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Kenora subway and division of Main Street Canadian Pacific Railway Company. Western Division 1913

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Order No. 19716.
MONDAY,   the   30th   day   of
JUNE, A.D. 1913.
Chief Commissioner*
IN   THE   MATTER   OF   the
application of the Canadian Pacific Railway Company, hereinafter
called the " Applicant Company '',
under Section 257 of the Railway
Act, for authority to use and operate the subway over Main Street,
Kenora, Ontario, constructed under
Order No. 10614, dated the 12th and
13th May, 1910:    File 9043: '
UPON the report and recommendation of an Engineer of the Board,
concurred in by its Chief Engineer—
IT IS ORDERED that the Applicant Company be, and it is hereby,
authorized to use and operate the said subway over Main Street, at
Kenora, in the Province of Ontario.
(Signed)        H. L. DRAYTON,
Chief Commissioner,
Board of Railway Commissioners for Canada*
Secretary, B. R* C*
Ottawa, July 3rd, 1913. CANADIAN    PACIFIC   RAILWAY   COMPANY
General Superintendent.
May 11th 1911.
In your reply refer to File No 5S.5.9."..*
P. Mcpherson, Esq*»
J. Brownleei Esq.,
Dear Sir,
I enclose a copy of a letter from Messrs Curie &
Bond regarding the lots required at Kenora on account of
the construction of the Main Street subway.
Bill you please act in conjunction with the Town
authorities with regard to the purchase/which is to be done
without prejudice to either party.
lours truly,
/ . ; -
Si        JJ-
WINNIPEG,  May 9th 1911,
J. I. Arundel, gsq. ,
General Superintendent,
Dear Sir,
Re Main Street Subway, Kenora.
Replying to your letter of the 6th inst.
Since we last wrote you we fceceived a letter
from the Solicitor for the Town of Kenora as follows:-*
"I have your letter of yesterday and it
would appear that wo cannot arrive at an understanding in
which shape, I suppose* the matter will have to rest for
the present, and anything that nay be done by the Town of
Kenora or by your Company in connection with the requiring
of land or carrying on of the work will be without prejudice
to their respective positions.11
to which we replied as follows:-
"We duly received your letter of the 29th
ult. and are quite willing that anything either party does
in the meantime in connection with the acquiring or otherwise
of any lands in connection with this natter shall be entirely
without prejudice to the position of either party."
We do not know what is taking place at Kenora
but we judge from the foregoing letter of the Town Solicitor
that the Town is taking some steps towards acquiring the lands,
possibly in conjunction with some officer of the Railway Company«
We do  not know what lands are required but presumably you
are instructing the Right of Way Agent in reference to the
acquiring of any lands desired. ~ 2  ~
We would suggest that when he is instructed as to
the particular lands required he should discuss the matter
with the Local Superintendent and after ascertaining the
local situation take the matter up with the Town officials
showing them the lands which they should obtain.  If they
have obtained the lands it will be without prejudice to the
position cf either party as mentioned in the foregoing
We would say that we have little hope of succeeding
in this matter against the Town now by reason of the fact
that the Company has been proceeding with the work and
trespassing instead o£ having first arranged for proper
authority.  The views of the Beard where anything of this
kind occurs are too well known to suggest favorable consideration
of the attitude the Company has been taking in view of the
Yours truly,
COBLE &  BOND, Oct.   £9th,   1910* 1.
905 G.
J#T,,ArundeZ,  £sq»9
General Superintendent,
Buildin  *
Dear sir,-
Re BuTwayfK:en©r&*.
Your file 5259?
Referring to yours of the 27th instant,and our coaver-
satioii of this morning with WrJBfurle ,  I beg to say that  it  is
my understanding that  I am to take no  further action in connect-
ion #ith the purchase of land  for the approach to the subway,tout
that yotu consider the approaches should toe secured by the To^n
of fCenejra* I will,  therefore,  consider my file closed in
refq..ra:nce to this matter*
yours truly,
v/W & L,Agent,Western Lines* CANADIAN    PACIFIC    RAILWAY   COMPANY
General Superintendent.
Winnipeg, man.       October  27th. ,   191
In your reply refer to File
P. McPherson Esq.,
Right of way & lease Agewfc^
Winnipeg.      \.
Dear Sir;
Your letter of October 22nd.f t**a  QQ& f- —^
Acting Elayor Carrie of Kenora states that the
Town has not made any offer for the lots referred to, to
the Hudson Bay Co.  The Town owns lots 3 and 4 and the
outside value they put on them would be f50G,00 for the
We are going to build a subway and a new approach
on the north side will be required.  It is a very nice
question as to whether we should provide the approach. This
I cannot tell and I suppose it will be a matter for the Legal
Dept. to decide.  Probably it would be better for the Town
Council to expropriate the ttudson Bay land required.  Will
you please arrange a settlement of the case and advise me.
Yours truly, :-y
Oct. 22nd, 1910.   1,
905 G*
J #T. Arundel, Esc.»»
General Superintendent,
T5e?:.r sir,-
Referring to  vour letter of the 27th \lt.,re additional
id required for subway at Kenora,  I Ver, to say that  I understood
from your letter that  you expected me to  secure the necessary Ian
I recently took up the matter with the L&nd Commissioner of the
Hudsons Bay Co,^ho are the owners of the lots affeetedf and I
am advised that the Town of Kenora have offered the Hudsons Bay
Co #1000 for Lots 4 and 5,including the portion required for the
street* I hanr    not had an opportunity of examining the
property with a view to estimating the value,tout  I think that
I recollect the property p rfectly and that these lots slope from
Main St,as now used,  to the slough at  a very steep angle and I
would not  consider they were worth anything like that amount.
If the Totm of Kenora are going to buy the property,   I
think they should toe  called upon to pay for it*      I spoke to vour
Mr.Haanel yesterday about this matter and I understood that he
was going to wire Mr.Brovmlee to aseertain why the Town was    taking
a hand in this matter* If they fix the va^lue at #1000, we 22/10/10*
J«i\A# (2)
cannot  expect the Hudsons ^ay Co to sell it to us for any
lesst tout  I would not want to pay one quarter of that amount
for the property for personal use or speculation*
Yours truly,
]R/% & L* Agent, ires tern Lines* CANADIAN    PACIFIC    RAILWAY   COMPANY
General Superintendent.
WINNIPEG, MAN. Sept#    27th ,    1910.
In your reply refer to File No.5f?J?>?./.
P.   Mc Pherson,   Esq. f
R. of W. &  Lease Agent,
Winnipeg, Man.
Dear Sir,-
I ' erewith send you blue prints and descriptions of the
land to be obtained at Kenora for diverting Main Street and the
construction of the subway ordered by the Railway Commisssion.   The
order is that Company would bear 70$ of the cost of the work, the
Ivfunicipality 10$, and the highway crossing will take ca-e of 20$.
Will you please ch^hpa the cost accordingly.
1 ^4\/ w
4. k>. v %
Yours truly,
DESCRIPTION OF LAKD to be aquired from the Hudson* s Bay Company Ltd by the
Canadian Pacific Railway Company in the town of Kenora, Province of Ontario,
for the purposes of proposed New fubway, whieh certain parcel may be more
patticularly described as follows;**
ALL that pottion of lot five (5) Block three (3) in the Town of Kenora,
Province of Ontario* Commencing at the North East corner of said Lot
Five (5) thence along the Northerly boundary of said Lot five (5)
North 66 degrees 38 minutes West a distance of 20*6 feet Thence
South 66 degrees 37 minutes West a distance of 74.1 feet Thence
South 66 degrees 38 ninutes East a distance of 52.7 feet Thence
North 58 degrees 20 minutes Esst a distance of 61.1 feet more or less
to the point of commencement, containing by admeasurement 1532.5 feet*
Offiee of the Resident Engineer,
Sort William. Sept 23rd.1910*
■^cription cf land to be acquired from the Hudson! s Bay Company Ltd by the
Canadian Pacific Railway Company in the Town of Kenora, Province of Ontario,for &
the purposes of proposed New Subway which certain parcel may be more particularly
described as follows:**
All that portion of Lot Four (4) Block Three (3) in the Sown of Kenora,
Province of Ontario, commencing at the North East corner of said Lot Four (4)
thence along the Northerly boundary of said Lot Four(4)
North 66 degrees SB minutes West a distance of 32.7 feet,
Thence South 66 degrees 37 minutes West a distance of 74.1 feet
Thence South 66 degrees 38 minutes East a distance of 44,8 feet
Thence  North 58 degrees 20 minute,.- East a distance of 61.1 fert b more or le
to the point of commencement containing by admeasyrement 1S37.5 square feet
more or ler
Office of the Resident Engineer,
Bort William, Ontario,,
Sept 23rd 1910.
Resident Engine*  ^Sb«-->~._
*.. jfirAxV; Hfjmm
.^tpwny 3- njvjsiojir   nr


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