BILL NO. 39

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006



Private Bill



Beechville Baptist Church Act



Keith Colwell
Preston



First Reading: July 6, 2006

Second Reading:

Third Reading:

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An Act to Ensure a Right of Way
for the Beechville Baptist Church
to Lovett Lake for Baptisms

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Beechville Baptist Church Act.

2 In this Act,

(a) "Church" means the Beechville Baptist Church located in Beechville in the County of Halifax;

(b) "church lands" means the lands described in Schedules A and B to this Act;

(c) "Lake" means Lovett Lake at or near Beechville in the County of Halifax;

(d) "subservient lands" means the lands described in Schedule C to this Act.

3 The church lands may only be developed for the purposes of the Church.

4 (1) The Church and its members have a ten-foot wide right of way from the church lands over the subservient lands to the Lake for the purpose of conducting baptisms and the attendance of the members and their guests at baptisms.

(2) The right of way is by the most direct and passable route from the church lands to the Lake or such other route to which the Church and the owner of the subservient lands agree.

(3) The right of way is in lieu of any other right of way that the Church or its members may now have from the church lands over the subservient lands to the Lake.

5 Nothing in this Act entitles any person to compensation by reason only of this Act.

SCHEDULE A

P.I.D. 40049843

ALL that lot, piece or parcel of land lying on the east side of the St. Margarets Bay Road at Beech Hill in the County of Halifax and more particularly described as follows:

BEGINNING at a point on the east side of a sixteen (16) foot right-of-way leading from the St. Margarets Bay Road, said point being at a post on the north west corner of lands conveyed to one Mrs. Talbot by Richard Hamilton;

thence by the north boundary of said lands, north forty eight (48) degrees east a distance of two hundred seventeen (217) feet more or less to an old fence declared by Mr. William Bishop to be the west boundary of his lands;

thence northerly by said boundary fence a distance of one hundred two feet (102) more or less to a stake;

thence south forty eight (48) degrees west by lands retained by the Beech Hill Church a distance of one hundred ninety five (195) feet more or less to the east side of said sixteen (16) foot right-of-way;

thence south thirty three (33) degrees east by the east side of said right-of-way to the point of the beginning.

BEING part of a lot conveyed by John W. Metzler et al to the Rev. Alexander Bailey and Peter M. Kerrow by deed dated March 31st, 1885, and recorded in the Registry of Deeds in Halifax Book 385 Page 791, together with a sixteen (16) foot right-of-way from the St. Margarets Bay Road as described as in said deed.

SCHEDULE B

P.I.D. 40049603

All that certain lot piece or parcel of land situate lying and being at Beech Hill in the County of Halifax aforesaid containing one acre more or less and road to it of sixteen feet wide and bounded and described as follows:

Beginning at a stake and stones one chain from a balsam tree

thence north seventy degrees east according to the present course of the compass in the direction of said tree two chains to a stake and stones

thence north forty degrees West in the direction of another balsam tree five chains to a stake and stones

thence south seventy degrees west two chains or until it strikes the lakes twenty five links north of a dry Pine tree

thence south forty degrees East to the place beginning

being the same property conveyed by Hope Maxwell and Rachel Maxwell to the said John Metzler by Indenture bearing date Twenty eighth day of August in the year of our Lord one thousand eight hundred and forty seven and recorded in the Office of the Registrar of Deeds at Halifax in libro 149 folio 174 together with the buildings ways hereditaments privileges and appurtenance to the same belonging or in anywise appertaining.

SCHEDULE C

P.I.D. 40049694

All that certain block of land situated on the northern side of St. Margarets Bay Road in the district of Beechville, County of Halifax, Province of Nova Scotia shown as Block-F on a plan (Servant, Dunbrack, McKenzie & MacDonald Ltd. Plan No. 14-1043-0) of survey of Blocks F & S, Lands Conveyed to The Franklin Service Company Limited, signed by Terrance R. Doogue, N.S.L.S., dated July 31, 2002 and being more particularly described as follows:

BEGINNING on the curved northern boundary of St. Margarets Bay Road at the southeastern corner of Lot G-1;

THENCE N 35º 31' 27" E, 62.75 feet along the southeastern boundary of said Lot G-1 to its intersection with the Shore Line of Lovett Lake;

THENCE northeasterly, northwesterly, northerly and northwesterly following the various courses of the Shore Line of Lovett Lake for a distance of 1,706 feet more or less to its intersection with the curved southern boundary of lands of the Canadian National Railway Company; said point being distant 315.11 feet on a bearing of N 38º 36' 49" E, distant 425.70 feet on a bearing of N 31º 28' 30" W, distant 334.25 feet on a bearing of N 12º 15' 38" E and distant 440.63 feet on a bearing of N 28º 41' 34" W from the last described point;

THENCE northeasterly on a curve to the left which has a radius of 1,482.50 feet for a distance of 391.46 feet along the curved southeastern boundary of lands of the Canadian National Railway Company to a point of curvature;

THENCE N 60º 09' 44" E, 1,513.54 feet along the southeastern boundary of said lands of the Canadian National Railway Company to its intersection with the southern boundary of Parcel - F, lands conveyed to Canadian National Railway Company by Indenture recorded at the Registry of Deeds for the County of Halifax in Book 4892, Page 644;

THENCE N 79º 14' 36" E, 208.41 feet along the southern boundary of said Parcel - F to the southeastern corner thereof;

THENCE S 61º 27' 02" E, 79.45 feet along the southwestern boundary of Lot 56A to an angle therein;

THENCE S 28º 39' 00" W, 2,183.53 feet along the northwestern boundary of said Lot 56A, Block-A, lands conveyed to Anahid Investments Limited by Indentures recorded at the Registry of Deeds for the County of Halifax in Book 5929, Page 1013; Book 5929, Page 1020 and Book 5929, Page 1026 and lands conveyed to Frank Leo & Yvonne Theresa Dominey by Indenture recorded at the Registry of Deeds for the County of Halifax in Book 4829, Page 465 to the eastern corner of lands conveyed to the Trustees of The Beechville Baptist Church by Indenture recorded at the Registry of Deeds for the County of Halifax in Book 3358, Page 551;

THENCE N 66º 24' 50" W, 411.11 feet along the northeastern boundary of said lands conveyed to the Trustees of The Beechville Baptist Church and other lands conveyed to the Trustees of The Beechville Baptist Church by Indenture recorded at the Registry of Deeds for the County of Halifax in Book 385, Page 791 to the northwestern corner thereof;

THENCE S 13º 09' 10" W, 214.50 feet along the western boundary of said lands conveyed to the Trustees of The Beechville Baptist Church to the western corner thereof;

THENCE S 84º 05' 00" E, 138.95 feet along the southwestern boundary of said lands conveyed to the Trustees of The Beechville Baptist Church to the northwestern corner of Lot B;

THENCE S 13º 19' 00" W, 194.58 feet along the western boundary of said Lot B to its intersection with the northern boundary of St. Margarets Bay Road;

THENCE S 75º 54' 35" W, 197.37 feet along the northern boundary of the St. Margarets Bay Road to a point of curvature;

THENCE westerly on a curve to the right which has a radius of 677.87 feet for a distance of 236.94 feet along the curved northern boundary of the St. Margarets Bay Road to the place of beginning.

CONTAINING 41.147 acres more or less.

ALL bearings are Nova Scotia Coordinate Survey System Grid Bearings and are referred to Central Meridian, 64º 30' West.

THE above described Block - F being lands conveyed to The Franklin Service Company Limited by Indenture recorded at the Registry of Deeds for the County of Halifax in Book 1952, Page 192 and a portion of lands conveyed to The Franklin Service Company Limited by an Indenture recorded at the Registry of Deeds for the County of Halifax in Book 1379, Page 482.

TOGETHER with rights with respect to a 30 foot wide Right of Way by virtue of Indenture recorded at the Registry of Deeds for the County of Halifax in Book 1379, Page 482; said 30 foot wide Right of Way being situated on the adjoining Lot B, containing an area of 9,058 square feet and being mathematically delineated on the above referred to Plan No. 14-1043-0.

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