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I In these covenants, the following definitions shall apply:
“Grantor” shall mean RBKR Ltd., its successors and/or assigns;
“Grantee(s)” shall mean the original purchaser(s) from the Grantor and all subsequent successors to the original purchaser’s title and shall include joint or common owners of the Lands;
“Lands” shall mean those lands located at Canoe Cove, in Lot or Township Number 30, in Queens County, Province of Prince Edward Island, which are more particularly outlined and shown on a plan of survey entitled “Plan Showing a Proposed Subdivision of Property of Herman McQuaid & Joan McQuaid” prepared by Delta Surveys - Designer Surveys Inc., as drawing number D-06-178, certified by Brian P. Potter, P.E.I.L.S., dated July 14, 2006, approved by the Dept. of Community & Cultural Affairs on August 2, 2006, and filed in the Land Registry Office for Queens County on August 29, 2006, as plan number 31884. These covenants and restrictions shall apply to Lots 1-18 shown on the said plan. The lands are sometimes referred to as the “Estates at Sandy Cove” subdivision. “Lands” means each separate lot in the subdivision. and includes the lands purchased by the Grantee(s) from the Grantor as described in Schedule “A”.
The Grantee(s) of any portion of the lands described in Schedule “A” covenant and agree with the Grantor to observe and comply with the following restrictions and agreements made in pursuance of a building scheme established by the Grantor:
No more than one dwelling building and no more than one accessory building shall be erected or stand at any time upon the Lands.
No dwelling building shall be erected or placed on the Lands other than a newly-constructed, permanent, private dwelling building. No temporary structures or mobile homes or trailers are permitted on the Lands.
No dwelling building shall be erected or stand upon the Lands or any part thereof which has a floor area of less than 1,200 square feet. For the purpose of this clause, “floor area” shall be calculated and measured from the outside measurements of the main walls of the dwelling building excluding the garage, porch, veranda, sunroom, attic, basement and/or semi-basement.
Construction of the dwelling building and landscaping shall be completed in a proper and workmanlike manner and in accordance with plans, dimensions, specifications, siting plans and plot plans approved by the Developer, and completed within one year of commencing construction.
All buildings constructed on Lots 13, 14 and 15 will have a minimum set-back from the buffer zone of seventy-five (75) feet.
Trees, if approved by the Developer, on Lots 8 to 18, inclusive, will not exceed eight (8) feet in height, except for trees located on the eastern boundary of Lots 16, 17 and 18.
Fences, if approved by the Developer, shall not exceed five (5) feet in height.
Shrubs, hedges and other landscaping shall not exceed five (5) feet in height.
The buffer area is not a common area, with the exception of the eight (8) foot walkway provided for access to the beach.
Beach access will be restricted to owners of Lots in the “Estates at Sandy Cove” Subdivision and their guests.
The Grantee(s) shall comply with all federal and provincial laws, regulations, by-laws and zoning and set-back requirements in connection with the construction of any building upon the Lands. Upon commencing construction of the dwelling building foundation, the Grantee(s) will employ the services of a licensed Prince Edward Island land surveyor to establish the dwelling building location on the lands, top of footing elevation and suggested top of the wall elevation.
The Grantee(s) shall be wholly responsible for construction and maintenance of his own well (if required), septic tank and field tile, which shall be in accordance with the specifications established by provincial regulation and by government departments including, but not limited to, the sewer system fill requirements imposed by the Department of Community and Cultural Affairs.
Any building damaged by fire shall be removed or repaired within sixty days of receipt of insurance proceeds.
No items, including, but not limited to, exterior television, radio, aerials, satellite dishes or receivers larger than 30” in diameter, Selkirk chimneys, and above-ground storage tanks, other than propane tanks of a size suitable to service a single-family dwelling, shall be erected or maintained on any part of the Lands.
The Lands and any building thereon shall not be used for the purpose of any profession, trade, employment, service, manufacture or business of any description, nor as a school, hospital or other charitable institution, hotel, apartment, house, rooming house or place of public resort, nor for any purpose other than as a private residence for the use of only one family to each dwelling building.
Nothing shall be done upon the Lands that is or would likely be a nuisance to the occupants of any neighbouring lands or buildings within the subdivision. Without limiting the generality of the foregoing, no one shall use recreational off-road vehicles on the Lands or beaches and dunes adjacent to the Lands.
All buildings, walls, structures, driveways and landscaping placed or maintained upon the Lands or any portion thereon shall at all times be maintained in good condition and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings, houses or other improvements and external appurtenances, all in a manner and with such frequency as is consistent with good property management. All Lands, whether occupied or unoccupied, shall be maintained in a manner acceptable to the Developer. The Developer, in its sole discretion, may determine whether or not the Lands, or any part thereof, are orderly. The Developer may have any objectionable items removed so as to restore the proper appearance of the Lands, without liability therefore, and charge the Grantee(s) for any costs incurred in the process and the Grantee(s) agree(s) to pay such charges.
The Lands shall be kept clean, sanitary, free from refuse, debris and fire hazard at all times and no sewage or building waste or other waste material of any kind shall be dumped or stored on the Lands, except clean fill for the purpose of leveling in connection with the construction or erection of a dwelling or other structure therein or the immediate improvement of the Lands.
No major repairs to a motor vehicle, boat or trailer shall be effected on the Lands, except within a wholly enclosed garage. No portion of the Lands shall be used for the storage or repair of derelict vehicles.
No trailer or camper, with or without living, sleeping or eating accommodations, boat, or motor vehicle in excess or one tonne shall be placed, located, kept or maintained on the Lands.
No portion of the Lands shall be used for the parking or storage of commercial vehicles, including, but not limited to, school buses, oil trucks, freight trucks, trucks over one tonne and any other vehicles of a similar nature.
No cattle, hogs, sheep, poultry, horses or other livestock or animals, other than household pets normally permitted in private homes in urban residential areas, shall be permitted or kept on the Lands. No kennels and no breeding of pets for sale shall be permitted on the Lands.
The Grantee(s) shall not allow any pet to leave the Lands unless the pet is under the immediate care and control of a competent and responsible person.
The Grantee(s) shall connect the dwelling on the Lands to electricity via an underground conduit from the lot line to the dwelling.
The Grantee(s) shall install a coach-light on the Lands and shall maintain the coach-light in good repair and in proper working order.
The Grantee(s) shall be responsible for any damage to roads, curbs, gutters and any underground services occasioned during construction of any works carried on by the Grantee(s) on the lands of the Grantee(s). The Grantee(s) also agree(s) that, in the event that any survey pins are lost or removed during construction or otherwise on the lands of the Grantee(s), the Grantee(s), at his/their cost, shall cause a licensed surveyor to replace any such survey pins that may have been removed or lost.
The respective owners for the time being of Lots 3, 4,. 5, 6, 7 & 8 shall not obstruct the utility easement running from the southern boundary of Lot 1 to Rebokary Lane along the western boundaries of Lots 3, 4, 5, 6, 7 and 8 as shown on the aforesaid survey plan.
II Written Approval Required
No dwelling building or other building, fence (including hedges), wall, gate post, clothesline, surface or storm drainage or other structure shall be commenced, constructed or maintained on the Lands unless the plans, dimensions, specifications and siting plan showing the nature, location (including the distances from the front, side and rear limits), colour, materials and height of same shall have been first submitted to and approved in writing by the Developer who may in its discretion refuse to approve any such plans, dimensions, specifications or siting plan which, in its opinion, are unsuitable or undesirable. Plot plans are required to be submitted to the Developer indicating the lot grading design of the dwelling layout and proposed surface and storm drainage and landscaping and all other associated site works designed and certified by a qualified professional in this field of work preparing same indicated thereon. The design of the dwelling building, its location upon the lot, the colour of all roofs, exterior woodwork, siding and trim and all exterior masonry of the buildings to be erected shall be approved by the Developer in writing. In approving such plans, dimensions, specifications, siting plans, elevations and plot plans, the Developer may take into consideration the material and colour of all roofs, exterior walls, woodwork, windows, hardware and lighting fixtures, fencing, paving and landscaped details proposed and the harmony thereof with the surroundings and the effect of the structures as planned on the outlook from adjacent or neighbouring properties. Compulsory items are stucco, Hardie Plank, wood or other quality materials approved by the Developer and the use of earth tone colours. The Developer shall notify the Grantee(s) of its decision to either approve or reject the said plans, dimensions, specifications, siting plans and/or plot plans within fourteen (14) days of being provided all of the said plans, dimensions, specifications, siting plan and plot plan.
No fence and/or trees shall be erected or maintained on the Lands or any part thereof without written approval of the Developer.
No signs, billboards, notices or other advertising matter of any kind (except signs of the size and type ordinarily employed by real estate brokers in the area, offering the Lands for sale) shall be placed on any part of the Lands or upon or in any buildings or on any fence, tree or other structure on the Lands without the prior written consent of the Developer.
No excavation shall be made on the Lands except excavations for the purpose of building on the same at the same time of commencement of such building or for the improvement of the gardens or grounds thereof. No soil, sand or gravel shall be removed from the Lands except with the prior written consent of the Developer.
No approved lot shall be subdivided at any time without the prior approval of the Developer.
III Developer Rights
The Grantee(s) hereby agree(s) to consent to any future land development by the Developer.
The Developer shall have the right to convey to any governmental agencies or other public authorities any part of its remaining lands for parks, recreational or other similar purposes, for roadways or for pipes or conduits for sewage, drainage and electricity.
The Developer shall have the right to grade the lands within and adjacent to the Lands as may be a required for drainage and the construction of the streets, walkways and other improvements necessarily incidental to the Development.
The Developer, its successors and/or assigns, may, in its sole discretion and without the consent of the Grantee(s), alter, waive or modify any of the foregoing building and other Covenants, provided their substantial character is maintained.
IV Homeowner’s Association
The Grantee(s), together with all others who own lots in the “Estates at Sandy Cove” subdivision, shall be members in the Homeowner’s Association established by the Developer.
The Developer will provide year round snow removal for roadways and, if necessary or applicable, common areas, with the costs of such removal borne and paid equally by all lot owners on which homes have been constructed.
The Developer may transfer the roadways, common areas and central water system to the Homeowner’s Association at any time.
If the Developer has transferred the roadways and common areas to the Homeowner’s Association, the Homeowner’s Association will be considered the Developer for the purpose of these Covenants and shall have the right to grant the various approvals contemplated by these Covenants.
V WATER EASEMENTS
The Grantor has constructed a well on the “Site for Pump House” as shown on the Delta Surveys – Designer Surveys Inc. drawing number D-06-178 referred to above, which well shall provide water to the owners for the time being of Lots 8 to 18 as shown on the said survey plan. The water line runs in a southwardly direction along the western boundary of Lot 8 shown on the said survey plan to Rebokary Lane and then runs in an east-west direction and north-south direction in order to provide water service to Lots 8 to 18.
The Grantee(s) of Lots 8 to 18 as shown on the said survey plan, their heirs, executors, administrators, successors and assigns, shall have an easement to obtain a supply of water for each of the said Lots 8 to 18 from the well and water lines located on the Grantor’s lands, at a cost to be set by the Grantor.
The Grantee(s), their heirs, executors, administrators, successors and assigns, shall have an easement and right to connect to, construct, maintain, inspect, alter and repair the well and water line including all appurtenances thereto.
The Grantee(s), their heirs, executors, administrators, successors, assigns, and the servants, agents, contractors and workmen of the Grantee(s), shall have the right and privilege to enter with machinery, material, vehicles and equipment as is necessary for the use of the easement.
The Grantee(s) covenant(s) to fill in all excavations and as far as practicable restore the surface of the land to the same condition as prior to the commencement of construction or of any subsequent work thereto.
The Grantor covenants to keep the well site and water line clear of all brush, trees and other obstructions as may be necessary for the use of the easement.
The easement herein is declared to be appurtenant to and for the benefit of each of the owners of Lots 8 to 18 as shown on the aforesaid survey plan.
The Grantor hereby establishes an easement having a uniform width of 20 feet extending from the southern boundary of Lot 1 to Rebokary Lane along the western boundaries of Lots 3, 4, 5, 6, 7 and 8 as shown on the aforesaid survey plan, said easement to be used by the Grantor, its successors and assigns for the purpose of installing and maintaining utility services.
VI RESTRICTIVE COVENANTS SEVERABLE
The Restrictive Covenants herein are severable and the invalidity or unenforceability of any Covenant shall not effect the validity or enforceability of any other Covenant.
VII SUBSEQUENT PURCHASER
The Grantee(s) agree(s) to obtain from any subsequent purchaser or transferee a covenant to observe the Restrictive Covenants herein set forth, including this clause.
The covenants and restrictions of this Declaration shall run with and bind the lands in Schedule “A” and shall enure to the benefit of and be enforceable by the Developer, its successors and/or assigns, or by the owner of any land subject to this Declaration, their respective representatives, heirs, successors and assigns.
Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or recover damages, and against the land to enforce any obligation created by these covenants, and failure by the Developer to enforce any covenant or restriction herein contained shall not be deemed a waiver of the right to do so thereafter.
Estates At Sandy Cove, Canoe Cove PEI