RESTRICTIVE COVENANTS FOR CAMBRIANÕS COVE, PHASE I [back]
The Grantee covenants and agrees with the Grantor to observe and comply with the following Restrictive Covenants made pursuant to a building scheme established by the Grantor. These Restrictive Covenants shall apply to the lots numbered 1 to 16, shown on Schedule “B”, as shown on a plan of 24771 which is registered in the Registry of Deeds for the County of Halifax in drawer 272. These Restrictive Covenants shall be binding upon and enure to the benefit of the parties hereto, their heirs, executors, administrators, representatives, successors and assigns:
1. No building other than a detached single family dwelling (hereinafter referred to as a "dwelling") shall be constructed on the lands. Provided, however, garages or other necessary buildings may be erected for use in connection with residential buildings.
2. The lands shall not be subdivided at any time without the expressed written approval of the Grantor, and no more than one dwelling shall be erected or stand at any one time upon the lands.
3. No dwelling shall be constructed on the lands which shall have a ground floor area less than:
a) 1,500 square feet in the case of a one storey dwelling;
b) 800 square feet in the case of a dwelling with more than one storey provided that the total habitable floor area of any such dwelling shall not be less than 1,500 square feet.
The measurement for calculation of the areas referred to in this paragraph shall be taken as the outside measurements of the main walls of each dwelling, excluding attached garage, porch, veranda, attic and basement.
4. No building or other structure shall be commenced, constructed or maintained on the lot herein conveyed nor shall any addition to or alteration thereof be made until the plans and specifications showing the nature, location, materials, height and approximate cost of each such structure shall have been submitted to and approved in writing by the Grantor.
5. Construction of a dwelling on the said lot shall begin within twelve (12) months from the date of purchase. Once construction is started, it shall be completed within nine months from the date of commencement of construction.
6. The Grantee shall be responsible for any damage to existing roads or rights-of-way caused by the contractorsÕ vehicles or equipment under employ or contract during construction, and also for the clean up of any mud, concrete, or debris on the road or street resulting from work performed by the Grantee.
7. No change in elevations of the land shall be made which will interfere with the drainage of or otherwise cause undue hardship to adjoining properties. No water from any stream, culvert, ditch or pond shall be diverted, dammed or drained.
8. In the case of waterfront lots, sheds, boathouses, etc., must not be built within forty (40) feet of the normal water line and must not exceed two hundred (200) square feet with a height less than twelve (12) feet.
9. Houses and garages must be built at least seventy-five (75) feet from the water line of a lake, unless an exemption is requested in writing. Such an exemption can be given if building conditions of the lot so require it.
10. Docks or similar structures should not extend more than sixteen (16) feet into the water. Prior approval for constructing docks, wharfs, retaining walls or piled structures must be obtained from the Grantor in writing.
11. Erection of fences and stone-walls must first be approved in writing by the Grantor.
12. No trailers, or mobile homes shall be placed or permitted to remain on any lot except that a vacation trailer may be stored on the premises temporarily.
13. Removal of trees is only permitted in connection with the excavation and building of the main dwelling for an area thirty (30) feet beyond the foundation walls, for thinning to provide a view or other reasonable landscaping.
14. Exterior television or radio aerials or satellite receivers may not be erected unless they are hidden from the road, lake and neighboring lots.
15. No major repairs to any motor vehicle, boat or trailer shall be effected on the lands, except within a wholly enclosed garage.
16. No animals other than standard household pets shall be kept on the said lands, with the exception of horses should the Developer wish to build a stable.
17. No powered recreational vehicles are to be used on any of the said lands.
18. All garbage, rubbish and waste material shall be stored in metal or plastic garbage cans or in plastic garbage bags. No incinerator or other refuse-burning device shall be erected or maintained upon the property.
19. The Grantee consents to the installation of, and access for maintenance of, sewer and water systems and of power, telephone and television lines, poles, and equipment (hereinafter called the "equipment") above and below ground, provided that the equipment shall not be installed or located in such manner or in such place upon the lot(s) so as to unreasonably affect or detract from the appearance of the lot(s) and any dwelling house(s) thereon. Should the Grantor enter upon any of the lot(s) for the above noted purposes, it shall be obligated not to permit waste thereon and be further obligated to restore the said lot(s) to its original condition.
20. Provided always that notwithstanding anything herein contained, the Grantor and his successors shall have power by instrument or instruments in writing from time to time to waive, alter or modify the above Restrictive Covenants and restrictions in their application to any lot or lots or to any part thereof comprising part of the said lands without notice to the owner of any other lot on the said lands.
21. These covenants shall be read with all grammatical and gender changes appropriate, and all covenants, liabilities and obligations shall be joint and several.
22. The restrictions herein contained are severable and the invalidity or unenforceability of any restriction shall not affect the validity or enforceability of any other restriction.
23. The said Grantee for itself, its heirs, executors, administrators, successors and assigns, hereby covenants with the said Grantor to insert or cause to be inserted the same covenants and provisions in all deeds, conveyances and transfers to be made by it in relation to lots 1-16, shown on Schedule “B” as shown on a plan of 24771 which is registered in the Registry of Deeds for the County of Halifax in drawer 272.
24. In any of these restrictions, unless the context otherwise requires:
(a) "Grantor" includes the Grantor, its assigns and successors.
(b) "Grantee" means the person or persons, corporation or corporations, to whom the said lands are conveyed, their heirs, executors, administrators, successors and assigns.