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/2011-73 Authorize Encroachment of Septic System Con2 and 3, Pt Lot 14, Storrington.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2011-73
BEING A BY-LAW TO AUTHORIZE THE ENCROACHMENT OF A SEPTIC SYSTEM ON THE UNOPENED ROAD ALLOWANCE
BETWEEN CONCESSION 2, LOT 14 AND CONCESSION 3, LOT 14, DISTRICT OF STORRINGTON
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 a structire 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 a portion of the septic system at 4079 Latimer Road, Disfrict of Storrington, is located partly on the unopened road allowance between concession 2 and concession 3, lot 14; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- The septic system which service 4079 Latimer 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 tMs by-law as Schedule “A”;
If the scptic system which encroaches into the road allowance is removed, it cannot be replaced within the road allowance, and no additional development shall occur within the road allowance;
This by-law shall come into force and take effect on the date of its passage .
Dated at the TownsMp of South Frontenac this 1st day of November, 2011. Read a Hrst and second time this 1st day of November, 2011. Read a third time and finally passed this 1st day of November, 2011. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC /
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Mark^Tuqifi^eputy Mayor
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-Administrator
SCHEDULE"A"
TOWNSHIP OF SOUTH FRONTENAC BOX 100, 4432 GEORGE ST. SYDEMHAM, ON KOH 2TO
PERMIT FOR ENCROACHMENT Date: November 1,2011 Owner: Pierre Daniel Nadeau Marion Cecile Nadeau
Location: 4079 Latimer Road, Part Lot 14, Concession III district of Storrinston
The owners hereby agree to the following conditions for an encroachment permit for part of a septic system at the above location to occupy a portion of the unopened road allowance between concession 2 and concession 3, in lot 14, as shown on the attached
sketch, and agree to comply with the conditions of By-law No. 2011-73, A By-law to Authorize the Encroachment of a septic system on the Unopened Road Allowance between Concession 2, lot 14 and Concession 3, Lot 14, District of Storrington.. 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, incurred 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 settling 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, and no other development or enlargement of the existing structure (septic system) is permitted on the unopened road allowance.
Owner Witness Owner .r
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Mark Tinlin rM^- -Deputy Wayne
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Township ybf South Frontenac
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Loughborough Lake
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