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Page 12, Thursday, February 3rd, 1972, WHITBY FREE PRESS CIASSIFIED ADVERTISING ?ur rvnaZ:~mia - egIl .goen ln rArRurIAitUN Ai, 3lu-DU NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN THEMATTER OF an appl ication by the Cor- poration of the Town of Whitby for approval to ex- propr iate certain easements in the Town of Whitby beingPartsof Lots 20 and 21, Broken Front Con- cession 1, and Parts of Lots I and 2, Registéred Plan 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 a p p u rtenances from the Corbett Creek Poll1 ution Control Centre. NOTI CE IS HEREBY GIVEN that application has been made for approval to expropriate: (I) The easements described in Schedule "A" h e reto for the purpose of the construction an d m aintenance of a sanitary sewer and a p p urtenances being Parts of Lots 20 and 21 , Broken Front Concession, Parts of Lots 19, 20 and 21, Concession I and Parts ofLotsl1 and2, 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 40R -598 and 40R-599 referred to in Schedul e "AI' 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 taking of 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 case of a re g i stered owner, served personally or by registered mail within thirty day s after he is served with the notice, o'r, w hen h e is se r ve d by publication, within thirty day s after the first publication of the notice; (b) in t h e case of an owner teredowner, within thirty publication of the notice. The Approving Authority is THE CORPORATION OF THE TOWN OF WHITBY MUNICIPAL BUILDING 405 DUNDAS STREET WEST WHITBY, ONTARIO. who is not a regis- days after the first The Expropriating Authority is THE CORPORATION OF THE TOWN OF WHITBY WM. H. WALLACE, A. M. C. T. ESQ., CLERK MUNICIPAL BUILDING 405 DUNDAS STREET WEST WHITBY, ONTARIO NOTES: I. that, T h e E x p ropriations Act, 1968-69 provides (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 all 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 eitherpersonally or by his counsel or agent, and (11) May re comm end 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. 00 and 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. "Ow n e r I and "Registered OwnerIl are def- ined in the Act as follows: "Owner" includes a mortgagee, tenant, exe- cutioncreditor, a person entitled to a limited estate of a mentally incompetent person or of aperson incapableof 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 the land is defined and whose name is specified in an instrument in the proper registry, land titles or sheriff's office, and i n c Iludes 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 Iands intended to be expropriated and any owner added as a party by the inquiry officer are parties to the in- quiry. T H IS NOT ICE FIRST PUBLISHED THE 27TH DAY OF JANUARY, 1972. SCHEDULE "A" EASEMENTS REQUIRED FOR THE CONSTRUC- TION AND MAINTENANCE OF A SANITARY S E W ER AND AP PUR TENANCES FROM THE CORBETT CREEK POLLUTION CONTROL CEN- TRE IN LOT 19, BROKEN FRONT CONECSSION IN T H E T O W N OF WHI TBY, FORMERLY THE TOWNSHIP OF WHITBY, TO THE SOUTHERLY L I MIT OF D UNDAS STREET EAST, AS WID- EN E D, IN LOT 19, CONCESSION 1, TOWN OF WH I TBY , FORMERLY THE TOWNSHIP OF WHITBY AND MORE PARTICULARLY DESCRI- BED AS FOLLOWS: Permanent Easements P ar t s of lots 20 and 21, Broken Front Conces- 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 17, 19, 21, 36'and 37 on a p I an deposited in the Registry Office for f o r the R e g i1stry Divis ion of the County of Ont- arlo as Plan 40R-598; Parts of lots I and 2, Registered Plan 709 in the Townof Whitby, designated as Parts 2 and 4 on a plandeposited in the Registry Office for the Reg- i s t r y Division of t h e County of Ontario as Plan 40R-599. P a r t s of lots 19, 20 and 21, Concession 1, Town of Wh i t b y, designated as Parts 6, 8and10 on a plandeposited in the Registry Office for the Reg- i s t r y Division of t h e County of Ontario as Plan 40R-599. The I i m i te d estate, right or interest to be acq- uiredin thisproperty 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 of and during the construction of the san- itary sewer and appurtenances, the property is to r e m a in undisturbed by any work which migh t in- ter fere w ith such construction. Upon completion of the construction of the sanitary sewer and ap- p u r t e n arices the surface of the property wi I be r e s tored as nearly as reasonably possible to its p r e v i ous condition and the landowner or person en t i t l ed thereto may use the surface of the land prov i ded such use does not interfere with the s e w er a n d provided notice is given to the Town of a ny work a nd t h a t s u ch work is excercised carefully. Temporary Easements Par t s of lots 20 and 21, Broken Front Concess- i o n , and par t s of lots 21, Concess ion 1, Town of W h i t by, 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. Pa r t 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- ositedin theRegistry Office for the Registry Di.v- ision of the County of Ontario as Plan 40R-599. The limitedestate, rightor 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, fill in, use and occupy the p r operty for and during the construction of a sanitary sewer and appur-ienances. For the pur- p o se of and during the construction of the sani- tary sewer and appurtenances, the property is to rem a in undisturbed by any work which might in- ter 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 theproperty will be restored as nearly as reas- onably possible to its previous condition and the temporaryeasementright or liberty will be extin- gui shed or expire and the property will revert back to the owner. whitb y storm Tickets available at door or i ~4:', damage relief fund in conjunction with the whitby chamber of commerce will sponsor a I A 'b' FEB. 5 8 P. M. HEYDENSHORE PA VILION