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Determination of Boundaries Between the Town of Annapolis Royal
and the Municipality of the County of Annapolis
N.S. Reg. 81/2019 (effective May 31, 2019)
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Decision and Order 2019 NSUARB 73
M08145
Nova Scotia Utility and Review Board
In the Matter of the Municipal Government Act
- and -
In the matter of an application by the Town of Annapolis Royal to settle and confirm its mutual boundary with the Municipality of the County of Annapolis
Before: Roland A. Deveau, Q.C., Vice Chair
Whereas the Town of Annapolis Royal applied to the Nova Scotia Utility and Review Board pursuant to s. 357 of the Municipal Government Act to settle and confirm its mutual boundary with the Municipality of the County of Annapolis, particularly the northern town boundary where it intersects the Annapolis Royal Causeway and divides the Town from the Municipality;
And whereas the Board held various preliminary hearings by telephone with Jonathan G. Cuming, Counsel for the Town of Annapolis Royal, and W. Bruce Gillis, Q.C., Counsel for the Municipality of the County of Annapolis, to discuss the process for the confirmation of the boundary location;
And whereas Nova Scotia Land Surveyors for the respective parties confirmed the location of the boundary and the boundary description;
And whereas the parties provided their mutual consent to the boundary location and description in writing on February 11, 2019;
And whereas Notice to Settle and Confirm the Mutual Boundary was published in the Tri-County Vanguard on April 17, 2019, the Annapolis Valley Register on April 18 and 25, 2019, and the Chronicle Herald on April 18 and 25, 2019; and the advertisement invited objectors to advise the Board of their objections by May 28, 2019;
And whereas no objections were received by the Board by the due date;
It is hereby ordered that the mutual boundary between the Town of Annapolis Royal and the Municipality of the County of Annapolis, including the northern town boundary where it intersects the Annapolis Royal Causeway and divides the Town from the Municipality, is confirmed as described in the attached Schedule A.
Dated at Halifax, Nova Scotia this 31st day of May, 2019.
sgd: Bruce Kiley
Clerk of the Board
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The boundaries of the Town of Annapolis Royal are described as follows:
Commencing at the junction of the Old Halifax Post Road with Main or St. George Street at the Mile Board Comer [Corner] (so-called);
Thence run along the northern side of said Halifax Post Road to the division line between lands occupied by Charles Munro and Robert Stailing;
Thence run along said division line to Cutler’s Creek (so-called);
Thence along said creek and in a line in continuation of the same into the Annapolis River the distance of 200 feet beyond low water mark;
Thence run down stream in a line parallel with, and distance 200 feet below low water mark and parallel with the several courses of said low water mark until it comes opposite to the centre of Allen’s River (the northern portion of this boundary being delineated on Annapolis County Land Registration Office Plan No. 111947728 certified by Derik R. DeWolfe, NSLS, dated November 10, 2017, Plan No. 2017-103Plan);
Thence follow the several courses of the centre of said Allen’s River upstream to a point in a line with and opposite to the division line between land of Anna Harris and Helen and Ruth Baxter, formerly of James P. Lynch and William Harris;
Thence run to and along the said division line to the Main Road;
Thence across said road to the place of beginning.
Said boundaries of the Town of Annapolis Royal being as declared by Articles of Incorporation dated November 29, 1892.