1799, and Gi) pursuant to RSA 229:1, for that portion of Discontinuance Area ‘A’ for which no
layout or acceptance has been found.
9. On November 24, 1847, the Selectmen of Nashua laid out a public road that
seems likely to have been intended to relocate the location of the 1799 public road, possibly to
avoid certain wetlands and straighten out the “S” curve in the 1799 public road layout. The
Petitioner has found no evidence that the 1847 public road layout was ever constructed, opened,
or used by the public.
10. Discontinuance Area ‘B’ (as identified on the Discontinuance Plan and described
in Exhibit B) is that portion of the 1847 public road layout that crossed Lot 23. Because of
ambiguous language in the 1847 layout, the location of the 1847 layout cannot be determined
and therefore Discontinuance Area ‘B’ cannot be plotted on the Discontinuance Plan. If it had
ever been constructed, a portion of the public road built using such 1847 layout likely would
have been within the real estate now owned by the Petitioner identified as Lot 23 (defined
above), and would likely have run between Discontinuance Area ‘A’ and the eastern boundary of
Lot 23. The metes and bounds description of the 1847 public road layout is the basis for the legal
description of Discontinuance Area ‘B’ included in Exhibit B. Although the Petitioner cannot
determine the location of the 1847 public road layout and therefore cannot show its location on
the Discontinuance Plan, the Petitioner has limited the definition of Discontinuance Area ‘B’ to
those portions of the 1847 public road layout that are within the boundaries of Lot 23, Which
excludes from Discontinuance Area ‘B’ any portions of such layout that are contained in the
existing layout of Groton Road and the current paved travel lanes of Groton Road.
I1. Petitioner has found no record that any public road using the 1847 public road
layout was ever constructed. Petition also has not found any record that the State of New
Hampshire ever acquired the fee ownership of Discontinuance Area ‘B’ or any evidence that the
