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Appendix Page 1
Single family homes, West Spruce Valley Drive
Article 1
Definitions
Notice of Restrictive Covenant
For the purpose of this grant of Restrictive Covenant, the following definitions shall apply:
“The Lands” shall mean and refers to those Lands owned by her Majesty the Queen in Right of the Province of Alberta as represented by the Associate Minister of “Public lands and Wildlife” at the time of the grant of these Restrictive Covenants or any portion thereof more particularly described in Schedule “A” hereto, and forming a part thereof.
“Development” means and includes the carrying out of any construction or excavation in or upon the Lands or any portion thereof or the construction of any improvements upon or in the Lands.
“The Queen” means and includes her Majesty the Queen in Right of the Province of Alberta as represented by the Associate Minister of Public Lands and Wildlife, its successor in title thereto.
“Purchaser” includes any person including any person sole, corporation, cooperative, or partnership who or that acquires any interest in the Lands whether suitable or legal, or in any portion thereof and any successor in title thereto.
“Saprae Creek” means Saprae Creek Cooperative Ltd. and the developer, its successors and assigns.
Article 11
Grant of Covenants
Whereas:
a) The Queen is registered owner of the Lands located in the Province of Alberta, legally described as Sections 25, 26, and 27, Township 88, Range 8 West of the Fourth Meridian;
b) Saprae Creek by agreement with the Queen in purchasing said Lands;
c) Saprae Creek, pursuant of the terms thereof, proposes to create a building scheme respect of the development standards as contained herein and to make the same binding upon the Purchases of the Lands;
d) It is desirable that the Queen annex to the lands certain conditions and covenants restrictive in nature on respect of occupation and improvement of the Lands and the improvements be erected thereupon and therein as hereinafter set forth for the benefit of the lands and the Purchasers of the lands, and it is desirable that the restrictive conditions and covenants be enforceable between themselves by the owners for the time being of the Lands, and that the Queen and Saprae Creek and any and all of the Purchasers of the Lands be bound by the said restrictive conditions and covenants.
NOW THEREFORE the Queen, by virtue of section10 of the law of the Property Act, on behalf of itself and its successors in title to the Lands and each and every part hereof, hereby annexes to each and every portion of the Lands following Restrictive Covenant
IT IS THE EXPRESS INTENTION OF THE QUEEN on behalf of itself and its successors in title to the Lands, THAT THE BURDEN OF THESE COVENANTS SHALL RUN WITH AND BIND THE LANDS AND EACH AND EVERY PART THEREOF, AND THAT THE BENEFIT THEREOF SHALL BE ANNEXED TO AND DEVELOPED WITH THE LANDS AND EACH AND EVERY PART THEREOF.
Article 111
The Lands shall be used for country residential purposes only, and shall not at any time be used for trade or business purposes.
No part of any building shall be erected nor any clearing of land nearer that 20 feet or 6 metres from any side or rear boundary, and 35 feet or 10 metres from any boundary paralleling a roadway.
The minimum area of building to be used as a residence shall be 1,100 square feet or 100 square metres.
The residence shall be completed in accordance with the plans and specifications within one year (365 days) from the date of the issuance of a building permit.
No building shall be deemed complete until the grounds, lawns and shrubs surrounding the building are improved and landscaped in such manner as is in keeping with the general appearance of the surrounding Lands: such improvements and landscaping to be completed within a period of three years from the issuance of the building permit.
A residence on any lot in the development. Upon receipt consent of the developer, temporary accommodations, including travel trailers or mobile homes, will be permitted during construction of a permanent residence but will only be permitted on site until basement or foundation and sub floor are complete.
All fences shall be of such construction and design as to be in keeping with the general appearance of the surrounding Lands.
All buildings and fencing shall at all times be kept is good repair and superior state of repair. No buildings, objects, materials or vehicles of any unsightly nature, shall be moved or stored upon the Lands. The entire site area, property and landscaping shall at all times be maintained in a neat and tidy manner.
Sewage systems for each lot within the subdivision shall conform to desired standards as prescribed by permit from the Plumbing Inspection Branch of the Province of Alberta by the Improvement District #18 and the applicable Utility jurisdiction.
No hobby farming shall be allowed on any lot in the development. Owners of any lot make keep domestic animals, but domestic animals are restricted to dogs, cats, and horses.
The above obligations are to maintain and to facilitated the orderly development and a high standard for the above described Lands and premises. And shall bind each and every subsequent owner or interested party to each and every other owner or owners of the lands and premises hereinbefore described, and should any owner breach these standards, then the other owners may proceed against him in law to enforce the maintenance of the said standards above set forth.
These Restrictive Covenants are meant to maintain minimal standards of construction and development of the lands and shall be at all times be subject to the requirements of the Improvement District #18 or other government body wherever the same require maintenance or higher standards.
Dated at the City of Fort McMurray, in the Province of Alberta, this 15th day of October, 1985.