06" W, 106.90' to iron survey marker 1153;


Thence following the southern boundary of said Adshade property S 45° 34' 27" E, 210.05' to iron survey marker 1149;


Thence following the east boundary of the said Adshade property N 27° 08' 49" E, 234.87' to iron survey marker 1150;


Thence following the boundary of the said Adshade property N 45° 35' 01" W, 99.93' to iron survey marker 1151;


Thence following the boundary of the said Adshade property N 44° 15' 59" E, 99.98' to iron survey marker 1152 set on the south west boundary of the Debert to Belmont highway;


Thence following the south west boundary of said highway south easterly to iron survey marker 1139, the place of beginning, the straight line bearing and distance being S 45° 38' 40" E, 1,276.12'.


Also:


Beginning at iron post number 1118 situate on the southerly boundary of lands of the Canadian National Railway as shown on plan number E-15-1A on file in the Crown Land Records, Department of Lands and Forests, Halifax;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, S 09° 39' 05" W, 3,015.18' along lands of the Province of Nova Scotia to iron post 1119 situate on the northerly boundary of lands of the Department of National Defence;


Thence N 45° 44' 27" W, 729.34' along lands of the Department of National Defence to iron post 1118B;


Thence N 09° 39' 29" E, 2,601.00' along lands of the Department of National Defence to iron post 1118A situate on the aforementioned southerly boundary of lands of the Canadian National Railway;


Thence S 80° 20' 40" E, 600.00' along the said southerly boundary of lands of the Canadian National Railway to the place of beginning.


Also:


Beginning at iron post number 1127B situate on the southerly boundary of a public road as shown on plan number E-15-1A on file in the Crown Land Records, Department of Lands and Forests, Halifax;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, S 53° 34' 23" E, 111.82' along the said southerly boundary of the public road to an iron post at the beginning of a curve to the right, said curve having a central angle of 21° 19' 25" and a radius of 2,334.10';


Thence continuing along the arc of the curve in the said southerly boundary of the public road, 868.67' to an iron post at the end of the said curve;


Thence continuing along the said southerly boundary of the public road S 32° 14' 58" E, 316.69' to iron post 1126;


Thence S 34° 22' 22" W, 364.89' along lands of the Province of Nova Scotia to iron post 1127;


Thence continuing along lands of the Province of Nova Scotia S 63° 35' 50" W, 1,044.84' to iron post 1127A;


Thence N 09° 39' 29" E, 1,757.49' along lands of the Department of National Defence to the place of beginning.


Also:


Beginning at an iron pin set in the intersection of the West boundary of the herein described property and the North boundary of the highway leading from the Trans Canada highway to Debert as shown on Plan number P-77/74 on file in the Crown Land Records, Department of Lands and Forests, Halifax;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, N 04° 05' 40" E, 2,088.04' along the lands of United Baptist Church, Stuart Lynch, Debert Community Council and the Nova Scotia Land Settlement Board, respectively, to an iron pin;


Thence S 34° 28' 19" E, 262.96' along the lands of the Grantee to an iron pin;


Thence S 88° 22' 05"E, 38.00' along the lands transferred by the Grantee to Atlantic Resource Consultants Limited to an iron pin;


Thence S 04° 05' 40" W, 590.00' along the lands of the Nova Scotia Land Settlement Board to an iron pin;


Thence S 87° 01' 11" E, 33.11' along the lands of the Nova Scotia Land Settlement Board to a concrete monument;


Thence S 20° 30' 16" W, 155.75' along the lands of Nova Scotia Land Settlement Board to a concrete monument;


Thence S 52° 50' 51" E, 461.44' along the lands of the Nova Scotia Land Settlement Board to an iron pin;


Thence N 85° 53' 08" W, 324.60' along the lands to be retained by the Department of National Defence to an iron pin;


Thence S 04° 06' 32" W, 640.00' along the lands to be retained by the Department of National Defence to an iron pin;


Thence 18° 26' 00" W, 391.22' along the lands to be retained by the Department of National Defence to an iron pin set in the north margin of the above mentioned highway;


Also:


Beginning at a survey marker on the northeast corner of lands now or formerly owned by Cecil Stack on the south boundary of the Debert-Belmont Road as shown on a plan of survey number 67-33-1 signed by Kenneth P. MacDonald, N.S.L.S., dated March 11, 1968;


From thence (by Magnetic 1967 Bearings) S 73° 40' 30" E, along the south boundary of the Debert-Belmont Road 1,046.5' to a survey marker on the northwest corner [o]f other lands now or formerly of Cecil Slack;


Thence S 17° 06' W along the west boundary of other lands now or formerly of Cecil Slack 486.3' to a survey marker on the south west corner of the said lands of Cecil Slack;


Thence S 50° 54' E along the south boundary of lands now or formerly of Cecil Slack, Fred Walsh, and Mrs. George Sanford 1,071.4' to a survey marker;


Thence S 65° 15' E continuing along the said south boundary of lands of Mrs. George Sanford and along the south boundary of lands now or formerly of Fred Stevens 381' to a survey marker;


Thence following a curve along the said lands of Fred Stevens 595.09', the chord being S 29° 03' 30" E, 585' to a survey marker on the west boundary of lands now or formerly of Howard McDorman;


Thence following a curve along the said lands of Howard McDorman 1,216.93' the chord being S 08° 23' W 1,195' to a survey marker on the east boundary of lands now or formerly of Fred Stevens;


Thence following a curve along the said lands of Fred Stevens 899.57' the chord being

S 39° 32' W, 897' to a survey marker on the north west corner of the said lands of Fred Stevens;


Thence S 8° 49' W along the west boundary of lands now or formerly of the said Fred Stevens 610' to a survey marker;


Thence N 80° 52' W along the north boundary of lands now or formerly of Mr. George Sanford, Fred Walsh, and Nova Scotia Land Settlement Board 1,605' to a survey marker;


Thence N 64° 30' W along the north boundary of the said lands of Nova Scotia Land Settlement Board 1,223.55' to a survey marker;


Thence N 10° 37' W, 1,101.2' to a survey marker on the east boundary of lands now or formerly of Edward Rector;


Thence N 21° 25' E along the east boundary of lands now or formerly of Edward Rector, Ronald Rector and Gervin Rector 263' to a survey marker on the northeast corner of the said lands of Gervin Rector;


Thence N 71° 31' W along the north boundary of the said lands of Gervin Rector 117.5' to a survey marker on the south east corner of lands now or formerly of Clara Scott;


Thence N 21° 49' E along the east boundary of lands now or formerly owned or occupied by Clara Scott, Lloyd Taylor, Ira Coulter, Clyde Totten, A. Murphy, Fred McKinnon, Carl Adshade and Albert Swan 1,288' to a survey marker on the northeast corner of the said lands of Albert Swan;


Thence S 73° 15' 30" E along the south boundary of land now or formerly of the Estate of William MacKay 108' to a survey marker;


Thence N 29° 30' 30" along the east boundary of the said lands of Estate of William MacKay 460' to a survey marker;


Thence N 16° 41' W, 10' to a steel rail;


Thence N 75° 37' 30" W along the north boundary of the said lands of Estate of William MacKay 165' to a survey marker;


Thence N 21° 53' 30" E along lands now or formerly of Cecil Slack 742.9' to a survey marker;


Thence S 73° 23' 30" E, 453' to a steel rail on the southeast corner of the said lands of Cecil Slack;


Thence N 14° 07' 30" E along the east boundary of the said lands of Cecil Slack 269' to a survey marker on the north east corner of the said lands of Cecil Slack on the south boundary of the Debert-Belmont road and the place of beginning.


Also:


Beginning at an iron pin set on the north bank of Beaver Brook, so called as shown on plan number P-77/74A on file in the Crown Land Records, Department of Lands and Forest, Halifax;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, westerly along the above mentioned brook to the east bank of Debert River at which point a reference pin is set which pin being N 78° 18' 18" W, 776.16' from the last-mentioned iron pin;


Thence northerly along the east bank of the Debert River to an iron pin which pin being

N 4° 47' 01" W, 515.38' from the last mentioned reference pin;


Thence S 82° 15' 10" E, 244.02' along the lands of Fred Barley to an iron pin;


Thence S 7° 45' 52" W, 216.27' along the lands of said Fred Barley to an iron pin;


Thence S 86° 29' 45" E, 589.34' along the lands of the said Fred Barley to an iron pin;


Thence S 0° 20' 18" E, 387.70' along the lands of Royce Totten and James Matheson, respectively, to the place of beginning.


Also:


Beginning at Nova Scotia Control Monument 9542 as shown on a Plan of Survey No.

E-10-32 filed in the Crown Land Records Office, Halifax;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, S 55° 04' 16" E, 1,252.45' to a found iron post No. C 371, said post being on the eastern boundary of lands formerly owned by the Department of National Defence now owned by the Province of Nova Scotia;


Thence continuing along the eastern boundary of lands of the Province of Nova Scotia

S 10° 33' 26" W, 341.80' to an iron post, said post hereinafter referred to as the place of beginning;


Thence continuing along the eastern boundary of lands of the Province of Nova Scotia

S 10° 33' 26" W, 193.68' to an iron post;


Thence S 79° 41' 04" E, 62.01' to an iron post;


Thence N 10° 18' 56" E, 193.67' to an iron post;


Thence N 79° 41' 04" W, 61.20' to the place of beginning.


Also:


Beginning at a point 50' more or less below the southeast corner of the intersection of the rights-of-way of the Masstown Road and the Canadian National Railway;


Thence (by astronomic bearings) S 79° 31' 20" E parallel to the said right of way to the Canadian National Railway 671';


Thence N 48° 18' 40" E, 63.2' to a point;


Thence S 79° 31' 20" E along the southern right of way of the Canadian National Railway 610' more or less to a point;


Thence southwesterly 2,050' more or less to the point of intersection of the former Department of National Defence land, said intersection of lines to be 30.0' north of the centre line of the roadway;


Thence northwesterly parallelling the roadway at a distance of 30.0', north of the centre line of the roadway, a distance of 1,320' northwest to the intersection of the Masstown Road;


Thence northeasterly, 1,825' more or less along the Masstown Road right of way to the point of beginning.


Also:


Lands conveyed to Industrial Estates Limited from Mactara Limited by deed dated April 17, 1979, recorded in Registry of Deeds, Truro, in Book 452 at Page 265, said lands being Index No. 25 as designated on “Index Plan number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Robert R. Murray, N.S.L.S., dated April 14, 1979.


Also:


Sewer Line Easement Agreement with Her Majesty the Queen in Right of Canada (National Defence), dated May 3, 1982. National Defence File No. 7821-D36-J001 (D Law/P2).


Also:


Fire Control Panel License Agreement with Her Majesty the Queen in Right of Canada (National Defence), dated July 27, 1979. National Defence File No. 7665-D36 (D Law/P).


Also:


Excepting and reserving from the above-described lands Lot 101 as designated on the aforementioned “Index Plan”, said lot having been sold to Springhill Homes and Supplies Ltd., said lot being more particularly described as follows:


Beginning at iron post No. 5 as shown on plan number E-8-75 on file in the Crown Land Records, Department of Lands and Forests, Halifax;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 65° 30' west longitude, S 45° 44' 27" E, 105.76' more or less to iron post no. 1119;


Thence S 31° 48' 42" E, 999.54 more or less to iron post No. 1;


Thence N 52° 55' 34" E, 869.94' more or less to iron post No. 2;


Thence N 32° 31' 37" W, 804.33 ' more or less to iron post No. 3;


Thence N 32° 31' 37" W, 299.10' more or less to iron post No. 4;


Thence S 52° 55' 34" W, 881.63' more or less to the place of beginning containing 21.82 acres more or less;


Also:


Excepting and reserving from the above-described lands Lot 102 as designated on the aforementioned “Index Plan”, said lot having been sold to Newmac Manufacturing Ltd., said lot being more particularly described as follows:


Beginning at the intersection of the northern boundary of Lot 9 with the eastern boundary of the proposed street as shown on a plan of survey E-8-75 prepared by the Province of Nova Scotia, Department of Lands and Forests, Surveys Division, dated May 29, 1974;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, N 9° 39' 05" E, 199.99' along the eastern boundary of the proposed street to an iron post;


Thence northeasterly along the proposed street boundary, along the arc of a curve 157.09' to an iron post, said post being N 54° 38' 50" E, 141.44' form the last described point;


Thence S 80° 21' 28" E, 557.98' along the proposed street boundary to the intersection with the western boundary of a proposed C.N.R. main spur line;


Thence S 9° 39' 05" W, 299.99' along the proposed C.N.R. main spur line to the intersection with the northern boundary of Lot 9;


Thence N 80° 21' 28" W, 657.97 along the northern boundary of Lot 9 to the point of beginning containing 4.47 acres more or less;


Also:


Excepting and reserving from the above-described lands of Lot 103 as designated on the aforementioned “Index Plan”, said lot having been sold to J.W. Lindsay Ltd., said lot being more particularly described as follows:


Beginning at the intersection of the northen boundary of Lot 11 with the eastern boundary of the proposed street as shown on a plan of survey E-8-75 prepared by the Province of Nova Scotia, Department of Lands and Forests, Surveys Division, dated May 29, 1974;


From thence (by grid bearings) based on the Nova Scotia 3° modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, N 9° 39' 05" E, 299.99' along the eastern boundary of the proposed street to the intersection with the southern boundary of Lot 9;


Thence S 80° 21' 28" E, 657.97 along the southern boundary of Lot 9 to the intersection with the western boundary of a proposed C.N.R. main spur line;


Thence S 9° 39' 05" W, 299.99' along the proposed C.N.R. main spur line to the intersection with the northern boundary of Lot 11;


Thence N 80° 21' 28" W, 657.97' along the northern boundary of Lot 11 to the point of beginning containing 4.53 acres more or less;


Saving and excepting from Lot 103 above-described a 10.00 wide easement situate along the southern portion of Lot 10 as shown on said plan.


Also:


Excepting and reserving from the above-described lands Lot 104 as designated on the aforementioned “Index Plan”, said lot having been sold to Wesken Industries Ltd., said lot being more particularly described as follows:


Beginning at a survey marker on the south side of a right of way, (said right of way leading to the Debert-Lower Onslow Highway), as shown on a plan of survey number 19-31, signed by K.P. MacDonald, N.S.L.S., dated March 12, 1973;


From thence (by Magnetic 1967 Bearings), N 59° 53' E along the southern side of said right of way 200.0' to a survey marker;


Thence S 30° 07' E, 100.0' to a survey marker;


Thence S 59° 53' W, 200.0' to a survey marker;


Thence N 30° 07' W, 100.0' to a survey marker on the south side of the right of way and the place of beginning.


Together with a right of way from Lot 104, above-described to the Debert-Lower Onslow main highway, across lands herein being conveyed.


Also:


Excepting and reserving from the above-described lands Lot 105 as designated on the aforementioned “Index Plan”, said lot having been sold to Maritime Fence Co. Ltd., said lot being more particularly described as follows:


Beginning at a survey marker on the northern boundary of a 50' proposed industrial lead track right of way, as shown on a plan of survey signed by Kenneth P. MacDonald, N.S.L.S., dated January 28, 1974;


From thence (by Magnetic 1967 Bearings) N 30° 34' W along a chain link fence a distance of 152.46' to a metal fence post corner;


Thence N 27° 51' E along a chain link fence 152.15' to a metal fence post corner;


Thence S 66° 08' along a chain link fence 22.85' to a metal fence post corner;


Thence N 27° 54' E along a chain link fence 1,666.20' to a survey marker;


Thence S 62° 11' E, 380.0' to a survey marker on the western boundary of a 66' proposed road;


Thence S 27° 54' W along the western boundary of a 66' proposed road 45.0' to a survey marker;


Thence S 22° 06' E along the western boundary of said 66' proposed road 540.0' to a survey marker;


Thence S 29° 26' W, 320.0' to a survey marker;


Thence S 30° 26' E, 125.0' to a survey marker on the northern boundary of a 50' proposed industrial lead track right of way;


Thence S 59° 43' W along the northern boundary of a 50' proposed industrial lead track right of way 626.70' to a pipe;


Thence S 66° 35' W along the northern boundary of said proposed 50' industrial lead track right of way 595.10' to an iron rod;


Thence S 60° 58' W continuing along the north boundary of said proposed 50' industrial lead track right of way 150.0' to a survey marker on the chain link fence and the place of beginning, containing 25.4 acres more or less.


Also:


Reserving out Lot 105 above-described, two 40' rights-of-way for maintenance of water lines. Center lines of said rights-of-way described as follows:


First - beginning at a point on the northern boundary of said 50' proposed industrial lead track right-of-way 477.8' more or less east of the survey marker at the place of beginning for Lot 105 described above;


Thence following by center line of water line N 25° 55' E, 165.3';


Thence N 28° 55' E, 353.4';


Thence N 27° 02' E, 452.8';


Thence N 27° 56' E, 367.2';


Thence N 29° 55' E, 125.1' more or less to the western boundary of a 66' proposed road.


Second - A 40' right-of-way leading from the First above-described right-of-way center line, described as follows:


Beginning at a point of connection of the center line of water line leading to Wesken Industrial Ltd., with center line of the water line of lst above-described right-of-way, said point of beginning located N 25° 55' E, 35.6' north of the northern boundary of a 50' proposed industrial lead track right-of-way;


Thence S 16° 12' E along center line of right-of-way of water line leading to Wesken Industries Ltd., 23.5' more or less to the northern boundary of a 50' industrial lead track right-of-way.


Also:


Excepting and reserving from the above-described Lot 106 as designated on the aforementioned “Index Plan”, said lot having been sold to Atlantic Resource Consultants Ltd., said lot being more particularly described as follows:


Beginning at a survey marker st at the intersection of the north line of lands now or formerly of the Nova Scotia Land Settlement Board and the east margin of the road entering lands of the Grantor, which marker being S 10° 37' E, by the magnet of the year 1967, from a survey marker set on the Grantor’s property line, as shown on a plan of survey prepared by Atlantic Resource Consultants Limited, dated February 5, 1974;


From thence (by Magnetic 1967 Bearings) N 58° 01' E, 283.25' along the east margin of a proposed road to a spike;


Thence S 30° 30' E, 309.10' along other lands of the Grantor to a survey marker;


Thence S 25° 30' W, 66.05' along other lands of the Grantor, to a survey marker;


Thence N 64° 30' W, 408.51' along the lands now or formerly of the Nova Scotia Land Settlement Board, to the place of beginning, containing 1.5 acres more or less;


Also:


Excepting and reserving from the above-described lands Lot 107 as designated on the aforementioned “Index Plan”, said lot having been sold to Dominion Biologicals Ltd., said lot being more particularly described as follows:


Beginning at an iron pin set at the intersection of the East line of lands of Atlantic Resource Consultants Limited and the south margin of the Highway leading into the Debert Industrial Park, which pin being N 34° 08' 55" E, 283.25' from an iron pin set in the northwest corner of lands of said Atlantic Resource Consultants Limited as shown on a plan of survey prepared by G.E. Hingley, N.S.L.S., dated September 15, 1975;


From thence (by grid bearings) based on the Nova Scotia 3° Modified transverse mercator projection, zone 5, central meridian 64° 30' west longitude, N 34° 08' 55" E, 107.0' along the south margin of said highway, to an iron pin set at the start of a curve to the right;


Thence northeasterly along the arc of a curve having a radius of 57.67' and a tangent of 18.0' for a distance of 34.9' to an iron pin;


Thence N 68° 47' 51" E, 182.0' along the south margin of the above-mentioned highway to an iron pin;


Thence S 21° 12' 09" E, 362.94' along other lands of the Debert Industrial Park, to an iron pin;


Thence S 82° 42' 45" W, 137.87' along the lands to be retained by the Debert Industrial Park, to an iron pin;


Thence N 54° 22' 05" W, 309.1' along the lands of Atlantic Resources Consultants Limited to the place of beginning, containing 1.75 acres more or less.


Also:


Excepting and reserving from the above-described lands Lot 108 as designated on the aforementioned “Index Plan”, said lot having been sold to Kent Manufacturing Limited, said lot being more particularly described as follows:


Beginning at the intersection of the southern boundary of the right-of-way of the C.N.R. and the southeastern boundary of a 66' road right-of-way located in the Debert Industrial Park, said point being marked as Department of National Defence Post No. 1, as shown on a plan prepared by Hughes Surveys Limited, dated July 4, 1972;


From thence (by astronomic bearings) S 79° 34' 03" E along the southern boundary of the C.N.R. right-of-way 671.07' to the D.N.D. Post No. 2;


Thence N 48° 12' 02" E along the railway right-of-way 63.17' to D.N.D. Post No. 3;


Thence continuing along the railway right-of-way S 79° 34' 13" E, 609.50;


Thence S 26° 42' 17" W, 3,184.85;


Thence S 76° 31' 55" W, 428.53;


Thence N 45° 06' 42" W, 1,072.95' to the southeastern boundary of a 66' road right-of-way;


Thence along the southeastern boundary of the aforementioned road right-of-way

N 28° 41' 01" E, 2,121.26';


Thence continuing along the road right-of-way N 27° 49' 30" E, 600.00' to the point of beginning, containing an area of 91.8 acres more or less.


Together with a right-of-way from Lot 108 above-described, across lands herein conveyed, for motor vehicles and pedestrians over and along the 66' right-of-way as shown on the above mentioned plan;


Excepting and reserving from Lot 108 above-described, a right-of-way for motor vehicles and pedestrians over and along the portion of the 66' right-of-way as shown on the above-mentioned plan.


Also:


Excepting and reserving from the above-described lands Lot 109 as designated on the aforementioned “Index Plan”, said lot having been sold to Atlantic Truck Manufacturing Ltd., said lot being more particularly described as follows:


Beginning at a survey marker No. 1164 located at the southeast corner of the Department of National Defence Radio Beacon Tower Site, Lot “A” Debert Industrial Park, as shown on a plan prepared by Hughes Surveys Limited, dated July 4, 1972;


From thence (by astronomic bearings) N 44° 59' 11" W along the northeastern boundary of the aforementioned Radio Beacon Tower Site and its prolongation 212.16';


Thence N 29° 36' 44", 300.00';


Thence S 46° 23' 15" E, 300.00 to the northwestern boundary of a 66' right-of-way;


Thence S 29° 36' 44" W along the aforementioned right-of-way 300.0';


Thence S 46° 21' 18" E, 68.03' to survey marker No. 1133;


Thence S 45° 04' 49" E, 487.52';


Thence S 45° 04' 03" W, 464.07';


Thence N 45° 01' 18" W, 694.63;


Thence N 45° 04' 03" E, 206.36' to southwestern boundary of the Radio Beacon Tower Site;


Thence S 44° 58' 44" E, 57.53';


Thence N 45° 00' 45" E along the southeastern boundary of the Tower Site 253.61' to the point of beginning, containing 9.1 acres, more or less.


Together with a right-of-way from Lot 109 above-described across lands herein being conveyed for motor vehicles and pedestrians over and along the 66' right-of-way as shown on the above mentioned plan.


Excepting and reserving from Lot 109 above-described, a right-of-way for motor vehicles and pedestrians over and along the portion of the 66' right-of-way as shown on the above mentioned plan.


Also:


Excepting and reserving from the above described lands Lot 13 as designated on the aforementioned “Index Plan” also known as “Lot No. 20,” as shown on a plan of survey number 75-054 prepared by G.E. Hingley, N.S.L.S., dated September 15, 1975, being more particularly described as follows:


Beginning at the northeast corner of Lot No. 21, said point being on the western boundary of the public road as shown on the said Hingley plan;


Thence N 04° 02' 25" E, 254.58' along the western boundary of the said public road to a point, said point being on the southern boundary of Lot No. 19;


Thence N 86° 06' 51" W, 380.09' along a portion of the southern boundary of Lot No. 19 to a point, said point being the southwest corner of Lot No. 19, said point also being on the western boundary of the subdivision;


Thence S 04° 01' 18" W, 254.58' along the western boundary of the subdivision to a point, said point being the northwest corner of Lot No. 21;


Thence S 86° 06' 51" E, 380.00' along the northern boundary of Lot No. 21 to the point of beginning, containing 2.22 acres, more or less;


All bearings being 3° modified transverse mercator grid bearings, central meridian 64° 30' west longitude;


Excepting and reserving from the above described Lot 110 on the aforementioned “Index Plan”, said lot being more particularly described as follows:


Beginning at an iron post number 1121 situated on the northeasterly boundary of MacElmon Road leading from the Trans Canada Highway to Debert;


From thence by astronomic bearings north sixty degrees fifty-three minutes twenty-six seconds east (N 60° 53' 26" E) one hundred three decimal five four (103.54) feet to iron post number 1120;


Thence north thirty-one degrees zero three minutes zero nine seconds west (N 31° 03' 09" W) one thousand nine hundred sixty-six decimal seven four (1966.74) feet to iron post Number 1120A;


Thence north fifty-three degrees forty-three minutes fifty-four seconds east (N 53° 43' 54" E) one thousand nine hundred sixty-six decimal seven four (1966.74) feet to iron post Number 1120A;


Thence north fifty-three degrees forty-three minutes fifty-four seconds east (N 53° 53' 54" E) one thousand seven hundred three decimal three six (1703.36) feet to iron post Number 1120B;


Thence north ten degrees twenty-seven minutes twenty-five seconds east (N 10° 27' 25" E) four hundred fifty-eight decimal eight one (458.81) feet to a point;


Thence south thirty degrees thirty-six minutes forty-five seconds east (S 30° 36' 45" E) three thousand eighty-nine decimal one nine (3089.19) feet to a point;


Thence south fifty-three degrees forty-three minutes fifty-four seconds west (S 53° 43' 54" W) two thousand seventy-two decimal eight one (2072.81) feet to a point on the northerly boundary of a highway leading from the aforementioned MacElmon Road to Belmont, said point being also at the beginning of a curve to the right;


Thence following the arc of said curve to the right one hundred ninety-nine decimal eight one (199.81) feet to the end thereof, said end of curve being north fifty-five degrees forty-five minutes eleven seconds west (N 55° 45' 11" W) one hundred ninety decimal six four (190.64) feet from the beginning of a curve, said end of curve being also at the intersection with the aforementioned northeasterly boundary of MacElmon Road;


Thence continuing along the northeasterly boundary of MacElmon Road north twenty-five degrees twenty-three minutes fifteen seconds west (N 25° 23' 15" W) six hundred forty-five decimal eight three (645.83) feet to the place of beginning containing one hundred and thirty (130) acres more or less.


Also including in Lot 110 as designated on the aforementioned “Index Plan” all right and property in the sewer and water fixtures under the soil and all rights of easement necessary to effect renewal of or repair to the said sewer and water fixtures. This right, property and easement being pursuant to the Agreement between Her Majesty the Queen in the right of Nova Scotia and Her Majesty the Queen in the right of Canada dated the day of A.D. 1978, and filed in the Registry of Deeds at Truro in Book Page .


Also:


Excepting and reserving from the above lands to the north and east of Lot 110 as designated on the aforementioned “Index Plan” a non-exclusive license to Her Majesty the Queen in the right of Canada pursuant to the Agreement between Her Majesty the Queen in the right of Canada dated the day of A.D. 1978, and file in the Registry of Deeds at Truro, in Book at Page .


Also:


Excepting and reserving from the above-described lands Index No. 22 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated November 1, 1978, Field Plot No. P-155/78, being Lot No. 428 conveyed to Conley Photographic Supplies Ltd, by deed dated December 11, 1978;


Also:


Excepting and reserving from the above described lands Index No. 34 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on compiled plan Field Plot No. P-241/74 conveyed to Her Majesty the Queen in right of the Province of Nova Scotia (Public Works), by deed dated February 6, 1979.


Also:


Excepting and reserving from the above-described lands Index No. 13 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnstone, N.S.L.S., dated October 26, 1978, Field Plot No. P-154/78, being Lot Nos. 228 and 229 conveyed to Her Majesty the Queen in right of the Province of Nova Scotia (Lands and Forests), by deed dated June 5, 1979.


Also:


Excepting and saving from the above-described lands Index No. 8 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on compiled plan dated December 15, 1977, Field Plot No. P-63/74A, being Lot No. 203 conveyed to Home Hardware Stores Limited, by deed dated July 25, 1979.


Also:


Excepting and reserving from the above-described lands Index No. 3 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated November 28, 1975, Field Plot No. P-157/75, being Lot No. 103, conveyed to Canadian Automotive Radiator Exchange and Manufacturing Limited, by deed dated August 31, 1979.


Also:


Excepting and saving from the above-described lands Index No. 6 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated April 4, 1979, Field Plot No. P-025/79, being Lot No. 126 conveyed to Wesken Industries Limited, by deed dated October 10, 1979.


Also:


Excepting and reserving from the above-described Index No. 23 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated August 21, 1979, Field Plot No. P-067/79, being Lot No. 424 conveyed to Burge Bros. Transfer and Storage Limited, by deed dated October 29, 1979.


Also:


Excepting and reserving from the above-described lands Index No. 18 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated October 24, 1979, Field Plot No. P-092/79, being Lot No. 401 conveyed to Wesken Industries Limited, by deed dated August, 1980.


Also:


Excepting and reserving from the above-described lands Index No. 21 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated July 18, 1983, Field Plot No. P-967/83, being Lot No. 411 conveyed to Pipe Line Supplies (Debert) Limited, by deed dated November 23, 1983.


Also:


Excepting and reserving from the above-described lands Index No. 4 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated September 12, 1983, Field Plot No. P-076/83, being Lot No. 105B conveyed to Canadian Diamond Board, by deed dated April 25, 1984.


Also:


Excepting and reserving from the above-described lands Index No. 32 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated November 13, 1984, Field Plot No. P-166/84, being Lot No. 128 conveyed to F.M. Taylor Trucking Limited, by deed dated December 20, 1984.


Also:


Excepting and reserving from the above-described lands Index No. 29 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated November 2, 1984, Field Plot No. P-167/84, being Lot No. 110 conveyed to Kohler International Limited, by deed dated March 25, 1985.


Also:


Excepting and reserving from the above-described lands Index No. 42 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated April 15, 1986, Field Plot No. P-056/86, being Lot No. 423 conveyed to Specialty Steel Incorporated, by deed dated May 14, 1986.


Also:


Excepting and reserving from the above-described lands Index No. 43 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by, Greg Smith, N.S.L.S., dated January 7, 1988, Field Plot No. P-004/88, being Lot No. 109 conveyed to Kohler International Limited, by deed dated December 12, 1988.


Also:


Excepting and reserving from the above-described lands Index No. 48 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Duncan MacDonald, N.S.L.S. dated May 30, 1989, Filed Plot No. P-078/89, being Lot No. 652 conveyed to Inland Refining Company by deed dated August 1, 1989.


Also:


Excepting and reserving from the above-described lands Index No. 19 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Lee Johnston, N.S.L.S., dated August 24, 1979, Field Plot No. P-068/79, being Lot No. 43 conveyed to J.W. Snook, by deed dated August 30, 1989.


Also:


Excepting and reserving from the above-described lands Index No. 49 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Greg Smith, N.S.L.S., dated August 23, 1989, Field Plot No. P-121/89, being Lot No. 414A conveyed to Hans C. Mosher, by deed dated September 28, 1989.


Also:


Excepting and reserving from the above-described lands Index No. 50 as designated on “Index Plan Number P-004/85 prepared by the Province of Nova Scotia Department of Lands and Forests, Surveys Division, dated December 20, 1984,” more particularly as shown on plan of survey signed by Greg Smith, N.S.L.S., dated August 31, 1989, Field Plot No. P-126/89, being Lot No. 206A conveyed to Sobeys Inc., by deed dated October 4, 1989.


Further excepting and reserving from the lands herein being conveyed any and all other existing agreements, easements, or rights-of-way and all public highways and public utilities.


Further saving and excepting therefrom Lot 651, Lot 10, Lot 13, Lot 12, Lot 11, Lot 91-G, Lot 618, Lot 231, and Lot 652.



Excepting and reserving from the above-described lands the following:

 

1.    Lot No. 01-1, surveyed by Stevan J. Forbes, in plan dated April 10, 2001 containing 16.45 acres, conveyed to Fairview Farms Limited by deed dated May 9, 2001 and registered in the Registry of Deeds for Colchester County on May 24, 2001 in Book 982 Page 630-633.

 

2.    Lot No. 618-A, surveyed by Bruce A. MacQuarrie, in Field Plot # P-082/00 dated May 3, 2000 containing 8.85 acres, conveyed to TDL Group Ltd. by deed dated June 30, 2000 and registered in the Registry of Deeds for Colchester County on July 14, 2000 in Book 956 Page 189-194.

 

3.    Lot No. 106, surveyed by Duncan R. MacDonald, in Field Plot # P-125/95 dated September 21, 1995 containing 6.0 acres, conveyed to Canadian Automotive Radiator Exchange and Manufacturing Limited by deed dated December 29, 1997 and registered in the Registry of Deeds for Colchester County on January 9, 1998 in Book 880 Page 274-279.

 

4.    Lot No. 108, surveyed by Duncan R. MacDonald, in Field Plot # P-137/97 dated April 15, 1997 containing 3.85 acres, conveyed to Kohler International Limited by deed dated June 27, 1997 and registered in the Registry of Deeds for Colchester County on July 30, 1997 in Book 866 Page 837-841.

 

5.    Lot No. 156, surveyed by E.C. Keen, in plan dated March 4, 1996 containing 25.08 acres, conveyed to 85903 Holdings Limited by deed dated July 15, 1996 and registered in the Registry of Deeds for Colchester County on July 23, 1996 in Book 836 Page 556-562.

 

6.    Lot No. 96, surveyed by V. Douglas MacLeod, in plan dated February 20, 1996 containing 15,984 square feet, conveyed to Cook's Chick Hatchery Limited by deed dated July 22, 1996 and registered in the Registry of Deeds for Colchester County on July 30, 1996 in Book 837 Page 236-240.

 

7.    Lot No. 95-1, surveyed by Gary G. Grant, in plan dated April 10, 1995 containing 0.081 hectares, conveyed to Nova Scotia Power Inc. by deed dated August 10, 1995 and registered in the Registry of Deeds for Colchester County on December 22, 1995 in Book 820 Page 885-888.

 

8.    Lot No. 104, surveyed by Greg Smith, in Field Plot # P-061/88 dated June 6, 1988 containing 1.961 acres, conveyed to Canadian Automotive Radiator Exchange and Manufacturing Limited by deed dated April 28, 1994 and registered in the Registry of Deeds for Colchester County on May 25, 1994 in Book 780 Page 254-258.

 

9.    Lot No. 105A, surveyed by Duncan R. MacDonald, in Field Plot # P-128/94 dated September 1, 1994 containing 2.17 acres, conveyed to Canadian Automotive Radiator Exchange and Manufacturing Limited by deed dated October 18, 1994 and registered in the Registry of Deeds for Colchester County on December 9, 1994 in Book 795 Page 273-277.

 

10.  Lot No. 92-I, surveyed by Kenneth P. MacDonald, in plan dated March 23, 1993 containing 1.491 acres, conveyed to Clifton H. Wood by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on August 23, 1993 in Book 761 Page 572-574.

 

11.  Lot No. 92-A, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 6.804 acres, conveyed to Daniel A. Decoste and Pamela M. Decoste by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on April 6, 1995 in Book 801 Page 564-567.

 

12.  Lot No. 92-F, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 7.751 acres, conveyed to David P. Ferguson and Beverly A. Ferguson by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on [●] in Book [●] Page [●].

 

13.  Lot No. 92-C, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 1.63 acres, conveyed to Charles S. Lockhart and Joyce S. Lockhart by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on [●] in Book 755 Page 767.

 

14.  Lot No. 92-B, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 2.385 acres, conveyed to Aubrey R. Rector by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on June 22, 1993 in Book 756 Page 460-462.

 

15.  Lot No. 92-H, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 4.306 acres, conveyed to Michael L. Geldart by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on [●] in Book [●] Page [●].

 

16.  Lot No. 92-E, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 3.805 acres, conveyed to Elmer I. Coulter and Norma J. Coulter by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on October 19, 1993 in Book 766 Page 230-232.

 

17.  Lot No. 92-D, surveyed by Kenneth P. MacDonald, in plan dated March 9, 1993 containing 3.296 acres, conveyed to Robert N. Taylor and Deborah A. Taylor by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on June 14, 1993 in Book 755 Page 767-769.

 

18.  Lot No. 92-G, surveyed by Kenneth P. MacDonald, in plan dated March 23, 1993 containing 2.945 acres, conveyed to Samuel M. Worthington and Constance J. Worthington by deed dated May 25, 1993 and registered in the Registry of Deeds for Colchester County on July 2, 1993 in Book 757 Page 492-494.

 

19.  Lot No. 10, surveyed by A. Howard Murray, in plan dated August 20, 1956 containing 2.75 acres, conveyed to Douglas Glenn Langille and Kathy Lynn Langille by deed dated March 12, 1992 and registered in the Registry of Deeds for Colchester County on October 13, 1993 in Book 765 Page 787-790.

 

20.  Lot No. 651, surveyed by Duncan MacDonald, in plan # P-136/91 dated September 25, 1991 containing 6.43 acres, conveyed to Inland Environmental Services Limited by deed dated April 10, 1992 and registered in the Registry of Deeds for Colchester County on April 21, 1992 in Book 726 Page 246-249.

 

21.  Lot No. 12, surveyed by A. Howard Murray, in plan dated August 20, 1956 containing 19.89 acres, conveyed to Carl A. Warner and Greta M. Warner by deed dated May 17, 1991 and registered in the Registry of Deeds for Colchester County on May 31 1991 in Book 702 Page 791-793.

 

22.  Lot No. 11, surveyed by A. Howard Murray, in plan dated August 20, 1956 containing 29.6 acres, conveyed to Fred R. MacKinnon and Laura C. MacKinnon by deed dated May 17, 1991 and registered in the Registry of Deeds for Colchester County on May 27, 1991 in Book 702 Page 240-242.

 

23.  Lot No. 618, surveyed by Duncan MacDonald, in plan # P-153/90 dated August 31, 1990 containing 4.82 acres, conveyed to Tim Donut Limited by deed dated April 11, 1991 and registered in the Registry of Deeds for Colchester County on May 1, 1991 in Book 700 Page 262-266.

 

24.  Lot No. 13, surveyed by A. Howard Murray, in plan dated August 20, 1956 containing 1.83 acres, conveyed to William M. Glen and Dorothy B. Glen by deed dated May 17, 1991 and registered in the Registry of Deeds for Colchester County on May 30, 1991 in Book 702 Page 692-694.

 

25.  Lot No. 91-G, surveyed by Kenneth P. MacDonald, in plan dated September 25, 1991 containing 20.07 acres, conveyed to Nova Scotia Farm Loan Board by deed dated October 24, 1991 and registered in the Registry of Deeds for Colchester County on January 8, 1992 in Book 720 Page 228-231.

 

26.  Lot No. 231, surveyed by Duncan MacDonald, in plan # P-152/90 dated August 31, 1990 containing 2.065 acres, conveyed to Nova Pak Incorporated by deed dated September 11, 1990 and registered in the Registry of Deeds for Colchester County on September 17, 1990 in Book 682 Page 925-928.

 

27.  Lot No. 652, surveyed by Duncan MacDonald, in plan # P-078/89 dated May 30, 1989 containing 10.41 acres, conveyed to Inland Rerefining Company by deed dated April 2, 1990 and registered in the Registry of Deeds for Colchester County on June 25, 1990 in Book 675 Page 313-318.

 

28.  Parcel A, Cobequid Subdivision (Debert Industrial Park as shown on a plan of survey Field Plot No. P-105/01) signed on the 10th day of October, 2001 by Bruce A. MacQuarrie, Nova Scotia Land Surveyor containing 3.35 acres and conveyed to Envirosysterns Incorporated by deed dated October 22, 2001 and registered in the Registry of Deeds for Colchester County on November 15, 2001 in Book 1003 Page 377-382.


Also excepting and reserving

 

1.    Parcel A, Cobequid Subdivision (Debert Industrial Park as shown on a plan of survey Field Plot No. P-037/07) signed on the 10th day of July, 2007 by Bruce A. MacQuarrie, Nova Scotia Land Surveyor and registered in the Registry of Deeds for Colchester County on November 27, 2007 as No. 89401146.

 

2.    Lot No. 209, Paleao subdivision Debert Industrial Park, as shown on a plan of survey (Field Plot No. P-63/74 A-1), said plan filed at the Registry of Deeds in Truro as Plan No. 87414067, and conveyed to E-Z-EM Canada Inc. by deed dated January 11, 2008, and registered in the Registry of Deeds for Colchester County as No. 89970538.

 

3.    All that certain lot, piece or parcel of land situate, lying and being on the northern side of Lancaster Crescent, Debert, Colchester County, Nova Scotia and made up of Parcel G, Parcel H, Parcel I, and Parcel K as shown on a Plan of Subdivision showing the Resubdivision of the Lands of Her Majesty the Queen, in the right of the Province of Nova Scotia, Nova Scotia Business Incorporated, Sobeys Capital Incorporated, and Newmac Manufacturing Incorporated, creating the realigned Lancaster Crescent shown as Lot CDE and Lot FGH, Lot 206A/23-E/AB, Lot 24/25-ACD, Lot 22KM-FLX, Lot 8IJL, and Parcel X, Lancaster Crescent, Debert, Colchester County, Nova Scotia, prepared by William S. Sterns, NSLS and being more particularly described as follows:

 

Beginning at a survey marker found on the western boundary of Lancaster Crescent at the beginning of a curve having a radius of 125.341 metres, said survey marker being a bearing of north 09 degrees 39 minutes 15 seconds east and a distance of 60.666 metres from the southeastern corner of the Lands of Nova Scotia Business Incorporated, shown as Lot 20 on the said plan;

 

Thence along said curve to the right an arc distance of 50.023 metres, the chord equivalent being 49.692 metres measured on a bearing of north 21 degrees 05 minutes 15 seconds east, to a survey marker placed at the southern corner of Lot 21 remainder;

 

Thence continuing along said curve to the right an arc distance of 43.787 metres, the chord equivalent being 43.590 metres measured on a bearing of north 42 degrees 32 minutes 05 seconds east, to a survey marker placed at the end of the curve;

 

Thence following a bearing of north 52 degrees 32 minutes 55 seconds east, along the southeastern boundary of Lot 21 remainder, a distance of 85.127 metres to a survey marker placed at the southern corner of Parcel X being also the original western boundary of the Lands of Nova Scotia Business Incorporated, shown as Lot 22 on the said plan;

 

Thence following a bearing of south 09 degrees 39 minutes 03 seconds west, along the original western boundary of Lot 22, a distance of 86.782 metres to a point at the original southwestern corner of Lot 22, said point being on the original northern boundary of Lancaster Crescent;

 

Thence following a bearing of north 80 degrees 20 minutes 50 seconds west, along the original northern boundary of Lancaster Crescent, a distance of 30.569 metres to a survey marker found at the beginning of a curve having a radius of 60.884 metres;

 

Thence along said curve to the left an arc distance of 95.634 metres, the chord equivalent being 86.102 metres measured on a bearing of south 54 degrees 39 minutes 12 seconds west, to the point of beginning;

 

Containing an area of 3940.3 square meters.

 

Bearings are referenced to the Central Meridian of Zone 5, 64 degrees 30 minutes W, 3 degree MTM Grid.

 

Being and intended to be a portion of the Lands of Nova Scotia Business Incorporated, part of which is shown as Parcels G, I, and K on the said plan and being a portion of the original Lot 21 and the remaining part shown as Parcel H on the said plan and being a portion of the original Lot 20.

 

4.    PID: 20153524 Status: Current Effective Date/Time: 2007-10-11 11:34:07

Legal Description: Municipality/County: Colchester Designation of Parcel on Plan: Lot 22 Title of Plan: Plan of Debert Air Industrial Park Phase 1, Debert, County of Colchester, Province of Nova Scotia, dated May 29th, 1974 and signed by Glenfield Brathwaite, N.S.L.S. Registration County: Colchester Registration # of Plan: Plan 2480 Registration Date of Plan: September 11, 1979

The parcel originates with an approved plan of subdivision that has been filed under the Registry Act or registered under the Land Registration Act at the Land Registration Office for the registration district of Colchester as plan number 2480. BENEFITS (2) TOGETHER WITH the use of a right of way as more particularly described as the first right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. TOGETHER WITH the use of a right of way as more particularly described as the second right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. BURDENS (1) SUBJECT TO Restrictive Covenants as further described in a deed dated October 15, 2001 and recorded on December 7, 2001 as document number 5987, book 1006, page 430.

 

5.    PID:20153615, Status: Current Effective Date/Time: 2007-10-11 11:34:12

Legal Description: Municipality/County: Colchester Designation of Parcel on Plan: Lot 23 Title of Plan: Plan of Debert Air Industrial Park Phase 1, Debert, County of Colchester, Province of Nova Scotia, dated May 29th, 1974 and signed by Glenfield Brathwaite, N.S.L.S. Registration County: Colchester Registration # of Plan: Plan 2480 Registration Date of Plan: September 11, 1979

The parcel originates with an approved plan of subdivision that has been filed under the Registry Act or registered under the Land Registration Act at the Land Registration Office for the registration district of Colchester as plan number 2480. BENEFITS (2) TOGETHER WITH the use of a right of way as more particularly described as the first right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. TOGETHER WITH the use of a right of way as more particularly described as the second right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. BURDENS (1) SUBJECT TO Restrictive Covenants as further described in a deed dated October 15, 2001 and recorded on December 7, 2001 as document number 5987, book 1006, page 430.

 

6.    PID:20153623 Status: Current Effective Date/Time: 2007-10-11 11:33:42

Legal Description: Municipality/County: Colchester Designation of Parcel on Plan: Lot 24 Title of Plan: Plan of Debert Air Industrial Park Phase 1, Debert, County of Colchester, Province of Nova Scotia, dated May 29th, 1974 and signed by Glenfield Brathwaite, N.S.L.S Registration County: Colchester Registration # of Plan: Plan 2480 Registration Date of Plan: September 11, 1979

The parcel originates with an approved plan of subdivision that has been filed under the Registry Act or registered under the Land Registration Act at the Land Registration Office for the registration district of Colchester as plan number 2480. BENEFITS (2) TOGETHER WITH the use of a right of way as more particularly described as the first right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. TOGETHER WITH the use of a right of way as more particularly described as the second right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. BURDENS (1) SUBJECT TO Restrictive Covenants as further described in a deed dated October 15, 2001 and recorded on December 7, 2001 as document number 5987, book 1006, page 430.

 

7.    PID:20153631 Status: Current Effective Date/Time: 2007-10-11 11:33:48

Legal Description: Municipality/County: Colchester Designation of Parcel on Plan: Lot 25 Title of Plan: Plan of Debert Air Industrial Park Phase 1, Debert, County of Colchester, Province of Nova Scotia, dated May 29th, 1974 and signed by Glenfield Brathwaite, N.S.L.S. Registration County: Colchester Registration # of Plan: Plan 2480 Registration Date of Plan: September 11, 1979

The parcel originates with an approved plan of subdivision that has been filed under the Registry Act or registered under the Land Registration Act at the Land Registration Office for the registration district of Colchester as plan number 2480. BENEFITS (2) TOGETHER WITH the use of a right of way as more particularly described as the first right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. TOGETHER WITH the use of a right of way as more particularly described as the second right of way in a deed dated July 24, 1979 and recorded on September 11, 1979 as document number 8858, book 458, page 333. BURDENS (1) SUBJECT TO Restrictive Covenants as further described in a deed dated October 15, 2001 and recorded on December 7, 2001 as document number 5987, book 1006, page 430.