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WHITBY FREE PRESS, Thursday, November 1Ilth, 1971,# Page 1 Legl - CLA SSIF lED ADVE RTISING - LegalI I~~~~~~~~~~~~ ~~~~ M__________________________0___________ THE EXPROPRIATIONS ACT, 1968-69 NOTICE 0F APPLICATION FOR APPROVAL TO EXP9OPRIATE LAND IN THE MATTERaof an appi cation by THE COR- PORAT ION 0F THE TOWN 0F WHI1TBY for ap- provai taexpropriate al Imited interest ln lands being' the free uninterrupted and unobstructed right and easement ta construct, aperate and maintain a sanltary 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, naw ln the Tawn of Whitby, in the County of Ontario. Together wi th the right of the Cor- p o ra tIon, its successors and asslgns and its and their servant s, agents and workmen with ail necessary equipment ta enter upon the sald 1Iands at al1 times and ta pass and repass there- on for the purpose of constructing, examining repairing, renewing and maintaining the sald sanitary trunk sewer or any part of the sewer systemof the TownafWhitby whether or not the the part ta be 50 constructed, repaired, re- newed or mai n tained by situate on the lands abovedescrlbed. And together with the further right ta restrict or prevent the erection of any building or structure upon any part of the said 1iands. NOT ICE IS HEREBY GIVEN that application has b een made f or approvai tao expropriate a 1iimited interest in the land described as follows: Name of Owner Location of Propert Description George G. Haas West of Limits C. N. R. Pt. Lot l8, B. F. Conc., Whitby Olga Haas West of east Town limits Pt. Lot 18, B. F. 1 ~nor th of C. N. R. ri ght of way Conc. , Wh itby. Harold R. Stark West of east Town limits Pt.Lot 18, Samuel Miller James Ml ler 'Carl Wilson Doris Wilson nor th ofHwy. 401 Conc. I Whitby West of east Town Ilmits PL.Lot 18, north of Hwy. 401 Conc. 1 Whitby West of east Town limits north of Hwy. 401 West of east Town limits north of Hwy. 401 West o4 east Town 1limI4s north of Hwy. 401 Pt. Lot 18, Canc. 1 Whitby Pt. Lot 18, Conc. I Whitby Pt. Lot t8B, Conc. I Whitby Bell Telephome West of east Town Pt. Lot 18,' Co. of Canada limits north of Hwy. 401 Caria. I Whitby Estate of Frankîe Ebeêtrtce FarewellI Des sie Madel Ine Farewvel11 William Sack W' BOL Stel la Sack We SOU' ,st of east Town limnits uth of C. P. R. est of east Town limits uth of C. P. R. Bell Telephone West of east Town limits Ca. of Canada sauth of C. P.R. Pt. Lot 18, 1 Conc. I Whitbyl Thela n ds a re s hown out ined by aheavyl1ine oh~ Plans of Survey prepared by Donevan & Fleis- c hm ann Ca. L td. , dated April1 7, 1971 and bear ing J ob N u m ber 2055 and dated October 1, 1971 and bearîng Job Number 20970 respectively. The Plans of Survey may be seen in the office of the Clerk, Tawn of Whitby. An y o w ner of lands in respect of which notice is given who desires an inquiry inta whether the taking of such land is fair, sound and reasonably necess- ary in the achievement of the objectives of the expro- pri ating author ity shai I sa nati fy the approvi ng au th- ority in writing, (a) in the case of a reglstered awner, served personally or by registered mail within thirty day s after he is se r ved wi th 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 CounctilOf the Corporation o1fthe Town of Wh1 itby pd 403 Oundae Street West, wHIT83Y, Ontario. TrHE CORPORATION 0F TH-E TOWN OF WHI113Y Williaml-H. Wallace, Clerk. NOTES: 1.The Expropriations Act, 1968-69 provides that, (a) w h ere an inquiry is requested, it shah be con-au cà.. - oéan ik-, - y uil ---pporiu u the Minister of Justice and Attorney General; (b) the inquiry officer (i) shahl give every party ta the inquiry an op- portuoity tapresent evidence and argument and to examine and cross-examine wi tnesses, ei ther personally or by his counsel or agent, and (Il) May recamm end ta the approvIng au thority that a party ta the inqulry be pald a fixed amn- ount for Nis costs of the inquiry flot ta exceed $200 and the approvi ng autharlty May In its discretianorder the expropriatIng authority ta pay such casts forthwith. 2. IQwnerIl and "Iregistered owner"' are def ined In the Act as follaws: "Owner" includles a mortgagee, tenant, exec- ut ion, creditor, a persan eniti tled to a 1Iimited estate or interest ln land, a cammittee of the estateaf'a mentally Incompetent persan or of a person Incapable of managing his affairs, and a guardian, e>ecutor, admini strator or trustee in whorm the land is vested; 'Ire gi s tle red owner I means an owner of lanid whose interest ln the land is defined and whase name is specified in an instrument ln the proper registry, land titlesor sheriff's office, and in- cl1u de sa per son shawn as a tenant of land on the iast revised assessment roll; 3. The expropriating autharity, each owner who notifiles the approving authority that he desires a h e a r IpgIn respect of the lands Intended ta be ex- p raop riated and any owner added as a party by the inqulry officer are parties ta the inquiry. 1H 1IS NOTICE FIRSI PUBLISHED ON THE 4TH DAY OFENOVEMBER, 1971. THE EXPROPRIATION ACT, 1968-69 NOTICE 0F APPLICATION FOR APPROVAI TO EXPROPRIATE LAND IN THE MATTER 0F an application by the Cor- poration of The Town af Whitby for appraval ta ex- prapriate certain lands in the Town of Whitby for the purpose of al tering and wi dening the North and South sides of Dundas Street West to provide a four lane roadway from the Intersection of EBrock and Duridas Streets to the Easteriy 1limit of Lot 32, Concession I end 2, ln the Town of Whitby (formerly the Town- shipof Whitby) and the re-construction of the bridge on Dundas Street Westlover Lynde Cree l n conjun- ction with the said ai tering and wvidening of Dundas Street West. NO TiC E IS HEREBY GIVEN that application has been made for approval ta expropriate. 1. the lands described ln Schedule "1A" herelo f or the purpose of aterinq ad wdfi9th~e North, and South sides of Duridas Stiýeet West to providofore four lame roadway fram the Inter- se c tlon ofBrock<and Duidas Streets to the E a s terty $ImJlt of Loi 32, Concession I and 2, n the Town of Whitby (fcrmerly the Township of Whltby> and the re-construction of th-e Ibridge on D u n d a s Street West over Lynde Creek ln conjunctionwith the said altering and widening of Dundas Street West. Any 0w ner of lands in respect of whlch notice is given wha des ires an inquiry inta, whether the tak- ing of such land is fair, soundand reasonably nec- essary in the achievement of the objectives af the expropr i ating authori ty shali1 so nat ify the approving authority In writing, (a) in the case of a registered owner, served personally or by registered mail within thirty days afterhe is servedwi th the notice, or, when he is served by publication, wNithin thirty days publication*- of the f notice.#- 405 DUJAS STREET WEST,# WHITBY, ONTARIO. NOTES: 1.The Expropriations Act, 1968-69 provides that, (a) w he re an linquilry i s requested, i t shal be conductedby an inquiry off icer appointed by the Min ister of Justice and Attorney General. (b> the inquiry officer, (il) may recommend ta the approving authority that a party ta the inquiry be paid a fixed arn- ount for his costs of the inquiry not ta exceed $*200. 0and the approving authority may in 1its discretionorder the expropriating autharity to pay such costs farthwith. 2. "lOwner"land "Iregistered owner"f are defined in the Act as follows: Ilwei includes a mortgagee, tenant, execu- tioncreditor, apersan entitled to a Iimited es- tateor interest ln Iand, a committee of the es- ta te of a mentally incompetent persan or of a persan Incapable of managing his affairs, arld ag u a rdian, executor, administrator or trus- tee ln whom land is vested; 'I eg i s te red owner" means an awner of land whose interest in the land is defined and whose name 1isspecifi1ed i nan Instrument ln the proper registry, land titlesarsheriff's office, and in- cl1udes aper son shown as a tenant'of 1land on the last revised assessment roll; 3. T h e e x propri ating authari ty, each owner who n oti1files the appraving authori ty that he desi res a h e a r ing in respect of the lands intended ta, be ex- p r op riated and any owner added as a par ty by the inquiry are parties ta, the inquiry. This notice first published the 4th day of November 1971. SCHEDULE "A"$ L AND S RE QUI1RED FOR THE ALTERING AND W10DE N 1N G 0F DUNDAS STREET WEST FROM T HE 1IN TERSECTION 0F BROCK AND IDUNDAS STREETS TO THE EASTERLY LIMIT 0F LOT 32, CONCESSIONI1AND 2, IN THE TOWN OF WHITBY (FORMERLY THETOWNSHIPOF WHITBY> TO PROVIDE A FOUR LANE ROADWAY AND THE RE-CONSTRUCTION 0F THE BRIDGE ON DUNDAS STREET WEST OVERLYNDE CREEK IN CONJUINCTION WITH1H E SAID ALTERING AND W IDENING 0F DUNDAS STR.EET WEST AND MORE PARTICULARLY DESCR IBEC) AS POLLOW S: Part of Lotl1, Kents Plan, in the Town of Whi tby deslgnatedasPart lOon a Plan deposited in the ReglstryOffice for the Registry Division of the County of Ontario as Plan 40R-508. Par t of Blockc E, Kerr' s Plan, designated as P ar t 15 on a Plan deposlted ln the Registry~ OffIce for the Reglstry Division of OTe County of Ontario as Plan 40R-508. Part of Lot 20, Concession 2., deeignated as Part Il on a Plan ctePoslted ln theRéegistry Of- fice for the Registry Division of the County of Ontario as Plan 40R-508. Partof Lo6t 2, Annes Plan, designated as Part 51 , on a Plan deposited in the Registry Office for the Registry Division of the County of Ont- aria as Plan 40R-509. Parts of L ots 1, 2, 7,53, 74, 75, and 76, Fare- well, Walace andKeller'5 Plan, designated as Parts 15,16, 19, 22 and 31 an a Plan deposited in the Registry Office for the Registry [Division of the County of Ontario as Plan 40R-509. Part of Lot 53, Farewell1, Wal 1ace and KelIler'Is Pan, designate.4--*dasar2f-l%a=Plan epoitedýC Parts of Lots 29, 30, and 31, Concession l'des- 1lgn a ted.as Parts 25, 27, 30, 31, 40, 47 an a Pl1a n d eposited ln the Regi stry Offi ce 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 Parts8,l10,11, 13,,14and 24on aPlan deposi ted in the Registry Office for the Regis- try D i v i sian of the County of Ontario as Plan 40R-509. (i) shal1 give every party ta 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 east Town north of right of way West of east Town fImIts Pt. Lot 18# South of C. P.R. Conc. lw hl1tbý West of east Town lîmnits Pt. Lot 18, South ofC. P.R. Conc. 1 Whlitb>y Pt. Lot Conc. 1 Pt. Lot Conc. I 18 p Whi tby 18, Whi tby m a