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HomeMy WebLinkAbout92-107 . , THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92.107 being a By-law respecting the expropriation of certain land required for the widening and improvement of a portion of King Street in the Town of Newcastle WHEREAS the Town of Newcastle requires certai n land for the purpose of widening and upgrading a portion of King Street; WHEREAS the Expropriations Act, R.S.O. 1990, c.E.26, provides for the expropriation of land where its acquisition is authorized by law; . WHEREAS at its meeting on April 13, 1992, Council approved Recommendation #GPA..291-92, which provides among other things that appropriate Town officials take the necessary action to initiate and proceed with expropriation of the necessary land from the Manufacturers Life Assurance Company and other interested persons for the widening of King Street; WHEREAS Council authority is required to be given to execute certain Forms provide.d for in the Regulations made under the Expropriations Act; NOW THEREFORE THE CORPORATION OF THE TOWN OF NEWCASTLE enacts as follows: 1. lHA T the Mayor and Clerk be authorized to execute Form 1 contained in the Regulations made under the provisions of the Expropriations Act R.S.O. 1990, c.E.26 to authorize the Town of Newcastle to apply for approval to expropriate certain lands located 100 meters east of Simpson Avenue to the Main Branch of Soper Creek with left turn lanes at Meam's Avenue and at the west entrance to the Dowmanville Zoo which are more particularly described as (i) Part of Town Lots 1.4, 1S, 16 and 17, Block 0, according to e.a. Hanning's Plan of PHrt of Lot 10, Concession 1 in the Former Town of BowmanvUle now all within the limits of the Town of Newcastle, Regional Municipality of Durham and shown as Parts 1 and 2 on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 10R.3914 and (ii) Part of Town Lots 14, 15, 19 and 33, Block D, according to e.G. Hanning's Plan of Part of Lot 10, Concession 1 in the Former Town of Bowmanville all within the limits of the Town of Newcastle, Regional Municipality of Durham as Fan 1 on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (Nt). 40) as Plan 40R-14151. 2. That the Clerk is authorized to execute Form 2 provided for in the Regulations made under the provisiC)lls of the Expropriations Act to give notice of application for approval to expropriate the lands referred to in Section 1 of this By-law. BY-LAW read a first time this 13th day of April, 1992 BY-LAW read a second time this 13th day of April, 1992 BY-LAW read a third time and finally passed this 13th day of April, 1992 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92..107 being a By-law respecting the expropriation of certain land required for the widening and improvement of a portion of King Street in the Town of Newcastle WHEREAS the Town of Newcastle requires certai n land for the purpose of widening and upgrading ~ portion of King Street; WHEREAS the Expropriations Act~ R.S.O. 1990, c.E.26, provides for the expropriation of land where its acquisition is authorized by law; WHEREAS at its meeting on April 13, 1992~ Council approved Recommendation #GPA..291-92~ which provides among other things that appropriate Town officials take the necessary action to initiate and proceed with expropriation of the necessary land from the Manufacturers Life Assurance Company and other interested persons for the widening of King Street; WHEREAS Council authority is required to be given to execute certain Forms provided for in the Regulations made under the Expropriations Act; NOW TIiEREFORE THE CORPORATION OF THE TOWN OF NEWCASTLE enacts as follows: 1. mAT the Mayor and Clerk be authorized to execute Form 1 contained in the Regulations made under the provisions of the Expropriations Act R.S.O. 1990, c.E.26 to authorize the Town of Newcastle to apply for approval to expropriate certain lands located 100 meters east of Simpson Avenue to the Main Branch of Soper Creek with left turn lanes at Mearn's Avenue and at the west entrance to the Dowmanville Zoo which are more particlllarly described as (i) Part of Town Lots 14, 15, 16 and 17, Block D~ according to e.G. Hanning's Plan of Part of Lot 10, Concession 1 in the Former Town of BowmanviIle now all within the limits of the Town of Newcastle, Regional Municipality of Durham and shown as Parts 1 and 2 on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 10R.3914 and (H) Part of Town Lots 14~ 15~ 19 and 33, Block D, according to e.G. Hanning~s Plan of Part of Lot 10, Concession 1 in the Former Town of Bowmanville all within the limits of the Town of Newcastle~ Regional Municipality of Durham as Part 1 on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R.14151. 2. That the Clerk is authorized to execute Form 2 provided for in the Regulations made under the provisicms of the Expropriations Act to give notice of application for approval to expropriate the lands referred to in Section 1 of this By-law. BY -lAW read a first time this 13th day of April, 1992 BY-LAW read a second time this 13th day of April, 1992 BY -LAW read a third time and finally passed this 13th day of April, 1992 . . Form 1 THE CORPORATION OF THE TOWN OF NEWCASTLE EXPROPRIATIONS ACT APPLICATION FOR APPROVAL TO EXPROPRIATE LAND TO: THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A5 IN THE MATTER OF the proposed exproprintion of land by The Corporation of the Town of Newcastle being (i) Part of Town Lots 14, 15, 16 and 17, Block D, according to C.G. Hanning's Plan of Part of Lot 10, Concession 1 in the Former Town of Bowmanville now all within the lImits of the Town of Newcastle, Regional Municipality of Durham and shown as Parts 1 and 2 on plan of survoy of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 10R-3914 and (ii) Part of Town Lots 14, 15, 19 and 33, Block D, according to e.G. Hanning's Plan of Part of Lot 10, Concession 1 in the Former Town of B()wmanville all within the limits of the Town of Newcastle, Regional Municipality of Durham as Part 1 on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R-14151. FOR THE PURPOSE OF: Widening and upgrading of Ki.ng Street from Frank Street to 200 meters east of the Main Branch of Soper Creek with a continuous left turn lane from Simpson Avenue to Mearns Avenue and a left turn lane at the west entrance to Bowmanville Zoo. APPLICATION IS HEREBY MADE for approval to expropriate the land described as follows: Parts 1 and 2 on Reference Plan 10R-3914 deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) and Part 1 on Reference Plan 40R-14151 deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40). DATED at Newcastle this 15th day of April, 1992. . THE CORPORATION OF TIlE 1'O\VN OF NEWCASTLE /!itL4-f~~L~ ayor J'-. \t U t ...Jt I I U I e'1 1\. I 511 " U H , .2 v..,.... , .. \J""'.....f,f; Form 2 THE CORPORATION OF THE TOWN OF NEWCAS'rLE EXPROPRIATIONS ACT NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN mE MA1TER OF an application by The Corporation of the Town of Newcastle for approval to expropriate land being (i) Part of Town Lots 14, 15, 16 and 17, Block D, according to C.G. Hanning's Plan of Part of Lot 10, Concession 1 in the Former Town of Bowmanville now all within the limits of the Town of Newcastle, Regional Municipality of Durham and shown as Parts 1 and 2 on plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No, 40) as Plan 10R-3914 and (ii) Part of Town Lots 14, 15, 19 and 33, Block D. according to C.G. Hanning's 'Plan of Part of Lot 10, Concession 1 in the Former Town of Bowmanville all within the limits of the Town of Newcastle, Regional Municipality of Durham as Part 1 em plan of survey of record de.posited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R-14151.. FOR THE PURPOSE OF: Widening and upgrading King Street from Frank Street to 200 meters east of the Main Branch of Soper Creek with a continuous left turn lane from Simpson Avenue to Mearns Avenue and a left turn lane at the west entrance to Bowmanville Zoo. NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate the land described as follows: Parts 1 and 2 on Reference Plan 10R-3914 deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) and Part 1 on Reference Plan 40R..14151 deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40). 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 per!\onally or by registered mail within thirty days after he is served with the notice. or, when he is served by 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: TIlE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE S'IREET BOWMANVILLE, ONTARIO L1C 3A5 , " THE CORPORATION OF THE TOWN OF NEWCASTLE Patti L. Barrie. A.M.C.T. Clerk .. .. 2 .. NOTES: 1. The Expropriations Act provides that, (a) where an inquiry is requested, it shan be conducted by an inquiry officer appointed by the Attorney General; (b) the inquiry officer, (i) 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 counselor agent, and (ii) may recommend to the approving authority 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. l'owner" and "registered ownerll are defined in the Act as follows: l'owner" includes a mortgagee, tenant, execution 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 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 land registry or sheriffs 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 officer are parties to the inquiry. This notice first published on the 15th day of Aprtl, 1992. "