Protective Covenants
The Transferee covenants with the Transferor to observe and comply with the following covenants, conditions, liabilities and obligations, the burden of which shall run with the specified parcel (“parcel”). This covenant is for the mutual benefit and protection of the owners, present and future of parcels which are created in the course of the development of a portion of the lands registered in the Charlotte County Land Titles Office as document number 27545657, which such development is hereinafter referred to as the “Utopia Estates development”. This covenant and the covenants, conditions, liabilities and obligations hereinafter set forth shall be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. 1.No main building other than a single family dwelling may be constructed on each parcel and no more than two secondary detached building, such as a garage and storage facility, may be erected on any one parcel.
No main building other than a single family dwelling may be constructed on each parcel and no more than two secondary detached building, such as a garage and storage facility, may be erected on any one parcel. 2.The Transferee agrees that no house shall be erected on the parcel having a living space less than 1200 square feet (the measurements shall be the inside wall measurements not including the foundation, garage. attic, basement, porch, veranda or sun room).
The Transferee agrees that no house shall be erected on the parcel having a living space less than 1200 square feet (the measurements shall be the inside wall measurements not including the foundation, garage. attic, basement, porch, veranda or sun room). 3.All buildings constructed on the property shall have a minimum setback of one-hundred (100) feet from the high water-line and there shall be no building of any kind within twenty five (25) feet of the property boundary lines.
All buildings constructed on the property shall have a minimum setback of one-hundred (100) feet from the high water-line and there shall be no building of any kind within twenty five (25) feet of the property boundary lines. 4.No trees on the parcel shall be cut for commercial purposes. Trees may be removed for judicious thinning or to create room for structures, septic beds or driveways and only as necessary so as not to unnecessarily disrupt the integrity of the forest.
No trees on the parcel shall be cut for commercial purposes. Trees may be removed for judicious thinning or to create room for structures, septic beds or driveways and only as necessary so as not to unnecessarily disrupt the integrity of the forest.5.The parcel or any buildings erected on the parcel shall not be used for the purpose of any trade, service, manufacture or business of any description, nor as a hotel, apartment house or rooming house, nor shall anything be done or permitted upon the said parcels buildings erected which shall be a nuisance to the occupants of any neighboring lands or buildings.
The parcel or any buildings erected on the parcel shall not be used for the purpose of any trade, service, manufacture or business of any description, nor as a hotel, apartment house or rooming house, nor shall anything be done or permitted upon the said parcels buildings erected which shall be a nuisance to the occupants of any neighboring lands or buildings. 6.No trailers, campers or mini homes shall be permitted on the parcel for residential purposes.
No trailers, campers or mini homes shall be permitted on the parcel for residential purposes. 7.No birds or animals shall be kept on the parcel except dogs, cats and small birds as household and family pets.
No birds or animals shall be kept on the parcel except dogs, cats and small birds as household and family pets.8.No refuse, building waste, car bodies, garbage or obnoxious and unsightly materials of any kind may be dumped or stored on the parcel. All refuse placed outside of the dwelling shall be kept in a garbage enclosure specifically for that purpose.
No refuse, building waste, car bodies, garbage or obnoxious and unsightly materials of any kind may be dumped or stored on the parcel. All refuse placed outside of the dwelling shall be kept in a garbage enclosure specifically for that purpose.9.The Transferee shall meet any and all requirements imposed on the parcel by any governmental authority including the New Brunswick Department of the Environment, such as obtaining permits prior to commencing any work in or around the immediate vicinity of any watercourses.
The Transferee shall meet any and all requirements imposed on the parcel by any governmental authority including the New Brunswick Department of the Environment, such as obtaining permits prior to commencing any work in or around the immediate vicinity of any watercourses. 10.A residents association of the parcel owners in the Utopia Estates development will be put in place at some future time to administer the covenants set out herein. The owner of each parcel in the Utopia Estates development will enjoy one vote per parcel in the residents association. The Transferee hereby consents to participate in and contribute funds to the residents association on an annual basis. Such funds shall be in an amount equal to each parcel owner’s proportionate share of the annual expenses and fees as determined by the residents association. The residents association will, on behalf of the parcel owners, collect the monies and use such funds to pay for road maintenance, including plowing, and other expenses deemed necessary within the Utopia Estates development. The residents association shall have the right to enforce, by any proceeding at law or in equity, these restrictions, conditions and covenants now or hereafter imposed by the provisions of these covenants and the residents association.
A residents association of the parcel owners in the Utopia Estates development will be put in place at some future time to administer the covenants set out herein. The owner of each parcel in the Utopia Estates development will enjoy one vote per parcel in the residents association. The Transferee hereby consents to participate in and contribute funds to the residents association on an annual basis. Such funds shall be in an amount equal to each parcel owner’s proportionate share of the annual expenses and fees as determined by the residents association. The residents association will, on behalf of the parcel owners, collect the monies and use such funds to pay for road maintenance, including plowing, and other expenses deemed necessary within the Utopia Estates development. The residents association shall have the right to enforce, by any proceeding at law or in equity, these restrictions, conditions and covenants now or hereafter imposed by the provisions of these covenants and the residents association. 11.The Transferor may, in its absolute discretion, waive any one or more of the above noted covenants if, in the opinion of the Transferor, the circumstances so warrant and provided that in the Transferor’s opinion waiving such covenant for one or more parcel owner will not negatively affect the development as a whole.
The Transferor may, in its absolute discretion, waive any one or more of the above noted covenants if, in the opinion of the Transferor, the circumstances so warrant and provided that in the Transferor’s opinion waiving such covenant for one or more parcel owner will not negatively affect the development as a whole.