WHITBY FREE PRESS, Thursday, November 18th, 1971, Page 13 --Legal THE EXPROPRIATIONS ACT, 1968-69 NOTICE OF APPICATION FOR APPROVAL TO EXPROPRIATE LAND IN THEMATTERof an applicationby THE COR- PORAT ION OF THE TOWN OF WHITBY for ap- proval toexpropriate alimited interest in lands being the free uninterrupted and unobstructed right and easement to construct, operate and maintain a sanitary trunk sewer in, under and across the lands being Part of Lot 18, Broken Front Concession, Town of Whitby, and Part of Lot 18, Concession 1, formerly Township of Whitby, now in the Town of Whitby, in the County ofOntario. Together with the right of the Cor- p o r a t ion, its successors and assigns and its and their servants, agents and workmen with all necessary equipment to enter upon the said landsat all times and to pass and repass there- on for the purpose of constructing, examining repairing, renewing and maintaining the said sanitary trunk sewer or any part of the sewer sy stem of the Town of Whitby whether or no t the the part to be so constructed, repaired, re- newed or main tained by si tuate on the lands abovedescribed. And together with the further right to restrict or prevent the erection of any building or structure upon any part of the said lands. NOT IC E IS HEREBY GIVEN that application has been made for approval to expropriate a limited interest in the land described as follows: Name of Owner Location of Property- Description George G. Haas West of east Town Limits north of C.N.R. right of way Pt. Lot 18, B. F. Conc. , Whitby Olga Haas West of east Town limits Pt. Lot 18, B. F. nor th of C. N. R. ri ght of way Conc. , Whitby. Harold R. Stark West of east Town limits Pt. Lot 18, Samuel Miller James Miller Carl Wilson Doris Wilson north of Hwy. 401 Conc. I Whitby West of east Town limits Pt. Lot 18, north of Hwy. 401 Conc. I Whitby West of east Town limits north of Hwy. 401 West of east Town limits north of Hwy. 401 West of east Town limits north of Hwy. 401 Pt. Lot 18, Conc. I Whitby Pt. Lot 18, Conc. I Whitby Pt. Lot 18, Conc. I Whitby Bell Telephone West of east Town Pt. Lot 18, Co. of Canada limits north of Hwy. 401 Conc. I Whitby Estate of Frank Beatrice Farew Bessie Madeline Farewel I William Sack Stella Sack le West of east Town limits Pt. Lot 18, ell south of C. P. R. Conc. I Whitby West of east Town limits Pt.Lot 18, south of C.P.R. Conc. I Whitby West of east Town 1imits Pt. Lot 18, south of C. P. R. Conc. I Whitby West of east Town limits south of C. P. R. Bell Telephone West of east Town limits Co. of Canada south of C. P. R. Pt. Lot 18, Conc. i Whitby Pt. Lot 18, Conc. I Whitby The 1 a n d s a r e s hown outlined by a heavy 1 ine on Plans of Survey prepared by Donevan & Fleis- c h m ann Co. L td. , dated Apr il 7, 1971 and bearl1ng J o b N um b e r 20155 and dated October 1, 1971 and bearing Job Number 20970 respectively. The Plans of Survey may be seen in the office of the Clerk, Town of Whitby. Any owner of lands in respect of which notice is given who desires an inquiry into whether the tak ing of such land is fair, sound and reasonably necess- ary in the achievement of the objectives of the expro- .priating authority shall so notify the approving auth- ority in writing, (a) in th e case of a registered owner, served personally or by registered mail within thirty day s after he is served with the notice, or, whenhe is served by publication, within thirty days after the f.irst publication of the notice; (b) in the case of an owner who is not a regis- tered owner, within thirty days after the first publication of the notice. The approving authority is The Council of the Corporation of the Town of Whitby, 405 Dundas Street West, WHITBY, Ontario. THE CORPORATION OF THE TOWN OF WHITBY William H. Wallace, Clerk. NOTES: . The Expropriations Act, 1968-69 provides that, (a) w here an inquiry is requested, it shall be c o n d u c ted by an inquiry officer appointed by the Minister of Justice and Attorney General; (b) the inquiry officer (i) shall give every party to the inquiry an op- portuoity topresent evidence and argument and to examine and cross-examine wi tnesses, ei ther personally or by his counsel or agent, and CLASSIFIED ADVERTISING- (l1) m ay recommend to the approving authority that a party to the inquiry be paid a fixed am- ount for his costs of the inquiry not to exceed $200 and the app r ovi ng authority may in its discretion order the expropriating authori ty to pay such costs forthwith. 2. "Owner " and "registered owner1I are defined in the Act as follows: IOwner 0 includes a mortgagee, tenant, exec- ut i on, creditor, a person entitled to a iimited estate or interest in land, a committee of the estateof a mentally incompetent person or of a person incapable of managing his affairs, and aguardian, executor, administrator or trustee in whom the land Is vested; "r e g i ste red owner " means an owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper registry, land titlesor sheriff's office, and in- clu de s a per son shown as a tenant of land on the last revised assessment roll; 3. The expropriating authority, each owner who n a t i f les the approving authority that he desire.s a h e a r icg in respect of the lands intended to be ex- p r o p riated and any owner added as a party by the inquiry officer are parties to the inquiry. TH IS NOTICE FIRST PUBLISHED ON THE 4TH DAY OF NOVEMBER, 1971. THE EXPROPRIATION ACT, 1968-69 NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN THE MATTER OF an application by the Cor- poration of The Town of Whitby for approval to ex- propriate certain lands in the Town of Whitby for the purpose of ai tering and wi dening the North and South sides of Dundas Street West to provide a four lane roadway from the intersection of Brock and Duridas Streets to the Easterly ilimi t of Lot 32, Concession I and 2, in the Town of Whitby (formerly the Town- ship of Whitby) and the re-construction of the bridge on Dundas Street West over Lynde Creek in conjun- ction with the said al tering and widening of Dundas Street West. NOTI C E IS HEREBY GIVEN that application has been made for approval to expropriate. i. the lands described in Scheduie "A" hereto f or the pur pose of aitering and widening the North and South sidesof Dundas Street West to providefor a four lane roadway from the inter- s e c t ion of'Brock and Dundas Street s to the E a s terly limit of Lot 32, Concession i and 2, i n the Town of Whitby (formerly the Township of Whitby)and the re-construction of the bridge on Dundas Street West over Lynde Creek in conjunctionwith the said altering and widening of Dundas Street West. Arny owner of lands in respect of which notice is given who desires an inquiry into whether the tak- ing of such land is fair, soundand reasonably nec- essary in the achievement of the objectives of the expropriating authority shall sonotify the approving authority in writing, (a) in the case of a registered owner, served personally or by registered mail within thirty daysafterhe isservedwith thenotice, or, when he is served by publication, within thirty days after the first publication of the notice; (b> in the case of an owner who is not a regis- tered owner, wi thin thirty days after the first publication of the notice. The approving authority is THE CORPORATION 0F THE TOWN 0F WHi TBY MUNICIPAL BUILDING, 405 DUNDAS STREET W EST, WHITBY, ONTARIO. The expropriating authority is THE CORPORATION OF TH-E TOWN 0F WHITBY WM. H. WALLACE, A. M. C. T., ESQ. , CLERK, MUNICIPAL BUILDING, 405 DUNDAS STREET WEST, WHITBY, ONTARIO. NOTES: ~1I~I 1. The Expropriations Act, 1968-69 provides that, (a) w h e re an inquiry is requested, it shall be conducted by an inquiry officer appointed by the Minister of Justice and Attorney General. (b) the inquiry officer, (1) shall giveevery party to the inquiry an op- portunity topresent evidence and argument and to exarnine and cross-examinewitnesses, either personally or by his counsel or agent, and Le'a (il) may recommend to the approving authority that a party to the inquiry be paid a fixed am- ount for his costs of the inquiry not to exceed $200. 00and the approving authority may in its discretionorder the expropriating authority to pay such costs forthwith. 2. "Owner " and "registered owner" are defined in the Act as follows: "owner" includes a mortgagee, tenant, execu- tioncreditor, aperson entitîed to a iimited es- tateor interest in land, a committee of the es- ta te of a mentally incompetent person or of a person incapable of managing his affairs, and a g u a rdian, executor, administrator or trus- tee in whom land is vested; "r e g i ste red owner " means an owner of land whose interest in the land is defined and whose name isspecifiedinan Instrument in the proper registry, land titles or sheriff's office, and in- cludes a per son shown as a tenant of land on the last revised assessment roll; 3. Th e e xpropriating authority, each owner who no t i f ies the approving authority that he desires a he ar ing in respect of the lands intended to be ex- p r op riated and any owner added as a party by the inquiry are parties to the inquiry. This notice first published the 4th day of November 1971. SCHEDULE "A" LANDS REQU IRED FOR THE ALTERING AND W iDE N IN G OF DLNDAS STREET WEST FROM T H E I N T ERSECTION OF BROCK AND DUNDAS S T R E E T S T OTHE EASTERLY LIMIT OF LOT 32, CONCESSION IAND 2, IN THE TOWNOF WH ITBY (F O RMERLY THEETOWNSHIP OF WHITBY) TO PROVIDE A FOUR LANE ROADWAY AND THE RE-CONSTRUCTION OF THE BRIDGE ON DUNDAS STREET WEST OVER LYNDE CREEK IN CONJUNCT ION W ITH THE SAID ALTERING AND W IDENING OF DUNDAS STREET WEST AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Part ofLot 1, KentsPlan, in the Town of Whitby designated as Part 10on a Plan deposited in the RegistryOffice for the Registry Division of the County of Ontario as Plan 40R-508. Par t of Block E, Kerr's Plan, designated as Part 15 on a Plan deposited in the Registry Office for the Registry Division of the County of Ontario as Plan 40R-508. P a r t o f Lot 28, Concession 2, designated as Part il on a Plan deposited in the Registry Of- fice for the Registry Division of the County of Ontario as Plan 40R-508. Partof Lot 2, Annes Plan, designated as Part 51I, on a Plan deposited in the Registry Office for the Registry Division of the County of Ont- ario as Plan 40R-509. Parts of Lots 1, 2, 7, 53, 74, 75, and 76, Fare- well, Wallace andKeller's Plan, designated as Parts 15,16, 19, 22 and 31 on a Plan deposited in the RegistryOffice for the Registry Division of the County of Ontario as Plan 40R-509. PartofLot 53, Farewell, Wallace and Keller's Plan, designated=asPart23On a Plan deposited in the Regi str y Office for the Regi stery Divis ion of the County of Ontario as Plan 40R-509. The i n t e r e s t ta be acquired in this proper ty is a temporary easement or a right in the nature of an easement ta enter upon, cut into, break up, fiuI in, use and occupy the proper ty for and dur- ing the construction of the widening of Dundas Street West the property .is ta remain undis- turbed by any work which might interfere with such construction, and clear of and unencum- b e r e d by b u i i dings or struc tures other than t h ose erec ted at the date of acqui si tion of the easement. Upon completion of the construiction of the widening the surface cf the property will be re stored as nearly as reasonably possible ta i ts previous condition and the tempor ary ease- m en t wi Il b e extinguished or expire and the property will revert back ta the owner. Parts of Lots 29, 30, and 31, Concession I des- ig n a t ed as Parts 25, 27, 30, 31, 40, 47 on a Plan deposited in the Registry Office for the Reg istry Division of the County of Ontario as Plan 40R-509. Parts of Lots 29 and 31, Concession 2, desig- nated as Parts 8,l10,1i,l13, 14 and 24 on a Plan deposi ted in the Registry Office for the Regis- try D i v i sion of the County of Ontario as Plan 40R-509. I?»Intbp freeon ...... . . .. .1 1