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I I - Legal I George G. Haas West of Limits C. N. R. east Town north of right of way Pt. Lot 18, B.F. Conc. , Whitby Olga Haas West of east Town limits Pt. Lot 18, B. F. north of C. N. R. right of way Conc. , Whitby Harold R. Stark West of east Town limits Pt.Lot 18, Samuel Miller James Miller Carl Wilson Doris Wilson nor th 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 Frankie Beatrice Farewell Bessie Madeline Farewell William Sack WE so Stella Sack We sou Bell Telephone W Co. of Canada s West of east Town limits south of C. P. R. West of east Town limits south of C. P. R. est of east Town limits uth of C. P. R. Pt. Lot 18, Conc. I Whitby Pt. Lot 18, Conc. I Whitby Pt. Lot 18, Conc. I Whitby est of east Town limits Pt. Lot 18, uth of C. P. R. Conc. 1 Whitby Vest of east Town limits Pt. Lot 18, outh of C.P,R. Conc. I Whitby The 1lan d s a r e s hown outlined by a heavy 1ine on Plans of Survey prepared by Donevan & Fleis- chmann Co. Ltd. , dated April 7, 1971 and bearing J o b N um b e r 20155 and dated October 1, 1971 and bearing Job Number 20970 respectively. The Plans of Survey ma y 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 taking of such land is fair, sound and reasonably necess- ary in the achievement of the objectives of the expro- priating authority shall sonotify the approving auth- ority in writing, (a) in the 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 first 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 WHITEBY William H. Wallace, Clerk. NOTES: . The Expropriations Act, 1968-69 provides that, (a) w h e re an inquiry is requested, it shal be c o n d u c ted by an inquiry offi cer appointed by the Minister of Justice and Attorney General; (b) the inquiry officer (i) shal give every party to the inquiry an op- portunity topresent evidence and argument and to examine and cross-examine wi tnesses, ei ther personally or by his counsel or agent, and -I THE EXPROPRIATIONS 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 ap- provai 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 Whltby, now in the Town ofWhitby, in the County ofOntario. Together wi th the right of the Cor- po 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 Iands at 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 system of the Town of Whitby whether or not the the part to be so constructed, repaired, re- newed or m alintained by situate 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. NOTICE IS HEREBY GIVEN that application has b e en made fo r approval to expropriate a 1lmited interest in the land described as follows: Name of Owner Location of Property Description 405 DUNO AS STREE T W EST, WHITBY, ONTARIO. NOTES: . The Expropriations Act, 1968-69 provides that, (a) w h e re an inquiry is requested, it shaîli be conducted by an inquiry officer appointed by the Minister of Justice and Attorney General. (b) the inquiry officer, (i) shall giveevery party to the inquiry an op- portunity to present evidence and argument and to examine and cross-examine wi tnesses, either personally or by his counsel or agent, and CLASSIFIÉD ADV.ÉRTISING - uom ............ . . .. . .. . (ii) m a y recommend to the approvlng 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 ap p rovi n g authority may in its discretionorder the expropriating authority to pay such costs forthwith. 2. "Ownerl" and "registered owner" are defined in the Act as follows: "Owner" includes a mortgagee, tenant, exec- ut i on, creditor, a person entitled to a limited estate or interest in land, a committee of the estate of 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 s t e r ed 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- cl1 u de s a person shown as a tenant of land on the last revised assessment roll; 3. The expropriating authority, each owner who no t i fles the approving authority that he desires a h e a r irg in respect of the lands intended to be ex- pr op 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 INTHE 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 alter ing and wi dening the Nor th and Sou th sides of Dundas Street West to provide a four lane roadway from the intersection of Brock and Duridas Streetsto the Easterly limit 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 altering and widening of Dundas Street West. NO T IC E IS HEREBY GIVEN that application has been made for approval to expropriate. 1. the lands described in Schedule "A" hereto f or the pu r pose of altering and widening the North and South sidesof Dundas Street West to provideforafour lane roadway from the inter- secti on of'Brock and Dundas Streets 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 D un d as Street West over Lynde Creek in conjunctionwith the said altering and widening of Dundas Street West. Any ow n e r 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 authori ty shall so not ify the approving authority in writing, (a) in the case of a registered owner, served personally or by registered mail within thirty day s after he is served wi th the not ice, 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 thir ty days after the fir st publication of the notice. The approving authority is THE CORPORATION 0F THE TOWN 0F WHI TBY MUNICIPAL BUILDING, 405 DUNDAS STREET WEST, WHITBY, ONTARIO. The expropriating authority is THE CORPORATION 0F TH-E TOWN 0F WH ITBY WM. H. WALLACE, A. M.C. T.., ESQ. , CLERK, MUNICIPAL BUILDING, 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 PI an d eposited in the Registry Office for the Re g istry Division of the County of Ontario as Plan 40R-509. Parts of Lots 29 and 31, Concession 2, desig- nated as Parts 8,10,ll,13, 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. » itbp free jJre WHITBY FREE PRESS, Thursday, November 4th, 1971, Page 13 .. . . . . (i) 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. 00 and the approving authority may in 1ts discretionorder the expropriating authority to pay such costs forthwith. 2. IOwnerI and "regi stered owner i are defined in the Act as follows: "owner " includes a mortgagee, tenant, execu- tion creditor, aperson entitled to a limited es- tateor Interest in land, a committee of the es- t a te of a mentally incompetent person or of a person incapable of managing his affairs, and a guardian, executor, administrator or trus- tee in whom land is vested; "r e g i ste red ownerl" 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 titles or sheriff's office, and in- cl udes a person shown as a tenant of land on the last revised assessment roll; 3. The expropriating authority, each owner who n o t i f les the approving authority that he desires a h e ar ing in respect of the lands intended to be ex- pr 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 ALTERINGAND W ID EN 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 TO THE EASTERLY LIMIT OF LOT 32, CONCESSION IAND 2, IN THE TOWNOF WHITBY (FORMERLY THE TOWNSHIP OF WHITBY) TO PROVIDE A FOUR LANE ROADWAY AND THE RE-CONSTRUCTION OF THE BRIDGE ON DUNDAS S TR EET WEST OVER LYNDE CR EEK IN CONJUNCT ION W ITH TH E SAID ALTERING AND W IDENING OF DUNDAS STREET W EST AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Part of Lotl1, Kents Plan, in the Town of Whitby designated as Part 10 on a Plan deposited in the RegistryOffice for the Registry Division of the County of Ontario as Plan 40R-508. Part of Block E, Kerris Plan, designated as Part 15 ona 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 11 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 5 I , 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 Registry Office for the Registry Division of the County of Ontario as Plan 40R-509. Part of Lot 53, Farewell, Wallace and Keller's Plan, designatedasPart123on a Plan deposited in the Registr yOffice for the Registery Division of the Caunty of Ontario as Plan 40R-509. The i n t e r e s t ta be acquired in this property is a temporary easement or a right in the nature of an easement ta enter upon, cut into, break up, filIl 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 structures other than t h ose erected at the date of acquisition of the = easement. Upon completion of the construction of the widening the surface of the property will be r e s tored as nearly as reasonably possible to its previous condi tion and the tempor ary ease- m en t w i Il b eextinguished or expire and the property will revert back ta the ownèr. 7-- 7 ........... 1 AL- MMMi a