In the matter of an application by The Regional Municipality of Halton for approval to expropriate lands in the City of Burlington and the Town of Oakville, in the Region of Halton as described in Schedule “A” set out herein, being:

1. All Rights, Title and Interests (“Fee Simple”)
2. In the case of Limited Interests (Easements – Interim Storm Water Management) for the purpose of a free, uninterrupted and unobstructed easement in gross or rights in the nature of an easement in gross for water drainage and to enter, occupy and re-enter by The Regional Municipality of Halton together with all of its authorized users, including, but not limited to, its servants, agents, employees, contractors, sub-contractors and workers, with all necessary material, including, but not limited to, vehicles, machinery, supplies and equipment at all times in, on, over, through, under, above, along and upon the lands for the municipal purpose of facilitating the construction, installation, operation, maintenance, replacement and repair of water drainage works including, but not limited to, the installation of a storm water management system including ditches, swales, storm water management ponds and other material, grading and associated improvements in connection with the Dundas Street Widening and Reconstruction, operation and/or use together with ancillary works associated thereto provided that the said easement interest shall be released, abandoned and/or terminated upon the registered (fee simple) owner executing either a site plan agreement, servicing agreement or plan of subdivision approved by The Regional Municipality of Halton in relation to the development of the subject property with provision for the installation of urban storm systems/infrastructure as a replacement to the works associated with the storm water management easement herein (“Easement – Interim Storm Water Management”)
3. In the case of Limited Interests in Perpetuity (Permanent Easements – Culvert and Storm Water Management Facilities) for the purposes of a free, uninterrupted and unobstructed permanent easement in gross or rights in the nature of a permanent easement in gross to enter, occupy and re-enter by The Regional Municipality of Halton together with all of its authorized users, including, but not limited to, its servants, agents, employees, contractors, sub-contractors and workers, with all necessary material, including, but not limited to, vehicles, machinery, supplies and equipment at all times in, on, over, through, under, above, along and upon the lands for the municipal purpose of facilitating the construction, installation, replacement, repair and maintenance of drainage works including, but not limited to, the installation of a storm water management system including ditches, swales, storm water management ponds and/or placement of pipes, culverts and other material, grading, access for the construction and/or reconstruction, repair and maintenance of drainage works, bridges, swales, storm water management ponds, ditches, and culverts ancillary and necessary to the Dundas Street Widening and Reconstruction in the City of Burlington and Town of Oakville and works ancillary thereto (“Permanent Easements – Culvert and Storm Water Management Facilities”)
4. In the case of Limited Interests in Perpetuity (Permanent Easements – Hydro Poles, Tiebacks, Guy Wires) for the purposes of a free, uninterrupted and unobstructed permanent easement in gross or rights in the nature of a permanent easement in gross to enter, occupy and re-enter by The Regional Municipality of Halton together with all of its authorized users, including, but not limited to, its servants, agents, employees, contractors, sub-contractors and workers, with all necessary material, including, but not limited to, vehicles, machinery, supplies and equipment at all times in, on, over, through, under, above, along and upon the lands for the municipal purpose of facilitating the construction, installation, maintenance and repair of associated public utilities including aerial and/or subsurface hydro lines, tiebacks, poles, anchors, guywires and associated materials and equipment including utility relocation and site grading ancillary and necessary to the Dundas Street Widening and Reconstruction in the City of Burlington and Town of Oakville and works ancillary thereto (“Permanent Easement – Hydro Poles, Tiebacks, Guy Wires”)
5. n the case of Limited Interests in Perpetuity (Permanent Easement – Sanitary Sewer), for the purposes of a free, uninterrupted and unobstructed permanent easement in gross or rights in the nature of a permanent easement in gross in favour of The Regional Municipality of Halton together with its authorized users for the purpose of site works on, upon, under, over, and through the lands for and in connection with facilitating the construction, installation, inspection, testing, verification, repair, replacement and/or operation of municipal underground sewers, underground water lines, drains, drainage courses, beddings, pipes, conduits, markers, channels, ducts, valves, valve chambers, fittings, meters, hydrants, manholes, services, fixtures, equipment and other associated works and appurtenances or accessories thereto whether or not similar to the foregoing in relation to the transfer, transmission, control, flow, carriage, conveyance, transportation, increasing or decreasing velocity or volume of municipal sewage or water or both, and for all things necessary or incidental thereto including physical modification to the lands through site clearing, building demolition, improvements removal or reconstruction, underground tunnelling, digging, grading, ditching, trenching, filling or otherwise, as well as, to enter and occupy the lands with all necessary vehicles, machinery, equipment, workmen, and other materials required for or related to the Dundas Street Widening and Reconstruction in the City of Burlington and Town of Oakville and works ancillary thereto (“Permanent Easement – Sanitary Sewer”)
6. In the case of 3-year Temporary Limited Interests (3-Year Temporary Easements – Construction Access, Storage of Materials and Equipment and Grading) in favour of The Regional Municipality of Halton together with its authorized users commencing on the registration of the plan, in, on, over, under, along and across the Lands at any time and from time to time, without any interruption or interference for the purpose of entering with all necessary vehicles, machinery, equipment and other material required to facilitate the construction and maintenance of the Dundas Street Widening and Reconstruction, including but not limited to site clearance, construction of temporary roads and other construction, grading, placement and storage of soil and other material, construction staging, construction ingress and egress, restoration and any works ancillary thereto, and for all purposes necessary or incidental to the exercise and enjoyment of the rights herein described and works ancillary thereto. (“3-Year Temporary Easements – Construction Access, Storage of Materials and Equipment and Grading”)

Notice is herby given that application has been made for approval to expropriate lands and interests described in Schedule “A” set out herein, registered in the Land Registry Office for the Land Titles Division of Halton No. (20), for the municipal purpose of facilitating the widening and reconstruction of Dundas Street (Regional Road No. 5) from Appleby Line (Regional Road No. 20) to Bronte Road (Regional Road No. 25) in the City of Burlington and Town of Oakville, (the “Dundas Street Widening and Reconstruction”).

Any owner of lands in respect of which notice is given who desires a hearing 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,

1. in the case of a registered owner, served personally or by registered mail within thirty (30) days after the registered owner is served with the notice, or, when the registered owner is served by publication, within thirty (30) days after the first publication of the notice;
2. in the case of an owner who is not a registered owner, within thirty (30) days after the first publication of the notice.

A copy of the reference plans referred to herein are available for viewing at the Clerk’s Office of The Regional Municipality of Halton at 1151 Bronte Road, Oakville, Ontario L6M 3L1 during regular business hours.