BILL NO. 57
1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998
Town of Lunenburg (Linden Avenue) Act
The Honourable Donald R. Downe
Lunenburg West
First Reading: November 2, 1998
Second Reading: November 9, 1998
Third Reading: November 24, 1998 (NO AMENDMENTS)
An Act to Establish
the Boundary Lines of Linden Avenue
in the Town of Lunenburg
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as Town of Lunenburg (Linden Avenue) Act.
2 The lands described in the Schedule to this Act are deemed to be a public street for all purposes, including all purposes of the Towns Act, except that subsection 93(1), clause 93(2)(a) and clause 95(1)(a) of that Act do not apply with respect to those portions of the lands that are now less than fifty feet in width.
3 All rights of public user are extinguished over those lands that do not form part of the lands described in the Schedule to this Act but do form part of the lands described in
(a) a deed dated July 10, 1918, from Rupert C. S. Kaulbach as grantor and the Town of Lunenburg as grantee, and registered in the Registry of Deeds at Bridgewater on December 11, 1950, in book 114 at page 605 as number 907; or
(b) a deed dated October 20, 1944, between Rupert C. S. Kaulbach as grantor and the Town of Lunenburg as grantee and registered in the Registry of Deeds at Bridgewater on October 23, 1944, in book 108 at page 162 as number 258 and re-registered in that Registry in book 611 at page 932 as number 2389.
4 Every document that was executed and delivered prior to the coming into force of this Act that appears to affect title to lands bounded by Linden Avenue in the Town of Lunenburg shall be read so that the document appears to affect title to lands that abut Linden Avenue as described in the Schedule to this Act but nothing in this Section affects the location of any other boundary of the lands.
5 (1) The owners and occupiers of certain lands described in a deed registered in the Registry of Deeds at Bridgewater in book 428 at page 429 may maintain a wall that was, immediately prior to the coming into force of this Act, adjacent to a garage located on that property, notwithstanding that the wall may be partly located on the lands described in the Schedule to this Act.
(2) For greater certainty, nothing in subsection (1) permits the erection or maintenance on the lands described in the Schedule of a wall that is a replacement for, or an extension of, or an addition to the wall referred to in subsection (1).
BEGINNING at a point marked by a survey marker set on the Southwestern sideline of Lower Street, commonly known as Montague Street, the Northern angle of Linden Avenue and the Eastern angle of property of Gordon N. Wright and Irene E. Wright as by reference to the aforesaid Plan of Survey will more fully appear;
THENCE from said point so located South Thirty-five degrees Four minutes Forty-six seconds East (S 35 04' 46" E) N.S. Co-ordinate Grid Meridian) along the Southwestern sideline of Lower Street Sixty-two and Seven one Hundredths feet (62.07') more or less, to the point of intersection of the Southwestern sideline of Lower Street with the Western sideline of Kaulback Street;
THENCE South Eight degrees Three minutes Thirty-three seconds West (S 08 03' 33" W) along the Western boundary of Kaulback Street One Hundred Seventeen and Twenty-six one hundredths feet (117.26') more or less, to a point;
THENCE North Thirty-nine degrees Fifty-one minutes Twenty seconds West (N 39 51' 20" W) through other property of the Town of Lunenburg Forty-seven and Sixteen one hundredths feet (47.16') more or less, to a point marked by a survey marker which marks the Southeastern corner of property of Her Majesty the Queen in the Right of Government Services;
THENCE North One degree Two minutes Forty-three seconds West (N 01 02' 43" W) along said property of Government Services Twenty-seven and Ninety-two one hundredths feet (27.92') more or less, to a point marked by a survey marker;
THENCE North Fifty-three degrees Five minutes Forty-eight seconds West (N 53 05' 48" W) along said property of Government Services Eight and Twenty one hundredths feet (8.20') more or less, to a point marked by a survey marker;
THENCE Northwestwardly along the arc of a curve having a radius of One Hundred Fourteen and Seventy-three one hundredths feet (114.73'), being the Southern boundary line of Linden Avenue, an arc distance of One Hundred Thirteen and Ninety-eight one hundredths feet (113.98') more or less, to a point marked by a survey marker; a straight line between these last two mentioned points from Southeast to Northwest being described as North Sixty-three degrees Thirty minutes Twenty-eight seconds West (N 63 30' 28" W) One Hundred Nine and Thirty-five one hundredths feet (109.35');
THENCE from said last mentioned point North Thirty-five degrees Two minutes Fifty-one seconds West (N 35 02' 51" W) Fifty-one and Forty-two one hundredths feet (51.42') more or less, to a point marked by a survey marker;
THENCE North Thirty-five degrees Two minutes Fifty-one seconds West (N 35 02' 51" W) along property of James A. Wentzell and Norma E. Wentzell, property of James S. Dauphinee and Floris Dauphinee, and property now or formerly of John E. Knickle, Judith S. Stevens and Judith A. Zwicker, respectively, Two Hundred Ninety-one and Eighty one hundredths feet (291.80') more or less, to a point marked by an iron pipe driven into the ground;
THENCE North Thirty-eight degrees Forty-nine minutes Forty-seven seconds West (N 38 49' 47" W) along property of Linda Lee Patterson, property of Paul S. Crouse and Gwendolyn F. Crouse, and property of Lloyd Crouse respectively, Two Hundred Ten and Sixty-three one hundredths feet (210.63') more or less, to a point marked by an iron bolt driven into the ground on the Southeastern sideline of Medway Street;
THENCE North Sixty-three degrees Forty-two minutes Six seconds East (N 63 42' 06" E) crossing Linden Avenue and along the said Southeastern boundary line of Medway Street Fifty feet (50.0') more or less, to a point marked by an iron bolt driven into the ground;
THENCE South Thirty-eight degrees Thirty-seven minutes Two seconds East (S 38 37' 02" E) along property of Cynthia A. Baker One Hundred Six and Eighty-six one hundredths feet (106.86') more or less, to a point marked by an iron bolt driven into the ground;
THENCE South Forty degrees Twenty-nine minutes Twenty-four seconds East (S 40 29' 24" E) along property of Dianne E. MacDonald Eighty-nine and Seventy-six one hundredths feet (89.76') more or less, to a point marked by an iron pipe driven into the ground;
THENCE South Thirty-four degrees Eight minutes Forty-two seconds East (S 34 08' 42" E) along property of Barbara L. Baker Sixty and Twenty-nine one hundredths feet (60.29') more or less, to a point marked by an iron pipe driven into the ground;
THENCE South Thirty-five degrees Twenty-nine minutes Twenty seconds East (S 35 29' 20" E) along property of Joyce M. Smith, property of Margaret Selig and Alice Selig, and property of Matthew Mitchell respectively, One Hundred Seventy-one feet (171.0') more or less, to a point marked by an iron pipe driven into the ground;
THENCE South Thirty-five degrees Twenty minutes Zero seconds East (S 35 20' 00" E) along property now or formerly of George Hall and Minnie Hall Fifty-nine and Sixty one hundredths feet (59.60') more or less, to a point marked by a survey marker;
THENCE South Thirty-five degrees Thirty minutes Forty-five seconds East (S 35 30' 45" E) along property of Gordon N. Wright and Irene E. Wright Sixty feet (60.0') more or less, to a point marked by a survey marker;
THENCE Southeastwardly along the arc of a curve having a radius of Eighty-nine and Twenty one hundredths feet (89.20'), being the Southwestern boundary of property of Gordon N. Wright and Irene E. Wright, an arc distance of Thirty-two and Forty-five one hundredths feet (32.45') more or less, to a point marked by a survey marker; a straight line between these last two mentioned points from Northwest to Southeast being described as South Fifty-six degrees eighteen minutes Thirty seconds East (S 56 18' 30" E) Thirty-two and Twenty-seven one hundredths feet (32.27');
THENCE continuing Southeastwardly along the arc of a curve having a radius of Eighty-nine and Twenty one hundredths feet (89.20'), being the Southwestern boundary of property of Gordon N. Wright and Irene E. Wright, an arc distance of Eight and Fifty-four one hundredths feet (8.54') more or less, to a point marked by a survey marker; a straight line between these last two mentioned points from Northwest to Southeast being described as South Sixty-nine degrees Twenty-eight minutes Twenty seconds East (S 69 28' 20" E) Eight and Fifty-four one hundredths feet (8.54');
THENCE from said last mentioned point North Eighty-eight degrees One minute Twenty-three seconds East (N 88 01' 23" E) along said Wright property Forty-one and Three one hundredths feet (41.03') more or less, to a point marked by a survey marker;
THENCE North Four degrees Nineteen minutes Thirty-six seconds West (N 04 19' 36" W) along said Wright property Thirty-nine and Seventy-nine one hundredths feet (39.79') more or less, to the point marking the place of beginning.
The herein described parcel of land constitutes the boundaries of Linden Avenue and contains an approximate area of Thirty-seven Thousand Six Hundred Ninety and Nine tenths square feet (37,690.9 sq. ft.) and is shown of the aforesaid Plan of Survey under the wording "Linden Avenue" in the Town of Lunenburg.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Updated December 17, 1998. Send comments to legc.office@gov.ns.ca.
