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HomeMy Public PortalAbout2022-10-27_Council_Website Agenda Package_Updated Oct 25, 2022.pdf Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, October 27, 2022 Livestreamed via YouTube at www.youtube.com/modcvideo Office Location: 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (15 minutes – 8:45 a.m. to 9:00 a.m.) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – October 13, 2022. 5. COMMITTEE REPORTS 5.1 Committee of the Whole – October 20, 2022 – Warden Webber. 5.2 Recreation & Parks Committee – October 17, 2022 – Councillor Veinotte. 6. PUBLIC PRESENTATIONS/APPOINTMENTS 6.1 M. Keddy Farm and Forest Limited – Private Ways Act Request: a. 9:15 a.m. Ian Dunbar representing M. Keddy Farm and Forest Limited. b. 9:30 a.m. Ashley Aalders/Nick Moore, Solicitor. 6.2 Sheena Isenor, Diane Webber, Peter Cullen – New Ross Trails Society. (Material to follow) 6.3 Bertha Hatchard – Community Trails. (Material to follow) 7. MATTERS ARISING 7.1 Request for Decision prepared August 25, 2022 - Infrastructure & Operations – Village of Chester Wastewater System Renewal and Expansion Project. 7.2 Agenda Planning Update (November/December). 8. CORRESPONDENCE 8.1 Correspondence dated October 20, 2022 requesting Council’s approval of a letter of support from the Warden to allow a low-level flyby as low as 500’ over the municipality. 9. NEW BUSINESS 9.1 Quarter 2 Update – Infrastructure & Operations Department. Page 2 of 2 10. IN CAMERA 10.1 Section 22(2)(g) of the Municipal Government Act – legal advice eligible for solicitor-client privilege. 10.2 Section 22(2)(a) of the Municipal Government Act – Acquisition, sale, lease and security of municipal property – Aspotogan. 11. ADJOURNMENT APPOINTMENTS 9:15 a.m. Ian Dunbar on behalf of M Keddy Farm & Forest Limited (see item 6.1 a). 9:30 a.m. Ashley Aalders and Solicitor Nick Moore (See item 6.1 b) 10:15 a.m. Sheena Isenor, Diane Webber, Peter Cullen – New Ross Trails Society. 10:30 a.m. Bertha Hatchard – Community Trails. 402 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube www.youtube.com/modcvideo from 151 King Street, Chester, Nova Scotia On Thursday, October 13, 2022 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:49 a.m. Present: District 1 – Councillor A. Veinotte District 5 – Councillor A. Assaff District 2 – Deputy Warden F. Shatford District 6 – Councillor T. Connors District 3 – Councillor D. Wells District 7 – Councillor S. Church District 4 – Warden A. Webber Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Emily Lennox, Executive Secretary Jennifer Webber, Communications & Outreach Coordinator (Zoom) Chad Haughn, Director of Community Development & Recreation Matthew Blair, Director of Infrastructure & Operations Brendan Mosher, By-Law Enforcement Officer Solicitor: Samuel Lamey, Municipal Solicitor Public: There was one member of the public present. APPROVAL OF AGENDA/ORDER OF BUSINESS Additions:  An additional name (Ivor MacDonald of New Harbour Road) has been requested to be added to the petition outlined in item 8.1 – Warden Webber.  Glengarry Road – Councillor Connors.  New Ross Trails Society – Councillor Connors. Council (continued) October 13, 2022 403  New Ross Regional Development Society – Councillor Connors.  Uniform Signage – Deputy Warden Shatford.  Streetlights – Councillor Wells. 2022-398 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the agenda and order of business for the October 13, 2022, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. MINUTES OF PREVIOUS MEETINGS 4.1 Council – September 29, 2022. 2022-399 MOVED by Councillor Wells, SECONDED by Councillor Assaff that the minutes of the September 29, 2022 Council Meeting be approved. ALL IN FAVOUR. MOTION CARRIED. Councillor Wells asked how items brought up in a meeting are followed up, noting that he raised the non-functioning generator at the comfort centre in the Village. The Deputy CAO indicated that the information from the province has been sent out, however, staff don’t have the details of the program. Staff will follow up with the group once they have the application process and details. The CAO outlined the process of staff reviewing results of the meetings in the afternoon; at that time follow-ups and motions are added to Click-Up and those tasks are assigned to a staff person or department for follow-up. MATTERS ARISING 7.2 Request for Decision prepared October 5, 2022 - Fire Services – Fire Services Review. Bruce Blackwood, Fire Services Coordinator was present to review the Request for Decision prepared October 5, 2022 “Fire Services – Fire Services Review”. Council (continued) October 13, 2022 404 The Fire Services Coordinator thanked Council for funding the project over the past number of years as well as the fire departments and commissions for their input and work. The Fire Services Coordinator reviewed the results of the Sub-Committee priorities using a PowerPoint presentation, reviewing the following material:  Purpose of Fire Services Risk Assessment.  Overview of Risk Assessment: o Phase 1 – Risk Identification. o Phase 2 – Risk & Capacity Analysis. o Phase 3 – Optimization Recommendations.  Consultant’s Executive Summary.  Overview of Recommendations.  Steering Committee Overview of Recommendations: o Maintain 20 Year Replacement Schedule for Engines/Tankers – short term (Capacity and response). o Dry Hydrant Planning Program (including docks and marinas) – short term, high priority (improvements in DPG). o Consolidated Dispatch Agreement and Response Protocols – short term, some complexity (capacity and response). o Improve Daytime response (recruitment, from multiple stations) – short term, some complexity (capacity, response, and DPG). o Improve Training Programs for firefighters through investment in training resources, regional facilities and local trainers – short term (capacity and safety). o Recruitment and Retention Strategic Plan – short term, high priority (capacity and response). o Development of a Pre-Incident Plan Program – short term (response). o Consider Fire Department Access Issue (private roads, subdivisions, new development design/maintenance; mini pumpers, etc.) – medium term, some complexity (response). o Wildfire Mitigation Program – medium term, some complexity (risk mitigation). o Records Management System – medium term (Administrative). o Standard SOG templates – short term (Administrative).  Next Steps: o Have council accept the fire services priorities as presented by the Steering Committee. o Re-establish the Fire Advisory Committee (FAC). o Work with the FAC to develop an action plan and working committees. Council (continued) October 13, 2022 405 o Provide ongoing support to fire services as required and requested. o Track implementation of action plans. The following topics were discussed:  With reference to wildfire mitigation, reaching out to Department of Natural Resources regarding firefighters being first responders and not the crews from natural resources. Letters have been written through the MLA, but staff are unsure of the result.  In “receiving” the report is Council giving its blessing to the recommendations? No, the report is received only. The Fire Services has reviewed and is providing recommendations for Council’s consideration. Receiving the report allows staff to close the contract with the consultant.  Concern about costs not attached – recommendations/programs have not yet been costed out and that would be the objective of the FAC going forward (to put costs/benefits on the table).  Any decisions requiring use of funds would require Council approval. o Some of the priorities may be developed by fire departments and absorbed in their fire rate. o The new FAC may determine there are some issues that require funds from Council.  Concern about sending three trucks/departments to a call during the day is a concern. o There may be implications for the municipality, resource-wise, and before implemented Council will need to know what they are – that is the role of the FAC.  Discussions of Councillor with Fire Chief/Commissions.  Council will vote on expenditures that the FAC determine are municipal expenses.  Councillors will want to consult with their Commissions/Fire Departments. The Deputy CAO noted that the Steering Committee (comprised of all commissions and fire departments) received the report in April. Over the months of April, May, and June they reviewed and determined the top priorities of the departments. A meeting was scheduled in September (with representation from all departments/commissions) was held and a written submission of the priorities was received. The ones listed today by the Steering Committee were agreed upon with majority support from the fire services. 2022-400 MOVED by Deputy Warden Shatford, SECONDED by Councillor Connors that Council receive the Fire Underwriters Survey (FUS) Fire services Review (Risk Assessment) report of March 2022 as meeting the scope of the project outlined Council (continued) October 13, 2022 406 in RFP MODC-T-2019-004 and work with the Fire Services on the priorities outlined by the Steering Committee. As the ad hoc Steering Committee has completed its assigned task in evaluation of the final report and providing Council with advice on fire service priorities, it is recommended it be discontinued. Further to Council’s request to reestablish a Fire Advisory Committee (FAC). A Recorded Vote was requested: IN FAVOUR – Councillor Connors, Councillor Assaff, Deputy Warden Shatford, and Warden Webber. OPPOSED – Councillor Wells, Councillor Veinotte, and Councillor Church. MOTION APPROVED. PUBLIC PRESENTATIONS 6.1 Jamal Assaff regarding 5870 Highway 3, Gold River. Present was Mr. Assaff who indicated that he expects the property to be sold in the new year or demolished. He noted that over the past few years he has had health issues preventing him from dealing with the property. He asked for an extension to early March in order to deal with the property. Warden Webber noted that now that the Municipality knows it is unsafe, it is a liability. Options to make the property safe were discussed. It is not the unsightliness of it that is concerning, it is the hazard of the property. Following discussion, it was decided to hear the report of the By-Law Enforcement Officer. Councillor Assaff declared a CONFLICT OF INTEREST and left the Council Chambers. COMMITTEE REPORTS 5.1 Building Code & Unsightly Premises Committee – September 22, 2022 – Warden Webber. a. Motion Requiring approval of Council from September 22, 2022, Building Code & Unsightly Premises Meeting. b. Building Official Report. Council (continued) October 13, 2022 407 Present was Brendan Mosher, By-Law Enforcement Officer who provided a review of the matter. The By-Law Enforcement Officer reviewed his report providing photos showing the dangerous condition of the property. He noted that it was only visible from the trail. Due to the collapse of walls/foundation there is no way to secure the property safely. The Building Inspector also viewed the property and a copy of his report outlining the dangerousness of the property was included. He noted that there may be an unsafe well at that location also. There was discussion of when the demolition could take place and it was felt that waiting until the potential buyer can purchase was too long to wait. There was a potential that the owner could make an agreement with the purchaser. It was agreed that the property needs to be remedied before winter. Legal access was discussed as well. It was agreed that to alleviate the liability, the structure needs to be demolished as quickly as possible. 2022-401 MOVED by Councillor Veinotte, SECONDED by Councillor Wells that Council issue an Order to demolish one (1) derelict and/or dangerous structure located at 5870 Highway 3, Gold River, Lunenburg County (PID 60158557) within 30 days. ALL IN FAVOUR. MOTION CARRIED. A break was held from 10:14 a.m. to 10:27 a.m. Councillor Assaff returned to the Council Chambers. MATTERS ARISING (continued) 7.3 Planning Matters Report prepared October 6, 2022 – Community Development & Recreation - Request to Rezone a portion of PID 60422888. a. Information from Larex Group of Companies – Hubbards Square Fact Sheet. Councillor Veinotte declared a CONFLICT OF INTEREST and left the Council Chambers. Present were Garth Sturtevant, Senior Planner, and Chad Haughn, Director of Community Development and Recreation. Council (continued) October 13, 2022 408 The Senior Planner indicated that leading up to the Council meeting, staff determined that there had been a procedural error. He outlined the project and the request to rezone a property that was half in the Residential Settlement Residential Two (SR2) Zone and half in the Mixed Use (MU) Zone. The owner would like to rezone it to an all Mixed Use Zone. The developer would like to use it as a commercial location with gas bar to serve highway traffic as well as Hubbards area residents. There was a public information meeting with approximately 65 people in attendance; the comments and questions are attached to the material. There was a Municipal Planning Advisory Committee Meeting held on September 21st and that is where the procedural error occurred. There is a motion in the minutes showing that the motion passed with four members in favour and three opposed. The issue is that the Chair did not vote. It is a requirement of the MGA for all members, including the Chair, to vote. No vote is a negative vote. Procedurally, it is safe to say the motion was not passed. It was noted that this would extend the 120 day requirement to restart the process. Discussion was held with regard to continuing with the process or beginning again. It was determined that Council can move forward to the Public Hearing stage with or without a recommendation from the Committee. Deputy Warden Shatford noted that any issues he heard were about the development itself and not the rezone. The majority of residents living in the community want to know about the development and not the rezoning. He didn’t hear from more than two or three people who were opposed. Those who did not want the development were from the lake area. 2022-402 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council conduct First Reading of the intent to amend the Municipal Land Use By-Law to rezone a portion of PID 60422888 from Settlement Residential Two (SR2) Zone to Mixed Use (MU) Zone and conduct a public hearing. ALL IN FAVOUR. MOTION CARRIED.  DISCUSSION: Discussion was held on the legal grounds of accepting or not accepting a recommendation from a committee and it was confirmed that Council has the option to move forward regardless of the recommendation. Council can still make Council (continued) October 13, 2022 409 the decision to move forward; the key is that Council has considered the amendment. ALL IN FAVOUR. MOTION CARRIED. 2022-403 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the date and time for a Public Hearing with regard to the request to Rezone a portion of PID 60422888 be held on November 10, 2022 at 6:30 p.m. in Council Chambers. ALL IN FAVOUR. MOTION CARRIED. Councillor Veinotte returned to the Council Chambers. 7.4 Request for Decision prepared October 5, 2022 – Community Development & Recreation - Community Walking Signs. Chad Haughn, Director of Community Development and Recreation was present to review the Request for Decision prepared October 5, 2022 regarding community walking signs. He outlined what other units are doing as well as Hike NS. The signs would not be placed on the Transportation right of way; they would be placed on private property. There are currently some signs produced by politicians that are around the municipality as well. Councillor Connors noted that her community is looking into this as well and they are prepared to move ahead regardless of what Council’s decision is. The options were outlined, and Deputy Warden Shatford commented that it may be a good addition to have signage for cycling as well, particularly for Highway 329. 2022-404 MOVED by Councillor Connors, SECONDED by Councillor Wells that Council approve proceeding with a unique Municipality of the District of Chester Community Walking Sign Program as well as a Community Cycling Sign Program. ALL IN FAVOUR. MOTION CARRIED. 7.5 Request for Decision prepared October 5, 2022 - Corporate & Strategic Management - Award of T-2022-023 Print Services. Jennifer Webber, Communications and Outreach Officer was present to review the Request for Decision prepared October 5 regarding the award of MODC-T-2022-023 for printing services. There was only one submission from the current provider at a nominal increase. Council (continued) October 13, 2022 410 2022-405 MOVED by Councillor Veinotte, SECONDED by Deputy Warden Shatford that Council approve the award of a three-year contract for printing services (MODC- 2-2022-023 Print Services) to the sole bidder, Advocate Printing, for a total cost not exceeding $70,701.00 + HST. ALL IN FAVOUR. MOTION CARRIED. 7.6 Request for Decision prepared October 5, 2022 – Community Development & Recreation – Appointment of Inspectors. Chad Haugh, Director of Community Development & Recreation was present to review the Request for Decision prepared October 5, 2022 regarding the appointment of Inspectors. 2022-406 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council cross-appoint Municipality of the District of Lunenburg staff member Amanda Esterbrooks as Building Official, Fire Inspector, and Administrator of Dangerous and Unsightly Properties. It is further approved that Municipality of the District of Chester staff member, Brendan Mosher, be appointed as Fire Inspector and Administrator of Dangerous and Unsightly Premises. DISCUSSION  Clarification was provided on what a building official is, i.e., a building inspector. Also, it was noted that the staff from the Municipality of the District of Lunenburg would conduct work in this municipality if someone were out sick or on vacation or there was a need for additional building inspection services. ALL IN FAVOUR. MOTION CARRIED. 7.7 Request for Decision prepared September 28, 2022 - Infrastructure & Operations – RFQ For Fleet Purchases (MODC-T-2022-021 and MODC-T-2022-022) Matthew Blair, Director of Infrastructure & Operations was present to review the Request for Decision prepared September 28, 2022 regarding the Request for Quotes for Fleet Purchases (trucks). 2022-407 MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council direct staff to award the following fleet purchases:  MODC-T-2022-021 – ¾ ton Truck to Steele Chevrolet Dartmouth for $54,950 (this includes a trade-in value of $4,500).  MODC-T-2022-022 – ½ ton truck to Steele Chevrolet Dartmouth for $54,490. ALL IN FAVOUR. MOTION CARRIED. Council (continued) October 13, 2022 411 CORRESPONDENCE 8.1 Email from Suzanne McLennan to Councillor Veinotte regarding addition of bicycle lanes/paved shoulders on Highway 329 along with list of names of people who have signed a petition. Warden Webber noted that there was an email received after the proclamation from Ivor MacDonald of New Harbour Road) who indicated that he would like his name added to the petition as well. Councillor Veinotte indicated that this petition has likely been forwarded to the province already. They are concerned about the danger on Highway 329 between cyclists and motorists. 2022-408 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the petition with the list of names received from Suzanne McLennan as well as the additional email from Ivor MacDonald (New Harbour Road) with regard to the request to add bicycle lanes/paved shoulders on Highway 329 for safety reasons be referred to the province for consideration. ALL IN FAVOUR. MOTION CARRIED. NEW BUSINESS 9.1 November and December Schedule of Council/Committee of the Whole Meetings. 2022-409 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that Council accept the following schedule of meetings for November and December 2022:  November 3 – Committee of the Whole – Cancelled due to NSFM Conference.  November 10 – Council Meeting.  November 17 – Committee of the Whole Meeting.  November 24 – Council Meeting.  December 1 – Committee of the Whole.  December 8 – Council Meeting.  December 15 – Committee of the Whole Meeting and Special Council Meeting.  December 22 – Council Meeting if required. ALL IN FAVOUR. MOTION CARRIED. Council (continued) October 13, 2022 412 9.2 Information Report prepared October 4, 2022 – Corporate & Strategic Management - Sponsorship Update. Erin Lowe, Senior Economic Development Officer outlined the recent sponsorship of AFN Gold River Powwow for Council. 9.3 Glengarry Road – Councillor Connors. Councillor Connors noted that there are a number of concerned citizens of Glengarry Road who have forwarded a letter of concern and petition to the MLA hoping that she may be able to move the request along to the NS Department of Public Works. The condition of the road is of great concern to various users, i.e., daily use by residents, fire or medical emergency responders, business owners, and visitors. She noted that part of the road is paved with asphalt and the remainder being surfaced with lower quality sand seal paving. In recent years, sections of the road have deteriorated causing damage to tires. 2022-410 MOVED by Councillor Connors, SECONDED by Councillor Veinotte that Council direct staff to prepare a letter to forward to the NS Department of Public Works (with a copy to the MLA, Councillor Connors, and Kenneth Seaboyer of Glengarry Road) requesting a review of Glengarry Road due to the current state of the road. ALL IN FAVOUR. MOTION CARRIED 9.4 New Ross Trails Society – Councillor Connors. Councillor Connors reported to Council that Mobility Day held at Ruby’s Trail was attended by approximately 100 people three years ago and the same number turned out for the event held recently. There were new residents of Chester Basin who attended because they saw the event in the Recreation Guide. There were also people there who noted that they saw the trail noted in “All Trails Nova Scotia” and a family enjoying a thanksgiving day hike. Lunenburg County Hikers are doing hikes around the province and are coming on the first Saturday in November. She also noted that the group is hoping to come to Council to provide an update on the trails next week. 9.5 New Ross Regional Development Society – Councillor Connors. Councillor Connors updated Council on the development of a strategic plan by the Society. Over the late summer they finished the strategic plan but did not go to print with it until they developed a logo – which they did last evening. The logo was developed by a local Council (continued) October 13, 2022 413 graphic designer; a young person who is from the community and has recently joined the group. She also noted that they are working on plans for the 30th Christmas Festival in 2023. 9.6 Uniform Signage Program – Deputy Warden Shatford. Deputy Warden Shatford thanked Council and staff for supporting the project. As a pilot project there were some flaws, but overall, he felt it was a huge success with more compliments than complaints. The one issue was some of the signs were not erected in time. He suggested if this pilot were to expand, that the old signage not be removed until new signage is up. He also suggested that those who purchased signs to be placed this year – and were not – that they not be charged the fee in 2023. 2022-411 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council agree to waive the 2023 fees for businesses who paid for the signs to be installed this year but did not actually have them installed. DISCUSSION:  It was noted that the initial fee is $150 but the annual fee is then $40. ALL IN FAVOUR. MOTION CARRIED. Deputy Warden Shatford also suggested that if the pilot is going to be used in other locations, that the work start now. It was a great success at Exit 6. Now is the time to get the information out to the businesses. The CAO noted that this also requires a by-law amendment and extensive consultation with businesses, so may need more time to get it done. Warden Webber suggested a report on what the implications would be, including the by- law change. 9.7 Streetlights – Councillor Wells. Councillor Wells commented on the request from Ms. Bremner at a previous meeting regarding streetlights. He would like to know the process and costs. The CAO noted that the most important step is to scope the work. It has been the practice for Councillors to scope the work, i.e., identify how many and where. He suggested a team Council (continued) October 13, 2022 414 member from the Infrastructure & Operations Department who is the contact with NS Power. They can confirm the status of the streetlights already there, i.e., private or public. 9.8 Fall Agenda Planning Document – Dan McDougall, CAO. The CAO provided a handout that he has prepared for the upcoming meetings in October, November, and December. This is primarily for high priority or urgent items (routine items won’t be forecasted). This is to ensure staff are focusing on the matters most important to Council. It is important for Council to review and determine if anything is missing. Staff want to focus on projects most important to Council. The Section for Future Priorities – Confirm and Schedule is for matters that staff are working on but won’t be done before the end of December. 2022-412 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that Council accept the outline of the Fall 2022 Agenda Planning as provided to Council on October 13, 2022. ALL IN FAVOUR. MOTION CARRIED. IN CAMERA There were no “In Camera” items for discussion. ADJOURNMENT 2022-413 MOVED by Councillor Church, SECONDED by Councillor Assaff the meeting adjourn. (11:36 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk MOTIONS FROM COMMITTEE OF THE WHOLE ON OCTOBER 20, 2022 FOR COUNCIL APPROVAL ON OCTOBER 27, 2022 2022-417 APPROVAL OF AGENDA/ORDER OF BUSINESS 2022-418 APPROVAL OF SEPTEMBER 15 COW MINUTES 2020-419 PURCHASE OF ESRI WORKFORCE STARTER SOLUTION MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to approve an addition to the currently 2022/23 budget of $18,000 + HST for the purchase of the ESRI Workforce Starter Solution (WSS) add-on app, an unbudgeted expenditure to be funded via the General Reserve. ALL IN FAVOUR. MOTION CARRIED. 2022-420 LIGHTING AT GAZEBO, PARADE SQUARE MOVED by Councillor Wells, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to reduce the lighting at the Gazebo (Parade Square) by having lights turn off at 8:00 p.m. (unless there is a need to have lighting for an event), remove the setting to come on in the morning, and look for opportunities to update the lighting system when it applies. ALL IN FAVOUR. MOTION CARRIED. 2022-421 SNOW AND ICE CONTROL CONTRACTS MOVED by Councillor Veinotte, SECONDED by Councillor Wells that the Committee of the Whole recommend to Council to award the following contracts for snow and ice control for three-year terms: MODC-T-2022-004: Winter Sidewalk Maintenance: Western Shore: $48,028.96 + HST William Gerhardt Property Improvement. Chester Basin: $42,460.39 + HST William Gerhardt Property Improvement. New Ross: $52,021.00 + HST Danny Hiltz Excavating. Chester: $121,464.56 + HST William Gerhardt Property Improvement. Hubbards: $34,803.60 + HST William Gerhardt Property Improvement. MODC-T-2022-005: Winter Road Maintenance Aspotogan and East River Point Area: $52,050.00 + HST George Zinck Excavation & Trucking. MODC-T-2022-006: Winter Road Maintenance Mill Cove: $42,600.00 + HST BA Saulnier Cabinet Making. ALL IN FAVOUR. MOTION CARRIED. 2022-422 IN CAMERA 2022-423 ADJOURNMENT MOTION FOR COUNCIL’S CONSIDERATION FROM MONDAY, OCTOBER 17, 2022 RECREATION AND PARKS COMMITTEE 2022-414 MOVED by Ross Shatford, SECONDED by Brad Armstrong, that the minutes of June 20, 2022, meeting of the Chester Recreation & Parks Committee be approved. MOTION CARRIED. 2022-415 MOVED by Ross Shatford, SECONDED by Patricia Bates, that the Recreation Committee recommend to Council to approve $20,000 in Recreation Grants to the applications as per the Committee’s recommendations (see attached list below). MOTION CARRIED. 2022-416 MOVED by Brad Armstrong, SECONDED by Ross Shatford, that the meeting adjourn. MOTION CARRIED. (7:55 pm) mcinnescooper.com Our File: 211561 September 8, 2022 BY E-MAIL: council@chester.ca Chester Municipal Council 151 King Street Chester NS B0J 1N0 To Members of Council: RE: M. Keddy Farm and Forest Limited Please find a petition by M. Keddy Farm and Forest Limited made to Municipal Council pursuant to the Private Ways Act, R.S.N.S. 1989, c.358. I would be pleased to give a presentation to Council regarding this request at the convenience of Council. Please contact my administrative assistant, Cathy Ohlhausen at 902-455-8215 or catherine.ohlhausen@mcinnescooper.com, to advise when this petition will be placed before Council and whether I can be given an opportunity to address the petition at that time. We look forward to hearing from you. Yours very truly, Ian R. Dunbar IRD/co c. Clients (#39345974) Ian R. Dunbar Direct +1 (902) 444 8421 ian.dunbar@mcinnescooper.com 1969 Upper Water Street Suite 1300 Purdy's Wharf Tower II Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 (revised petition (clean)) mcinnescooper.com Our File: 211561 September 9, 2022 By Courier Municipal Council Municipality of the District of Chester 151 King Street PO Box 369 Chester, NS B0J 1J0 Members of Council: Re: Petition by M. Keddy Farm and Forest Limited to Municipal Council Pursuant to the Private Ways Act, RSNS 1989, c 358 We represent M. Keddy Farm and Forest Limited (“Keddy”), registered owner of the properties bearing PIDs 60122231 and 60122132, located in Aldersville, Lunenburg County, Nova Scotia (the “Properties”). The Properties are forested lands, which have historically been used for timber harvesting and other forestry-related enterprise. Keddy has conducted forestry activity, including timber extraction, upon certain parts of PID 60122231. Keddy wishes to continue to extract do silviculture and planting at the Properties, and to extract timber from other portions of those lands. However, as discussed below, Keddy only has a recorded right-of-way to access a portion of the Properties. Accordingly, Keddy presents this Petition to Municipal Council pursuant to Part II of the Private Ways Act, RSNS 1989, c. 358 (the “Act”), for the establishment of a private way over certain lands between the Properties and Nova Scotia Highway 12. In addition to this correspondence, Keddy relies on the Statutory Declaration of Michael G. Keddy, dated September 2, 2022, in support of its Petition. Background The Properties are adjacent forested lots. Neither property abuts a main road. Except for the waters of Hunts Lake along the southern boundary of the larger of the two lots, the Properties are landlocked. The only existing means to access the Properties is a 12-foot gravel access road from Nova Scotia Highway 12 (the “Access Road”). Ian R. Dunbar Direct +1 (902) 444 8421 ian.dunbar@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 Ian R. Dunbar Direct +1 (902) 444 8421 ian.dunbar@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 MCINNES COOPER Page 2 211561 September 9, 2022 (revised petition (clean)) From Highway 12, the Access Road crosses two wooded properties: PID 60122249, owned by Ashley and Ruth Aalder (the “Aalder Lot”), and PID 60122256, owned by Sybil Butler and Ruth Young (the “Butler Lot”) (together, the “Servient Lands”). Keddy already has a recorded right-of-way over the Servient Lands to access a portion of the Properties via the Access Road. However, Keddy’s right-of-way does not expressly extend to all portions of the Properties. Keddy therefore wishes to formalize a right of access to the remaining portions of the Properties over the existing Access Road. Keddy has unfortunately been unable to reach a reasonable agreement with the owners of the Servient Lands to do so. It therefore brings this Petition pursuant to Part II of the Act. Jurisdiction of Council Section 17 of the Act provides that a landowner may petition the council of the municipality in which the land is located for a right of access to that property as follows: Petition for private way or road 17 (1) Any freeholder or freeholders of any municipality may present a petition to the council praying for the obtaining and laying out of a private way or road, either open or pent. (2) Where the council is satisfied that the application should be granted, it shall order a precept to be issued to a competent person as a commissioner, directing him, within a convenient time, to (a) examine whether the proposed private way or road is the most practicable and reasonable means of access for the person or persons petitioning for the way or road to his or their lands or property or rights; (b) if satisfied with respect thereto, lay out the same in the manner most advantageous to the person or persons applying for the way or road and least detrimental to the owner or owners of the land through which the same shall pass; and (c) mark out the same on the land. The Act was recently discussed by the Honourable Justice Peter Rosinski in the case of Cron v. Halifax (Regional Municipality), 2010 NSSC 460. In Cron, the municipality agreed with the petitioner that it had the legal authority to entertain the petition. The owners of the intended servient property challenged the municipality’s jurisdiction. The Court sided with the petitioner and municipality and the petition was ultimately successful. The Court wrote, at paragraph 5: [5] Ms. Sheehan has proposed that she would like to make a petition to the HRM Municipal Council to obtain an easement over the lands owned by the Crons for the purpose of vehicular access. Such a petition is possible by virtue of the Private Ways Act, R.S.N.S. 1989 c. 358 as amended… MCINNES COOPER Page 3 211561 September 9, 2022 (revised petition (clean)) For the reasons set out below, Keddy respectfully states that its Petition should be granted and that a commissioner should be appointed by Council pursuant to Section 17 of the Act to determine the above noted issues and follow the ensuing procedures described in the Act. Merits of the Petition Keddy is a local, family-owned, enterprise. It is in the business of, among other things, sustainably harvesting timber for firewood. The Properties are resource forests containing approximately 530 acres which consist of 120 acres of timber, over 200 acres of other lands which Keddy has begun to silviculture, over 200 acres of land to be replanted, and lake frontage that can be further developed. The parcel that is currently identified as PID 60122231 used to exist as three separate lots. Keddy acquired and consolidated those lots into a single parcel in or about 2021. Prior to consolidation, only the northernmost of the three lots held a recorded right-of-way over the Servient Lands. At present, Keddy has a recorded right-of-way permitting it to access a portion of its property bearing PID 60122231 via the Access Road. This right-of-way is broad, in that Keddy may access the lands “for any purpose associated with the land.” Keddy has also entered into an easement agreement with the owners of the Butler Lot, which permits Keddy to access all portions of the property bearing PID 60122231. Keddy is in the process of entering into a revised or further agreement with the owners of the Butler Lot to permit access to both Properties, based on Keddy’s recent acquisition of the lot bearing PID 60122132. However, Keddy has been unable to reach an agreement with the owners of the Aalder Lot with respect to an easement allowing Keddy to access all portions of the Properties. Through this Petition, Keddy is not seeking to widen the Access Road or otherwise enhance the physical burden placed upon the Servient Lands. Simply put, Keddy is merely requesting that Council appoint a Commissioner to determine whether to extend Keddy’s existing right-of-way over the Aalder Lot (via the existing Access Road) to benefit the entirety of the Properties. Without formally extending Keddy’s existing right-of-way to the remaining portions of the Properties, Keddy would be left with no practical use for those lands. Keddy says it is undesirable, as a matter of public policy, for land, particularly land endowed with economically viable natural resources, to be inaccessible and incapable of being used. Keddy has invested significant funds into road infrastructure at the Properties, including expenses to improve and maintain the Access Road. Keddy has invested over $10,000 on the Aalders’ portion of the right-of-way area alone. Extending the existing right-of-way in the manner Keddy proposes would result in no deleterious effects upon the Servient Lands, while rendering otherwise unusable land economically viable, and available for potential future uses and development, resulting in the general increase of land values in the area. MCINNES COOPER Page 4 211561 September 9, 2022 (revised petition (clean)) Moreover, Keddy is prepared to pay reasonable compensation to the landowners whose lands will be subject to the intended right of way over the Access Road, in accordance with the Act. Keddy says that its requested private way over the Servient Lands is necessary, just, and reasonable. Keddy therefore respectfully says that its Petition should be granted and requests that the matter be referred by Council to a commissioner, in accordance with Section 17 of the Act. Conclusion Keddy looks forward to hearing from Council once it has had an opportunity to review this Petition and would be pleased to supply any further information that is reasonably required. Yours very truly, Ian R. Dunbar Form 5.03 2022 BETWEEN: SUPREME COURT OF NOVA SCOTIA ASHLEY BRENT AALDERS and RUTH M. AALDERS and M. KEDDY FARM AND FOREST LIMITED Notice of Application in Chambers No. Applicants Respondent To: M. KEDDY FARM AND FOREST LIMITED c/o Daniel Oulton and Michael Brooker, Q.C., Counsel for Respondent Burchell MacDougall Lawyers LLP 4f§ 29 Elm Ave � � Wolfville, NS B4P 2A1 Co(u i .A .. .., The Applicants requests an order against you. l(ef1iville J A: The Applicants is applying to a Judge in chambers for an order that: 'ion Office ce Centre 1. Declares the grant of easement registered in the Registry of Deeds for Lunenberg County on December 10, 2014 as Document Number 106312557 (and re- recorded on December 22, 2014 as Document Number 106383277) (the "Grant of Easement") only benefits the lands described in the Grant of Easement (the "Easement"); 2. Respondent cease trespass upon the lands of the Applicants, currently identified as PID 60122249, including cessation of removal of logs from lands that do not benefit from the Easement; 3. Respondent, and its servants, employees, agents, assigns, officers, directors, and anyone else acting on their behalf or in conjunction with any of them, and any and all persons with notice of this injunction, are restrained, enjoined, and prohibited from directly or indirectly, by any means whatsoever, trespassing upon the lands of the Applicants by using the Easement for the benefit of any lands that the Easement does not benefit; and 4. Respondent pay to the Applicants the costs of this Application. The Applicants started this application by filing this notice on the date certified by the prothonotary. Grounds for order The Applicants are applying for the order on the following grounds: 1. The Applicants are the fee simple owners of a parcel of land identified as PID 60122249 (the "Applicants' Parcel"). 2. The Respondent is the fee simple owner of a parcel of land identified as PID 60122231 (the "Respondent's Parcel"). 3. The Respondent's Parcel was formerly three separate parcels as shown on a plan of survey dated August 20, 2021 and registered in the Land Registration Office for Lunenburg County on September 13, 2021 as Plan Number 119273945 (the "Plan"), which parcels were formerly identified as PID 60122231, PID 60123486, and PID 60123494, however the Applicants do not confirm or deny the accuracy of this Plan and may produce their own survey evidence if relevant to this proceeding. 4. The Respondent's predecessor in title was granted access to the parcel formerly identified as PID 60122231 and described in the Grant of Easement and said benefiting parcel is purportedly shown on the Plan as "DOCUMENT NO. 118316729 PID NO. 60122231 AREA = 279.4 ACRES+-". 5. The Respondent's parcels formerly identified as PID 60123486 and PID 60123494 and shown on the Plan as "DOCUMENT NO. 118174490 PID NO. 60123486 AREA = 101.8 ACRES +-" and "DOCUMENT NO 118174490 PID NO. 60123494 AREA = 53.5 ACRES +-", respectively, do not benefit from the Easement (the "Non - Benefiting Portions"). 6. The description in the Respondent's Parcel's parcel register is inaccurate and states that the Easement benefits the entirety of the Respondent's Parcel, without any limitation on the extent of the Easement. 7. The Respondent is using the Easement to remove logs from the Non -Benefiting Portions of the Respondent's Parcel without the consent of the Applicants, which is trespass. 8. A registered letter dated June 25, 2021 was sent to the Respondent giving notice to cease its trespass. 9. A registered letter dated November 1, 2021 was sent to the Respondent giving notice to cease its trespass. No response was received. 10. The Respondent continues to trespass. 11. The Respondent intends, unless restrained by this Honourable Court, to continue and repeat the wrongful acts above complained of. 12. The Applicant claims an injunction to restrain the Respondent by itself, its directors, servants, agents or otherwise howsoever from using the Easement to access portions of the Respondent's Parcel that do not benefit from the Easement. 13. The Applicants rely on the Land Registration Act, SNS 2001, c 6, as amended and its regulations. 14. The Applicants rely on the Protection of Property Act, RSNS 1989, c 363, as amended. 15. The Applicants rely on the Evidence Act, RSNS 1989, c 154, as amended. Evidence supporting application The Applicants offers the following affidavit in support of the application: 1. Affidavit of Ashley Brent Aalders sworn on May 4 2022. A copy of each affidavit is to be delivered to you with this notice, and further affidavits may be delivered before the deadlines provided in Civil Procedure Rule 5 - Application. You may participate You may file with the court a notice of contest, and any affidavits upon which you rely, no more than 5 days after this notice is delivered to you or you are otherwise notified of the application. Filing the notice of contest entitles you to notice of further steps in the application, including notice of further affidavits. Time, date, and place The application is to be heard by the judge in chambers at cl° 3 :Yp.m. on June 21, 2022 in the Kentville Law Courts, 87 Cornwallis Street, Kentville, Nova Scotia. You have the right to be present and to be represented by counsel or to act on your own. If you are not present, the judge may proceed without you. Possible order against you The judge may grant a final order on the application without further notice to you if you fail to deliver your notice of contest on time, or if you or your counsel fail to appear in chambers at the above time, date, and place. Filing and delivering documents Any documents you file with the court must be filed at the office of the prothonotary 87 Cornwallis Street, Kentville, Nova Scotia (telephone # (902) 679-5540). When you file a document, you must immediately deliver a copy of it to the Applicant and each other party entitled to notice, unless the document is part of an ex parte motion, the parties agree delivery is not required, or a judge orders it is not required. Contact information The Applicant designates the following address: muttarts law firm c/o Nick Moore 20 Cornwallis Street PO Box 515 Kentville, Nova Scotia B4N 3X3 Documents delivered to this address are considered received by the Applicant. Further contact information is available from the prothonotary. Signature Signed May . 2022 L Signature of counsel Nick Moore as counsel for Applicants Prothonotary's certificate I certify that this notice of application was filed with the court on 2022. CORINNE . CU RIE Prothonotary Form 39.08 2022 BETWEEN: SUPREME COURT OF NOVA SCOTIA ASHLEY BRENT AAALDERS and RUTH M. AALDERS and M. KEDDY FARM AND FOREST LIMITED Affidavit Sworn on May , 2022 No. c' / Applicants Respondent make oath and give evidence as follows: 1 I am Ashley Brent Aalders, one of the Applicants in the applicator 1:ville ` usl `'` Canfte 2 I have personal knowledge of the evidence sworn to in this affidavit except where otherwise stated to be based on information and belief. 3 I state, in this affidavit, the source of any information that is not based on my own personal knowledge, and I state my belief of the source. 4 Any reference in this affidavit to the Registry of Deeds or Land Registration Office are to the Registry of Deeds for Lunenburg County and Land Registration Office for Lunenburg County. 5 Any reference in this affidavit to `certified` documents or statements are documents and statements certified by a registrar or Registrar General appointed under the Land Registration Act, SNS 2001, c 6 or certified by a registrar of deeds under the Registry Act, RSNS 1989, c 392, in accordance with sections 28 and 29 of the Evidence Act, RSNS 1989, c 154. 6 Ruth M. Aalders and I are the only registered fee simple owners of property located at No 12 Highway, Aldersville, Nova Scotia, and presently known as PID 60122249 ("My Property"). We are joint tenants. 7 Attached as Exhibit "A" is a Certified Statement of Registered and Recorded Interests for My Property, along with the Property Online mapping graphic print-out. 8 The Respondent is the registered fee simple owner of property located at No 12 Highway, Aldersville, Nova Scotia, and presently known as PID 60122231 (the "Keddy Property"). Page 1 of 7 9 Attached as Exhibit "B" is a Certified Statement of Registered and Recorded Interests for the Keddy Property, along with the Property Online mapping graphic print-out. 10 My Property is burdened by an easement (the "Easement") created by a grant of easement (the "Grant of Easement") dated December 2, 2014 which, my lawyer informs me, was recorded in the Registry of Deeds on December 10, 2014 as Document Number 106312557 and re-recorded on December 22, 2014 as Document Number 106383277. 11 Attached as Exhibit "C" is a Certified copy of the Grant of Easement (recorded as Document Number 106312557 and as Document Number 106383277). 12 The Easement benefits a portion of the Keddy Property that was conveyed to the Respondent in a deed dated March 29, 2021 and was, my lawyer informs me, registered in the Land Registration office on March 31, 2021 as Document Number 118316729 (the "Dominant Tenement Deed"). 13 Attached as Exhibit "D" is a Certified copy of the Dominant Tenement Deed. 14 The parcel described in the Dominant Tenement Deed appears to be shown on the Respondent's plan of survey dated August 20, 2021 and was, my lawyer informs me, registered in the Land Registration Office on September 13, 2021 as Plan Number 119273945 (the "Plan"). 15 Attached as Exhibit "E" is a copy of the Plan. 16 1 do not accept the Plan as being accurate, however, for the purpose of this application, it is useful to help show the location of the lands that benefit from the Easement. The Easement only benefits the lands described in the Grant of Easement, which is always subject to survey. 17 The Grant of Easement grants the use of an existing private road running through My Property (and my neighbour's property) from Highway Number 12 to and for the benefit of a portion of the Keddy Property (the portion being the lands shown as "DOCUMENT NO. 118316729 PID NO. 60122231 AREA = 279.4 ACRES+-" on the Plan). 18 My Property is not burdened by any easements or rights -of -way that benefit the portions of the Keddy Property described in their deed that was, my lawyer informs me, registered in the Land Registration office on March 10, 2021 as Document Number 118174490, and these portions are shown as "DOCUMENT NO. 118174490 PID NO. 60123486 AREA = 101.8 ACRES +-" and "DOCUMENT NO 118174490 PID NO. 60123494 AREA = 53.5 ACRES +-" on the Plan. Page 2 of 7 19 The Respondent consolidated the three parcels shown on the Plan into one consolidated parcel by way of a consolidation deed dated September 21, 2021, which was, my lawyer informs me, registered in the Land Registration Office on November 2, 2021 as Document Number 119562594 (the "Consolidation Deed"). 20 Attached as Exhibit "F" is a Certified copy of the Consolidation Deed. 21 The Consolidation Deed states that the extent of the Easement is limited to benefiting the lands described in the Grant of Easement and also being the lands described in the Dominant Tenement Deed; however, the property description in the parcel register for the Keddy Property does not state this limitation of the extent of the Easement. 22 To this day, the description in the parcel register for the Keddy Property remains inaccurate as the description does not contain a limitation of the extent of the Easement. 23 In Fall 2020, Michael G Keddy, president of M. KEDDY FARM AND FOREST LIMITED approached me at 312 Hunts Lake Road and informed me that he was interested in purchasing the Barry Russell properties (PIDs 60123486 and 60123494) across the lake and asked me if I was interested in extending a legal easement to those properties and I said no I was not interested in extending any easements. 24 On June 21, 2021, 1 borrowed my neighbour's ATV and drove back on the woods roads and I saw the roadways that the Respondent has created that extend to portions of the Keddy Property that do not benefit from the Easement. 25 Attached as Exhibit "G" are four photographs taken by me on June 21, 2021 of the wood piles stacked on portions of the Keddy Property that do not benefit from the Easement and the hauling activity. 26 The cutting of timber and hauling was occurring as early as 3:30 a.m. and continuing six days a week during the periods when they were actively working and I have watched the Respondent's contractor, Eisnor's Forestry Ltd., haul logs from portions of the Keddy Property that do not benefit from the Easement. 27 I instructed my lawyer, Geoff Muttart, to write a letter to the Respondent and its contractor Eisnor's Forestry Ltd. demanding it and its contractors cease their trespass of using the Easement for removing logs from portions of the Keddy Property that do not benefit from the Easement. 28 Attached as Exhibit "H" is a copy of the letter from my lawyer to the Respondent and Eisnor's Forestry Ltd. dated June 25, 2021 (the "June 25 Letter"), along with the Canada Post print outs indicating delivery by registered mail. Page 3 of 7 29 On June 27, 2021, I was on My Property checking out some of my boundary lines when approached by Gerald Keddy, who is the brother of Michael G. Keddy. Gerald Keddy and I discussed what the Respondent had on the go back in the woods across the lake. Gerald Keddy told me, and I believe him, that the Respondent had hired Eisnor's Forestry Ltd. to cut timber and haul it out over the Easement. I told him that was not allowed as the benefit of the Easement did not extend to the areas where he described the timber being cut. His response was that he and his lawyer believed they could use the Easement. 30 On July 7, 2021, I met with Michael G. Keddy and Gerald Keddy at 4032 Hwy 12 New Ross to discuss the Easement and my lawyer's letter dated June 25, 2021. I informed them that the Easement did not extend any benefits to lands other than those lands described in the Grant of Easement. Michael G. Keddy and Gerald Keddy disagreed with me. 31 At the July 7, 2021 meeting, Michael G. Keddy and Gerald Keddy both admitted, and I believe them, that they were using the Easement to haul logs from portions of the Keddy Property that do not benefit from the Easement. Michael G. Keddy also told me, and I believe him, that it was the Respondent's intention to eventually sell lots along Hunts Lake with access over the Easement. Again, I told both Michael G. Keddy and Gerald Keddy that the Easement does not extend beyond the lands described in the Grant of Easement, which they both disagreed with. 32 At the July 7, 2021 meeting, I explained to Michael G. Keddy and Gerald Keddy that the Respondent's contractor's trucks that were hauling logs from portions of the Keddy Property that do not benefit from the Easement were causing damage to the private road. 33 On July 20, 2021. 1 went back on the woods roads and I saw more activity of roadways being constructed on portions of the Keddy Property that do not benefit from the Easement by way of cutting of a path through the woods, piles of new culverts ready to be installed, and a fuel tank. I also saw more wood piles stacked on portions of the Keddy Property that do not benefit from the Easement. 34 Attached as Exhibit "I" are five photographs taken by me on July 20, 2021 of a pile of culverts, fuel tank, and piles of wood on portions of the Keddy Property that do not benefit from the Easement. 35 On July 23, 2021, I emailed the June 25 Letter to Luke Skerry, the Forest Technician for Harry Freeman & Sons Ltd, and being a contractor for the Respondent. Luke Skerry responded by email on August 3, 2021. Page 4 of 7 36 Attached as Exhibit "J" is a copy of Luke Skerry's email dated August 3, 2021, which was a reply to my email sent to him on July 23, 2021. 37 On July 27, 2021, I met with Gerald Keddy at 312 Hunts Lake Road to discuss the illegal use of the Easement. During our conversation, he offered me $20,000 for an easement to extend to the portions of the Keddy Property that do not benefit from the Easement. 38 During the July 27, 2021 conversation with Gerald Keddy, Gerald Keddy told me, and I believe him, that the Respondent's intention, after logging was complete, was to build a road along Hunts Lake and then develop and sell lots with access over the Easement. I again told him that the Easement did not extend beyond the lands described in the Grant of Easement, but he again disagreed with me. 39 In early August 2021, I met with Gerald Keddy and Michael G. Keddy at 312 Hunts Lake Road. I told them I was not interested in their offer of $20,000 to extend an easement and they increased their offer to $25,000. I requested clarification on what they wanted the new right-of-way to include. I did not accept their revised offer. 40 On August 11, 2021, 1 met with Gerald Keddy at 312 Hunts Lake Road and he gave me a draft of a letter outlining a list of the Respondent's demands. The draft letter requested that I grant an easement that extends to the portions of the Keddy Property that do not benefit from the Easement. I did not agree to the letter. 41 Attached as Exhibit "K" is a copy of the draft letter I received from Gerald Keddy on August 11, 2021. 42 On September 29, 2021, I saw that the roads on the Keddy Property, which connect to the portions of land that do not benefit from the Easement, were newly gravelled with Class -A gravel and a culvert had been installed. 43 On October 15, 2021, I met with Gerald Keddy at 312 Hunts Lake Road, he told me, and I believe him, that once the logging is complete, the Respondent intends to subdivide and sell lots together with a right-of-way from the portion of the Keddy Property that doesn't benefit from the Easement, regardless of whether 1 grant the Respondent an extension of the Easement. 44 On October 31, 2021, I saw more wood piles having been cut and piled on portions of the Keddy Property that do not benefit from the Easement. 45 Attached as Exhibit "1" are two photographs taken by me on October 31, 2021 showing piles of wood cut and piled on portions of the Keddy Property that do not benefit from the Easement. Page 5 of 7 46 Due to the continued and blatant trespass, I instructed my lawyer, Geoff Muttart, to send another letter demanding the trespass cease. 47 Attached as Exhibit "M" is a copy of the letter from my lawyer to the Respondent dated November 1, 2021, along with the Canada Post print out indicating delivery. 48 On November 3, 2021, I witnessed Eisnor's Forestry Ltd. contracted by the Respondent continue its trespass by hauling timber from the portions of the Keddy Property that do not benefit from the Easement. 49 On December 2, 2021, my cousin Charles Veinot took a flight over My Property and the Keddy Property and he took videos showing the extent of the logging on the portions of the Keddy Property that do not benefit from the Easement. 50 Attached as Exhibit "N" are two still images I took from Charles Veinot's video, which shows the extent of the logging operations that had occurred and the extension of the roadways on portions of the Keddy Property that do not benefit from the Easement. I also include a still image from a video Charles Veinot took in May 2021 as a comparison of the Keddy Property prior to the Respondent's logging on portions that do not benefit from the Easement. 51 Attached as Exhibit "O" are two photographs taken by me on November 3, 2021 of logs being hauled by Eisnor's Forestry Ltd. on behalf of the Respondent. 52 On April 11, 2022, I saw more wood piles having been cut and piled on portions of the Keddy Property that do not benefit from the Easement. 53 Attached as Exhibit "P" are two photographs taken by me on April 11, 2022 showing piles of wood cut and piled on portions of the Keddy Property that do not benefit from the Easement. 54 The Respondent continues to trespass by hauling logs from portions of the Keddy Property that do not benefit from the Easement. 55 The Respondent has not provided any assurances that it will not illegally extend the Easement upon future subdivisions. 56 I seek a court order to declare the extent of the easement and an injunction to prevent continued trespass by the Respondent and its agents, employees, and contractors. [signature page follows] Page 6 of 7 SWORN before me at Kentville, Nova Scotia this ({` day of May, 2022 Nick Moore, Lawyer ASHLEY BRED" gAtDERS Page 7 of 7 TABLE OF EXHIBITS PURSUANT TO CPR 39.08(5) Tab/Exhibit Description A Certified Statement of Registered and Recorded Interests for My Property B Certified Statement of Registered and Recorded Interests for the Keddy Property C Certified copy of the Grant of Easement D Certified copy of the Dominant Tenement Deed E Copy of the Respondent's plan of survey dated August 20, 2021 F Certified copy of the Consolidation Deed G Four photographs taken on June 21, 2021 H Copy of the lawyer letter dated June 25, 2021 I Five photographs taken on July 20, 2021 J Copy of Luke Skerry's email dated August 3, 2021 K Copy of the Respondent's draft letter received on August 11, 2021 L Two photographs taken on October 31, 2021 M Copy of the lawyer letter dated November 1, 2021 N Three still images from Charles Veinot's video 0 Two photographs taken on November 3, 2021 P Two photographs taken on April 11, 2022 This is the above noted Exhibit referred to in: idavit of Ashley Brent AaIders. swo�firmed] before me on the d_a_y of May, 2022. Signa Nick Moore, Lawyer Certified Statement of Registered and Recorded Interests Parcel Identification Number (PID): 60122249 * Indicates interests inherited on subdivision or re -configuration of parcel Land Registration Date\Time: 2021-06-18 16:19;56 Date/Time of Issuance of Certified SRI: 2022-04-22 11:10:00 Date/Time of Last Parcel Register Update: 2021-07-13 08:57:11 Registration District: LUNENBURG COUNTY The Registrar certifies that this Statement of Registered and Recorded Interests contains a listing of all interests that have been registered or recorded in the register for the above noted parcel (PID #) pursuant to the Land Registration Act, S.N.S. 2001, c.6 as of the date and time noted. This is to further certify that the parcel description contained in this Statement of Registered and Recorded Interests is a true copy of the description contained in the parcel register for the above -noted PID. The description has been certified to match the Property Identification Number for the parcel, pursuant to clause 37(4)(g) of the Land Registration Act, S.N.S. 2001, c.6. Neither the description of the parcel, nor the Provincial mapping is conclusive as to the location, boundaries or extent of the parcel [Land Registration Act, 8.211. PARCEL INFORMATION: Civic Address and Lot Number: NO 12 HIGHWAY ALDERSVILLE Condominium Corp. Number: General Location of the Parcel: ALDERSVILLE Parcel Access Type: PUBLIC REGISTERED OWNER'S INFORMATION: Owner Name: Qualifier: Interest Type: ASHLEY BRENT AALDERS FEE SIMPLE Document Reference: 111596855 Instrument Type: DEED Address of Owner: 4 THOROUGHBRED BLVD COCHRANE AB CA T4C 0X2 Non-resident of Nova Scotia? YES 2017-10-19 11:36:28 Owner Name: Qualifier: Interest Type: RUTH M AALDERS FEE SIMPLE Document Reference: 111596855 Instrument Type: DEED Address of Owner: 2783 LOVETT ROAD COLDBROOK NS CA B4R 1A5 *Indicates Parcel Register changes in process 2017-10-19 11:36:28 Non-resident of Nova Scotia? NO MANNER OF TENURE: JOINT TENANTS Description of Tenure: BENEFITS TO THE REGISTERED INTERESTS: Benefit Description: TOGETHER WITH AN EASEMENT / RIGHT OF WAY Interest Type: EASEMENT / RIGHT OF WAY HOLDER (BENEFIT) Document Reference: CHE 942 1990-06-26 00:00:00 150-311 Instrument Type: DEED Benefit Description: 60122256 Interest Type: SERVIENT TENEMENT PID Document Reference: CHE 942 1990-06-26 00:00:00 150-311 Instrument Type: DEED BURDENS ON THE REGISTERED INTERESTS: Interest Holder Name: 60122397 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 715 1979-04-06 00:00:00 70 - 500 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122546 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 2211 1973-11-01 00:00:00 44 - 765 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122462 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1433 1972-09-18 00:00:00 39 - 867 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122439 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1831 1983-07-29 00:00:00 92 - 566 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60I22413 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1344 1976-07-05 00:00:00 57 - 455 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122306 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1156 1974-06-25 00:00:00 47 - 609 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122280 Qualifier Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 256 1970-11-24 00:00:00 33 - 990 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122405 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1287 1972-08-21 00:00:00 39 - 568 Instrument Type: DEED Address of interest Holder: UNKNOWN Interest Holder Name: 60122363 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 679 1972-05-24 00:00:00 38 - 469 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122371 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 165 1971-07-06 00:00:00 35 - 629 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122348 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 2216 1980-11-06 00:00:00 77 - 714 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122587 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE I860 1976-09-09 00:00:00 58 - 327 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122256 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1119 1990-08-03 00:00:00 151 - 161 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122488 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1434 1972-09-18 00:00:00 39 - 870 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122298 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 30 1970-07-29 00:00:00 33 - 109 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122322 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 36 1970-08-05 00:00:00 33 - 130 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122538 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 2212 1973-11-01 00:00:00 44-768 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122272 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 264 1971-08-10 00:00:00 35 - 1021 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122397 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1216 1980-07-10 00:00:00 76 - 49 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60393253 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 715 1979-04-06 00:00:00 70 - 500 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122306 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DO1VIINANT PID Document Reference: CHE 1157 1974-06-25 00:00:00 47-612 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122454 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1872 1977-09-15 00:00:00 63 - 133 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122587 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1859 1976-09-09 00:00:00 58 - 324 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122512 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1337 1976-07-02 00:00:00 57 - 442 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122520 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 982 1975-06-02 00:00:00 52 - 451 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122264 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1142 1976-06-09 00:00:00 57-27 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122553 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1606 1981-08-27 00:00.00 81-104 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122504 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1107 1975-06-16 00:00:00 52 - 696 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122330 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 233 1971-07-27 00:00:00 35 - 883 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60393238 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 2191 1978-09-28 00:00:00 68 - 305 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122447 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1485 1972-09-25 00:00:00 39- 1011 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: Qualifier: Interest Type: 60122231 EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: 106312557 Instrument Type: EASEMENT/RIGHT OF WAY Address of Interest Holder: UNKNOWN 2014-12-10 09:25:27 Interest Holder Name: 60122421 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1143 1976-06-09 00:00:00 57 - 30 Instrument Type: DEED Address of Interest Holder: UNKNOWN Interest Holder Name: 60122561 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1607 1981-08-27 00:00:00 81 - 107 Instrument Type: DEED Address of Interest Holder: UNKNOWN *Indicates Parcel Register changes in process Interest Holder Name: 60122207 Qualifier: Interest Type: EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID Document Reference: CHE 1885 1977-09-19 00:00:00 63 - 161 Instrument Type: DEED Address of Interest Holder: UNKNOWN NON -ENABLING INSTRUMENTS: PARCEL DESCRIPTION: ALL that certain piece, parcel or lot of land situate, lying and being at Aaldersville in the County of Lunenburg and Province of Nova Scotia, on the western side of Highway No. 12 between New Ross and Kentville and bounded and described as follows: BEGINNING at the intersection of the western limit of Highway No. 12 and the southern boundary of lands now or formerly of David and Sheila Dorey; THENCE running in a Southerly direction along the western limit of Highway No. 12 a distance of 730 feet more or less to the northern boundary of land now or formerly of Herbert and Ruth Young; THENCE running in a Westerly direction along the northern boundary of the Young lands to Hunts Gully; • THENCE running in a Southerly direction along the western boundary of lands of Herbert and Ruth Young a distance of 510 feet; THENCE continuing in a Southerly direction along the eastern side of Hunts Gully, being the western boundary of lands formerly of Richard Russell, to the causeway near Hunts Lake; THENCE following the western limit of the Lake Road at the rear of the lake lots to the end of the said road, at the northern boundary of land now or formerly of Bruce Hamilton; THENCE running Northerly along the eastern boundary of the Lake Road a distance of 200 feet more or less; THENCE running Southeasterly to the western line of land now or formerly of Floyd Jollymore; THENCE running Northerly a distance of 400 feet to a stake; THENCE running Westerly a distance of 378 feet more or less to the Lake Road; THENCE continuing in a North or Northeasterly direction along the eastern boundary of the Lake Road a distance of 300 feet more or less; *Indicates Parcel Register changes in process THENCE running Easterly a distance of 250 feet more or less to the said Jollymore line; THENCE running along the Jollymore line a distance of 500 feet more or less to a stake or bound; THENCE running Westerly a distance of 50 feet more or less, to the Lake Road THENCE following the Lake Road at the rear of the lake lots to the eastern line of land now or formerly of Sybil Butler; THENCE following the eastern line of land of Sybil Butler to the Woods Road; THENCE continuing across the Woods Road in a Northerly direction for a distance of 3,040 feet more or less to the southern boundary of lands now or formerly of McGregor (formerly of Leander Aalders); THENCE running in an Easterly direction along the McGregor south line a distance of 1,716 feet or less, to the western line of land now or formerly of David and Sheila Dorey; THENCE running in a southerly direction along the Dorey west line a distance of 200 feet to a stake; THENCE running in an Easterly direction along the southern line of land of David and Sheila Dorey a distance of 300 feet to the western boundary of Highway No. 12 and the point of beginning. A lot of land containing 110 acres more or less. SAVING AND EXCEPTING all that land described in a deed dated August 6, 1980 and recorded in the Registry of Deeds for Lunenburg County in Book 77, at Page 714, and as Document Number CHE2216. Together With a free and uninterrupted use of the Woods Road and Lake Road from the public highway No. 12 to Hunts Lake and the lands herein conveyed. Subject to the right-of-ways described in the following deeds, which are recorded in the Registry of Deeds for Lunenburg County: 1. deed recorded on July 29, 1970 in Book 33, at Page 109, and as Document Number CHE30; 2. deed recorded on August 5, 1970 in Book 33, at Page 130, and as Document Number CHE36; 3. deed recorded on November 24, 1970 in Book 33, at Page 990, and as Document Number CHE256; 4. deed recorded on July 6, 1971 in Book 35, at Page 629, and as Document Number CHE165; 5. deed recorded on August 10, 1971 in Book 35, at Page 1021, and as Document Number CHE264; 6. deed recorded on. July 27, 1971 in Book 35, at Page 883, and as Document Number CHE233; 7. deed recorded on May 24, 1972 in Book 38, at Page 469, and as Document Number CHE679; 8. deed recorded on September 18, 1972 in Book 39, at Page 867, and as Document Number CHE1433; 9. deed recorded on September 25, 1972 in Book 39, at Page 1011, and as Document Number CHE1485; *Indicates Parcel Register changes in process 10. deed recorded on August 21, 1972 in Book 39, at Page 568, and as Document Number CHE1287; 11. deed recorded on CHE1434; 12. deed recorded on CHE2212; 13. deed recorded on CHE221 I ; September 18, 1972 in Book 39, at Page 870, and as Document Number November 1, 1973 in Book 44, at Page 768, and as Document Number November 1, 1973 in Book 44, at Page 765, and as Document Number 14. deed recorded on June 25, 1974 in Book 47, at Page 612, and as Document Number CHE1157; 15. deed recorded on June 25, 1974 in Book 47, at Page 609, and as Document Number CHE1156; 16. deed recorded on June 16, 1975 in Book 52, at Page 696, and as Document Number CHE1107; 17. deed recorded on June 2, 1975 in Book 52, at Page 451, and as Document Number CHE982; 18. deed recorded on July 5, 1976 in Book 57, at Page 455, and as Document Number CHE1344; 19. deed recorded on June 9, 1976 in Book 57, at Page 30, and as Document Number CHE1143; 20. deed recorded on July 2, 1976 in Book 57, at Page 442, and as Document Number CHE1337; 21. deed recorded on June 9, 1976 in Book 57, at Page 27, and as Document Number CHE1142; 22. deed recorded on CHE1860; 23. deed recorded on CHEI 859; 24. deed recorded on CHE1872; 25. deed recorded on CHEI885; 26. deed recorded on CHE2I91; 27. deed recorded on April 6, 1979 in Book 70, at Page 500, and as Document Number CHE715; 28. deed recorded on November 6, 1980 in Book 77, at Page 714, and as Document Number CHE2216; 29. deed recorded on July 10, 1980 in Book 76, at Page 49, and as Document Number CHE12I6; 30. deed recorded on August 27, 1981 in Book 81, at Page 104, and as Document Number CHEI606; 31. deed recorded on August 27, 1981 in Book 81, at Page 107, and as Document Number CHE1607; 32. deed recorded on July 29, 1983 in Book 92, at Page 566, and as Document Number CHE1831; September 9, 1976 in Book 58, at Page 327, and as Document Number September 9, 1976 in Book 58, at Page 324, and as Document Number September 15, 1977 in Book 63, at Page 133, and as Document Number September 19, 1977 in Book 63, at Page 161, and as Document Number September 28, 1978 in Book 68, at Page 305, and as Document Number *Indicates Parcel Register changes in process 33. deed recorded on August 3, 1990 in Book 151, at Page 161, and as Document Number CHE1119; and 34. grant of easement recorded on December 10, 2014 as Document Number 106312557 (and re- recorded on December 22, 2014 as Document Number 106383277). *** Municipal Government Act, Part IX Compliance *** Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was created by a subdivision Reason for exemption: Clause 268(2)(a) where all lots to be created, including the remainder lot exceed ten hectares in area. QUALIFICATION: The names lists for Tenant in Common interest holders that are not registered pursuant to the Land Registration Act have been obtained from Property Online and have not been searched for completeness or accuracy. No representations or opinions are made with respect to these Tenants in Common. The list of Tenants in Common not registered pursuant to the Land Registration Act cannot be relied upon as advice on the current state of title of those interests in the subject parcel. A search of the records at the appropriate Registry of Deeds office is required to determine the current owner(s) of the Tenants in Common not registered pursuant to the Land Registration Act. *Indicates Parcel Register changes in process Property Online Map Date: Apr 22, 2022 12:09:31 PM 0 30€1.0 600.0 m 111111„11iwiiiildri,li I PID, 60122249 Owner: ASHLEY BRENT AALDERS RAN: 08168237 County: LUNENBURG COUNTY RUTH M AALDERS Value: $67,500 (2022 RESOURCE FOREST) LR Status: LAND REGISTRATION Address: NO 12 HIGHWAY ALDERSVILLE The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Ciovernment of Nova Scotia, all rights reserved. This is the above noted Exhibit referred to inhe-, 4ffidavit of Ashley Brent Aalders. [Swartlaffirmed] before me on the day of May, 2022. Signature Nick Moore, Lawyer Certified Statement of Registered and Recorded Interests Parcel Identification Number (PID): 60122231 * Indicates interests inherited on subdivision or re -configuration of parcel Land Registration Date\Time: 2015-01-07 14:57:34 Date/Time of Issuance of Certified SRI: 2022-04-22 11:10:52 Date/Time of Last Parcel Register Update: 2021-11-09 13:46:16 Registration District: LUNENBURG COUNTY The Registrar certifies that this Statement of Registered and Recorded Interests contains a listing of all interests that have been registered or recorded in the register for the above noted parcel (PID #) pursuant to the Land Registration Act, S.N.S. 2001, c.6 as of the date and time noted. This is to further certify that the parcel description contained in this Statement of Registered and Recorded Interests is a true copy of the description contained in the parcel register for the above -noted PID. The description has been certified to match the Property Identification Number for the parcel, pursuant to clause 37(4)(g) of the Land Registration Act, S.N.S. 2001, c.6. Neither the description of the parcel, nor the Provincial mapping is conclusive as to the location, boundaries or extent of the parcel [Land Registration Act, s.21). PARCEL INFORMATION: Civic Address and Lot Number: Condominium Corp. Number: General Location of the Parcel: ALDERSVILLE Parcel Access Type: NO 12 HIGHWAY ALDERSVILLE REGISTERED OWNER'S INFORMATION: Owner Name: Qualifier: Interest Type: Document Reference: Instrument Type: Address of Owner: M. KEDDY FARM AND FOREST LIMITED FEE SIMPLE 119562594 2021-11-02 12:49:01 OWNER TRANSFERRING AND SUBDIVISION DOCUMENT 586 GLENGARRY ROAD NEW ROSS NS CA BOJ 2M0 Non-resident of Nova Scotia? NO MANNER OF TENURE: Description of Tenure: NOT APPLICABLE BENEFITS TO THE REGISTERED INTERESTS: Benefit Description: TOGETHER WITH AN EASEMENT / RIGHT OF WAY *Indicates Parcel Register changes in process atiezesterbyptference: Instrument Type: Benefit Description: FOXSEMENT / RIGHT OF WAY HOLDER2 )09:37:07 EASEMENT/RIGHT OF WAY 60122256 Interest Type: SERVIENT TENEMENT PID Document Reference: 106383277 Instrument Type: EASEMENT/RIGHT OF WAY Benefit Description: 60122249 Interest Type: SERVIENT TENEMENT PID Document Reference: 106383277 Instrument Type: EASEMENT/RIGHT OF WAY NON -ENABLING INSTRUMENTS: Document Reference: 2014-12-22 09:37:07 2014-12-22 09:37:07 119273945 2021-09-13 11:17:46 Instrument Type: RETRACEMENT PLAN PARCEL DESCRIPTION: ALL and singular that certain parcel or tract of land, situated, lying and being at Aldersville, Lunenburg County, Nova Scotia, being designated property of M. Keddy Farm and Forest Limited, which said lot may be more particularly described as follows: BEGINNING at a point marked by post & stones number 1351 on the northern shore of Hunts Lake, marking the most southern corner of the herein described lot, which said point marks the northeastern side line of property of Cherry Gwen Workman & Stephen James Workman. THENCE from said point so located North 03 degrees 00 minutes 00 seconds East (magnetic bearings) along the northeastern side line of said Workman property, 377.47 feet to a post & stones number 1352, marking the most eastern corner of property of Fundy Bay Forestry Limited. THENCE North 14 degrees 35 minutes 00 seconds West along the northeastern side line of said Fundy Bay Forestry Limited property, 333.46 feet to a survey marker. THENCE North 16 degrees 45 minutes 00 seconds West along the northeastern side line of said Fundy Bay Forestry Limited property, 1032.90 feet to a post & stones number 1345. THENCE westerly along said Fundy Bay Forestry Limited property, to a post. THENCE northerly along the eastern side line of said Fundy Bay Forestry Limited property and along the eastern side line of other property of Fundy Bay Forestry Limited, to a post, marking the southeastern corner of property of Barry M. Russell. THENCE continuing in a northerly direction along the eastern side line of said Russell property, to a post, marking the northwestern corner of the herein described lot and the southwestern corner of other property of Barry Russell. THENCE easterly along the southern side line of said Russell property, and property of Joseph W. McGregor & Anna G. McGregor, to a post, marking the northeastern corner of the herein described *Indicates Parcel Register changes in process lot and the northwestern corner of property of Sybil Butler & Ruth Ann Young. THENCE southwesterly along the western side line of said Butler & Young property and along the Scott Road, so called, to a post. THENCE South 68 degrees 13 minutes 00 seconds East along a southern side line of said Butler & Young property, to a post & stones number 1341. THENCE South 01 degree 09 minutes 00 seconds East along the southwestern side line of said Butler & Young property, 297.58 feet to a survey marker, marking the northwestern corner of property of Hazel A. Boylan & Christin Mark Boylan. THENCE South 02 degrees 37 minutes 56 seconds West along the southwestern side line of said Boylan property, 547.36 feet to a post & stones number 1340, marking the southeastern comer of the herein described lot and the shore of Hunts Lake. THENCE southwesterly along the northern shore of Hunts Lake to a post & stones number 1351, marking the place of beginning. TOGETHER WITH AN EASEMENT RIGHT-OF-WAY over an existing road leading from Highway No. 12 over lands now or formerly owned by Ronald Aalders and Ruth Aalders (now or formerly PID 60122249) and the lands now or formerly owned by Sybil Butler and Ruth Ann Young (now or formerly PID 60122256), registered December 22, 2014 as Doc. 106383277. *** Municipal Government Act, Part IX Compliance *** Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was created by a subdivision Reason for exemption: Clause 268(2)(a) where all lots to be created, including the remainder lot exceed ten hectares in area. QUALIFICATION: The names lists for Tenant in Common interest holders that are not registered pursuant to the Land Registration Act have been obtained from Property Online and have not been searched for completeness or accuracy. No representations or opinions are made with respect to these Tenants in Common. The list of Tenants in Common not registered pursuant to the Land Registration Act cannot be relied upon as advice on the current state of title of those interests in the subject parcel. A search of the records at the appropriate Registry of Deeds office is required to determine the current owner(s) of the Tenants in Common not registered pursuant to the Land Registration Act. *Indicates Parcel Register changes in process Property Online Map AAN: 00009237 Value: $197,500 (2022 RESOURCE FOREST) PID: 60122231 County: LUNENBURG COUNTY LR Status: LAND REGISTRATION Owner: M. KEDDY FARM AND FOREST LIMITED Address: NO 12 HIGHWAY ALDERSVILLE Date: Apr 22, 2022 12:10:00 PM €{ 1 300.0 600.0 Ef311l I I 1 Fl!l I ll I1FLIF1L1111!!� The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved, This is the above noted Exhibit referred to in Affdavit of Ashley Brent Aalders. o affirmed] before me on the day of May, 2022. Signature Nick Moore, Lawyer Request to the Registrar of Deeds to Register a Document Registry Act, R.S.N.S. 1989, c.392, Sections 47 and 48 Registration District; Lunenburg County User Reference: AaldersvilleEasement Registrant User Number: 2299 Submitter's Name: ALISON SCOTT BUTLER IN THE MATTER OF Section 37 or 46 of the Land Registration Act: TAKE NOTICE THAT the attached document relates to a parcel that is not registered under the Land Registration Act, and the document may be accepted for registration under the Registry Act because it is: any other instrument not mentioned above that is not a trigger under subsections 37(2) and 37(3) of the Land Registration Act. Apparent PID (if applicable): 60122231 1.The following Grantee(s) (new owners) have been requested to be added to the Grantor/Grantee Index: instrument Type: Easement/right Of Way Grantee(s) requested to be Added: Mailing Address of Grantee 2.The following Grantor(s) (previous owners) have been requested to be added to the Grantor/Grantee Index: Grantor(s) requested to be Added: Document Registration/Recording Fee Exempt?: No I certify that: • An electronic copy of the duly executed original instrument is attached to this request in accordance with the Land Registration Administration Regulations. Digitally signed by ALISON SCOTT BUTLER NOTE: Standard indexing rules or naming conventions will be applied to this document during the document indexing process. As a result, the names of the grantor(s) and grantee(s) as they appear in the Grantor- Grantee Index may not be identical to the names as they appear in this submission. KINGS COUNTY LAN} REGISTRATION OFFICE I certify that this is a tfj true copy of a document or 0 pestiori of a document registered or recorded 0 in the office named above or E cufor the registration district of -- 'k' L&. W 4 Book/Page Document # 1 O' Reg. Date De G. 1 b I c� ‘14- Cert. Date r • Penny Goodwin, Registrar -. THIS GRANT OF EASEMENT made thi a day of ZQCS40412,, 2014 BETWEEN: -and- RONALD E. AALDERS and RUTH M. AALDERS, Spouses of COLDBROOK, Kings County, Nova Scotia and SYBIL BUTLER of KENTVILLE and RUTH ANN YOUNG OF ALDERSVILLE, Nova Scotia (hereinafter called the "GRANTOR") GERALD ERIC ARNBURG of Port Williams, in the County.of Kings, Nova Scotia„ (hereinafter called "GRANTEE") WHEREAS By Deed dated June 15, 1994 and recorded inthe former Chester Registry of Deeds June 17, 1994 in Book 179 Page 762 the Grantors herein conveyed to the grantee certain lands located in Lunenburg County and listed in. the Nova Scotia Property Records Database as Property identification Number (PID) no 60122231 as described in the attached Schedule "A". AND WHEREAS: the Grantors made an agreement with the Grantee; dated June 2, 1994 and .never recorded, by which they granted to the grantee free access over existing roads located on their properties identified as PID numbers 60122249 AND 60.12225.6 RESPECTIVELY with a provision that the roadbe keptin as good or better condition thanit was at that time. AND WHEREAS the Grantors now wish to formalize their agreement such that it will be binding on future owners oftheir respective properties IN CONSIDERATION OF the sum of One Dollar ($1.O0) of lawful stoney of Canada and other good and valuable consideration the GRANTOR hereby grants to the GRANTEE the free and uninterrupted right of way and easement IN COMMON with others over the Grantor's property PID no. 60122249 AND PID NO. 6o: 122256 via the existing road for any purpose associated with the use of the Grantee's property. The Grantee covenantsto take reasonable steps to maintain. the portion of the road used for the purpose of gaining access to the grantee'sparcel and to refrain from any act which may interfere with the free and uninterrupted use of the road by the Grantor. THIS Grant of easement -agreement shall enure to the benefit of and be binding upon the GRANTOR, the GRANTEE, and their respective heirs, executors, administrators, successors and assigns. It shall be a benefit to the lands of the grantee and a burden on the lands of the grantor. IN WITNESS WHEREOF the GRANTOR has duly executed this Grant of Easement the day and year first above written. SIGNED SEALED AND DELIVERED in the presence of: Witness PROVINCE OF NOVA SCOTIA COUNTY OF ICINGS ) ) ) ) ) ) Sy l Butler, Grantor ) Ruth Ann Young,,Ct ntorci -) onaid E. Aalders, Grantor R. M Aalders Grantor ) Gerald Eric Arnburg, Grant d HE BY CER th t o e day of e g # i �" D.; 20 1.4 a d �5 , one of the parties of the foregoing Indenture, signed, sealedand delivered the same inky pyesence signed as a witness to the sage. A Conunissioner of the Supreme Court of Nova. Scotia: ALISON SCOTT B;4 A Barrister on Camnizitsn.r as the Septrionii Covet of Nova .Scotia SCHEDULE A ND NO. 60122231 ALL that certain piece, parcel or lot of land situate, lying and being at Aaldersville in the County of Lunenburg and Province of Nova Scotia, onthe western side of Public Highway No. 12 between New Ross and Kentville, and more particularly described as follows: BEGINNING at the intersection of the southern line of land of McGregor and the northwest comer of land of Sybil Butler; THENCE running .in a southerly direction along the said Butler western line to a post on the northern boundary line of land of Barry Russell; THENCE running westerly along the Russell line to a post; THENCE running southerly along the Russell west line to a post; THENCE running westerly the Russell line to a post; THENCE running southerly along the Russell west line to a post at the Russell. line corner, and continuing southerly along the western line of Scott Paper Limited to a post at the southeast corner of the herein described lot; THENCE running westerly along the Scott Paper line to a post at the southwest corner of the herein described lot; THENCE miming northerly along the Scott Paper line to a post; THENCE continuing along land of Barry Russell to a post; THENCE running easterly to a brook andcontinuing easterly along the said McGregor line to the post beginning. A lot of land containing threehundred twenty acres, more or less, being and intended to be all of the remaining land formerly belonging to Thomas Russell and John Boylan, conveyed to Henry Aalders, later to Clayton Aalders and to Ronald Aalders and Sybil Butler as joint tenants by Clayton Aalders and wife,. by deed recorded at Chester Registry Office, May 25'x', 1994, in. book 179 at pages 271-273 as document no. 972. Request to the Registrar of Deeds to Register a Document Registry Act, R.S.N.S. 1989, c.392, Sections 47 and 48 Registration District: Lunenburg County User Reference: Easement-ARNBURGWOOD Registrant User Number: 2299 Submitter's Name: ALISON SCOTT BUTLER IN THE MATTER OF Section 37 or 46 of the Land Registration Act: TAKE NOTICE THAT the attached document relates to a parcel that is not registered under the Land Registration Act, and the document may be accepted for registration under the Registry Act because it is: any other instrument not mentioned above that is not a trigger under subsections 37(2) and 37(3) of the Land Registration Act. Apparent PIT] (if applicable): 60122231 1.The following Grantee(s) (new owners) have been requested to be added to the Grantor/Grantee Index: Instrument Type: Easement/right Of Way Grantee(s) requested to be Added: Mailing Address of Grantee 2.The following Grantor(s) (previous owners) have been requested to be added to the Grantor/Grantee Index: Grantor(s) requested to be Added: Document Registration/Recording Fee Exempt?: No I certify that: • An electronic copy of the duly executed original instrument is attached to this request in accordance with the Land Registration Administration Regulations. Digitally signed by ALISON SCOTT BUTLER NOTE: Standard indexing rules or naming conventions will be applied to this document during the document indexing process. As a result, the names of the grantor(s) and grantee(s) as they appear in the Grantor- Grantee Index ma'y,nof' be identical to the names as they appear in this submission. KINGS COUNTY LAN REGISTRATION OFFICE I certify thal this is a % true copy of a docurnentor © Dath(Nrbt; document registered or recorded 0 in the office netned,af30Yg; ortitor he registration district of 1..f, .rV . Y. Book Page Downier'.t a ! 0‘v-6$ 3 03--1-1 Reg. Date Cert. Dare Penny Goodwin, egistrar DES. ct THIS GRANT OF EASEMENT made this day j2 of QC ��4 , 2014 BETWEEN: - and - RONALD E. AALDERS and RUTH M. AALDERS, Spouses of COLDBROOK, Kings County, Nova Scotia and SYBIL BUTLER of KENTVIE LE and RUTH ANN YOUNG OF ALDERSV1LLE, Nova Scotia (hereinafte.r called the "GRANTOR") GERALD ERIC ARNBURG of Port Williams, in the County of Kings, Nova Scotia, (hereinafter called "GRANTEE") WHEREAS By Deed dated June 15, 1994 and recorded in the former Chester Registry of Deeds June 17 1994 in. Book 179 Page 762 the Grantors herein conveyed to the grantee certain lands located in Lunenburg County and listed in the Nova Scotia Property Records Database as Property identification Number (PID) no 60122231 as, described in the attached Schedule "A". AND WHEREAS the Grantors made an agreement with the Grantee dated June 2; 1.994 and never recorded, by which they granted to the grantee free: access over existing roads located on their properties identified as PID numbers 60122249 AND 60122256 RESPECTIVELY with a provision that the road be kept in as good or letter condition than it was at that time. AND WHEREAS the Grantors now wish to formalize their agreement such that it will be binding on future owners of their respective properties IN CONSIDERATION OF the sum of One Dollar ($1.00) of lawful money of Canada and other good and valuable consideration the GRANTOR hereby grants to the GRANTEE the free and uninterrupted rightof way and easement IN COM1VION with others over the Grantor's property PID no. 60122249 AND PID NO. 60122256 via theexisting road for any purpose associated with the use of the Grantee's property. The Grantee covenants to take reasonable steps to maintain the portion of the road used for the purpose of gaining access to the grantee's parcel and to refrain from any act which may interfere with the free and uninterrupted use of the road. by the Grantor. THIS Grant of easement -agreement shall enure to the benefit of and be binding `. upon the G R.ANTO.R ,the GRANTEE," and their respective heirs, executors, administrators, successorsand assigns. It shall be a benefit to the lands of the grantee and a burden on the landsof the grantor. IN WITNESS WHEREOF the GRANTOR has duly executed this Grant of Easement the day and year first above written. SIGNED SEALED AND DELIVERED in the presence of: Witness Witness Witne s •w � Witness PROVINCE OF NOVA SCOTIA COUNTY OF KINGS L 1) HE BY CER FA�Y th t on title day of 2)2 e 0141 i li. CG S, one ofthe parties ofthe foregoing Indenture, signed, sealed and delivered the same in sence as a witness to the same. onaid E. Aaldcrs, Grantor L Ru C, Oeti-eAAO IdersGra&* 64 Sy- i:.t .Butter,. Grantor K..i C ( Ruth Ann Young;.Ginter Jew a^, illGerald Erie Arnburg, Grant .D.,2OI4 A Commissioner ofthe Supre Court of Nova Scotia ALISON 5cO1T A Barrister an.4 Cammi.ssioner p1 thr Stspaprie Cut of Nara Sani11 signed SCHEDULE A ND NO. 60122231 ALL that certain piece, parcel or lot of land situate, lying and being at Aaldersville in the County of Lunenburg and Province of Nova Scotia, on the western side of Public Highway No. 12 between New Ross and Kentville, and more particularly described as follows: BEGINNING at the intersection ofthe southernline of land ofMcGregor and the northwest corner of land of Sybil Butler; THENCE running in a southerly direction along the said Butler western line to a post on the northern boundary line of land of Barry Russell; THENCE running westerly along the Russell line to a post; THENCE running southerly along the Russell west. line to a post; THENCE running. westerly the Russell line to a post; THENCE running southerly along the Russell west line to a post at the Russell line corner, and continuing southerly along the western dine of Scott Paper Limited to a post at the southeast corner of the herein described lot; THENCE running westerly along the Scott. Paper line to a post at the: southwest corner of the herein described lot; THENCE running northerly along the Scott Paper line to a post; THENCE continuing along: land of Barry Russell to a post; THENCE running easterly to a brook and continuing easterly along the said McGregor line to the post beginning. A lot of land containing three hundred twenty acres, more or less, being and intended to be all of the remaining land formerly belonging to Thomas Russell and John Boylan, conveyed to Henry Aalders, later to Clayton Aaldersand to Ronald Aalders and Sybil Butler as joint tenants by Clayton Aalders and wife, by deed recorded at Chester Registry Office. May 25th, 1994, in book 179 at pages 271-273 as document no. 971 This is the above noted Exhibit referred to i h Affidavit of Ashley Brent Aalders. sworn/affiliiied] before me on the `{ ¢` day of May, 2022. Signature Nick Moore, Lawyer Request to Change the Registered interests, Benefits or Burdens Registration District: LUNENBURG COUNTY User Reference: MKEDDY 215023 DLO Registrant User Number: 2401 Submitter`s Name: DANIEL L OULTON IN THE MATTER OF the Parcel Identification Number(s) (PIDs): 60122231 TAKE NOTICE THAT a revision of the registration of the above -noted parcel(s), is hereby requested, as set out below. 1. The following registered interests are changed in the parcel's registration: Instrument Type: DEED Interest Holder and Type to be Added Mailing Address of Interest Holder Non -Res. of NS M. KEDDY FARM AND FOREST LIMITED - FEE SIMPLE 586 GLENGARRY ROAD NEW ROSS NS CA BOJ 2M0 No Manner of Tenure: NOT APPLICABLE Description of mixture of tenants €n common and joint tenancy: PID: 60122231 Interest Holder and Type to be Removed: GERALD ERIC ARNBIJRG - FEE SIMPLE Access Type to be Removed: Access Type to be Added: Certificate of Registrar Acting as Treasurer I certify that the deed transfer tax according to this affidavit has been paid. KINGS COUNTY LANp REGISTRATION OFFICE i certify that is a true copy of a document or 0 portion of a document registered or recorded 0 In the office named' above or ifor the registration district of e- 1 %t,,+,'i 3 . Book/Page c Document >r V 6S i acii Reg. Date Pk.cu-. k , Cert. Date Penny Goodwin, Regtstrarr 2, The following benefits are changed in the parcel's registration: (Note: An amending PDCA is required if the changes being made to the benefit section are not currently reflected in the description in the parcel register). Instrument Type: DEED Interest Holder and Type to be Added to PID: 60122231 Interest Holder and Type to be Removed from PID: 60122231 3. The following burdens are changed in the parcel's registration: (Note: An amending PDCA is required if the changes being made to the burden section are not currently reflected in the description in the parcel register). Instrument Type: DEED Interest Holder and Type to be Added to PID: 60122231 Interest Holder and Type to be Removed from PID: 60122231 Document Registration/Recording Fee Exempt?: No POWER OF ATTORNEY no power of attorney applies to this document I confirm that: The Registrar of Land Titles will collect the deed transfer tax payable for this parcel on behalf of the municipality, CERTIFICATE OF LEGAL EFFECT: I certify that, in my professional opinion, it is appropriate to make the changes to the parcel register(s) as instructed on this form. Digitally signed by DANIEL L OULTON Warranty Deed THE PARTIES ARE: GRANTOR: GRANTEE: GERALD ERIC ARNBURG of Port Williams Kings County Nova Scotia M. KEDDY FARM AND FOREST LIMITED a body corporate, with head office at New Ross Lunenburg County Nova Scotia Witnesseth That in consideration of One Dollar and other good and valuable consideration; The Grantor hereby conveys to the Grantee the lands described in Schedule "A" to this Warranty Deed (the "lands") and hereby consents to this disposition, pursuant to the Matrimonial Property Act of Nova Scotia. The Grantor covenants with the Grantee that the Grantee shall have quiet enjoyment of the lands, that the Grantor has good tide in fee simple to the lands and the right to convey them as hereby conveyed, that the lands are free from encumbrances, and that the Grantor will procure such further assurances as may be reasonably required::,;; In This Warranty Deed the singular includes the plural and the masculine: nclu'des the feminine, with the intent that this Warranty Deed shall be read with appropriate changes of number and gender. In Witness Whereof the Grantor has properly executed this Indenture the day and year written below. Date: (41(4-47A, 2021 Signed and Delivered in the presence of kA,vzde, GERM_ ER1C ARNBURG ! AFFI DAVIT OF STATUS Province �f N ova .Scotia Kings l: GERALD ERIC ARNBURG Of: Port Williams Kings County Nova Scotia the Deponent herein, make oath. and swear that: 1 I acknowledge that 1 executed the foregoing instrument under seal on the date of this affidavit. This acknowledgement is made pursuant to s. 31(a) of the Registry Act, or s. 79(1) (a) of the Land Registration Act, Nova Scotia, as the case may be, For the purpose of registering the instrument. 2 I am nineteen years of age or older and am a resident of Canada under the Income Tax Act (Canada). 3 (a) For the purpose of this affidavit "spouse" means either of a man and woman who: i. are married to each other; ii. are married to each other by a marriage that is voidable and has not been voided by a declaration of nullity; or have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or have cohabited within the preceding year. (b) For the purpose of this affidavit "spouse" includes an individual who is a party to a registered domestic -partner declaration made in accordance with Section 53 of the Vital Statistics Act but does not include a Former domestic partner. 4 I am a spouse and my spouse is: Patricia Arnburg I do not have: (a) any Former domestic partner with the rights contemplated by s. 55 of the Vital Statistics Act; or (b) any former spouse with rights under the Matrimonial Property Act. The property described in the attached instrument has never been occupied by me and my spouse as our matrimonial home and 1 have no other spouse. I CERTIFY that on this date the. Deponent came before me, rnade oath, and swore the foregoing affidavit. 1 further certify that the Deponent executed the instrument in my presence and that I signed the CERTIFIED ON: ,44 my -c " 4-1 2021 CERTIFIED AT: Wolfville Kings Nova Scotia DANIEL 1 . O).7LION A kr7 f:iater o Ole aaprera Court ofNow) Scotia ) ) C fve.r id Ar�Rd (L j� PARCEL DESCRIPTION REPORT 2021-01-14 08:58:36 sRc PID: 6012223I CURRENT STATUS: ACTIVE EFFECTIVE DATE/TIME: 2014-12-29 10:27:06 ULE "A" ALL that certain piece, parcel or lot of land situate, lying and being at Aaldersville in the County of Luncnburg and Province of Nova Scotia, on the western side of Public Highway No. 12 between New Ross and Kcntville, and more particularly described as follows: BEGINNING at the intersection of the southern line of land of McGregor and the northwest comer of land of Sybil Butler; THENCE running in a southerly direction along the said Butler western line to a post on the northern boundary line of land of Barry Russell; THENCE running westerly along the Russell tine to a post; THENCE running southerly along the .Russell west line to a post; THENCE running westerly the Russell line to a post; THENCE running southerly along the Russell west line to a post at the Russell line corner, and continuing southerly along the western line of Scott Paper Limited to a post at the southeast corner of the herein described lot; THENCE running westerly along the Scott Paper line to a post at the southwest corner of the herein described lot; THENCE running northerly along the Scott Paper line to a post; THENCE continuing along land of Barry Russell to a post; THENCE running easterly to a brook and continuing easterly along the said McGregor line to the post beginning. A lot of land containing three hundred twenty acres, more or less, being and intended to be all of the remaining land formerly belonging to Thomas Russell and John Boylan, conveyed to Henry Aalders, later to Clayton Aalders and to Ronald Aalders and Sybil Butler as joint tenants by Clayton Aalders and wife, by deed recorded at Chester Registry Office, May 25th, 1994, in book 179 at pages 271-273 as document no. 972. TOGETHER WITH an easement Right of Way over an existing road leading from Highway no.. 12 over parcels owned by Ronald Aalders and Ruth Aalders and Sibyl Butler and Ruth Ann Young registered December 22, 2014 as document no. 106383277 *** Municipal Government Act, Part IX Compliance **'f Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was create:'.:.:'" by a subdivision Reason for exemption: Clause 268(2)(a) where all lots to be created, including the remainder lot exceed ten hectares in area. Page 1 This is the above noted Exhibit referred to in tt Affidavit of Ashley Brent Aalders. [Ow /affirmed] before me on the �`d of May, 2022. Signature Nick Moore, Lawyer ne t 1.1E1 �m�is�`a nunsimo�uu3a . __ e ..ln -7, X7 .7 2Nr7N ij• {I1,y 17.11,;14./ 7 1 7141 0.2 1532'0! O NV ` iV.YVI ,17 CJX .0 1 Z ur:r . r Form 28 Purpose: to record certain types of non -enabling documents in a.parcel register For Office Use Registration district: lv tip iscf°C. Siibmitter's user number: 1146 Subrrtitter's name; /vs6,"-1.-i v ave., Hem The:attachedplanidocurnent relates to the followiilg'parcels registered under the Land. Registration Act PID G0) j i7/3' / PID & f 3104 (Expand box far additional PIDs) Municipal file number or land registration file number (insert file number used when PIDs were originally assigned during pre -approved):' This form is si l mitted to record the following non -enabling instrument in the above; -noted parcel re ister(s) (select one): plan boundary line agreement instrument of subdivision statutory declarationregarding de facto consolidation condominium declaration initial condominium bylaws condominium plan. repeal of subdivision termination of condominium other (specO) /e/2.3 gy LLII4ENBURG COUNTY LAND REGISTRATION OFFICE 1 certify that this plan was registered or recorded as shown here. Rebecca Bond, Flegistrar iv Plan % 95 LR 4(ROD❑ SEP 13 2121 I1'.) - MM OD YYYY Time `" Q 0 0 0 0 And hi the matter of registered owner (insert name) I 16 C s in,- i�, i it -s i r� i 1 j.-. Nate: An, amending Parcel Description.. Certification Application maybe required. Dated at Bridgewater Scotia, , in the County of Lunenburg , Province of Nova , 2 a vt Signature of applicant/municipal. (curl/owner/agent 11) it vf Address: PO Box 418, Bridgewater, B4V 2X6 Phone: 942-543-5695 berrigan@istar:ca Fax: 902-543-7447 May 4, 2049 This is the above noted Exhibit referred to in t ,e4ffidavit of Ashley Brent Aalders. [worn/affirmed] before me on the "Lf ay of May, 2022. Signature Nick Moore, Lawyer KINGS COUNTY LAND REGISTRATION OFFICE 1 certify that this is a C true c opy of a d ocument or 0 portion of a document registered or recorded 0 in the office named above or Sifor the registration district of u r us; Cb - Book/Page Document f! t..3 LA - -c-- 1;ert; . date' ° riy` dv,rirr Form 24 Purpose: to change the registered interest, henefrts or burdens (Instrument code: 450) (f change(s) requested relate (s) to one or more of the following and no other interests are being added or removed on this form: manner of tenure, description of manner of ten ure, non-resident status, parcel access or NSFLB occupant. Note: This form cannot be used to correct an error in a parcel register). (Instrument code: 451) (Change to existingservient or dominant tenement PID number in aparcel register as a result ofsubdivision or consolidation. Note: This form cannot be used to correct an error in a parcel register) For Office Use Registration district: Lunenburg Submitter's user number. 2401 Submitter's name: Daniel L. Oulton/Burchell MacDougall LLP In the matter of Parcel Identification Number (PID) PID 60122231 PID (Expand box for additional PIDs, maximum 9 PIDs perform) The following additional forms are being submitted simultaneously with this form and relate to the attached document (check appropriate boxes, if applicable): t'.\zrrnUr}C COUNTY LAND AEGISTRATION OFFICE 1 catty that this document was registered or recorded > shown here. Rebecca Bond, Registrar J f56Q5NN Document # NOV 0 2 1021 LRI/ROD© eq, MM DD YYYY O Form 24(s) © Form SA(s) Additional information (check appropriate boxes, if applicable): k- This Form 24 creates or is part of a subdivision or consolidation. © This Form 24 is a municipal or provincial street or road transfer. ❑ This Form 24 is adding a corresponding benefit or burden as a result of an AFR. of another parcel. © This Form 24 is adding a benefit or burden where the corresponding benefit/burden in the 'flip - side" parcel is already identified in the LRparcel register and no further forms are required. Power of attorney (Note: completion of this section is mandatory) O The attached document is signed by attorney far a person under a power of attorney, and the power of attorney is: © recorded in the attorney roll ❑ recorded in the parcel register May 4, 2009 0 incorporated in the document OR No power of attorney applies to this document This form is submitted to make the changes to the registered interests, or benefits or burdens, and other related information, in the above -noted parcel register(s), as set out below. The registered interestsand related information are to be changed as follows: Instrument type Deed Interest holder and type to be removed (if applicable) M. Keddy Farm and Forest Limited — fee simple Interest holder and type to be added (if applicable) Note: include qualifier (e.g., estate of executor, trustee, personal representative) f applicable M. Keddy Farm and Forest Limited -- fee simple Mailing address of interest holder to be added (ifapplicable) 586 Glengarry Road, New Ross, NS B43 2M0 Manner of tenure to be removed (if applicable) Manner of tenure to be added (rf applicable) Description of mixture of tenants in common and joint tenancy (jfapplicable) Access type to be removed (f applicable) Access type to be added (if applicable) Percentage or share of interest held (for use with tenant in common interests) Non-resident (to qualified solicitors information and belief) (Yes/No?) no Reference to related instrument in parcel register (if applicable) Reason for removal of interest Or use only when interest is being removed by operation of law and no document is attached) Instrument code: 443 May 4, 2009 Certificate of Legal Effect: 1 certify that, in my professional opinion, it is appropriate to make the changes to the parcel register(s) as instructed on this form. Dated at Wolfvilie, in the County of Kings, Province of Nova Scotia, on October, 20 . Na Signature of authorized lawyer Daniel L. Oulton Address: 29 Elm Avenue, Wolfville, NS B4P 2A 1 Phone: 902-542-4543 E-mail: doulton@burchellmacdougall.com Fax - 902 -542-5474 ❑ This document also affects non -land registration parcels. The original will be registered under the Registry Act and a certified true copy for recording under the Land Registration Act is attached. May 4, 2009 THIS CONSOLIDATION DEED made the i - ( day of September, 2021 BETWEEN: M. KEDDY FARM AND FOREST LIMITED, a body corporate, with head office at New Ross, Province of Nova Scotia, (hereinafter called the "Grantor') - and - M. KEDDY FARM AND FOREST LIMITED, a body corporate, with head office at New Ross, Province of Nova Scotia (hereinafter called the "Grantee") WHEREAS: A. M. Keddy Farm and Forest Limited is the owner of the lot of land described in Schedule "A„ ("Lot A") to this Consolidation Deed, and is also the owner of the lot described in Schedule "B" ("Lot B"), and is also the owner of the lot described in Schedule "C" ("Lot C"); B. The intent of this Consolidation Deed is to consolidate Lot A with Lot B with Lot C to form the lot described in Schedule "D" (the "Consolidated Lot"); C. This consolidation is exempt form the requirement for subdivision approval pursuant to s. 268(2)(a) because the lot that will be created, the Consolidated Lot, will exceed 10 hectares in area. WITNESSETH that in consideration of One Dollar and other good and valuable consideration; 1. M. Keddy Farm and Forest Limited hereby conveys Lot A, Lot B and Lot C to M. Keddy Farrn and Forest Limited to form the Consolidated Lot, and hereby consents to this disposition, pursuant to the Matrimonial Property Act of Nova Scotia. 2. M. Keddy Farm and Forest Limited consents to the consolidation of Lot A and Lot B and Lot C to form the Consolidated Lot. IN WITNESS WHEREOF, the Grantor has properly executed this Indenture the day;an above written. SIGNED, SEALED AND DELIVERED in the presence of `.bµ{41lJe.rFfrf fix) M. KEDDY FARM AND F, Per Michael G. led � '� nt i (with authority to bfri ,tf cttpti►ati ' 1, •s*„ ►r } `fie ,.,„„t,....,,- tip yy,,. AFFIDAVIT FOR CONSOLIDATION I, MICHAEL G. KEDDY of New Ross, Nova Scotia, President and duly authorized signing officer of M, Keddy Farm and Forest Limited, make oath and say as follows: 1. M. Keddy Farm and Forest Limited is the owner of Lot A, Lot S and Lot C described in the attached Consolidation Deed. 2. Once Lot A, Lot B and Lot C are consolidated, the resulting lot, referred to as the Consolidated Lot in the attached Consolidation Deed, will exceed 10 hectares in area. 3. As owner of Lot A, Lot B and Lot C, I am entitled to create the consolidation, and t consent to the consolidation. Sworn before me at Walfville, Nova Scotia, on September Al, 2021 ANIEL L. OULTON ) " had G. Ke A BARRIS I ER OF THE SUPREME COURT ) OF NOVA SCOTIA ) S' PID 60122231 ALL that certain piece, parcel or lot of land situate, lying and being at Aaidersville in the County of Lunenburg and Province of Nova Scotia, on the western side of Public Highway No. 12 between New Ross and Kentville, and more particularly described as follows: BEGINNING at the intersection of the southern line of land of McGregor and the northwest corner of land of Sybil Butler; THENCE running in a southerly direction along the said Butler western line to a post on the northern boundary line of land of Barry Russell; THENCE running westerly along the Russell line to a post; THENCE running southerly along the Russell west line to a post; THENCE running westerly the Russell line to a post; THENCE running southerly along the Russell west line to a post at the Russell line corner, and continuing southerly along the western line of Scott Paper Limited to a post at the southeast corner of the herein described lot; THENCE running westerly along the Scott Paper line to a post at the southwest corner of the herein described lot; THENCE running northerly along the Scott Paper line to a post; THENCE continuing along land of Barry Russell to a post; THENCE running easterly to a brook and continuing easterly along the said McGregor line to the post beginning. A lot of land containing three hundred twenty acres, more or less, being and intended to be all of the remaining land formerly belonging to Thomas Russell and John Boylan, conveyed to Henry Aalders, later to Clayton Raiders and to Ronald Aalders and Sybil Butler as joint tenants by Clayton Aalders and wife, by deed recorded at Chester Registry Office, May 25th, 1994, in book 179 at pages 271-273 as document no. 972. TOGETHER WITH an easement Right of Way over an existing road leading from Highway no. 12 over parcels owned by Ronald Aalders and Ruth Raiders and Sibyl Butler and Ruth Ann Young registered December 22, 2014 as document no. 106383277 *** Municipal Government Act, Part IX Compliance *** Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was created by a subdivision Reason for exemption: Clause 268(2)(a) where all lots to be created, including the remainder lot exceed ten hectares in area. PID 60123486 All that certain lot, piece or parcel of land situate, lying and being to the north of Hunts Lake, area of Aldersville, Municipality of Chester, County of Lunenburg, Province of Nova Scotia, and being more particularly bounded and described as follows: BEGINNING at a post and stones marked number 1351 set on the northern shore of Hunts Lake; THENCE North 03 degrees 00 minutes 00 seconds East 378.18 feet to a post and stones number 1352; THENCE North 16 degrees 45 minutes 00 seconds West to the point of beginning; THENCE to continue North 16 degrees and stones number number 1345; THENCE North 06 degrees 00 minutes number 1344; THENCE South 70 degrees 00 minutes number 1343; THENCE North 05 degrees 20 minutes number 1342; THENCE South 68 degrees 13 minutes stones number 1341; THENCE South 01 degrees 09 minutes Grantor; 45 minutes 00 seconds West a distance of 1032.90 feet to post 00 seconds East a distance of 1064.58 feet to post and stones 00 seconds East a distance of 696.30 feet to a post and stones 00 seconds East a distance of 821,70 feet to a post and stones 00 seconds East a distance of 2701.38 feet to a post and 00 seconds West a distance of 297.58 feet to other lands of the THENCE to follow along other lands of the Grantor the following bearings and distances South 64 degrees 08 minutes 27 seconds West a distance of 592.44 feet more or less to the beginning of a curve to the north; THENCE to follow the curved boundary having chord bearings and distances of South 68 degrees 11 minutes 32 seconds West a distance of 98.40 feet; THENCE South 76 degrees 17 minutes 45 seconds West a distance of 98.42 feet; THENCE South 84 degrees 24 minutes 00 seconds West a distance of 98.42 feet to the end of the said curve; THENCE South 88 degrees 27 minutes 07 seconds West a distance of 382.86 feet to the beginning of a curve to the south; THENCE to follow the curved boundary having chord bearings and distances of South 83 degrees 33 minutes 51 seconds West a distance of 130.25 feet; THENCE South 73 degrees 47 minutes 18 seconds West a distance of 130.25 feet; THENCE South 64 degrees 00 minutes 46 seconds West a distance of 130.25 feet to the end of said): curve; - THENCE South 59 degrees 07 minutes 30 seconds West a distance of 687.89 feet; THENCE to continue South 59 degrees 07 minutes 30 seconds West a distance of 1030.0 feet to the .`- point of beginning. The above described parcel of land being or intended to be that area of land marked Lot 1 under conveyance by Bell Forestry and to contain in all 108.25 acres more or less, and being shown on a (unregistered) plan of survey C-265 signed by R. L. Hunt, NSLS 193. The above described parcel of land being Lot 53 and a portion of Lot 51 as conveyed by Minas Basin Pulp & Power Company Limited to Scott Paper Company in 1970. TOGETHER WITH an easement/right of way as more particularly described in grant of easement filed on December 1, 1975 in Book 54, Page 1110 as document CHE2382 in the Lunenburg County Registry of Deeds Office. *** Municipal Government Act, Part IX Compliance *** Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was created by a subdivision Reason for exemption: Clause 268(2)(a) where all lots to be created, including the remainder lot exceed ten hectares in area. P[D 60123494 ALL that certain lot, piece or parcel of land situate, lying and being at Hunts Lake, Lunenburg County, Nova Scotia, shown on a (unregistered) plan of survey entitled lands of Bell Forestry Limited dated September 16, 1988; saki lot being particularly described as follows: BEGINNING at a post and stones number 1351 located on the northern shore of Hunts Lake; THENCE North 03 degrees 00 minutes 00 seconds East a distance of 377.47 feet to a point and stones number 1352; THENCE North 14 degrees 35 minutes 00 seconds West a distance of 333.46 feet to a survey marker; THENCE North 59 degrees 07 minutes 30 seconds East a distance of 1704.89 feet to a survey marker; THENCE on a radius 764.34 feet to a survey marker having an arc distance of 391.23 feet; THENCE North 88 degrees 26 minutes 07 seconds East a distance of 382.85 feet to a survey marker; THENCE on a radius 696.39 feet to a survey marker having an arc distance of 295.48 feet; THENCE North 64 degrees 07 minutes 25 seconds East a distance of 626.64 feet to a survey marker; THENCE South 02 minutes 37 minutes 56 seconds West a distance of 547.36 feet to a post and stones number 1340; THENCE in a southwesterly direction along the northern shore of Hunts Lake, as shown .more particularly on said plan of survey to the place of beginning. Being 50.5 acres, more or less. Ail bearings magnetic North 1988. TOGETHER WITH an easement/right of way as more particularly described in easement registered on December 1, 1975 in Book 54 at Page 1110 as Document CHE2382. *** Municipal Government Act, Part IX Compliance *** Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was created by a subdivision Reason for exemption: Clause 268(2)(a) where all lots to be created, including the remainder lot exceed ten hectares in area. + akk kt,„Jx, 11 12) if ALL and singular that certain parcel or tract of land, situated, lying and being at Aldersville, Lunenburg County, Nova Scotia, being designated property of M. Keddy Farm and Forest Limited, which said lot may be more particularly described as follows: BEGINNING at a point marked by post & stones number 1351 on the northern shore of Hunts Lake, marking the most southern corner of the herein described lot, which said point marks the northeastern side line of property of Cherry Gwen Workman & Stephen James Workman. THENCE from said point so located North 03 degrees 00 minutes 00 seconds E=ast (magnetic bearings) along the northeastern side line of said Workman property, 377.47 feet to a post & stones number 1352, marking the most eastern corner of property of Fundy Bay Forestry Limited. THENCE North 14 degrees 35 minutes 00 seconds West along the northeastern side tine of said Fundy Bay Forestry Limited property, 333.46 feet to a survey marker. THENCE North 16 degrees 45 minutes 00 seconds West along the northeastern side line of said Fundy Bay Forestry Limited property, 1032.90 feet to a post & stones number 1345. THENCE westerly along said Fundy Bay Forestry Limited property, to a post. THENCE_ northerly along the eastern side line of said Fundy Bay Forestry Limited property and along the eastern side line of other property of Fundy Bay Forestry Limited, to a post, marking the southeastern corner of property of Barry M. Russell. THENCE continuing in a northerly direction along the eastern side line of said Russell property, to a post, marking the northwestern corner of the herein described lot and the southwestern corner of other property of Barry Russell. THENCE easterly along the southern side line of said Russell property, and property of -2 - Joseph W. McGregor & Anna G. McGregor, to a post, marking the northeastern corner of the herein described lot and the northwestern corner of property of Sybil Butler & Ruth Ann Young. THENCE southwesterly along the western side line of said Butler & Young property and along the Scott Road, so called, fo a post. THENCE South 68 degrees 13 minutes 00 seconds East along a southern side line of said Butler & Young property, to a post & stones number 1341. THENCE South 01 degree 09 minutes 00 seconds East along the southwestern side line of said Butler & Young property, 297.58 feet to a survey marker, marking the northwestern corner of property of Hazel A. Boylan & Christln Mark Boylan. THENCE South 02 degrees 37 minutes 56 seconds West along the southwestern side line of said Boylan property, 547.36 feet to a post & stones number 1340, marking the southeastern comer of the herein described lot and the shore of Hunts Lake. THENCE southwesterly along the northern shore of Hunts Lake to a post & stones number 1351, marking the place of beginning. TOGETHER WITH AN EASEMENT RIGHT-OF-WAY over an existing road leading from Highway No. 12 aver lands now or formerly owned by Ronald Aalders and Ruth Adders (now or formerly PID 60122249) and the lands now or formerly owned by Sybil Butler and Ruth Ann Young (now or formerly PID 60122256), registered December 22, 2014 as Doc. 106383277. The access for this consolidated parcel over the servient tenements being PIDs 60122249 and 60122256 benefit the lands described in Document 106383277, formerly being PID 60122231, conveyed to M. Keddy Farm and Forest Limited (a predecessor in title) by deed recorded March 31, 2021 as Doc. 1 18316729. This is the above noted Exhibit referred to in the Affidavit of Ashley Brent Aalders. Latorriaffirmed] before me on the 'tr `day of May, 2022. Signature Nick Moore, Lawyer This is the above noted Exhibit referred to in the. Affidavit of Ashley Brent Aalders. {wo laffirmedJ before me on the day of May, 2022. Signature Nick Moore, Lawyer muttarls June 25, 2021 M. Keddy Farm and Forest Limited 586 Glengarry Rd. New Ross, NS BOJ 2M0 Dear Sir: BY REGISTERED MAIL RE: Use of Right -of -Way across lands of Ashley and Ruth Aalders We represent Ashley and Ruth Aalders, who own property known as PID 60122249, which is shown on the enclosed Property Online Map. This property is burdened by a right-of-way benefitting your property known as PID 60122231, which is also shown on the Map. The right- of-way is specifically limited to the road as it existed in 2014 and requires you to maintain it (e.g. fill ruts caused by trucks traversing it) and refrain from any act which interferes with my clients' use. The only land that you own that is benefitted by the right-of-way is PID 60122231. The right-of- way does not benefit any of other lands owned by you. You are not permitted to use the right- of-way to travel farther than PID 60122231 without my clients' prior permission. You cannot use the right-of-way to transport equipment for use on lands other than PID 60122231 without my clients' prior permission. You are not permitted to harvest timber from other properties and transport it across the right-of-way without my clients' prior permission. My clients have evidence that you have expanded the use of the right-of-way without their permission. This letter serves as Notice that you (and your contractors, including Eisnor's Forestry Ltd.) must immediately cease such activity. Any activity which is not permitted will be actively prevented by my clients. To be clear, equipment used on property other than PID 60122231 cannot be removed from the area across the right-of-way without prior permission, and any attempt to do so can be prevented by my clients. You may seek permission for activities beyond what is allowed and discuss the terms of any permission with Mr. Ashley Aalders. He can be reached by telephone You should also be aware that subdivision lots you may create fronting on the lake do not have the right of access across the right-of-way. '. kiutnhlC www.muttastslaw.ca muttarts The right-of-way is gated at the intersection of the Woods Road and Hunts Lake Road. The gate must be dosed after passage through it. It is best for all property owners who have the right to use the Woods Road if the gate is also locked at the end of each day, and keys are controlled by those property owners. Mr. Aalders is happy to coordinate the distribution of new keys, since the lock is missing that was in place. Failure to comply with the terms of the right-of-way and the law may result in total cessation of your ability to use the right-of-way for any purpose. Please conduct yourself accordingly. Yours truly, Geoff Muttart GPM/gpm Enclosure cc: Eisnor's Forestry Ltd., 261 Cornwall Rd., Mahone Bay, NS B0J 2E0 (Registered Mail) Clients (by email) CA A.DA .ems taSTE Tracking number RN481451468CA Delivered Shipping service: Registered Mail Delivery progress Date Time Location Progress Post office July 2, 2021 8:32 am NEW ROSS' Delivered July 2, 2021 8:32 am Signature available July 2, 2021 8:32 am NE ROSS, Delivered June 30, 2021 4:44 pm NSW ROSS' Item available for pickup at Post Office NEW ROSS PO June 30, 2021 8:44 am NEW ROSS, NS Notice card left indicating where and when to pick up item , June 30, 2021 12:58 am HALIFAX, NS Item processed June 29, 2021 8:40 am KEKSNTVILLE, Item accepted at the Post Office Features and options Signature Required © 2019 Canada Post Corporation 1CA A. D A Tracking number RN481451471CA POSTIS Delivered Shipping service: Registered Mail Delivery Progress Date Time Location Progress Post office July 2, 2021 10:43 am Signature available July 2, 2021 10:43 am NS HONE BAY, Delivered June 30, 2021 2:28 pm MAHONE BAY, NS Item available for pickup at Post Office MAIN STREET PPU June 30, 2021 9:12 am MAHONE BAY, NS Notice card left indicating where and when to pick up item June 30, 2021 9:12 am NS HONE BAY, Item out for delivery June 30, 2021 7:46 am NS HONE BAY, Item processed June 30, 2021 12:58 am HALIFAX, NS Item processed June 29, 2021 8:40 am �SNTVILLE, Item accepted at the Post Office Features and options Signature Required © 2019 Canada Post Corporation This is the above noted Exhibit referred to in the ffidavit of Ashley Brent Aalders. (swot affirmed] before me on the try- day of May, 2022. Signature Nick Moore, Lawyer =',%.714 :4'.Z,;,..i:f::,,S'16:".-, '''' '71,,;,...,:,.,,.7 This is the above noted Exhibit referred to irk ih-4ffidavit of Ashley Brent Aalders. [sworufaffirmedJ before me on the day of I1 22. Signa ur`i Nick Moore, Lawyer From: Luke Skerry Sent: Tuesday, August 3, 2021 12:03 PM To: Ashley Aalders Subject: RE: Letter from lawyer to Keddy's Good day Ashley, Sorry for the delay, but to what 1 can gather regarding this issue, is this will have to be dealt directly with the landowners as we are just contracted through them to harvest their wood. Sorry I couldn't help you regarding this issue. Thanks, Luke Skerry Forest Technician Harry Freeman & Sons Ltd. From: Ashley Aalders Sent: July 23, 2021 1:08 PM To: Luke Skerry Subject: Letter from lawyer to Keddy's [EXTERNAL EMAIL] This email originated from outside the organization. If you suspect this email is suspicious, please forward the email to administrator@freemanlumber.com . Hi Luke, Please find attached the letter that was sent to Keddy's Forestry Ltd and contractors from my lawyer in regards to the right-of-way issues. I look forward to discussing further once you have a chance to review. Best Regards, Ashley Aalders i This is the above noted Exhibit referred to fidavit of Ashley Brent Aalders. sworn/affirmed] before me on the day of May, 2022. Signature Nick Moore, Lawyer This. er present ".ba ernent cir: P10 4 60122249. The grantors .. . lands of Michael _!eddy". Ptp #'s 6012 will be the .responsibility: f the Grantee responsible for repairing any der iage repair and "maintenance including the Ovate to Route 12: This later portion�o Gran:ee`" t will be shared with othe ocumeflt ur lawyei across: "y :and Ruth ss the existing road ` d ROW that. le 3486, 60 f f:' The'mainteriance of it heirs an 'ssgns The Grantors dills o to this "road:..This ROW will be kept in* share of maintaining the road from the ill not be the"eple responsibility of the The ftletei"gate that exists on the lands of = ntor's keys tovided to the Grantors This gate amain close Sin g y,:. Ge=aid:keddy tv'lichael Reddy graded by the Gran 's and ch as reasonabiy ssible. This is the above noted Exhibit referred to i th ffidavit of Ashley Brent Aalders. fswo affirmed] before me on the day of May, 2022. Signatu Nick Moore, Lawyer This is the above noted Exhibit referred to irxt Affidavit of Ashley Brent AaIders. [wori9`affirmed] before me on the 4t.--1 day of May, 2022. Signature Nick Moore, Lawyer November 1, 2021 M. Keddy Farm and Forest Limited 586 Glengarry Rd. New Ross, NS BOJ 2M0 Dear Sir: BY REGISTERED MAIL RE: Use of Right -of -Way across lands of Ashley and Ruth Aalders As you are aware from our June 25, 2021, letter to you, we represent Ashley and Ruth Aalders, who own property known as PID 60122249. Mr. Aalders informs me that you continued to illegally use the road crossing the right of way for lands not benefitted by it. My clients are prepared to take legal action to prevent your continued illegal use of the road and to recover compensation for your past activity. However, they are prepared to accept compensation of $25,000 per month for the illegal use of the road from the time it commenced (believed to be beginning of April 2021) to the end of October 2021. To be clear, this payment is for past use and does not provide any continued right to use the road and your illegal use must immediately cease. This offer is available for acceptance only until November 15, 2021, after which it expires, and you must communicate acceptance of this offer to us in writing by that date. If you continue to fail to comply with the terms of the right-of-way, your access will be terminated without further notice. All persons who attempt to illegally access the right of way will be prevented from doing so and warned that they will be civilly and criminally liable for trespass if they do use the road. Furthermore, this letter serves as Notice pursuant to the Protection of Property Act to you (and all those individuals and entities who use the road through you) that illegal use of the road can result not only in criminal and civil sanctions, but also charges pursuant to that Act. This includes any contractors acting for you as well as Realtors, and Notice will be provided to any that are identified. Yours truly, FILE Geoff Muttart GPM/gpm ' t y www.muttartslaw.ca P05 T , CANADA Tracking number RN481451525CA Delivered Delivery progress Date Time Location Progress Post office Nov. 4, 2021 1:02 pm SSW ROSS, Delivered Nov. 4, 2021 1:02 pm Signature available Nov. 4, 2021 1:02 pm NSW ROSS, Delivered Nov. 3, 2021 8:53 am NE ROSS, item available for pickup at Post Office NEW ROSS PO Nov. NS 3, 2021 8:39 am NEW ROSS, NS Notice card left indicating where and when to pick up item Nov. 3, 2021 8:28 am NSW RO5S, Item out for delivery Nov. 3, 2021 8:10 am SSW ROSS, Item processed Nov. 2, 2021 J 9:24 pm HALIFAX, NS Item processed Features and options Signature Required © 2019 Canada Post Corporation This is the above noted Exhibit referred to in the Affidavit of Ashley Brent Aalders. [sw—b affirmed] before me on the f May, 2022. Signature Nick Moore, Lawyer (' 0 0 'r. 5 This is the above noted Exhibit referred to ;n-h�Sffidavit of Ashley Brent Aalders. `[swo affirmed] before me on the r'-` day of May, 2022, -7)-7 Signature Nick Moore, Lawyer This is the above noted Exhibit referred to in the -.Affidavit of Ashley Brent Aalders. swo n'affirmed] before me on the day of May, 2022. . ( Signature Nick Moore, Lawyer October 25, 2022 VIA E AIL Municipal Council Municipality of the District of Chester 151 King Street PO Box 369 Chester, NS BOJ 1J0 Members of Council: RE: Petition by . Keddy Farm and Forest Limited to unicipal Council Pursuant to the PrivateWays Act, RSNS 1989, c 358 We represent Mr. Ashley Aalders and his mother Ms. Ruth Aalders (collectively referred to as "Aalders"), owners of a property located at Aldersville, in the County of Lunenburg and identified as PID 60122249 (the "Aalders Property"). M. Keddy Farm and Forest Limited ("Keddy") own a property currently identified as PID 60122231, which was formerly three parcels, two formerly owned by Barry Russell (PID 60123486 and 60123494, hereafter referred to as the "Russell Properties") and one formerly owned by Gerald Arnburg (PID 60122231, hereafter referred to as the "Arnburg Property"). Enclosed is a copy of a plan showing the consolidation of the Russell Properties and Arnburg Property. The property identified as PID 60122132 appears to have been recently acquired by Keddy. Aalders have not been approached about access rights regarding this property. It would be premature for any petition to relate to this property as Keddy has not engaged with or attempted to negotiate any type of right-of- way with Aalders. Aalders opposes the petition being brought forward by Keddy. Particularly, Aalders opposes the laying out of a right-of-way for forestry purposes to the Russell Properties and any other properties acquired by Keddy, which do not have a legal right-of-way over the Aalders Property. Aalders further opposes the laying out of a right-of-way to the Russell Properties for accessing lakefront cottage lots that my clients understand are planned to be subdivided and developed, which would substantially increase the burden over the Aalders Property. Nick Moore u 5 Background 2 The Arnburg Property was granted a right-of-way over the Aalders Property in 2014. The Russell Properties do not have a right-of-way over the Aalders Property. The historical right-of-way to the Russell Properties is from Adams Road on the south side of Hunts Lake. Based on a cursory review of title, this right-of-way still exists and should be available to Keddy to use to access the Russell Properties. Keddy acquired the Arnburg Property and Russell Properties in 2021. Prior to the acquisition, in the fall of 2020, Ashley Aalders was approached and introduced to Michael Keddy. Mr. Keddy told him that he was interested in purchasing the Russell Properties that bordered Hunts Lake and wanted to know if Aalders was interested in selling Keddy a right-of-way to access those properties using the existing roads, if Keddy went forward with the purchase. Mr. Aalders explicitly told him no. Aalders was not interested in giving any more right-of-ways over the Aalders Property. Keddy, however, proceeded to purchase the Russell Properties along with the adjacent Arnburg Property that contained a legal right-of-way to use the existing road. After the Russell Properties were acquired by Keddy, Keddy started trespassing by hauling timber from the Russell Properties over the right-of-way. Two letters were sent to Keddy (June 25, 2021 and November 1, 2021) demanding that the trespass either cease or Keddy negotiate with Aalders to obtain permission to use the private road. After the first letter, Keddy approached Mr. Aalders with an offer to purchase a right-of-way. The offer was unreasonably low at $25,000 (for comparison, a much smaller private residential, non-commercial, right-of-way in the Cron case petition mentioned below was valued at $140,800.00 in 2015, which with inflation would be $169,159.40 in 2022). After Mr. Aalders rejected the offer, Keddy made it clear that he need not purchase a right-of-way because the Private Ways Act gives him a right-of-way. The threat of using the Private Ways Act in a commercial transaction is bad faith negotiating and the use of the Private Ways Act in this context rises to the level of an abuse of process; legislation is to be interpreted as remedial and not as a tool to leverage a better commercial deal in a private transaction. After the first letter was sent and the offer for a right-of-way was rejected, Keddy consolidated the Russell Properties and the Arnburg Property. It is unclear what the motivation for the consolidation was, but the effect was to create a parcel register for the entire consolidated lot that contained the Arnburg Property right-of-way as a benefit. The law, however, is clear that a right-of-way cannot be expanded unilaterally by a dominant tenement. As for the parcel register, the registered right-of-way only benefits that portion of lands that the original grant of right-of-way benefited. Again, the motive for the consolidation is unclear, but it is noteworthy that the parcel description on the parcel register differs from the consolidation deed in that it omits the limitation of what lands the right-of-way benefits. Keddy continued trespassing and my client was informed by Keddy's contractors that only a court order could stop them from trespassing. On May 20, 2022, Aalders filed an application in Supreme Court seeking an order declaring Keddy trespassed and an injunction to prevent future trespass. The hearing of the application has been set for u is 3 January 30, 2023. Keddy opposes the application and insists they already have a legal right-of-way over the Aalders Property to access the Russell Properties. Keddy now petitions a right-of-way be granted by council pursuant to the Private Ways Act. My client submits that this application has been brought forward in bad faith and is inappropriate for council to weigh in on a commercial dispute between a company and a private landowner. Keddy was fully aware the right-of-way did not exist prior to its purchase of the Russell Properties and then attempted to wield the Private Ways Act as a tool to leverage a private citizen into giving up rights over their lands. Purpose of the Private Ways Act The Private Ways Act has been in existence in Nova Scotia since the late 1800's in one form or another. Like many statutory enactments, it was designed to fill in the gaps that Common Law did not address. Pursuant to the Interpretation Act, it is to be viewed as remedial: "every enactment in Nova Scotia shall be deemed to be remedial and interpreted to insure the attainment of its objects" (Interpretation Act, RSNS, 1989, c.235, Section 9 (5)), According to the Interpretation Act of Nova Scotia, legislation is designed to rectify some 'mischief' or injustice that does not have another remedy, (Section 9 (5)( c )). In the case of the Private Ways Act, the legislation is set out to remedy a person who is landlocked, and who has no other remedy available at law. In this matter, where 1) there appears to be another legal right-of-way for accessing the Russell Properties, 2) Common Law remedies are still available (e.g. right-of-way of necessity over parcels that were at one time in common ownership), and 3) an ongoing Court application is in process, proceeding with a petition would not be in line with the Act's purpose of being remedial and filling the gaps where Common Law leaves no other solutions. For context, in the petition involving the parties in Cron v Halifax (Regional Municipality), 2010 NSSC 460, the petitioner's predecessor in title had already applied to Court to confirm a right-of-way and it was determined the right-of-way was extinguished. Based on res judicata, this ruling left the petitioner with no other options at Common Law and resulted in their family home being landlocked. Particularly, the Private Ways Act is not necessary as Keddy appears to already have a right-of-way from Adams Road based on a reservation by Gold River Pulpwood Co Ltd in a deed recorded in the Registry of Deeds for Lunenburg County in Book 20, at Page 275 and also a Grant of Easement in Book 54 at Page 1110. Below is the text from the deed reserving the right-of-way. 1 .hereby, corms ,a free right away ..accrose.Same .far.hauling.loge_ &meals 1on limes. mui a 5 4 The map below shows the lands that were owned by Gold River Pulpwood Co Ltd (outlined in red), who reserved a right-of-way over the lands outlined in blue. (The parcel identified on the map as grant number 11078 Andrew Gow is the Russell Properties.) Based on the title history, the traditional and legal access to these parcels for hauling timber was from Adams Road south of Hunts Lake. Any application to Court under the Doctrine of Lost Modern Grant or a right-of-way of necessity would be for a right-of-way from Adams Road and not over the Aalders Property. The Doctrine of Lost Modern Grant provides a right-of-way where one has been historically used and a right-of-way of necessity implies a right-of-way where lands under common ownership are conveyed without a right-of-way, and therefore a right-of-way is implied over the other lands of that common owner. These Common Law remedies are available to Keddy to pursue and if either remedy was granted, Keddy would obtain access to the Russell Properties. The parcel register for PID 60121944 (a copy enclosed) also shows the Russell Properties (PID 60123486 and 60123494) as having a benefit over this parcel. U rls 5 Jurisdiction The Private Ways Act contains three parts. The third part was a legislative response to an appeal of the Cron v Halifax (Regional Municipality), 2010 NSSC 460. After the amendment was made, the appeal became moot and did not proceed. The parts that are relevant to this petition, however, are Part 1 and Part 2. Part 1 addresses access for commercial logging activities and access for other natural resource activities. Applying under Part 1 requires the petitioner petition the Governor in Council. The Province has retained jurisdiction over granting access for the activities defined in this part. Part 2 addresses private citizens' access needs. A petitioner under this part petitions the local municipal council. Legislation is interpreted as being drafted purposefully, i.e. the fact that Part 1 and Part 2 are separate parts informs our interpretation of the Act that the municipal council has not been given jurisdiction over activities defined in Part 1. The distinction between these two parts is important. Municipal jurisdiction is limited to the authority provided by legislation. The Act keeps jurisdiction for accessing commercial activities relating to natural resources within the Province's bailiwick. The municipal council, therefore, lacks jurisdiction to grant a right-of-way for the commercial forestry purposes, which is governed by Part 1 of the Act. This may have also been the conclusion of the municipal solicitor referenced in passing in Goulden v. Nova Scotia (Attorney General), 2013 NSSC 253, where it is stated at paragraph 47 to 49 that the municipal solicitor's legal opinion was that the municipality had no authority under the Private Ways Act to make a determination of granting access over a pit road: [47] The Rapp Private Ways Act petition. In January 1999, Brian Ricky Rapp brought a petition under the Private Ways Act, R.S.N.S. 1989, c. 358, for a 25 -foot right-of-way over the lands in dispute and the Mahaney/Wildman land. A memorandum filed by Ms. Melanson with the petition provided a history of the pit road right-of-way. It indicated that there did not appear to have been any written grant of a right-of-way, or written agreement, dealing with the pit road. Both Melda Langille (Arnold DeMings's daughter) and the MacDonalds verbally confirmed their agreement to a right-of-way over lands they believed they owned. Goulden did not agree. The Wildmans did not consent to a right-of-way or agree to its existence. There was no reference to any position being taken by Ida Mahaney. [48] At trial, Goulden adopted statements he made in a letter to the commissioners and Shelburne municipal council, dated October 4, 2002. He referred to Gary Rapp's activity in 1998. He said Gary Rapp and James Kimbrell had admitted in court on September 11, 2002, that there were at least three other roads in addition to the disputed right-of-way. He said the Rapps had other means of vehicle access, such as along the railway tracks. He said he had seen them take gravel out by these other means. [49] After receiving a legal opinion that the Municipality had no authority to make a determination under the Private Ways Act, the Rapp application was dismissed by council in late December 2002. u s 6 Cron v Halifax (Regional Municipality), 2010 NSSC 460 ("Cron") Cron is a case referenced in Mr. Dunbar's letter to council and appears to be the only case law that interprets the Private Ways Act. The parties involved in this case are also parties of a petition under the Private Ways Act. The background of the dispute in this case is important. This involved a property that HRM described as being the only house in HRM they were aware of that did not have a legal driveway access (PID 00280271). There used to be a right-of-way for this property, but Justice Coffin held in a written decision dated April 22, 1968 that the right-of-way was extinguished. From that point on, the family has been trying to obtain access to their home. The particular impetus to council using the Private Ways Act was that a license agreement the family had obtained to access the property was set to expire May 30, 2010. The right-of-way itself was granted over the existing driveway and a 20' wide service easement in favour of HRM. The right-of-way area was roughly a 20 -foot -wide driveway the length of 200 feet. The arbitrators determined the total compensation for the grant of right-of-way was $140,800.00 (and being $169,159.40 after adjusting for inflation) plus costs of $16,800 to the servient tenement and the arbitrators' costs, all of which was payable by council. The right-of-way sought in this matter involves granting a right-of-way over 2000' in length for commercial logging activity as well as access for potential lakefront cottage developments. The compensation for such a right-of-way is expected to be a multiple factor of what was awarded in the Cron case petition. To date, no offer has come reasonably close to the value of a right-of-way for 1) commercial logging activity and 2) lakefront cottage developments. Another important difference is that the Cron right-of-way was granted for one property's benefit and no other property owners would be using the driveway. In this matter before council, many other private citizens will be negatively affected by substantial increase of traffic on the private road. Expanding the right-of-way in our matter would benefit one company in their commercial logging activities and developing and selling lakefront cottage lots. In the Cron case petition, only the servient tenement was affected by the grant, and since they didn't use the driveway, all repair and deterioration of the driveway would only affect the dominant tenement, i.e. petitioners. Lastly, the most important distinguishing fact is that the Cron case petition was for granting legal access to a family so that they could continue accessing their family home. muttarts 7 Public Policy This petition is not necessary or requisite. Keddy appears to have a legal right-of-way. Keddy has not presented an abstract of title to support their assertion that they lack a legal right-of-way (in fact they are currently maintaining the opposite position that they have a legal right-of-way in the litigation currently involving the parties). Even if Keddy does not have a legal right-of-way, Keddy has not exhausted their options at Common Law for a right-of-way implied out of necessity or granted pursuant to the Doctrine of Lost Modern Grant. Further, Keddy has not exhausted the current ongoing litigation, which if they were successful, would make this petition proceeding moot. Keddy's public policy plea deserves little weight and sympathy as they purchased the Russell Properties despite knowing they did not have a right-of-way over the Aalders Property. Keddy then wielded the Private Ways Act as a tool to try and gain leverage in a private civil dispute involving them as a commercial actor and Aalders as private landowners. Keddy also has failed to make meaningful negotiation for a right-of-way for the Russell Properties and has failed to attempt any negotiation for access to PID 60122132. Public policy would dictate that the Private Ways Act should be used sparingly and for remedial purposes to resolve injustices. Nothing in these facts suggests an injustice would occur by rejecting Keddy's petition. My clients submit that utilization of the Act by commercial forestry companies to leverage right-of-ways over private citizens would in fact be against public policy. Keddy seeks a right-of-way for two purposes, lakefront cottage development and commercial logging activities. Council lacks jurisdiction to grant access rights for commercial logging activities as jurisdiction has been retained by the Province pursuant to Part 1 of the Act. Access for logging activity, however, is not the most concerning issue for my clients, it is the multitude of new lakefront cottages that could be developed along Hunts Lake and how those new residents will/will not contribute to the road maintenance and the substantially increased road deterioration and liability Aalders will incur by an expanded right-of-way. Based on these facts, public policy would not support the interference by council in favor of a commercial actor in granting a right-of-way for the purposes of commercial logging and developing lakefront cottages. Thank you for your consideration of this matter. Yours truly, Nick Moore Enclosures Property Online Map Owner: 3272529 NOVA SCOTIA LIMITED AAN: 04508343 Value: $56,800 (2022 RESOURCE FOREST) PID: 60121944 County: LUNENBURG COUNTY LR Status: LAND REGISTRATION Address: HIGHWAY 12 HARRISTON Date: Oct 2S, 2022 1:54:14 PM The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright c0 1999-2003,covernment,of Nova Scotia, all rights reserved. Land Registration View Indicates interests inherited on subdivision or re -configuration of parcel 60121944 STANDARD PARCEL ACTIVE 135.1 ACRE(S) PUBLIC MU9903 Sep 13, 1994 12:00:OOAM APPROVED MUNICIPALITY OF DISTRICT OF CHESTER NOT APPLICABLE LAND REGISTRATION Sep 13, 2013 10:29:13AM HIGHWAY 12 HARRISTON LUNENBURG COUNTY Yes Not Assigned by Municipality PIDs 60123486 and 60123494 currently exist as a servient or dominant tenement PID on this parcel register. However, these PIDs have been removed from the mapping and are no longer applicable, as a result of processing of Document 119562594. Any revision required by this change to update the relevent PIDs must be made by an authorized lawyer; these revisions can be made without a recording fee by filing a form 24, without an attachment, using Code 451. No consents are required, but notice to those who are affected is recommended. Questions can be directed to Southern Region Mapping Supervisor - 2021-11-09. 04508343 Registered Interests 3272529 NOVA SCOTIA LIMITED FEE SIMPLE $56,800 (2022 RESOURCE FOREST) 6883 NO 12 HWY RURAL ROUTE 4 NEW ROSS NS CA 803 2M0 Farm Loan Board - Occupants & Mailing Addresses DEED 2013 No Records Found Benefits to the Registered Interests No Records Found Burdens on the Registered Interests 104389524 © View Form © View Doc 060 000 Dec 27, 2013 No CHE2382 60123494 EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID UNKNOWN EASEMENT/RIGHT OF WAY 1975 Q View Doc Book 54 Page 1110 Dec 01, 1975 CHE2382 60123486 EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID UNKNOWN EASEMENT/RIGHT OF WAY 1975 a View Doc Book 54 Page 1110 Dec 01, 1975 CHE2383 60122082 EASEMENT/ROW HOLDER (BURDEN) - DOMINANT PID UNKNOWN EASEMENT/RIGHT OF WAY 1975 View Doc Book 54 Page 1113 Dec 01, 1975 Textual Qualifications on Title Tenants in Common not registered pursuant to the Land Registration Act Recorded Interests No Records Found No Records Found All that land at Harriston in the County of Lunenburg and Province of Nova Scotia as described in a Crown Grant dated the 16th day of May, 1906 to Wellington Sweet and which was registered at the Registry of Deeds, Chester, N. S., on ]ulyllth, 1906 in Grant Book 1 at Page 194 as follows: Beginning on the north east side of the Brook running from Lake Edwin; Thence running South Seventy-three degrees East by the southern line of 400 acres granted to 5. P. Benjamin in the District of New Ross sixty-nine chains and fifty Ilnks; Thence South Three degrees West twenty chains and twenty-five links; Thence North Seventy-four degrees West fifty-seven chains; Thence North Four degrees East three chains and fifty links to said Brook; Thence north westerly by said Brook to the place of beginning. SUBJECT TO a Right of Way as described in book 54 at Page 1110 under Number CHE2382 recorded on December 1, 1975. ALSO SUBJECT TO a Right of Way as described in Book 54 at Page 1113 under Number CHE2383 recorded on December 1, 1975. *** Municipal Government Act, Part IX Compliance *** Exemption: The parcel is exempted from subdivision approval under the Municipal Government Act because the parcel was created by a subdivision Reason for exemption: Section 268A that is a Deemed Consolidation - (De Facto Consolidation). NOn•Enabling Documents Document 103422383 O. View Form View Doc Non -Enabling .Plans. AFR l undies Parcel Relationships 2013 DEFACTO CONSOLIDATION No Non Enabling Plans Found No AFR..Bundles Found No Related Ms Found REGISTRY OF DEEDS Jul 16, 2013 This parcel IS REGISTERED PURSUANT TO THE Land Registration Act. The registered owner of the registered interest owns the interest defined in this register in respect of the parcel described in the register, subject to any discrepancy in the location, boundaries or extent of the parcel and subject to the overriding interests [Land Registration Act subsection 20(1)]. No representations whatsoever are made as to the validity or effect of recorded documents listed in this parcel register. The description of the parcel is not conclusive as to the location, boundaries or extent of the parcel [Land Registration Act subsection 21(1)]. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova 5cotid, all rights reserved, 0 you have comments regarding our site please direct them to: prgp r yQ nlin a[goV.np.Ca Please feel free to Submit Problems you find with the Property Online web site. Compression: Off REQUEST FOR DECISION REPORT TO: Council MEETING DATE: September 8, 2022 DEPARTMENT: Infrastructure and Operations SUBJECT: RFP for Village of Chester WWTP Upgrade ORIGIN: Village of Chester Wastewater System Renewal and Expansion Project Date: August 25, 2022 Prepared by: Tammie Bezanson, CET Date: October 5, 2022 Reviewed by: Matthew Blair, Director of Infrastructure and Operations Date: October 20, 2022 Authorized by: Dan McDougall, CAO RECOMMENDED MOTION That council award the design of the upgrade of the Village of Chester Wastewater Treatment Plant (WWTP) to CBCL Limited for $299,068 which includes our portion of HST. CURRENT SITUATION The Department of Infrastructure and Operations issued a Request for Proposals (RFP) seeking the services of a qualified firm or individuals to design and administer the contract documents for upgrades to the Village of Chester WWTP to meet environmental regulations and future community expansion. BACKGROUND The initial project of wastewater collection and treatment upgrades for the Chester Village Wastewater Treatment Plant and collection system was approved by Council on April 11, 2022 “MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that Municipality of the District of Chester submit the project titled: Village of Chester Wastewater System Renewal and Expansion Project for funding through the Investing in Canada Infrastructure Program – Green: Environmental Quality Stream; and BE IT FURTHER RESOLVED THAT Council supports the project and commits to provide its share ($4,518,899) toward the $16,943,752 project cost.” This application was separated into two projects for proposals. The first project includes upgrades to three lift stations and one forcemain renewal, one new lift station and new forcemain, in which the RFP for design was awarded to CBCL on June 23rd, 2022. This project involves upgrades to the Village of Chester wastewater treatment plant including the clarifiers, aerators, ultraviolet disinfection system and associated controls. This will allow for future expansion and necessary upgrades to meet current flows. We are hoping to hear back on our funding application by the end of December 2022. DISCUSSION The province has previously stressed the importance of “shovel ready projects” when applying for the Investing in Canada Infrastructure Program (ICIP). By awarding this design now, we would be shovel ready to start the construction of the same in 2023. There is a risk that any work completed prior to application approval would not be eligible for funding if MODC was awarded the ICIP grant. If this expenditure is deemed ineligible prior to the infrastructure grant being R e q u e s t f o r D e c i s i o n P a g e | 2 awarded, staff will work with the Department of Municipal Affairs & Housing to reallocate approved grant funding to alternative eligible spending. MODC Department of Infrastructure & Operations received three (3) submissions for design. The proposals were evaluated on: - Experience and qualifications of the organization - have they completed this type of project in the past. - Methodology - have they followed the directive in the RFP; fulfilled all of the requirements requested in the RFP. - Proposed Project Team - has this team worked on similar projects in the past; have the team worked together on those projects. - Reference Projects (3) - the references provided are called and asked about the project and the quality of work commissioned. The RFP scoring criteria was split 70% for experience, qualifications, and references, with a minimum threshold of 45%, and 30% based on the price. The evaluation matrix is shown in the table below. Rated Criteria Category Weighting Minimum Threshold Experience and Qualifications 15% N/A Methodology 25% N/A Proposed Project Team 20% N/A Reference Projects (3) 10% N/A Subtotal A 70% 45% Pricing 30% N/A Total Weighting 100% N/A Company Score Price CBCL Limited 87.3 $286,776 Company 2 85.3 $240,295 Company 3 84 $289,415 This award covers the following costs:  Design - $206,000  Construction tender - $35,976  Construction supervision - $44,800 R e q u e s t f o r D e c i s i o n P a g e | 3 OPTIONS Option A – Direct staff to award the contract to CBCL Limited at a cost of $286,776 + HST. Option B – Direct staff to delay award until the ICIP grant has been decided. IMPLICATIONS By-Law/Policy Not Applicable Financial/budgetary This project has not been budgeted for in the 2022/2023 budget year, MODC would have to fund this from reserves until the grant has been awarded. Upon project completion, the source of funds municipalities project costs will need to be determined. Environmental Project will improve the Municipality’s ability to convey wastewater and expand its wastewater system. Strategic Priorities The design and future construction will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated and accessible. 1. Continue to develop an asset management system that will inform decisions about infrastructure, development, levels of service, risk assessment, and associated financing. Priority Outcomes: Infrastructure & Service Delivery 1. Develop and implement evidence-based plans for future infrastructure and service needs, along with related funding models, to accommodate sustainable growth and levels of service. 2. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. Work Program Implications This existing wastewater treatment plant will have upgraded infrastructure to meet current operational needs and capacity for future expansion. Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) No communication needs are anticipated at this stage of the project. ATTACHMENTS N/A Fall 2022 Agenda Planning CDD & Rec CSM FIN & IT IAO O c t o b e r C.O.W • Aspotogan Wharf – Options report • Fire Advisory Committee – options to establish • • J Class Road Repaving rating criteria review • Chester Gazebo lighting update Council • • Fire Protection Services Review – Steering Committee Report • • Chester Wastewater Treatment Plant Upgrade Design Serv ices – Request for Decision Workshop • • • • Other • • • • Quarterly NSPW meeting – Oct. 18 N o v e m b e r C.O.W • Grants Policy program review – follow up from summer workshops Building Inspection Shared Services update • Uniform Signage Program Expansion Planning • Municipal Welcome Signs-options report, request for decision • PACE program – proposed program & bylaw (follow up from May presentation to Council) • Salary & Benefits Review – receive report & direction to staff • Not for Profit Charitable Tax Exemption Review – follow up from Summer prestation to Council • Council • Hubbard’s Streetscape – presentation of community report to council • Municipal Electoral Boundaries – follow up report • • Wastewater System Capital Development Charges – back to council from August discussion Workshop • • • • Wastewater multi-year action plan • Accessibility Facility Audit – Receive report & immediate actions Other • • • • D e c e m b e r C.O.W • Housing toolkit • Personnel Policy Review – receive report • Strategic Priority Session (lead in to 23-24 budget) • Lending Programs (water distribution and on-site septic) program options and direction • Community Wells- options report • Chester Central Water • Mill Cove Fire Protection Options Council • • Arts Culture Recreation Strategy – Scope of Work • • Asset Management Policy • Fire Advisory Committee TOR Draft Policy Workshop • • Exit 6 Growth Strategy • • Landfill Long Range Planning Other • • • • Future Priorities – Confirm & Schedule Strategic • • • • Traffic Study Implementation Plan Operational • • • • Council Direction • Dust/Demolitions • Public Moorings Initiative (M.I.C.A.) • Short term Rentals • EDI (already in other emerging items below) • Lighting in Chester Village • Parade Square Phase 2 options • Tancook Ferry Future use options • • Other/Emerging • Borgald’s Point boat launch parking Unsightly Premises – approach for repeat offenders etc. • Wild Rose trail - surface upgrade for accessible use • Community Capacity Building - training & support for community organizations • Regional EDI (Mayors and wardens) • • Unopened provincial roads – background report & options to acquire Royal Canadian Legion, Branch # 24 Phone: 902-543-3203 78 Churchill Street Bridgewater, Nova Scotia B4V 1R7 E-mail: info@bridgewaterlegion.ca Monday October 20 2022 Your Worship Warden Allen Webber, Re: Remembrance Day Flyby Last year, with your support, we were successfully with an aircraft flyby over the Cenotaphs of eight Lunenburg County Communities. Feedback from the communities who received the flybys were extremely positive and has prompted us to try and conduct another flyby for this year’s Remembrance Day Ceremonies. We are again planning to conduct flybys over the following communities: Bridgewater, Chester, Chester Basin, Lunenburg, Mahone Bay, New Germany, New Ross, Chelsea and Western Shore. (These communities were selected based on the most direct aircraft approaches.) If you would like your community to again participate and experience this flyby and because time is of the essence, I will need the following information from you as soon as possible. - Letter of support from the Mayor allowing a low-level flyby as low as 500' over your community; - Name, e-mail address and telephone number of a contact person. - Please send the letter directly to me via email in Word or PDF format - Address the letter to: - A3 Special Events - 1 Canadian Air Division - Po Box 17000 Stn Forces - Winnipeg, Manitoba, R3J 3Y5 Military flybys are usually confirmed one week prior to the event and are subject to availability of aircraft, weather and other military commitments. The flight plans and the final list of towns that will participate are at the discretion of the Special Events Coordinator. If you have any questions or require additional information, please do not hesitate to contact me at 902-521- 8221 or e-mail mdhennessey@outlook.com Yours in Comradeship Dan Hennessey Chairman November 11th Committee 2022-10-21 1 Infrastructure & Operations Quarter 2 Report Roles & Responsibilities Leigh Besanger - Wastewater Buildings & Structures Tammie Bezanson - Roads Vehicles & Equipment Open Space Christa Rafuse - Solid Waste Fred Whynot - Public Works Manny Blair - Infrastructure & Operations 1 2 2022-10-21 2 Solid Waste Landfill Collection Update NOVA SCOTIA’S TREASURE MATERIAL TONNAGE Q1 TONNAGE Q2 TONNAGE Q3 TONNAGE Q4 Total To Date RESIDUAL WASTE (A) 16,578.63 15,803.40 0 0 32,382.03 SEPTIC WASTE (B) 2,615.18 2,840.99 0 0 5,456.17 WOOD (C) 348.85 307.59 0 0 656.44 ASPHALT (D) 113.57 473.53 0 0 587.10 ORGANICS (E) 532.38 543.68 0 0 1,076.06 RECYCLABLES, CARDBOARD & PAPER (F) 165.39 184.83 0 0 350.22 MIXED C&D WASTE (G) 2,091.41 2,050.03 0 0 4,141.44 Solid Waste – Stats 3 4 2022-10-21 3 Solid Waste – Wastewater Leachate Treatment- An RFD for the design of Phase 2 of the leachate treatment plant will be brought to council in November 2022. If approved, the design will be completed early 2023, with construction anticipated later in the year. Solid Waste – Buildings & Structures Cell 3B - Construction work continues. Completion date estimated to be March ’23 due to weather-related flooding and its effect on the clay consistency. Increased blasting requirements are also necessary. Contractor has extended operational hours to accommodate the above. 5 6 2022-10-21 4 Solid Waste – Buildings & Structures Cell 3B - There are no known additional costs associated with the pumping and blasting. Monthly contractor progress meetings are conducted. Landfill can accommodate waste until spring 2023. Solid Waste – Buildings & Structures Public Drop-Off - Renovation of metal structure has been postponed until the new financial year. This work was not included in the 2022/23 year budget. 7 8 2022-10-21 5 Solid Waste – Vehicles & Equipment Compactor - New compactor ordered. Estimated delivery date is November 2022 ½ Ton Truck - Order placed with supplier. Awaiting delivery date confirmation. Green Carts - Order for 250 carts placed. Delivery due in February 2023. Solid Waste – Administration Landfill Strategy - Presentation to Council in December 2022. 9 10 2022-10-21 6 Solid Waste – Completed Projects •Compactor purchase •½ ton truck purchase •Green cart purchase for 2023 inventory •Landfill vehicle & equipment policy Public Works 11 12 2022-10-21 7 cs for Public Works October 21, 2022 NOVA SCOTIA’S TREASURE Activity Q1 Q2 Q3 Q4 Year to Date Sewer Permits Issued 5 1 6 Sewer Callouts (S. Business) 36 41 77 EDU Increase 3 0 3 Utility Locates 4 3 7 Berthage Permits Issued 0 0 0 Berthage Enforcement Events 1 0 1 Compost Carts Delivered 228 154 382 Dead Marine Life Collections 0 0 0 Events Requiring Public Sort Station 6 3 9 Public Sorting Station Abuse Incidents 0 0 0 Bandstand Bookings 8 31 39 Maintenance Work Orders 24 35 59 Road Name Signs Installed 7 2 9 Streetlight Requests 2 0 2 Sidewalk Snow Removal Events 0 0 0 Mobile Radar Unit Deployments 3 2 5 Compliments 1 3 4 Public Works – Stats Public Works – Roads Active Transportation - Awaiting the 90% design drawings (Sidewalks) from the consultant. Public consultation letters sent to affected residents with deadline of 30 November to respond. NSDPW RoW permits have been applied for. NSECC construction permits have been applied for. 13 14 2022-10-21 8 Public Works – Roads Rapid Rectangular - NSDPW have advised that locations Flashing Beacons are under review, however not all locations may be approved. Once locations confirmed by NSDPW, information will be shared. Public Works – Roads Speed Radar Signs - NSDPW have requested traffic volume data. Mobile speed radar data to be reviewed and sent to NSDPW in November 2022. I&O will follow up in early 2023. J-Class Roads - Myra Road, Adams Road & Brunswick Street paved. 15 16 2022-10-21 9 Public Works – Roads Snow & Ice Control- Contracts awarded for three-year term commencing 1st November 2022. Roads = 2,735m Sidewalks = 3,915m In Addition, NSDPW will clear 525m of road along Millennium Drive. Public Works – Wastewater Lift Stations & - CBCL commencing design brief. Forcemains Initial stages of design process. Construction in 2023. Chester Wastewater - Design award in Fall 2022 Treatment Plant Construction tender anticipated in March 2023. Pending council approval. 17 18 2022-10-21 10 Public Works – Wastewater Otter Point Wastewater - Design awarded in September. Treatment Plant Preliminary meeting with ABLE. Construction in 2023, pending council approval. Western Shore - ABCO provided preliminary costs Wastewater Treatment on clarifier repairs. Plant Upgrade Capital plan to be presented to council for 2023/24. Public Works – Wastewater Mill Cove Fire - Report to council in December 2022. Protection Manhole Repairs - Western Shore complete. This is an annual maintenance item. 19 20 2022-10-21 11 Public Works – Wastewater Lift Station Panel - 16 of 18 panels have been upgraded. Upgrades & Future capital plan to be presented to Generators council for 2023/24 financial year. Wastewater Study - 5 year plan to be presented to council in November 2022. Public Works – Buildings & Structures Gold River Bridge - Design awarded in September and completed in spring 2023. Anticipated construction summer/fall 2023 Station Bridge - Design RFP to be distributed in 2023/24 financial year. 21 22 2022-10-21 12 Public Works – Buildings & Structures Wild Rose - Work continues. Accessible Anticipated opening to public in spring 2023 Washrooms Trail Bridge Repairs - RFP to be posted by end of December 2022. Public Works – Buildings & Structures Accessibility Audit - Report complete. (Municipal office & Final audit report and immediate work Annex) recommendations to be presented to council in November 2022. Long term options presented in 2023. 23 24 2022-10-21 13 Public Works – Vehicles & Equipment ¾ Ton Truck - Awarded in October. Awaiting delivery date from supplier Zero Turn Mower - Awarded in September Awaiting delivery date from supplier Public Works – Open Space Hennebery Lake - Awaiting future requirements (if any) from NSECC. Trail Maintenance - Complete Beach Wall Repair - Complete Haughn Property - On-going trail work; 90% complete. 25 26 2022-10-21 14 Public Works – Administration J-Class Roads - Presented to council Matrix Amendments underway for further consideration in November 2022 Traffic Impact Study - Present to council in Q4 Community Wells - Present to council in December 2022 Public Works – Administration Wastewater Capital- Present to council in December 2022 Charge 27 28 2022-10-21 15 Public Works – Completed Projects •Traffic control contract •J-Class road rehab •Snow & Ice Control (SNIC) roads and sidewalks contracts •Wastewater pump standing offer •Western Shore gravity system upgrade •Admin building heat pump Public Works – Completed Projects •Trails tree canopy & brush clearance •East river beach wall and ramp repair •Mill Cove boat launch •Heavy equipment contract •Finger wharf upgrades 29 30 2022-10-21 16 Infrastructure & Operations – Administration Asset Management - Present to council in December 2022 Policy Asset Management - Work has commenced. Strategy Strategy present to council in 2023 Active Projects Q1 Q2 Q3 Q4 CAPITAL SCHEDULED CAPITAL SCHEDULED CAPITAL SCHEDULED CAPITAL SCHEDULED ROADS 9 4 5 4 WASTEWATER 13 5 11 5 BUILDINGS & STRUCTURES 8 3 7 3 VEHICLES & EQUIPMENT 3 3 0 3 OPEN SPACES 3 14 2 12 SOLID WASTE 3 5 3 5 ADMINISTRATION 15 6 13 6 54 40 41 38 0 0 0 0 TOTALS 94 79 0 0 31 32