Notice of Intention to Expropriate

Transcription

1 TO: Expropriation Advisory Officer Notice of Intention to Expropriate THIS NOTICE OF INTENTION TO EXPROPRIATE is issued in accordance with section 6 of the Expropriation Act, Chapter E-14, of the Revised Statutes, The name and address of the Expropriating Authority is the City of Moncton, 655 Main Street, Moncton, New Brunswick, E1C 1E8. 2. A description of the land to be expropriated is set forth in Schedule A hereto. 3. A general description of the state of the land described in Schedule A, including the condition of any buildings or improvements thereupon is contained in Schedule B hereto. 4. It is intended that the Expropriating Authority acquire the land described in Schedule A in fee simple and such interest when acquired shall be subject to nil encumbrances. 5. The purpose for which expropriation of the said land is required is to acquire title in fee simple to the land for the expansion of the Turtle Creek Watershed. 6. It is the intention of the City of Moncton, the expropriating authority, to expropriate the lands described in Schedule A. 7. A depiction of the land described in Schedule A is attached hereto as Schedule C. 8. A statement setting out the names of all known owners of the lands described in Schedule A hereto is contained in Schedule D hereto. 9. Schedule E sets out evidence of the steps taken by the City of Moncton, the expropriating authority, to ascertain the owners of the lands described in Schedule A. DATED at the City of Moncton, New Brunswick, this 28 day of July, The City of Moncton signed: Paulette Theriault Deputy Mayor signed: Barbara Quigley City Clerk Expropriating Authority

2 Schedule A APPARENT PID ALL that certain piece or parcel of land and premises situate in the Parish of Hillsborough, County of Albert and Province of New Brunswick, which was conveyed to him the said Hector Gallant by Deed of Cerdic G. Collier and wife, recorded by the No in Book E- 3, Page 476; the land hereby conveyed being bounded and described as follows: BEGINNING at an iron stake on the east side of Turtle Creek Road; THENCE running north to lands granted to James Wallace; THENCE east to lands granted to Frederick Steeves; THENCE south to an iron stake; THENCE west to an iron stake to the place of beginning. Containing thirty-nine acres more or less and being the northern half of lot 52 in tier 8. Being the same lands & premises as were conveyed to Mary Victoria Gallant from Hector Gallant by Deed dated the 24 th day of June, 1958, and registered in the Albert County Registry Office on the 24 th day of June, A.D., 1958, in Book G-3 at Page 120, as Number Save & excepting Lot 81-1 on Plan filed in the Albert County Registry Office on February 9, 1981 as Number PID All that certain lot, piece or parcel of land and premises situate, lying and being in the Parish of Hillsborough in the County of Albert and Province of New Brunswick, shown as Lot 87-1 on a plan of lands entitled "Subdivision Plan, Mary Dobson Estate Subdivision", which plan was filed in the Albert County Registry Office on August 4, 1987, as number APPARENT PID All that certain lot, piece or parcel of land and premises, situate, lying and being at Turtle Creek, County of Albert, and Province of New Brunswick and being composed of Lot No as shown and designated on a subdivision plan of Mary Victoria Gallant Subdivision, Turtle Creek, Albert County, New Brunswick, prepared by I.S. Newcomb, N.B.L.S. on January 24, 1981, and approved by Gilles Aubut, Development Officer for the Province of New Brunswick, on January 23, 1981, and filed in the Albert County Registry Office by the Number 81/5 on February 9, 1981, and being Lot No

3 Schedule B The subject properties are located at 1724 and 1734 Route 910, (east side), Turtle Creek, County of Albert, Province of New Brunswick. These properties are now vacant.

4 Schedule C Annexed to this Notice is a Tentative Plan of Survey of the subject property identified by PID number (Schedule C-1), and Apparent PIDs (Schedule C-2) & (Schedule C-3), Hector, Joanne M. Mary V. and Terry M. Gallant Property, Turtle Creek, Parish of Hillsborough, Albert County, New Brunswick, prepared by Hughes Surveys & Consultants Inc. dated June 8 th, 2010.

5 Schedule D The names of all known owners of the lands described in Schedule A are as follows: Hector Gallant Joanne Mildred Gallant Mary Victoria Gallant Terry Michael Gallant 1734 Route 910 Turtle Creek, NB E1J 2E8 Terry M. Gallant Joanne M. Gallant 1724 Route 910 Turtle Creek, NB E1J 2E7 The Owners in fee simple and / or life estate. New Brunswick Power Distribution and Customer Service Corporation 515 King Street P. O. Box 2000 Fredericton, NB E3B 4X1 Pole and Anchor Agreement Holder Document Book 256 Page 752 Bell Aliant Communications Regionales Inc Barrington St. 6 South Halifax, NS B3J 2W3 Pole and Anchor Agreement Holder Document Book 256 Page 752 Note: Documents to be served to: Alan S. MacKenzie Manager, Real Estates Services Bell Aliant Regional Communications. L.P. 320 Edinburgh Drive Moncton, NB E1E 2L1

6 Schedule E - The City of Moncton, the Expropriating Authority, has caused the records of the Registry Office of the County of Albert to be searched by an Abstractor and reviewed by a Solicitor of the City of Moncton, Legal Department, to ascertain the owners of the lands described in Schedule A, and has caused the apparent owner to be contacted; has caused the records of the Local Assessment Office to be searched in an effort to obtain mailing addresses and owner identification; and has found that the owner set out in Schedule D is the owner of the lands described in Schedule A.