MARINA VIEW PROPERTIES LTD., a body corporate, incorporated under the laws of the Province of Alberta, being registered as owner of an estate in fee simple, subject, however, to such mortgages and encumbrances as are notified by memorandum on the existing Certificate of Title, of those parcels of land legally described as follows:
LOTS ONE (1) TO EIGHT (8) inclusive
BLOCK FOUR (4)
PLAN ________
ALL IN THE MUNICIPAL DISTRICT OF BONNYVILLE, PROVINCE OF ALBERTA
RESERVING THEREOUT ALL MINES AND MINERALS.
(the Lands)
and wishing to maintain the general character of all the Lands above specified, does hereby declare, establish, impose and annex to the Lands the stipulations, restrictions and provisions as hereinafter provided, such stipulation, restrictions and provisions to be enforced and to run with the Lands and be binding on the owners of the Lands and all persons claiming under them:
1. The sole use of all county acreage lots on the Lands is private single family dwellings, which provides for one family unit. The only other permitted buildings on a lot in the proposed subdivision will be an accessory building and a garden shed. No residence or accessory building shall be erected unless it complies with any NHA standard and all applicable building codes and bylaws in force. This restrictive covenant shall apply to:
· the registered owner,
· those in possession, who have a beneficial or equitable interest in the land,
· any tenant in possession.
2. House foot print minimum size of 1100 square feet, not including the garage, patio, porch, or like structure.
3. All houses will have a two or more car attached garage.
4. Mobile homes for continuos use are not permitted on the Lands.
5. Water and sewer utilities to the residential lot shall strictly conform to Provincial and Municipal government regulations.
6. The external finish of any residence or outbuilding shall be modern and aesthetically acceptable in keeping with the general appearance of other residences on the Lands.
7. Any business operated from the land will be confined and contained within the buildings as to not unduly affect the neighboring properties.
8. No storage of old vehicles, equipment or construction material on the Lands.
9. All owners of the land are required to plant a minimum of six trees in the front yard. All trees must be 10 ft. tall when planted. The owner will be required to replace trees that have died.
10. No barbed wire shall be used in the construction of a fence on the lands.
11. Once construction has commenced on the Lands the construction will be completed within one and one half years of commencement, not including landscaping.
12. Within one year of completion of the residence, landscaping of the lot must be completed with expectation of topsoil, lawn, trees and shrubs. All fences will be constructed in a good workman- like manner.
13. Weed control must be practiced on the lot and no unsightly objects, garbage heaps are permitted on the Lands.
14. If any owner of any lot on the Lands shall be in violation of any of the covenants set out in this Restrictive Covenant, it shall be lawful for any person owning a lot, or lots, to proceed against the person or persons in violation and to prevent any act from being done by injunction or to recover damages.
This Restrictive Covenant shall run with the lands and shall extend to and be binding upon the registered owners of lots on the Lands and every subsequent purchaser, their heirs, administrators, executors, successors and assigns respectively.
IN WITNESS WHEREOF, MARINA VIEW PROPERTIES LTD., has caused its corporate seal to
be affixed by its authorized signing officers this day of , 2004.
MARINA VIEW PROPERTIES LTD.
Per: ____________________________________
Per: ____________________________________