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Page 12, Thursday, January 27th, 1972, WHITBY FREE PRESS CIASSIFIED ADVEIMSING Lgel LeL Legl THE EXPROPRIATION ACT,1968-69 NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN THEMATTER OF an application by the Cor- poration of the Town of Whitby for approval to ex- propriate certain easements in the Town of Whi tby being Parts of Lots 20 and 21, Brdken Front Con- cession 1, and Parts of Lots I and 2, Registered P l an 709, in the Town of Whitby, formerly the Township of Whitby in the County of Ontario in the Province of Ontario, for the purpose of the con- struction and maintenance of a sanitary sewer and appurtenances from the Corbett Creek Pollution Control Centre. NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate: (1) The easements described in Schedule "A" h e reto for the purpose of the construction an d m a i ntenance of a sani tary sewer and a p p urtenances being Parts of Lots 20 and 21 , Br ok en Front Concession, Parts of Lots 19, 20 and 21, Concession I and Parts of Lots I and 2, Registered Plan 709, in the Town of Whitby, formerly the Township of Whitby, in the County ofOntario in the Pro- vince of Ontario. Pl1 an s 4OR - 5 98 and 40R-599 referred to in S c h e d u 1 e "A " may be seen in the Office of the Clerk of the Town of Whitby. Any owner of lands in respect of which notice is given w ho desires an inquiry into whether the takingof such easements is fair, sound and reas- onably necessary in the achievement of the objec- tives of the expropriating authority shall so not- ify the approving authority in writing, (a) in the c a s e of a r e 9i stered owner, served personally or by registered mail wi thin thirty d ay s after he is served with the notice, o'r, when he is serve d by publication, within thirty d a y s after the first publicat ion of the notice; (b) in the case of an owner teredowner, within thirty publication of the notice. The Approving Authority is THE CORPORATION OF THE TOWN OF WHI TBY MUNICIPAL BUILDING 405 DUNDAS STREET WEST WHI TBY , ONTARIO. who is not a regis days after the fîir The Expropriating Authority i THE CORPORATION OF THE TOWN OF WHITBY WM. H. WALLACE, A. M. C. T. ESQ., CLERK MUNICIPAL BUILDING 405 DUNDAS STREET WEST WHITBY, ONTARIO s NOTES: The Expropriations Act, 1968-69 provides that, (A) Where an Inquiry is requested, it shall be con ducted by an inquiry officer appointed by the Minister of Justice and Attorney General, (B) The Inquiry Officer, (1) Sh al1 give every party to the inquiry an op- p o r t u ni ty to present evi dence and argument and to examine and cross-examine witnesses e.ither personally or by his counsel or agent, and (il) May r e c o m m e n d to the approving authority that a party to the inquiry be paid a fixed a- mount for his costs of the inquiry not to exc- eed $200. 00and the approving authority may, in i t s d i s c r e tion, order the expropriating authority to pay such costs forthwith. 2. "0w n e r"I and "Registered Owner" are def- ined in the Act as follows: "Owner" includes a mortgagee, tenant, exe- cution creditor, a person entitled to a limited estate of a mentally incompetent person or of a person incapable of managing his affairs, and aguardian, executor, administrator or trus- tees in whom land is vested; "Registered Owner" means an owner of land whose interest in theland is defined and whose name is specified in an instrument in the proper registry, land titles or sheriff's office, and i nclI udes a person shown as a tenant of land on the last revised assessment roll; 3. Theexpropri.ating authority, each owner who notifies the approving authority that hedesires a hearing in respect of the lands intended to be expropriated and any owner added as a party by the i nq uiry officer are parties to the in- quiry. T H IS N OT ICE FIRST PUBLISHEDTHE 27TH DAY OF JANUARY, 1972. SCHEDULE "A" EASEMENTS REQUIRED FOR THE CONSTRUC- TI ON AND M AINT E NANCE OF A SANITARY S E W ER AND AP P U R TENANCES FROM THE CORBETT CREEK POLLUTION CONTROL CEN- TRE IN LOT 19, BROKEN FRONT CONECSSION IN T H E T OW N OF WHI TBY, FORMERLY THE TOWNSHIP OF WHITBY, TO THE SOUTHERLY L I M IT OF DUNDAS STREET EAST, AS WID- E N E D , IN LOT 19, CONCESSION 1, TOWN OF WHITBY, FORMERLY THETOWNSHIPOF WHITBY AND MORE PARTICULARLY DESCRI- BED AS FOLLOWS: Permanent Easements P a r t s of lots 20 and 2 1, Broken Front Çonces- s i on in the Town of Whitby, designated as Parts 1, 5 and 9 on a plan deposited in the Registry Of- f i ce for the Registry Division of the County of Ontario as Plan 40R-598; Part of lot 21, Concession 1, in the Town of W h i t b y , designated as Parts l7, 19, 21, 36 and 37 on a plan deposited in the Registry Office for for the Reg i stry Division of the County of Ont- ario as Plan 40R-598; Parts of lots I and 2, Registered Plan 709 in the Town of Whitby, designated as Parts 2 and 4 on a plandeposited in the Registry Office for the Reg- I s try Division of the County of Ontario as Plan 40R-599. Parts of lots 19, 20 and 21, Concession 1, Town of Whitby, designated asParts 6, 8and10 on a plandeposited in the Registry Office for the Reg- i stry Division of the County of Ontario as Plan 40R-599. The I i m i t e d estate, right or interest to be acq- uired in this property is a right, liberty and ease- ment i n perpetuity on and under the land to allow t h e Town t o enter upon, cut into, break up, fil in, use and occupy the property for the construc- tion of a sanitary sewer and appurtances. For the purpose ofand during the construction of the san- itary sewer and appurtenances, the property is to r e m a in undîsturbed by any work which miight in- t e r fere with such construction. Upon completion of the construction of the sanitary sewer and ap- p u r t e n ances the surface of the property wi ll be r e s tored as nearly as reasonably possible to its p r ev ious condition and the landowner or person en t i t l ed thereto may use the surface of the land pr ov i ded s uch use does not interfere with the s e w er a n d provided notice i s given to the Town of any work and tha t such work is excercised carefully. Temporary Easements P a r t s of lots 20 and 21, Broken Front Concess- i on, and parts of lots 21, Concession 1, Town of Whi tby, designated as Parts 2, 3, 4, 6. 10, 18, 20, 22 and 38 on a plan deposited in the Registry Office, for the Registry Division of the County of Ontario as Plan 40R-598. Part of lot 2, Registered Plan 709 and parts of lots 19, 20 and 21, Concession 1, Town of Whitby, designated as Parts 3, 7, 9 and Il on a plan dep- osited in the Registry Office for the Registry Div- ision of the County of Ontario as Plan 40R-599. Thelimitedestate, right or interest to be acquired in this property is a temporary easement or a right or I i b e r t y in the nature of an easement to enter up on, cut into, break up, fil1 in, use and occupy the property for and during the construction of a sanitary sewer and appurtenances. For the pur- p o s e o f and during the construction of the sani- tary sewer and appurtenances, the property is to r e ma in undisturbed by any work which might in- te r fere with such construction, and clear of and un e n c u m bered by buildings or structures other than those erected at the date of acquisition of the easement. Upon completion of the construction of the sanitary sewer and appurtenances the surface of the property will be restored as nearly as reas- on ably possible to its previous condition and the temporary easement right or 1iberty will be extin- gui shed or expire and the property will revert back to the owner. wA'hitb y storrm Tickets available at Whitby Free Press damage relief lflund Phone in conjunction with the 668-6111 or 668-9600: whitby chamber of commerce will sponsor a FEB. 5 8 P. M. HEYDENSHORE s s 1 P*w