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The lands to
which these covenants shall apply (hereinafter called the "said
lands") include the lot described in Schedule "A"
hereto annexed and conveyed by this deed.
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"Garage"
as used herein shall include structure used or to be used for the
housing or protection of motor vehicles.
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No building
shall be erected on the said lands other than a detached private
dwelling house to and for the use of a single family with or without
an appropriate garage attached hereto. Detached garage may be
permitted at the discretion of the Grantor.
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No more than
on dwelling house shall be erected or stand at any one time upon the
said lands.
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No dwelling
shall be erected or stand upon the said lands or any part thereof
which shall have a ground floor area of less than:
(i) 1200
square feet in the case of a one story dwelling
(ii) 1000
square feet in the case of a dwelling of more than one story but not
a full two stories.
(iii) 800
square feet in the case of a dwelling of two stories or more provided
that the total habitable floor area of any dwelling shall not be less
than 1500 square feet.
The
measurements for calculations of the areas referred to in this
paragraph number 5 shall be taken as the outside measurements of the
main walls of each dwelling house, excluding garage, veranda and sunroom.
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No building
shall be erected on the said lands, or any addition or alteration
shall be made thereto, unless the design of such building, addition
or alteration and the plans therefore drawn by a duly qualified
person shall be approved for general conformance to these restrictive
covenants by the Grantor in writing.
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Notwithstanding
anything herein contained, no building, fence or erection of any
kind shall be erected on the said lands unless the plans, dimensions,
specification and location thereof, as indicated by siting plan
(including the distances from the front, side and rear limits) shall
have first been submitted to and approved in writing by the Grantor
or the architect shall be constructed or placed on the said lands
otherwise than in conformity with such plan specifications and siting plan.
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No mud, debris
building materials or other matter shall be placed by the Grantee or
those working or engaged on its behalf within the street right of way
or on other lands not owned by the Grantee such mud and debris is
deposited, it shall be removed the Grantee within twenty-four (24)
hours of receipt of a request to do so from the Grantor, and if it is
not so removed, then the Grantor my cause the mud or debris to be
removed and recover the cost thereof from the Grantee.
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The lands or
any building erected, or to be erected thereon, shall not be used for
the purpose of any profession, trade, employment, service,
manufacturer or business of any description, nor as a school house,
hospital, or other charitable institution, nor as a hotel, apartment
house, rooming house or place of public resort, nor for any sport
(other than such games as are usually played in connection with the
normal occupation of a private residence) nor for any other purpose
than a private residence for the use of one family only to each
dwelling unit; nor shall anything be done or permitted upon any said
lands or buildings erected or to be erected thereon which shall be a
nuisance to the occupants of any neighbouring lands or buildings;
unless approved under the Municpal By-laws, and by the Grantor.
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No fence shall
be erected or maintained on the said lands or any part thereon other
than an ornamental wire, iron or wooden fence of open construction,
with or without brick or stone foundations, unless approved in
writing by the Grantor and no such fence shall be higher than four
feet (4') or be situated within thirty feet (30') of the street line
in front of the lot on which said fence is erected or within ten feet
(10') of any other street line. Screens for landscaping purposes may
be erected upon written approval by the Grantor.
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No signs,
billboards, notices, or other advertising matter, of any kind,
(except the ordinary sign offering the said lands or buildings
thereon for sale or rent) shall be placed on any part of the said
lands or upon or in any buildings or on any fence, tree or other
structure on the said lands without the consent of the Grantor in writing.
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No trailer
other than for recreational purposes shall be parked or placed upon
any part of the said lands.
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No excavation
shall be made on the said lands except excavation for the purpose of
building on same at the time of commencement of such building or for
the improvement of the gardens and ground thereof. No soil, sand or
gravel shall be removed from the said lands except with the prior
permission of the Grantor.
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No living tree
shall be cut or removed from the said lands other than those standing
within the area to be excavated for the erection of a building
thereon without the consent in writing of the Grantor.
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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.
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No horses,
cattle, hogs, sheep, poultry or other stock or animals other than
household pets normally permitted in homes in urban residential areas
shall be kept upon the said lands and no breeding of pets shell be
carried on upon the said lands.
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The Grantee
will not withhold consent to the construction of sidewalks,
pavements, sewers, watermains and other local improvements which may
be permitted for by the Grantor, and the Grantee shall not withhold
consent to the erection or installation and maintenance at the rear,
front or side of any lot contained in Kingswood on the Lakes of
electric, telephone and/or television poles, lines and equipment and
guys and anchors in connection therewith, and underground cables all
for common use with all necessary access from time to time for the
employees of their person, firm or corporation or persons, firms or
corporations furnishing, maintain, and repairing the same.
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The Grantor
shall have the right to convey to the Municipality or other public
authority any part of Kingswood on the Lakes (other than the lands
already conveyed) for park, recreation or similar purposes.
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The Grantee
will not permit the condition of the surface of the said lands or any
part thereof to be in such a condition to be below the standard of
landscaping of the surface of the lots which is normally found in a
first class residential neighbourhood. The Grantee shall be
responsible for landscaping between the ditch and the streetline
abutting his property. The front and side yards shall be fully
landscaped and the rear yard shall be landscaped for a distance of
twenty (20) feet from the rear of the dwelling. All landscaping of
disturbed areas shall be effected through the installation of sods.
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The Grantee
shall meet any and all requirements imposed on his individual lot by
the Nova Scotia Department of Environment, including but not limited to:
(i) Access to
each lot shall be restricted to one driveway. Prepare driveway with a
layer of filter fabric covered with three (3") to six (6")
inches of surge rock. Maintain rock surface during construction.
(ii) Remove
and or, refrain from storing earthen fill material next to the curb.
When at all possible, pile fill towards the rear and sides of the lot
until needed for landscaping. Cover fill material with plastic
sheeting or other material to protect from rainfall. Maintain soil
stabilization measures until ready to sod.
(iii) When
de-watering foundations or pits, pump the water into vegetative
section or through three (3) cubic yards of one (1) inch clean
crushed stone.
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No satellite
dish or other external electronic receiving equipment shall be
permitted on the property.
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Any damage to
any of the municipal services which have been installed by or on
behalf of the Armoyan Group Limited (which services shall include,
but are not limited to, water service, lines and curb stops) caused
by the Purchaser, or by any person working or engaged on its behalf,
shall be repaired at the expense of the Purchaser. If the Purchaser
does not effect such repairs within a reasonable time upon notice
from Armoyan Group Limited, then Armoyan Group Limited may repair the
same and recover the cost thereof from the Purchaser.
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The Grantor
may alter, waive or modify any of the foregoing building and other restrictions.
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"Grantor"
means the Armoyan Group Limited. "Grantee" means the
grantee and successors in title.
