Body: Council Type: By-law Meeting: Regular Date: 2011 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2011 By-laws/2011-22 - Encroachment, Con 13 & 14, Lot 3, Loughborough.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2011-22
BEING A BY-LAW TO AUTHORIZE THE ENCROACHMENT OF AN ACCESSORY BUILDING ON THE UNOPENED ROAD
ALLOWANCE BETWEEN CONCESSION 13, LOT 3 AND CONCESSION 14, LOT 3, DISTRICT OF LOUGHBOROUGH
WHEREAS Section 11 (2) of the Municipal Act, 2003, c. 25 authorizes a municipality to
pass by-laws respecting highways; and
AND WHEREAS such jurisdiction includes allowing any person owning or occupying structure that is wholly or partially erected or constructed on any highway to maintain and use such structure thereon and to fix such annual charges that the Council considers reasonable for such an owner or occupant to pay for such a privilege; AND WHEREAS an accessory building (barn) at 2753 Desert Lake Road, District of Loughborough, is located partly on the unopened road allowance between concession 13 and concession 14, lot 3; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- The accessory building (barn) at 2753 Desert Lake Road may encroach into the road allowance;
The annual fee for this privilege is $1.00;
A permit agreement shall be entered into between the property owner and the Township and attached to this by-law as Schedule “A”;
If the structure which encroaches into the road allowance is removed, it cannot be rebuilt within the road allowance, and no additional development shall occur within the road allowance;
No residential use shaU be made of the existing structure or any other structure on the road allowance;
This by-law shall come into force and take effect on the date of its passage .
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Dated at the Township of South Froatenac this 5m day of April 2011. th
Read a first and second time this 5 day of April, 2011. th
Read a third time and finally passed this 5 day of April 2011. THE CORPORATION OF THE
TOWNSHIP OF .SOUTH FRONTENAC
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SCHEDULE"A"
TOWNSHIP OF SOUTH FRONTENAC BOX 100, 4432 GEORGE ST. SYDENHAM,ON KOH 2TO
PERMIT FOR ENCROACHMENT Date: April 5.2011
Owner: Scott Barry Black Patricia Ann Black
Location: 2753 Desert Lake Road, Part Lot 3, Concession XIV District of Loushboroueh
The owners hereby agree to the following conditions for an encroachment permit for a part of an accessory structure at the above location to occupy a portion of the unopened road allowance between concession 13 and concession 14, in lot 3, as shown on the
attached sketch, and agree to comply with the conditions of By-law No. 2011-22, A Bylaw to Authorize the Encroachment of an accessory structure on Part of the Unopened Road Allowance between Concession 13 and Concession 14, District of Loughborough. We hereby covenant and agree for ourselves, heirs, executors and assigns to indemnify and keep indemnified the Licensor against all actions, suits, claims and demands which
may be brought or made against the Licensor, and against all loss, costs, damages, charges or expenses whatever which may be sustained, mcurred or paid by the Licensor in consequence of the above-mentioned encroachment, and the Licensees hereby grant to the Licensor full power and authority to settle any such action, suit, claim or demand on such terms as the Licensor deems appropriate, and to pay to the Licensor on demand all moneys paid by it in pursuance of any such settlement and also such sums as shall
represent the reasonable costs of the Licensor or its Solicitor in defending or settlmg any
such action, suit, claim or demand, and this agreement shall not be alleged as a defense by the Licensees in any action by any person for actual damage suffered by reason of the permission hereby granted to maintain the above-mentioned encroachment.
We further covenant and agree that this permit applies only to the structure existing on this date, that no residential unit is permitted within that structure, and no other
development or enlargement of the existing structure is permitted on the unopened road allowance.
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