Report of Research, Field Investigation and Survey of Robert D ...

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3.12 (Tab 22) Plan 51R-10058 This survey is of a 1.83m strip along the northerly boundary of Lot 1, Reg’d. Plan 757. The plan shows survey monuments found for the NE’ly and NW’ly corners of Lot 1, which it attributes to Reg’d. Plan 757. In keeping with what appears to be standard practice in the area, the westerly boundary of Part 1 on the plan, as well as all of the lots, is set at 53.34m, the depth of the lots as indicated on Reg’d. Plan 757. Ronald Stewart O.L.S. does a thorough review of this practice in his Survey Report for Boundaries Act File B-1212. (See para. 6.4.8) 3.13 (Tab 23) Plan 51R-14274 This is a survey of the remainder of the north half of Lot 18, Concession 6. There are no surprises on the plan, with an alignment shown for the northerly boundary of the lot, where it abuts the Road Allowance between Concessions 6 and 7 that appears to be consistent with Plan 51R-7026. 3.14 (Tab 24) Plan 51R-31482 This is a survey of a 15.24m parcel comprising part of Lot 18, Concession 6 and part of Block A, Reg’d. Plan 757. The survey area lies just north of Lot 1, Reg’d. Plan 757, but is separated from Lot 1 by 2.13m. The survey is based entirely on found survey monuments, and Part 1 on the plan is shown as extending across the ‘Beach’ area (shown on Reg’d. Plan 757) to the water’s edge of Georgian Bay. This is the first time I have come across a survey in this area claiming ownership extends to the water’s edge. 3.15 (Tab 25) Plan 51R-34310 This is a survey of the Road Allowance between Concessions 6 and 7 in Lot 19 and part of Lot 18, the Road Allowance between Lots 18 and 19 in Concession 7 and part of Concession 6 and part of Pine Avenue, Reg’d. Plan 779. The plan shows finding survey monuments along these Road Allowances, and laid out Parts coinciding with wood post barricades. O.L.S. Raikes projected his alignment to the water’s edge. Several of the found monuments are attributed to MMM (Marshall, Macklin, Monaghan Limited, O.L.S.). I contacted Ronald Stewart O.L.S. for information about this survey, but he indicated that although he had been involved, he was only an assistant to David Lambden. I spoke with Mr. Lambden and he advised that records are available, but in storage, and he is having trouble accessing them, due to mobility issues. Page 12 of 66
3.16 (Tab 26) Plan 51R-35907 This is a survey of Lots 1 and 2, Reg’d. Plan 757. O.L.S. Reynolds found survey monuments for the northerly boundary of Lot 1 and the southerly boundary of Lot 5, and proportioned for the southerly boundary of Lot 2. He produced the sidelines across the ‘Beach’ area (as shown on Reg’d. Plan 757) to their intersection with the water’s edge of Georgian Bay. Part 1 on the plan overlies Part 1 on Plan 51R-10058, but extends the boundaries to Georgian Bay. 3.17 (Tab 27) Plan 51R-36379 This is a survey of Part of Lot 19, Concession 6 and part of Block A, Reg’d. Plan 757. The land in question lies between Part 1, Plan 51R-31482 and Part 1, Plan 51R-35907. The portion of Block A being dealt with was extended across the ‘Beach’ area (shown on Reg’d. Plan 757) to the water’s edge of Georgian Bay. 3.18 (Tab 28) Plan 51R-36555 This is a survey of Part of Lot 19, Concession 6. It includes Part 1, Plan 51R-4292 as well as two parcels immediately to the south. All three extend to the water’s edge of Georgian Bay, and to provide frontage for the Part 1, 51R-4292 portion, O.L.S. Reynolds bent the southerly boundary of the Road Allowance between Concessions 6 and 7 at the ‘high water mark as illustrated on Plan 51R-4292, setting the direction of the bend perpendicular to the general direction of the shoreline. The southerly boundary of Part 1, Plan 51R-4292 was set using an unspecified method, while the two parcels to the south simply had the directions for their their boundaries produced. There is no explanation of the rationale for the direction of any of these lines on the face of the plan. 3.19 (Tab 29) Plan 51R-36631 This is a survey of Part of Lot 19, Concession 6, which immediately abuts the southerly boundary of Part 3, Plan 51R-36555. Again O.L.S. Reynolds accepted found monuments and produced the sidelines to the water’s edge of Georgian Bay. 3.20 (Tab 30) Plan 51R-37764 This is a survey of Part of Lot 19, Concession 6 lying between the Road Allowance between Lots 18 and 19 and the easterly boundaries of Lots 27 through 42, Reg’d. Plan 757. It defines a significant portion of the Road Allowance boundary with numerous survey monuments. Page 13 of 66
Page 1 and 2: Report of Research, Field Investiga
Page 3 and 4: SURVEY REPORT File: 13-7508 Ontario
Page 5 and 6: • Plan and Field Notes of Survey
Page 7 and 8: • Surveyor’s Real Property Repo
Page 9 and 10: 3) Plan Review: 3.1 (Tabs 1, 2 and
Page 11 and 12: 3.3 (Tab 8) Reg’d. Plan 757 This
Page 13: Of relevance to the present survey
Page 17 and 18: 3.24 (Tab 34) Field Notes by D.W. L
Page 19 and 20: 4) Title Search Review I obtained c
Page 21 and 22: 4.5 Lots in Reg’d. Plan 779 (see
Page 23 and 24: 4.9 Abstract for Lot 8, Reg’d. Pl
Page 25 and 26: 5.2 Site Description The subject ar
Page 27 and 28: 5.4 Field Procedures All field meas
Page 29 and 30: I also reviewed several of the plan
Page 31 and 32: 5.6 Centre-line Profile of Road All
Page 33 and 34: 6) Law Review 6.1 Relevant Statute
Page 35 and 36: 1. If intended in the original surv
Page 37 and 38: 6.2 Case Law Related to Surveys und
Page 39 and 40: 6.3 Case Law Related to Riparian Bo
Page 41 and 42: 6.3.4 Re: Brew Island (Tab 10) Mere
Page 43 and 44: 6.3.6 Red Deer v. Pitt (Tabs 12 and
Page 45 and 46: ascertained. Given this result, I n
Page 47 and 48: The trial judge observed that the l
Page 49 and 50: [60] This court finds that the desc
Page 51 and 52: 6.3.11 Clarke v. Canada (Tabs 28 an
Page 53 and 54: The Application was dismissed becau
Page 55 and 56: The use of this rationale is then c
Page 57 and 58: His response follows: C Extinguishm
Page 59 and 60: At Para 34 Justice Lauwers continue
Page 61 and 62: 6.4.9 Boundaries Act File B-1232 (E
Page 63 and 64: 6.5.2 Draft Memorandum to Council o
Page 65 and 66:
Values are given monthly, and for p
Page 67:
Based on the Ellard case, the lot o
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