through a conservation easement. As further stages of archaeological assessment are still being undertaken, there may be potential for more deeply buried archaeology to be uncovered on site. The proposed Ontario Heritage Act tool of using a Conservation Easement will allow the archaeological resource(s) to be conserved in perpetuity

Discussion:

Legal provisions:

A Heritage easement is a legal agreement between the heritage property owner and the agency that will hold the easement in perpetuity. It is provided for under Section 37 of the Ontario Heritage Act and is a separate process from the Part IV individual Heritage Designation. After consultation with its municipal heritage committee, Council may pass by-laws providing for entering into of easements or covenants with owners of the real property for the conservation of property of cultural heritage value or interest. Easement are registered on title against the real property and runs with the real property, and may be enforced by the municipality against the owner or subsequent owners of the real property.

As agreed upon with the Owner, the restrictions in the conservation easement is limited to the railway turntable feature, but it may be necessary to include other deeply buried archaeological resources if uncovered and as required by MTCS. The easement will reflect the Section 48(1) of the OHA, which requires that no person without a license (Archaeologist) shall alter the archaeological site. With proper archaeological licensing and completion of licensing reporting requirements to the satisfaction of MTCS, and after consent by the City, appropriate alterations that would not have a negative impact to the archaeological site can be made.

Origins and Description of the Railway Turntable:

325 Devonshire Road is located in the former Town of Walkerville, founded by Hiram Walker (1816-1899), the industrial entrepreneur from the United States. What is now Southwestern Ontario was inhabited by First Nations peoples, including the Ottawas. Following unsuccessful attempts to resist the French (who had settled earlier than British) newcomers, the Ottawa leader Pontiac granted lands to settlers in the vicinity of what became Walkerville. By the mid-1850s Hiram Walker had bought several farm parcels. Walkerville was a planned community, almost entirely owned by the Walker family until the early 20th century.

Hiram Walker relocated his distillery from Detroit to Canada in 1858. He prospered as he developed the first five north-south starting from First Street (also known as Kildare Road) and east-west streets, starting from Sandwich Street (now Riverside Drive). Development generally occurred systematically on north south streets from Walker Road on the east to streets further west, and southward. Ferry services, rail lines and street railways introduced by Walker spurred the growth of the distillery village further into a town with diversified businesses. The Grand Trunk Railway Western Division provided a transportation network for Walker's products. The Walker Power Building and the discovered archaeological artifact of the railway turntable had deep connections with the railway.