Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Lunenburg Street Closing and Location Act, 1996.

2 Notwithstanding any enactment,

(a) the lands in the Town of Lunenburg known as Creighton Street between Cornwallis Street and Kaulback Street, except to the extent that they form a part of the lands described in the Schedule to this Act,

(i) are and are deemed not to be, and never to have been, a public street, and

(ii) are deemed to have vested in fee simple absolute in the Town upon its incorporation,

and the Town is and is deemed to have and to have had, since its incorporation, the power to convey, for consideration, no consideration or insufficient consideration, any right, title or interest the Town has, or has had, immediately prior to the delivery of the conveyance, in and to the lands or any part of the lands, free from any right of public user; and

(b) the boundaries of the lands described in the Schedule to this Act are, and are deemed to have always been, the boundaries of that part of Kissing Bridge Road in the Town of Lunenburg situate between Cornwallis Street and the eastern extension of the southern sideline of Starr Street in that Town and such lands are deemed to be, and to have always been, a public street for all purposes, including the purposes of the Towns Act.

3 (1) A copy of this Act certified or purporting to be certified to be a true copy by the Clerk or Legislative Counsel of the House of Assembly may be recorded in the registry of deeds for the registration district in which the land described in the Schedule to this Act is situate.

(2) Nothing in this Act means or shall be construed as meaning that the Clerk or Legislative Counsel of the House of Assembly is required to record a copy of this Act in the said registry.

4 This Act does not affect the rights acquired by any person from a judgment or order of a court given or made in litigation or proceedings commenced on or before November 20, 1996.  5 No cause of action arises by reason only of the enactment of this Act.

SCHEDULE

All and singular that parcel or tract of land and premises situate, lying and being in the Town of Lunenburg, County of Lunenburg, Province of Nova Scotia, shown on a Plan of Survey, L-249A, prepared by Hebb Turner Himmelman Land Surveyors Limited, dated November 12, 1991, with additions through and to May 17, 1993, a copy of which Plan was filed in the Registry of Deeds at Bridgewater on July 15, 1994 under Plan Number 9606 which said Street limits can be more particularly described as follows;

BEGINNING at a point marked by a survey marker set at the point of intersection of the Western sideline of Cornwallis Street with the Southwestern sideline of Kissing Bridge Road as by reference to the aforesaid Plan of Survey will more fully appear;

THENCE from said point so located North Sixty-nine degrees Twenty-two minutes Five seconds West (N 69 22' 05" W") (N.S. Co-ordinate Grid Meridian) Seventy-eight and Fifty-eight one hundredths feet (78.58') more or less, to a point marked by a survey marker;

THENCE North Sixty-two degrees Twenty-two minutes Thirty-five seconds West (N 62 22' 35" W) Ninety-one and Fifteen one hundredths feet (91.15') more or less, to a point marked by a survey marker;

THENCE North Fifty-three degrees Seven minutes Eleven seconds West (N 53 07' 11" W) One Hundred Forty-two and Sixty-three one hundredths feet (142.63') more or less, to a point marked by a survey marker at the point of intersection of the Eastern sideline of Kaulback Street with the Southwestern sideline of Kissing Bridge Road;

THENCE crossing Kaulback Street North Forty-five degrees Thirty-eight minutes Twenty-six seconds West (N 45 38' 26" W) Fifty-five and Eighty-five one hundredths feet (55.85') more or less, to a point marked by a survey marker set at the point of intersection of the Western sideline of Kaulback Street with the said Southwestern sideline of Kissing Bridge Road;

THENCE from said last mentioned point North Forty-nine degrees Fifty-five minutes Thirty seconds West (N 49 55' 30" W) One Hundred Twenty-four and Fifty-six one hundredths feet (124.56') more or less, to a point marked by a survey marker;

THENCE Northwesterly along the arc of a curve having a radius of One Thousand One Hundred Seventy-two and Twenty-five one hundredths feet (1,172.25'), being the Southwestern sideline of Kissing Bridge Road, an arc distance of Four Hundred Thirty-five and Seventy-seven one hundredths feet (435.77') 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 Thirty-nine degrees Sixteen minutes Thirty-two seconds West (N 39 16' 32" W) Four Hundred Thirty-three and Twenty-seven one hundredths feet (433.27');

THENCE from said last mentioned point North Twenty-eight degrees Thirty-seven minutes Thirty-three seconds West (N 28 37' 33" W) Five Hundred Sixty-two and Seventy-one one hundredths feet (562.71') more or less to a point marked by a survey marker set at the point of intersection of the said Southwestern sideline of Kissing Bridge Road with the Southeastern sideline of Starr Street;

THENCE North Seventy-eight degrees Ten minutes Eleven seconds East (N 78 10' 11" E) crossing Kissing Bridge Road Sixty-two and Sixty-eight one hundredths feet (62.68') more or less, to a point marked by a survey marker set on the Southwestern sideline of Canadian National Railways spur line leading to National Sea Products Limited;

THENCE South Twenty-eight degrees Thirty-seven minutes Thirty-three seconds East (S 28 37' 33" E) along other property of the Town of Lunenburg Five Hundred Forty-four and Sixty one hundredths feet (544.60') more or less, to a point marked by a survey marker;

THENCE Southeastwardly along the arc of a curve having a radius of One Thousand One Hundred Twelve and Twenty-five one hundredths feet (1,112.25'), being the Northeastern sideline of Kissing Bridge Road, an arc distance of Four Hundred Thirteen and Forty-seven one hundredths feet (413.47') 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 Thirty-nine degrees Sixteen minutes Thirty-two seconds East (S 39 16' 32" E) Four Hundred Eleven and Nine one hundredths feet (411.09');

THENCE from said last mentioned point South Forty-nine degrees Fifty-five minutes Thirty seconds East (S 49 55' 30" E) Eighty-seven and One one hundredth feet (87.01') more or less, to a point marked by a survey marker set at the point of intersection of the Northeastern sideline of Kissing Bridge Road with the Western sideline of Kaulback Street Extension;

THENCE crossing said Kaulback Street South Thirty-eight degrees One minute Twenty-one seconds East (S 38 01' 21" E) Sixty-two and Forty-nine one hundredths feet (62.49') more or less, to a point which is occupied by a tree having a diameter in excess of One foot (1');

THENCE South Fifty-seven degrees Fifteen minutes Fifty-four seconds East (S 57 15' 54" E) Three Hundred Sixteen and Twenty-seven one hundredths feet (316.27') more or less, to a point marked by a survey marker set at the point of intersection of the Western sideline of Cornwallis Street with the Northeastern sideline of Kissing Bridge Road;

THENCE South Seven degrees Forty-nine minutes Fifty seconds West (S 07 49' 50" W) crossing Kissing Bridge Road Forty-four and Eight-six one hundredths feet (44.86') more or less, to the point marking the place of beginning.

The herein described parcel of land contains an approximate area of One and Nine Hundred Eleven one thousandths acres (1.911 acs.) which said area does not include any part of Kaulback Street and is shown as Parcel 1 and Parcel 2 on the aforesaid Plan of Survey.