Body: Council Type: By-law Meeting: Regular Date: 2012 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2012 By-laws/2012-41 - Encroachment, Con V, Pt Lots 13 and 14, Portland.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2012-41
BEDSTG A BY-LAW TO AUTHORIZE THE ENCROACHMENT OF A DWELLING AND ACCESSORY STRUCTURES ON THE UNOPENED ROAD ALLOWANCE BETWEEN LOT 13 AND LOT 14, CONCESSION 5, DISTMCT OF PORTLAND
WHEREAS Section 11 (2) of the Municipal Act, 2003, c. 25 authorizes a municipality to pass by-laws respecting highways; and
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AND WHEREAS such jurisdiction includes allowing any person owning or occupymg a structure that is wholly or partially erected or constructed on any highway to maintain and use such structire fhereon and to fix such annual charges that fhe Council considers reasonable for such an owner or occupant to pay for such a privilege; AND WHEREAS the dwelling and accessory structures with the civic address of 5016 Bradford Road, and which is accessed by means ofWhitty Road South, in the District of Portland, are located wholly or in part on the unopened road allowance between lot 13 and lot 14, concession 5; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
The dwelling and accessory structures existing as of the date of this bylaw taking effect, whose civic address is 5016 Bradford Road, may encroach into the road allowance (Whitty Road);
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 any of the structures which encroach into the road allowance as of the date of this by-law taking effect are removed, they 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 Township of South Frontenac this 3rd day of July, 2012. rd
Read a first and second time this 3 day of July, 2012 ./ .'
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Read a third time and finally passed this 3rd day of July, 2012.
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THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
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Ga/ypavison, Mayor
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‘k-Administrator
SCHEDULE"A"
TOWNSHIP OF SOUTH FRONTENAC BOX 100, 4432 GEORGE ST. SYDENHAM, ON KOH 2TO
PERMIT FOR ENCROACHMENT Date:
,2012
Licensee: Sharon Rattrav i~
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Licensor: Township of South Frontenac Location: Whittv Road. Lot 13, Concession V District of Portland
The owner hereby agrees to tiie following conditions for an encroachment permit for a dwelling, and accessory buildmgs to occupy part of an unopened road allowance, as shown on the attached schedule, and agrees to comply with the conditions of By-law No. 2012-41, A By-law to Authorize Encroachment on Part of the Unopened Road Allowance between lot 13 and lot 14, concession 5, District of Portland.
I hereby covenant and agree for myself, heirs, executors and assigns: (i) 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 die Licensor in consequence of fhe above-mentioned encroachment, and the Licensee hereby grants to the Licensor full power and authority to settle any such action, suit, claim or demand on such terms as the Licensor deems appropriate; (ii)
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 fhe 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 defence by the Licensee in any action by any person for actual damage suffered by reason of the permission hereby granted to maintain the above-mentioned encroachment.
(iii) that, if, in the opinion of the Township, there is a need for development or use of the road allowance by the municipality, and if the existing encroachment is deemed to interfere with such development or use, the owner shall remove the encroaching structures from the road allowance, subject to a 120 day notice period.
(iv) that any replacement of the existing encroaching structures shall occur entirely within
the lunits of the owner’s property in lot 14, that no further development will be
permitted on the road allowance, and that any additional development of the licensee^ property shall meet all setback requirements of the South Frontenac Township Comprehensive Zoning By-law.
Owner
Witness Owner
p^ry D^ison,M^yo Wayne
