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<br />THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 76-2006 <br /> <br />A BY -LAW TO GRANT APPROVAL TO AN APPLICATION FOR <br />APPROVAL TO EXPROPRIATE CERTAIN LANDS ALONG <br />COUNTY ROAD 19 IN THE TOWN OF LAKESHORE. <br /> <br />WHEREAS the Corporation is in a position to begin the reconstruction of that <br />part of County Road 19 (Manning Road) from County Road 22 northerly to the VIA Rail <br />railway crossing pursuant to the Advanced Construction Project on County Road 19 as <br />approved under the "Let's Get Windsor/Essex Moving" initiative, which reconstruction is <br />being fully funded by the Provincial and Federal Governments; <br /> <br />AND WHEREAS the Corporation made an Application for Approval dated <br />October 18, 2006 to expropriate certain lands in part of Lots 2 and 3, Concession West of <br />Pike Creek (also known as Concession West of River Peche) in the Town of Lakeshore, <br />in the County of Essex, which lands are designated are Parts 1 to 9 both inclusive on <br />Reference Plan 12R-22650; <br /> <br />AND WHEREAS it is necessary that the Corporation acquire certain lands, <br />currently owned by others, along the east side of the existing County Road 19 road <br />allowance to allow for the reconstruction of that portion of County Road 19 from Amy <br />Croft Drive northerly to the VIA Rail railway crossing; <br /> <br />AND WHEREAS to date the Corporation has received a conveyance of the title <br />to those portions of Lots 2 and 3, Concession West of Pike Creek in the Town of <br />Lakeshore, now designated as Parts 2 and 7 on Reference Plan 12R-22650; <br /> <br />AND WHEREAS the Corporation has determined that it does not wish to <br />expropriate lands from VIA Rail Canada Inc., which lands are described as part of Lot 2, <br />Concession West of Pike Creek, in the Town of Lakeshore, now designated as Part 6 on <br />Reference Plan 12R-22650; <br /> <br />AND WHEREAS to date the Corporation has not been successful in negotiating <br />a purchase of the remainder of these lands on terms and conditions satisfactory to the <br />Corporation; <br /> <br />AND WHEREAS no property owner has requested the Attorney General to <br />appoint inquiry officers to hold a Hearing of Necessity under the Expropriations Act, <br />R.S.O. 1990, Chapter E. 26 as amended; <br /> <br />NOW THEREFORE the Council of the Corporation of the County of Essex <br />hereby enacts as follows: <br /> <br />1. THA T the Corporation hereby grants approval to The Corporation of the <br />County of Essex to expropriate those portions of Lots 2 and 3, Concession <br />West of Pike Creek (also known as Concession West of River Peche), in <br /> <br />I <br />I, <br />