m 3k. Order No. 19716. THE BOARD OF RAILWAY COMMISSIONERS FOR CANADA MONDAY, the 30th day of JUNE, A.D. 1913. H. L. DRAYTON, K.C., 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* CERTIFIED A TRUE COPY, Per A. D. CARTWRIGHT, Secretary, B. R* C* Ottawa, July 3rd, 1913. CANADIAN PACIFIC RAILWAY COMPANY J. T. ARUNDEL, General Superintendent. L. MANITOBA DIVISION WINNIPEG, MAN. 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- f*4^A yjfww* A COPY. WINNIPEG, May 9th 1911, J. I. Arundel, gsq. , General Superintendent, Building. 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 correspondence. 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 foregoing. 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 A 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 J. T. ARUNDEL. General Superintendent. MANITOBA DIVISION 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 two. 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, Sutldiag^ 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 J. T. ARUNDEL. General Superintendent. MANITOBA DIVISION WINNIPEG, MAN. Sept# 27th , 1910. In your reply refer to File No.5f?J?>?./. L\ s\l _. 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, V3*- CANADIAN PACIFIC RAILWAY COMPANY. 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* Resident Engineer. CANADIAN PACIFIC RAILWAY COMPANY* ■^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 I .^tpwny 3- njvjsiojir nr 3M414^733£££L CANADIAN PACIFIC RAILWAY CO %NY *