Sawmill Landing
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SCHEDULE “B”

RESTRICTIVE COVENANTS

The Grantee covenants and agrees with the Grantor to observe and comply with the following Restrictive Covenants made in pursuance of the building scheme established by the Grantor with respect to lands owned by the Grantor at Goldenville, in the County of Guysborough, Province of Nova Scotia, which lands are more particularly described as a 75 hectare lot, being the first lot as described in a Deed dated February 11, 2000, from George Eddy Company Limited, to Sherbrooke Waterfront Developments Inc., as recorded at the Registry of Deeds in Guysborough, in the County of Guysborough, Province of Nova Scotia, on February 25, 2000, in Book 194, Page 875 et seq, and as described in a Deed dated July 29, 1999 from Kimberly-Clarke Worldwide Inc., to A.G. Anderson & Associates Limited recorded at the Registry of Deeds in Guysborough, in the County of Guysborough, Province of Nova Scotia, on August 6, 1999, in Book 191, Page 150 et seg. The lands to which these Restrictive Covenants shall apply (hereinafter called the “lands”) include the lot or lots conveyed in the within instrument. The Grantor and the Grantee do hereby covenant and agree with each other that it is the intention that the burden of these Restrictive Covenants shall run with the lands forever. The Grantor and the Grantee further agree that it is the intention that the benefit of these Restrictive Covenants shall run with each of the lots and the other lands in this subdivision to which the benefit of these Restrictive Covenants are attached. In the event that the Grantee sells, conveys, assigns, or otherwise disposes of the lot or lots conveyed in the within instrument then the Grantee herein shall require the grantee to whom they are disposing of the lot or lots conveyed within the within instrument to execute the covenants and restrictions, provisos and agreements identical to those contained herein. Should the Grantee fail to do so, the covenants and all restrictions, provisos and agreements contained herein shall be deemed to be binding upon the subsequent Grantee of the Grantee herein. The word “Grantee” as used therein shall include the plural as well as the singular, and the masculine as well as the feminine, or a corporate Grantee where the context so requires. The Grantor and Grantee do hereby covenant and agree with each other and with the owners from time to time, of the other lands within this subdivision to which the benefit and burden of the following Restrictive Covenants shall apply, and for their respective heirs, successors, executors, administrators, and assigns, to observe, confirm and comply with the following Restrictive Covenants:

  1. The Grantee covenants not to cut down or remove from the lands herein described any tree standing on the lands, without the consent in writing of the Grantor. Subject to the exception aforesaid, if any tree is cut down without such consent first had and obtained, the Grantee shall forthwith replace the same under the supervision of the Grantor.
  2. The lands shall be used for private residential purposes only and no attached or semi-detached house, duplex or apartment, or any house designed for more than one family, shall be erected on the lands, and not more than one detached dwelling house with or without attached private garage may be erect on any one lot.
  3. The Grantee covenants and agrees that no residence shall be used for any other purpose than that of a private dwelling for a single family.
  4. The Grantee covenants and agrees that no dwelling house shall be erected or stand upon the lands or any part thereof which shall have a ground floor area of less than one thousand square feet (1000 sq. ft.). The measurements for calculation of the area referred to in this paragraph shall be taken as the outside measurements of the main walls of the dwelling house, excluding garage, porch, verandah, sun room, attic and unfinished basement.
  5. Notwithstanding anything herein contained, no building, fence, erection or structure of any kind shall be erected, constructed or placed on said lands unless the plans, dimensions, specifications and location thereof as indicated by a siting plan (including the distances from the front, side and rear lines) shall have first been submitted to and approved by the Grantor (which approval shall not unreasonably be withheld) and no building, fence or other erection shall be constructed or placed on the said lot otherwise than in conformity with such plan, specifications and siting plan.
  6. No fence shall be erected or maintained on the said lands or any part thereof other than an ornamental wire, iron or wooden fence of open construction, with or without brick or stone foundations, unless approved by the Grantor, which approval shall not unreasonably be withheld.
  7. No signs, billboards, notices or other advertising matter of any kind (except ordinary signs offering the said lot or buildings thereon for sale or rent) shall be placed on any part of the said lands upon or in any buildings or on any fence, tree or any other structure on the said lands without consent of the Grantor.
  8. No trailer, truck, mobile home or mini home with living accommodations shall be parked or placed upon the lands, except for strictly temporary purposes for not greater than a total period of three months in each twelve month calendar year. Under no circumstances shall such trailer, truck, mobile home or mini home with living accommodations be used as a residence on the lands.
  9. No building waste or other material of any kind shall be dumped or stored on the said lands except clean earth for the purpose of leveling in connection with the erection of a building thereon, or the immediate improvement of the grounds. No excavation shall be made on the lands except for the purpose of building or for the improvement of the gardens and grounds thereof.
  10. No horses, cattle, hogs, sheep, poultry, or other stock or animals other than household pets, normally permitted in private homes in urban residential areas, shall be kept upon the said land. No breeding of pets for sale shall be carried on upon the said lands.
  11. No addition to any building shall be erected unless the plans and specifications have been submitted to the Grantor or its agent, and its approval is writing obtained.
  12. The lands shall not be subdivided at any time without the express written approval of the Grantor.
  13. The Grantee covenants and agrees that every building shall be completed in accordance with the plans and specifications approved by the Grantor within a reasonable period of time; and no building shall be deemed completed until the ground lawns and shrubbery surrounding and building are improved in such a manner as to be in keeping with the general appearance of the surrounding lands. The Grantee covenants to be completed the landscaping of the lot to a standard which conforms with the surrounding properties in the subdivision so as not to deter from the quality of appearance of the subdivision as a whole.
  14. The Grantee for himself, his heirs, administrators, executors, successors and assigns, covenants and agrees that no building, addition to, or alterations of, any building, nor any structure or sign of any kind, will be constructed or erected above the building or structure, if any, now standing on the land conveyed, and in any event no building or structure, or sign that may be constructed or erected either in place of any building or structure now on the land or as a new building on the land conveyed, shall or will exceed a height not previously approved by the Grantor (which approval shall not unreasonably be withheld).
  15. No offensive or noxious activity shall be carried on upon the lands, roadways or common areas. Such activity includes but is not limited to a public nuisance or nuisance per se; any behavior that is inconsistent with both the reasonable and pleasurable use of the development by Purchasers, their families, lessees, invitees and guests; excessively noisy behavior disrespecting the rights of others; flashing or excessively bright lights; no off-road vehicles (including but not limited to minibikes, go-karts and all terrain vehicles); significantly loud electronic music distractions; or other similar unreasonable and intrusive behavior or activity curtailing or likely to curtail the reasonable pleasure and use of the development by others.
  16. The Purchaser (Grantee) acknowledges and agrees that a Property Owner’s Association shall be set up prior to or at the latest once ten (10) lots have been sold by the Grantor in the subdivision. Membership in the Property Owner’s Association shall be mandatory for all purchasers of lots within the subdivision including all purchasers of lots already purchased at the time the Property Owner’s Association is set up and all future purchasers of lots in the subdivision. The Purchaser therefore covenants and agrees that the Purchaser shall be required to and shall become a member in such Property Owner’s Association once it is formed. The Purchaser covenants and agrees that once the Property Owner’s Association is set up for the owners of properties in the Sherbrooke Waterfront Developments Inc. subdivision, that the Purchaser covenants and agrees to be a member in good standing of such Association and agrees at all times to pay such fees, dues, levies and special assessments as may be imposed from time to time by such Association for the purpose of carrying out is objectives and acknowledging that membership in such an Association is mandatory. The duties and rights of such Association, once formed, include, but are not limited to, the following:
    • To remain, repair and operate at it’s own expense all roads, common right of ways, and entrance to the development, including but not limited to the right-of-way across Crown lands from public Highway No. 7 to the subdivision, together with all common right-of-ways within the subdivision itself, and including but not limited to garbage removal, snow removal, and all road maintenance and repair;
    • To assume the duties of the Grantor at such time as the Grantor deems appropriate. It is the intention of the Grantor that this shall occur prior to and at the latest upon the sale of ten (10) lots within the subdivision;
    • To elect a Board of Directors to carry out the duties of the Association and such other duties as it deems appropriate; and
    • The right, exercisable only on approval by a majority of the Association’s membership, to correct conditions of neglect or disrepair on any lot or structure thereon and to take any reasonable action deemed necessary in order to preserve the clean, safe, attractive and sightly condition of any lot or structure thereon, if the Purchaser failed to correct same within sixty (60) days after delivery of written notice by the Association of the existence of such condition. If the Association exercises such right, neither it nor any duly authorized agent thereof shall be liable for trespass or otherwise to said Purchaser as a result of any such action. The cost of any action taken shall be paid by the Purchaser against whom such action is taken.
  17. The Grantee acknowledges that the Grantor may in writing waive, alter or modify these restrictions in respect to any lot or lots within the Subdivision without notice to the owners of any other lots in the Subdivision, including the Grantee herein. Once all lots in the Sherbrooke Waterfront Developments Inc. Subdivision are sold, the Property Owner’s Association, if such an Association is formed, shall have the final decision making regarding whether these Restrictive Covenants can be waived, altered or modified in writing with respect to any lot or lots within the Subdivision.
  18. The Grantee covenants and agrees to obtain from any subsequent purchaser or transferee an identical undertaking to observe the Restrictive Covenants herein set forth including this clause. Notwithstanding failure by the Grantee to obtain such covenant, the Restrictive Covenants herein shall be and remain Restrictive Covenants upon the lands described in Schedule “A” attached hereto.
  19. All lots shall be kept clean and sanitary at all times and no waste material of any kind shall be dumped or spread over the lot except clean earth, rocks, or gravel for the purposes of leveling the said lot.
  20. No house garbage shall be placed outside of any dwelling unless kept in a garbage enclosure specifically constructed for that purpose.
  21. Property owners shall abide by the Nova Scotia Water Act and the Nova Scotia Environment Act to obtain a permit prior to commencing any work in and around the immediate vicinity of any water courses, including rivers and streams.
  22. No exterior radio, aerials, television aerials, or satellite dishes in excess of 24 inches in diameter may be erected or maintained on any of the said lands without the prior written consent of the Grantor.
  23. No excavation shall be made on the said lands except excavations for the purpose of building on the same at the time of commencement of such building or for the improvement of the gardens thereof. No soil, sand or gravel shall be removed from the said lands except with the prior permission of the Grantor.
  24. No docks, wharves, or related structures, shall be constructed or erected upon the lands or adjacent to the lands without being approved by the Grantor, and all such docks, wharves, or related structures shall meet all rules and regulations required by the Department of Fisheries, the Department of Environment, or any other federal, provincial or municipal body, and shall not interfere with the water access of the other lots in the Subdivision.
  25. No building shall be constructed upon the lands with the height greater than 2 stories, unless prior written approval is obtained from the Grantor.
  26. The Grantee shall not block the water view of the remaining lots in the Subdivision with any structures, vessels, vehicles or other objects or structures.
  27. The Grantee shall not leave any derelict boats or vessels unattended on the lands or in the waters adjacent to any of the lands in the Subdivision.
  28. The Grantee covenants and agrees not to make any noise on the lands which is louder than 86 decibels and the Grantee covenants and agrees not to run motors on or near the lands on Sundays.
  29. The Grantee herein hereby covenants and agrees to be bound by the Restrictive Covenants set out herein.

 

Dated this ____ day of ______________________________, ________.

 

___________________________________
WITNESS

 

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___________________________________
GRANTEE

 

___________________________________
WITNESS
  ___________________________________
GRANTEE

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