RESTRICTIVE COVENANTS FOR CAMBRIANŐS COVE, PHASE II [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 17 to 20 and 23 to 28 inclusive, as shown on plan 28915 which is registered in the Registry of Deeds for the County of Halifax in drawer 303. 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, that 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 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)1,800 square feet in the case of a one storey dwelling;
b) 900 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 1,800 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. Vinyl and aluminum siding are not permitted on the exteriors of the buildings.
6. 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.
7. The Grantee shall be responsible for any damage to existing roads or rights-of-way caused by the contractorsŐ 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.
8. 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.
9. The design and erection of fences and stone-walls must be approved in writing by the Grantor.
10. 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.
11. 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.
12. Exterior television or radio aerials or satellite receivers may not be erected unless they are hidden from the road, lake and neighboring lots.
13. No major repairs to any motor vehicle, boat or trailer shall be effected on the lands, except within a wholly enclosed garage.
14. No animals other than standard household pets shall be kept on the said lands. The developer reserves the right to keep horses within any of the phases of CambrianŐs Cove.
15. No powered recreational vehicles are to be used on any of the said lands.
16. No garbage, rubbish or waste material shall be stored on the lands. No incinerator or other refuse-burning device shall be erected or maintained upon the property.
17. The Grantee acknowledges and agrees that the owners of the lots in CambrianŐs Cove share pro rata in the annual costs of road maintenance (grading, plowing, etc.) and general upkeep of any recreational areas within the subdivision including the beach area and tennis court.
18. The Grantee acknowledges and agrees to cost share on a pro rata basis (i.e. 1/10 of cost per lot) in the paving of Kenley Road and Hawkins Drive as shown on the plan of CambrianŐs Cove Phase II when all lots have been sold and seven or more of the lot owners agree to proceed with the paving.
(Note. This no longer applies as all lot owners agreed to wave this covenant and pave prior to the above condition in the Fall of 2005).
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 shall have the power by instrument in writing from time to time to waive, alter or modify the above Restrictive Covenants 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.
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 Grantee 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 the within described property.
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.