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AGE 10, WEDNESDAY, MAY 25, 1977, WHITBYFREREr THE EXPROPRIATIONS ACT, 1968m69 NOTICE 0F APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN THE MATTER of an application by the Corporation of The Town of Whitby for approval to expropriate certain lands in the Town of Whitby for the purpose of altering and widening the East and West sides of Brock Street North to provide for an under- pass beneath the Canadian Pacific Railway line from the intersection of Maple and Brock Streets to the Northerly limit of Lot 5, registered Plan No. 173, in the Town of Whitby. NOTICE iS HEREBY GIVEN that application has been made for approval to expropriate 1. the lands described in Schedule "A" hereto .for the purposes )f altering and widening the East and West sides of Brock Street North to provide for an underpass beneath the Canadian Pacific Railway line from the intersection of Maple and Brock Streets to the Northerly limit of Lot 5, Registered Plan No. 173, in the 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 necessary in the achievement of the objectives of the expropriating authority shall so notify the approving authority in writing, (a) in the case of a registered owner, served personally or by registered mail within thirty days after he is served with the notice, 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 registered owner, within thirty days after the first publication of the notice. The approving authority is THE CORPORATION OF THE TOWN OF WH ITBY MUNICIPAL BUILDING 575 ROSSLAND ROAD WH ITBY, ONTAR10 The expropriating authority is THE CORPORATION OF THE TOWN OF WHITBY WM. H. WAL LACE, A.M.C.T., C.M.C., CLER K-ADMINISTRATOR MUNICIPAL BUiLDING 575 ROSSLAND ROAD WHITBY, ONTAR 10. NOTES: - 1. The Expropriations Act, 1968-69 provides that, (a) where an inquiry is requested, it shall be conducted by an inquiry officer appointed by the Minister of Justice and Attorney General, (b) the inquiry off icer, M) shall give every party to the inquiry an opportunity to present evidence and argument and to examine and cross- examine witnesses, either personally or by his counsel or agent, and (ii) may recommend to the apprvingauthority that a party to the inquiry be paid a fixed amount for his costs of the inquiry not to exceed $200.00 and the approving authority may in its discretion order 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, execution creditor, a person entitled to a limited estate or interested in land, a committee of the estate of a mentally incompetent person or of a person incapable of managing his affairs, and a guardian, executor, administrator or trustee in whom land is vested; "registered 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 titles or sheriff's office, and includes a person shown as a tenant of land on the last revised assessment roll; 3. The expropriating authority, each owner who notifies the approving authority that he desires a hearing in respect of the lands intended to be expropriated and any owner added as a party by the inquiry off icer are parties to the inquiry. DATED AT WHITBY this 25th day of May, 1977. SCHEDULE "A" THE FOLLOWING ARE THE LANDS REQUIRED FOR THE ALTERING AND WIDENING OF BROCK STREET NORTH FROM THE INTERSECTIONS OF BROCK AND MAPLE STREETS TO THE NORTH LIMIT OF LOT 5, REGISTERED PLAN 173, IN THE TOWN OF WHITBY. PART 1. Part of Lots 183, 184, and 185, Perry's Plan East of Brock Street, in the Town of Whitby, designated as Part 1 on a Plan of Survey as prepared by Horton & Wallace Limited, O.L.S. being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 2. Part of Lot 182, Perry's Plan East of Brock Street, in the Town of Whitby, designated as Part 2, on"a Plan of Survey :s prepared by Horton & Wallace Limited, O.L.S., being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 3. Part of Lot 181, Perry's Plan East of Brock Street, in the Town of Whitby, designated as Part 3, on a Plan of Survey as prepared by Horton & Wallace Limited, O.L.S., being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 4. Part of Lot 180, Perry's Plan East of Brock Street, in the Town of Wh'itby, designated as Part 4, on a Plan of Survey as prepared by PART 9. Part of Lot 5, registered Plan 173, in the Town of Whitby, designated as Part 9 on a Plan of Survey as prepared by Horton & Wallace Limited, O.L.S. being project No. 10601 and singed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 10. Part of Lots 1 and 124, on register- ed Plan 173, in the Town of Whitby, designated as Part 10 on a Plan of Survey prepared by Horton & Wallace Limited, O.L.S., being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. The interest to be acquired in this property is a temporary easement or a right in the nature of an easement to enter upon, cut into, break up, fill in, and occupy the property for and during the construction of the underpass on Brock Street North. For the pur- pose of and during the construction of the underpass on Brock Street North, the property is to remain undisturbed by any work which might interfere with such con- struction, and clear of an unencumbered by buildings or structures other than those erected at the date of acquisition of the easements. Upon completion of the construction -f the underpass the surface of the property will be restored as nearly _as reasonably possible to its previous condition and the temporary easement will be extinguished or expire and the property will revert back to *the owner. P Horton & Wallace Limited, O.L.S., being project No. 10601 and signed by Bryon T. Davies, O.L.S. ' and dated the 29th day of April, 1977. PART 5. Part of Lots 178 and 179, Perry's Plan East of Brock Street, in the Town of Whitby, designated as Part 5 on a Plan of Survey as prepared by Horton & Wallace Limited, O.L.S., being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 6. Part of Lots 147, 148, 149, 150, 151, 152, 153, 154 and part of Beach Street, Perry's Plan West of Brock Street, in the Town of Whitby, designated as Part 6 on a Plan of Survey as prepared by Horton & Wallace Limited, O.L.S.,. being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 7. Part of Lots- 1, 2, and 3 on registered Plan No. 173, in the Town of Whitby, designated as, Part 7, on a Plan of Survey as prepared by Horton & Wallace, O.L.S., being project No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977. PART 8. Part of Lot 4, on registered Plan 173, designated as Part 8 on a Plan of Survey as prepared by Horton & Wallace Limited, O.L.S., being pro- ject No. 10601 and signed by Bryon T. Davies, O.L.S. and dated the 29th day of April, 1977.