Notice To Expropriate Land
FORM 2
EXPROPRIATIONS ACT
NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND
IN THE MATTER OF an application by THE REGIONAL MUNICIPALITY OF WATERLOO for approval to expropriate land, which is required for the construction of road improvements on Homer Watson Boulevard (Regional Road 28) from Conestoga College Boulevard to Manitou Drive (Regional Road 69) in the City of Kitchener, in the Regional Municipality of Waterloo.
NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate the land described as follows:
Fee Simple Partial Taking:
1. Part of Lot 1, Registrar’s Compiled Plan 1489, being Part 11 on 58R-20050 (Part of PIN 22617-0064 (LT)) (529 Manitou Drive, City of Kitchener);
2. Part of Lot 32, Registrar’s Compiled Plan 1489, being Part 1 on 58R-20050 (Part of PIN 22617-0142 (LT)) (535 Manitou Drive, vacant land, City of Kitchener);
3. Part of Lot 7, Registrar’s Compiled Plan 1521, being Parts 1 and 2 on 58R-20051 (Part of PIN 22731-0027 (LT)) (530 Manitou Drive, City of Kitchener);
Permanent Easement – Hydro Anchor:
The right and easement, being an easement in gross, for itself, its successors and assigns and anyone authorized by it, in perpetuity to, at any time enter upon the following properties for purposes of constructing, laying down, installing, inspecting, repairing, altering, enlarging, replacing, correcting, operating, and maintaining hydro installations and infrastructure, both under ground and overhead, including cables, pipes, conduits of all kinds, all necessary poles, supporting wires and braces and other equipment and appurtenances thereto, herein referred to as the utility plant, which may be determined necessary from time to time through, over, upon, along and across the lands, and for all such purposes the free, unimpeded and unobstructed access for itself, its successors and assigns, servants, agents, contractors, workers and anyone authorized by it, and vehicles , supplies and equipment at all times and for all purposes and things necessary for or incidental to the exercise and enjoyment of the right and easement:
4. Part of Lot 7, Registrar’s Compiled Plan 1521, being Part 5 on 58R-20051 (Part of PIN 22731-0027 (LT)) (530 Manitou Drive, City of Kitchener);
Permanent Easement – Retaining Wall Maintenance:
The right and easement, being an easement in gross, for itself, its successors and assigns and anyone authorized by it, in perpetuity to, at any time enter upon the following properties for purposes of constructing, installing, maintaining, inspecting, altering, moving, replacing, reconstructing, enlarging and repairing, as applicable, a retaining wall, noise barrier and/or fence, through, over, upon, along and across the lands, and for all such purposes together with the free, unimpeded and unobstructed access for itself, its successors and assigns, servants, agents, contractors, workers, and anyone authorized by it, and vehicles, supplies and equipment at all times and for all purposes and things necessary for or incidental to the exercise and enjoyment of the right and easement:
5. Part of Lot 7, Registrar’s Compiled Plan 1521, being Part 6 on 58R-20051 (Part of PIN 22731-0027 (LT)) (530 Manitou Drive, City of Kitchener);
Temporary Easement – Grading:
The right and easement, being a temporary easement in gross, for the free and unobstructed, right, interest and easement terminating on the 31st day of December, 2021, for itself, its successors and assigns, and anyone authorized by it, on, over, under and through the following properties for the purposes of excavation, construction, installation, replacement, alteration, grading, and landscaping as required in connection with the construction of the road improvements, and all related improvements, and works ancillary thereto and for such purposes, the free, unimpeded and unobstructed access to the lands at all times by employees, agents, contractors, workers and anyone authorized by it, and vehicles, supplies and equipment at all times and for all purposes and things necessary for or incidental to the exercise and enjoyment of the right and easement:
6. Part of Lot 1, Registrar’s Compiled Plan 1489, being Part 10 on 58R-20050 (Part of PIN 22617-0064 (LT)) (529 Manitou Drive, City of Kitchener);
7. Part of Lot 32, Registrar’s Compiled Plan 1489, being Part 2 on 58R-20050 (Part of PIN 22617-0142 (LT)) (535 Manitou Drive, vacant land, City of Kitchener);
8. Part of Lot 7, Registrar’s Compiled Plan 1521, being Parts 3 and 4 on 58R-20051 (Part of PIN 22731-0027 (LT)) (530 Manitou Drive, City of Kitchener);
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 the registered owner is served with the notice, or, when the registered owner 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 Council of The Regional Municipality of Waterloo
c/o Regional Solicitor, Legal Services
150 Frederick Street, 8th Floor, Kitchener, Ontario N2G 4J3
THE REGIONAL MUNICIPALITY OF WATERLOO
(EXPROPRIATING AUTHORITY)
Debra Arnold, Regional Solicitor
This notice first published on the 28th day of May, 2018.