restrictive covenants
THESE RESTRICTIVE COVENANTS ARE NOT THE RULES OF THE PROPERTY OWNERS' ASSOCIATION. THEY ARE A REGISTERED SERVITUDE ON YOUR PROPERTY, INDEPENDENT OF THE PROPERTY OWNERS ASSOCIATION.
THE RESTRICTIVE COVENANTS ARE ENFORCEABLE BY THE COURTS PURSUANT TO A REGISTERED SERVITUDE ON YOUR PROPERTY.
YOUR NOTARY SHOULD HAVE MADE YOU AWARE OF THESE RESTRICTIVE COVENANTS WHEN YOU PURCHASED YOUR PROPERTY.
BY PURCHASING YOUR PROPERTY, YOU BOUND AND OBLIGED YOURSELF TO RESPECT THE FOLLOWING RESTRICTIVE COVENANTS:
1. The Purchaser shall become a member of and subscribe to the annual fee required by the "Property Owners Association of Mont-Cascades", in view of assuring the protection of the wildlife, restoration of fish in the lakes and to enable such association to maintain blocks of land in the subdivision which may be designated by the vendor for the exclusive use of all owners of lots in the said subdivision. The Purchaser shall in this regard be governed by the constitution and by-laws of the property owners association.
2. The Purchaser agrees when requested to permit the Vendor, its agents, assigns or successors, the right to install and maintain, with as little inconvenience to the owner as possible, in, on, upon and across the said immoveable; posts with anchors and accessories with aerial lines for the transmission of electrical energy and/or telephone, surface or underground hoses or pipes and accessories for electrical, telephone, water, sewer and other public utility facilities; the whole without indemnity.
3. The Purchaser shall make application for a building permit to the Town of Cantley prior to commencing construction and the Purchaser shall install at his own expense a driveway tile or culvert at laneway entrances as required by the Town of Cantley, vendor, or other governing body.
4. The following building restrictions shall apply to the property described in this offer. No construction of a building or structure or addition or alteration thereto shall be commenced on the land unless or until:
a) Its location on the land and the location of the well and septic tank have been approved in writing by the Vendor or the Vendor's house plan review committee or other governing body.
b) Its plans, specifications, general design and colours have been approved in writing by the Vendor or the Vendor's house plan review committee.
c) The location of driveway(s) shall be approved in writing by the Vendor or the Vendor's house plan review committee.
Such building or structure shall be built and such additions or alterations made in strict conformity with such plans, specifications and locations as approved by the Vendor.
5. The Vendor shall have a minimum of ten working days from receipt of all the information required in section in section four above in which to assess the plans and specifications.
6. The following minimum set backs shall be maintained a) 30 feet from road rights of way: b) 15 feet from interior lot lines. c) 100 feet between any well or water course and the septic bed (field). These minimums are guidelines which may be changed at the discretion of the Vendor.
7. No soil, sand or gravel shall be removed from the land except as part of the excavation without the consent in writing of the Vendor.
8. No living tree, 5" diameter or more, other than those standing in the area to be excavated for the erection of a building shall be cut down. removed or injured without such consent in writing of the Vendor. Subject to the exception as aforesaid if any tree or trees are cut down, removed or injured without such consent having first been obtained, the Purchaser shall forthwith replace the same under the supervision and to the satisfaction of the Vendor, or the Vendor's duly authorized agent.
9. No fence shall be erected on the land unless its design and location have been approved in writing by the Vendor and such fence must be erected in the approved location in accordance with such design.
10. The purchaser agrees to comply with all requirements of the Town of Cantley, the Province of Quebec and the Vendor's requirements concerning sewage disposal. Outdoor privies shall not be constructed on the premises. If required by the Provincial Sanitary Health Unit, the Town of Cantley or the Vendor, the Purchaser shall retain the services of a competent professional engineer to design a septic system for the residence which he constructs. The cost of such engineering will be at the expense of the purchaser.
11. All garbage shall be disposed of in a sanitary way only on lands specifically designated by the Vendor or the Town of Cantley for such purposes. This procedure shall continue until such time as a pick-up garbage service or other sanitary disposal service is established and organized.
12. The Purchaser covenants and agrees that only one single-family residence shall be constructed on any one lot; such lot shall not be further subdivided under any circumstances whatsoever.
13. No building erected on the said lands as a place of human habitation shall have a floor area of less than 900 square feet exclusive of basement, veranda or attic. No building shall be used for habitation until a septic tank and cold water plumbing is installed and operating.
14. No building or structure erected on the property shall have an exterior finish other than brick, stone, log, or wood siding or any other material of equivalent quality as may be permitted by the Vendor or the Vendor's House Plan Review Committee. Any log or wood siding shall be well treated and properly maintained with preservatives such as paint, varnish or stain within three months of erection.
15. No temporary building, tent or trailer of any kind shall be allowed on the lands herein described except while construction is in progress. All construction shall be completed within twelve months of commencement at which time such temporary building, tent or trailer shall be removed.
16. The Purchaser covenants and agrees that no part of the property nor any building or structure erected thereon shall be used for the purpose of any trade or commercial business or for any other purposes than of a private residence and for facilities required in connection therewith; nor shall anything be done or permitted upon the property or any building or structure erected thereon which shall be an annoyance or nuisance to the occupants of neighbouring lands. [See resolution passed by the MCPOA]
17. The Purchaser will not block any road ditches but will maintain them in such condition as to permit the free flow of surface water. The Purchaser will not pile any supplies of bricks, stone, lumber or other materials in any location that will interfere with the installation of services.
18. No signs of any kind shall be erected on any lot except normal "For-Sale" signs and personal name signs. No such sign shall exceed eighteen inches by twenty-four inches in size.
19. The Purchaser covenants and agrees that he will not permit domestic pets (dogs and cats) to run free so that they may harass or destroy wildlife living in and around the development.
20. The Purchaser covenants and agrees that he will not make or start a fire for bush clearing or any other purposes except cooking without previously obtaining a permit from the Vendor or Town of Cantley or other public body assuming the responsibility for such matters.
21. The Purchaser covenants and agrees that neither he nor his guests, agents or servants shall use motorized vehicles of any nature or kind on trails designated by the Vendor for cross-country skiing, horseback riding or walking purposes.
22. The Purchaser shall have access and use of Pike Lake, Trout Lake and the Cantley River on accesses provided by the Vendor. The Vendor reserves the right to change at his discretion from time to time such accesses. In order to protect the ecology and marine life of these lakes, no motor operated boat or similar water-born conveyance shall be operated or permitted on the lakes.
23. The Purchaser covenants and agrees that under no circumstances will he cause or permit any natural watercourse or ditch to be dammed on the property for the purpose of creating a pond.
24. The Vendor may waive, alter or modify these restrictions in respect to any lot or lots without notice to the owner of any other lot or lots so long as the Vendor retains ownership of any of the lands above described now owned by the Vendor.
25. The Purchaser agrees to obtain from any subsequent purchaser or transferee from him a covenant to observe the building restrictions herein set forth including this clause.
26. These conditions and restrictive covenants shall endure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns as the case may be.
27. To assure the execution of Clauses 1 to 26, a servitude is to be established effecting the immoveable in favour of the adjoining lands and furthermore in order to assure the uniformity of deeds, restrictive covenants and conditions, the final deed to be granted in conformity with this present Agreement shall be made and executed before a notary at the choice of the Vendor.
28. It is understood and agreed that this Agreement of Purchase and Sale shall endure to the benefit and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns as the case may be.
29. This Agreement of Purchase and Sale shall be read with all changes of gender and number required by the context.
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