PETITION TO QUIET A TITLE IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL)

IN THE MATTER OF: that piece or parcel of land situate South of the waters of Holyrood Bay, in the Town of Holyrood, in the Province of Newfoundland and Labrador, and an Application by Mary Layman and Gerald Snow pursuant to the Quieting of Titles Act, RSNL 1990 c. Q-3, as amended. NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, R.S.N.L. 1990 C. Q-3 AS AMENDED NOTICE IS HEREBY GIVEN to all parties that Mary Layman and Gerald Snow of the Town of Bay Roberts, in the Province of Newfoundland and Labrador have applied to the Supreme Court of Newfoundland and Labrador, Trial Division (General) to have their title to all that piece or parcel of land at Holyrood, in the Province of Newfoundland and Labrador, and more particularly described and outlined in Schedule “A” as attached hereto in this matter in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division (General), at St. John’s, investigated and for a declaration that the Applicants are the absolute owners thereof. All persons having title adverse to the said title claimed by the Applicants shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division (General), particulars of such adverse claim and serve same, together with an Affidavit verifying same, on the undersigned solicitors for the Applicants on or before the 21st day of October A.D. 2013 after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just. All adverse claims shall be investigated in such manner as the Supreme Court may direct.

DATED AT St. John’s, in the Province of Newfoundland and Labrador this day of September, 2013. David R. Power Perry and Power Law Office 55 Bond Street St. John’s, NL A1C 5L4

SCHEDULE “A”

Parcel “A”

ALL THAT piece or parcel of land situate and being at Holyrood in the Electoral District of Harbour Main in the Province of Newfoundland and Labrador and being abutted and bounded as follows; THAT IS TO SAY; By a line beginning at a point said point being a Standard Survey Marker found on the West limit of the Conception Bay Highway at the Northeast angle of land of Blair Tilley and having coordinates of N 5,253,951.188 and E 297,135.899 metres of the Modified Transverse Mercator Projection for the Province of Newfoundland and Labrador; Thence running by land of Blair Tilley North eighty eight degrees forty nine minutes forty six seconds West a distance of one hundred and forty decimal two one zero metres; Thence North ten degrees five minutes thirty two seconds East a distance of ten decimal six seven zero metres; Thence following the existing Southern limit of Flood’s Road to a point distant one hundred and fifty two decimal nine one zero metres on a bearing of North eighty six degrees fifty eight minutes thirty nine seconds East; Thence following the West limit of the Conception Bay Highway South thirty three degrees fifty two minutes seventeen seconds West a distance of twenty five decimal eight one two metres; more or less to the point of beginning and containing an area of 0.297 Hectares and being more completely described and delineated and referred to as Parcel “A” on the drawing hereto attached. All bearings refer to Grid North N.A.D. 1983.

SCHEDULE “A”

Parcel “B”

ALL THAT piece or parcel of land situate and being on the West side of the Conception Bay Highway at Holyrood in the Electoral District of Harbour Main in the Province of Newfoundland and Labrador and being abutted and bounded as follows: THAT IS

TO SAY; By a line beginning at a point said point being a Standard Survey Marker found on the West limit of the Conception Bay Highway at the Northeast angle of land of Beverley A. Carter and having coordinates of N 5,254,034.257 and E 297,190.068 metres of the Modified Transverse Mercator Projection for the Province of Newfoundland and Labrador; Thence running by land of Beverley A. Carter North seventy five degrees thirty seven minutes forty two seconds West a distance of seventy three decimal seven six eight metres; Thence South twenty eight degrees thirty three minutes twelve seconds West a distance of eighty five decimal zero five nine metres; Thence running along the North limit of Flood’s Road to a point distant two hundred and thirty nine decimal two three zero metres on a bearing of South sixty three degrees thirty six minutes forty five seconds West; Thence continuing along the North limit of Flood’s Road to a point distant three hundred and eighteen decimal eight six two metres on a bearing of North forty seven degrees fifty one minutes forty seconds West; Thence running by land of A. Neary and M. Grubbs North thirteen degrees forty nine minutes zero seconds East a distance of fifty four decimal zero four zero metres; Thence North sixty nine degrees thirty nine minutes fifty seven seconds West a distance of twenty two decimal six two zero metres; Thence North seventy six degrees one minute fifty seven seconds West a distance of seventeen decimal six three zero metres; Thence North eighty five degrees twenty six minutes fifty seven seconds West a distance of fourteen decimal five four zero metres; Thence North seventy one degrees twenty six minutes fifty seven seconds West a distance of forty eight decimal five six zero metres; Thence North sixty two degrees forty six minutes fifty seven seconds West a distance of forty four decimal eight three zero metres; Thence North fifty five degrees eight minutes fifty seven seconds West a distance of twenty seven decimal three seven zero metres; Thence North sixty five degrees sixteen minutes fifty seven seconds West a distance of thirty decimal two six zero metres; Thence North seventy degrees thirty nine minutes fifty seven seconds West a distance of thirty decimal seven five zero metres; Thence South eighteen degrees thirty three minutes three seconds West a distance of forty one decimal seven three zero metres; Thence North seventy six degrees fifty five minutes fifty seven seconds West a distance of eleven decimal two nine zero metres; Thence North sixty one degrees twenty five minutes fifty seven seconds West a distance of twenty one decimal nine two zero metres; Thence North seventy one degrees twenty eight minutes fifty seven seconds West a distance of forty decimal nine two zero metres; Thence North sixty seven degrees fifty nine minutes fifty seven seconds West a distance of twenty two decimal three eight zero metres; Thence running along the Easterly limit of the former Canadian National Railway Corridor North twenty eight degrees thirty six minutes fifty seconds East a distance of one hundred and twenty one decimal nine one one metres; Thence running by land claimed at one time by the Harding Estate North eighty five degrees thirty four minutes fifty six seconds East a distance of three hundred decimal three five nine metres; Thence running by land of Richard O’Neil and Christian O’Neil South sixty five degrees twenty nine minutes sixteen seconds East a distance of six hundred and three decimal seven three eight metres; Thence South sixty five degrees fifty two minutes forty five seconds East a distance of five decimal one zero seven metres; Thence running along the West limit of the Conception Bay Highway South thirty two degrees forty seven minutes twenty one seconds West a distance of seventy five decimal eight seven five metres; more or less to the point of beginning and containing an area of 19.324 Hectares and being more completely described and delineated and referred to as Parcel “B” on the drawing hereto attached. All bearings refer to Grid North N.A.D. 1983.

SCHEDULE “A”

Parcel “C”

ALL THAT piece or parcel of land situate and being West of the Conception Bay Highway at Holyrood in the Electoral District of Harbour Main in the Province of Newfoundland and Labrador and being abutted and bounded as follows; THAT IS TO SAY; By a line beginning at a point said point being a Standard Survey Marker placed at the intersection formed where the West limit of an old Winter Path meets the Southern limit of Flood’s Road and having coordinates of N 5,254,118.995 and E 296,542.082 metres of the Modified Transverse Mercator Projection for the Province of Newfoundland and Labrador; Thence running along the West limit of the aforementioned old Winter Path to a point distant two hundred and twelve decimal four six eight metres on a bearing of South three degrees fifty two minutes twenty seven seconds West; Thence running by land claimed by the Estate of Margaret Sooley (Gunn) North sixty nine degrees twenty three minutes twenty one seconds West a distance of fifty seven decimal zero three five metres; Thence North sixty four degrees forty minutes fifty six seconds West a distance of two hundred and sixty two decimal six four two metres; Thence running along the Eastern limit of the former Canadian National Railway Corridor North twenty three degrees seven minutes forty four seconds East a distance of one hundred and forty one decimal eight four six metres; Thence running by land of A. Neary and M. Grubbs South sixty six degrees fifty two minutes fifty seven seconds East a distance of twenty one decimal nine nine zero metres; Thence South seventy five degrees thirty nine minutes fifty seven seconds East a distance of seventy one decimal zero five zero metres; Thence South seventy two degrees twenty six minutes fifty seven seconds East a distance of thirty two decimal three eight zero minutes; Thence continuing by land of A. Neary and M. Grubbs and crossing Flood’s Road to a point distant thirty two decimal two seven four metres on a bearing of South sixty four degrees twenty four minutes fifty seven seconds East; Thence following the Southerly limit of Flood’s Road to a point distant forty four decimal eight zero nine metres on a bearing of North thirty one degrees twelve minutes fifty six seconds East; Thence running by land of A. Neary and M. Grubbs South sixty eight degrees twenty three minutes fifty seven seconds East a distance of thirty eight decimal four five four metres; Thence continuing along the South limit of Flood’s Road to a point bearing South fifty eight degrees eighteen minutes thirty seconds East at a distance of forty seven decimal six six two metres; more or less to the point of beginning and containing an area of 5.052 Hectares metres and being more completely described and delineated and referred to as Parcel “C” on the drawing hereto attached. All bearings refer to Grid North N.A.D. 1983. Reserving nevertheless out of the above described area Flood’s Road (R/W = 3.05 metres wide) and an old Cart Road (R/W = 3.05 metres wide) shown running through the Subject Lot as shown on the attached drawing.

SCHEDULE “A”

Parcel “D”

ALL THAT piece or parcel of land situate and being West of the Conception Bay Highway at Holyrood in the Electoral District of Harbour Main in the Province of Newfoundland and Labrador and being abutted and bounded as follows; THAT IS TO SAY; By a line beginning at a point said point being a Standard Survey Marker found on the East shoreline of Holyrood Bay at the Southwest angle of land of A. Neary and M. Grubbs and having coordinates of N 5,254,186.537 and E 296,232.203 metres of the Modified Transverse Mercator Projection for the Province of Newfoundland and Labrador; Thence running by land of A. Neary and M. Grubbs South seven one degrees five minutes fifty seven seconds East a distance of twenty nine decimal three eight zero metres; Thence South eighty degrees fifty five minutes fifty seven seconds East a distance of eighteen decimal eight two zero metres; Thence running along the West limit of the former Canadian National Railway Corridor South twenty three degrees seven minutes forty four seconds West a distance of one hundred and thirty nine decimal seven two seven metres; Thence running by land claimed by the Estate of Margaret Sooley (Gunn) North sixty four degrees twelve minutes fifty seconds West a distance of forty three decimal five two nine metres; Thence running along the aforementioned East shoreline of Holyrood Bay to a point bearing North twenty one degrees twenty minutes fifty one seconds East at a distance of one hundred and thirty one decimal zero three four metres; more or less to the point of beginning and containing an area of 0.612 Hectares and being more completely described and delineated and referred to as Parcel “D” on the drawing hereto attached. All bearings refer to Grid North N.A.D. 1983.

SCHEDULE “A”

Parcel “E”

ALL THAT piece or parcel of land situate and being West of the Conception Bay Highway at Holyrood in the Electoral District of Harbour Main in the Province of Newfoundland and Labrador and being abutted and bounded as follows; THAT IS TO SAY; By a line beginning at a point said point being a Standard Survey Marker found on the East shoreline of Holyrood Bay at the Southwest angle of land claimed at one time by the Harding Estate and having coordinates of N 5,254,342.316 and E 296,315.193 metres of the Modified Transverse Mercator Projection for the Province of Newfoundland and Labrador; Thence running by land claimed at one time by the Harding Estate South sixty seven degrees thirty four minutes forty two seconds East a distance of forty seven decimal zero four six metres; Thence running along the West limit of the former Canadian National Railway Corridor South twenty eight degrees thirty six minutes fifty seconds West a distance of one hundred and ten decimal seven zero zero metres; Thence running by land of A. Neary and M. Grubbs North fifty nine degrees twenty seven minutes fifty seven seconds West a distance of nineteen decimal four six zero metres; Thence North sixty seven degrees seven minutes fifty seven seconds West a distance of twenty one decimal nine zero zero metres; Thence North Seventy nine degrees eighteen minutes fifty seven seconds West a distance of ten decimal three six zero metres; Thence running along the East shoreline of Holyrood Bay to a point bearing North thirty degrees forty nine minutes twenty one seconds East at a distance of one hundred and ten decimal seven zero zero metres; more or less to the point of beginning and containing an area of 0.531 Hectares and being more completely described and delineated and referred to as Parcel “E” on the drawing here to attached. All bearings refer to Grid North N.A.D. 1983.