Chain Link Fence

."
Chaparral
Valley Phase I
Schedule
I
RESTRICTIVE COVENANT AS TO USE OF LAND
MEMORANDUM OF AGREEMENT made this
,Rnd day of
Ab~,
2007.
BETWEEN:
j
1246659 ALBERTA LTD, a body corporate with an office in the
City of Calgary, in the Province of Alberta (hereinafter called the
"Grantor")
OF THE FIRST PART
- and1246659 ALBERT A LTD, a body corporate with an office in the
City of Calgary, in the Province of Alberta (hereinafter called the
"Grantee")
OF THE SECOND PART
WHEREAS the Grantor is the registered owner of those certain lands (the
"Servient Lands") in the Province of Alberta described in Schedule "A" attached hereto and
fanning an integral part hereof and each lot comprising the Servient Lands is hereinafter
sometimes called a "Lot" and collectively the "Lots";
AND WHEREAS the Grantee is the registered owner of those certain lands (the
"Dominant Lands") in the Province of Alberta described in Schedule "B" attached hereto and
forming an integral part hereof;
AND WHEREAS the Grantor holds title to the Dominant Lands in trust for
Genstar Development Company, the developer of the subdivision in which the Dominant Lands
and Servient Lands are located (and in such capacity, is sometimes hereinafter referred to as
"Genstar");
"
AND WHEREAS those certain Lots listed in Schedule "C" hereto are hereinafter
called the "Feature Fence Lots";
AND WHEREAS those of the Lots listed in Schedule "D" hereto are hereinafter
called the "Wood Screen Fence Lots";
AND WHEREAS those of the Lots listed in Schedule "E" hereto are hereinafter
called the "Chain Link Fence Lots";
- 2-'
AND WHEREAS those of the Lots listed in Schedule "F" hereto are hereinafter
called the "Walkway Fence Lots";
AND WHEREAS the Grantor does agree to restrict its right of use and
development of the Lots by prohibiting the construction of certain improvements or the
placement of non-permanent structures and chattels on the yards of the Lots, and to prohibit the
alteration or disrepair of certain fencing on certain of the Lots.
NOW THEREFORE this Agreement witnesseth that in consideration of the
premises and as authorized by the Land Titles Act of the Province of Alberta, the Grantor being
the registered owner of all the lands comprising the Servient Lands does, for itself, its successors
in title and assigns of the Servient Lands, and each Lot, covenant and agree with the Grantee and
its successors in title and assigns to observe and be bound by the following covenants:
ARTICLE 1
SATELLITE DISHES, CLOTHES LINES AND ANTENNA
1.1
Notwithstanding any land use or development by-law of the City of Calgary, no satellite
dish over 18" in diameter, clothes line, television antenna, short wave radio antenna or any
communication antennae of any size or type shall be installed, erected or be allowed to remain
on any of the Lots.
1.2
Notwithstanding any land use development by-law of the City of Calgary, no carport,
playhouse, gazebo, shed or other storage structure shall be erected or constructed on any of the
Lots.
ARTICLE 2
GARAGES AND RECREATIONAL VEHICLES
2.1
Notwithstanding any land use or development by-law of the City of Calgary, no garage
shall be constructed on any of the Lots unless the plans and specifications of such garage is
approved in writing by Genstar prior to the commencement of construction thereof.
2.2
No motor home, utility trailer or recreational vehicle of any size, shape or form shall be
allowed to remain on any of the Lots unless housed at all times within a fully enclosed garage,
the design of which must be approved by Genstar or its successors or assigns.
ARTICLE 3
FENCING
3.1
The Grantor acknowledges that Genstar may be constructing feature fencing on a portion
the side yard of the Feature Fence Lots where such lots abut a municipal roadway, which fencing
may be designed, located and constructed in Genstar's sole discretion, but shall generally be 1.8
metres high and constructed in accordance with the specifications shown in Schedule "G" hereto,
some of which may also include stone tile pillars (the "Feature Fence"). The Grantor agrees to
allow the initial construction of the Feature Fence and its continued existence. Further, it shall
be the responsibility of the Grantor and subsequent owners of the Feature Fence Lots to properly
/01l6J34.v/
,
-3maintain, repair, rebuild and otherwise keep the Feature Fence in good condition in accordance
with the details and specifications shown in Schedule "G".
3.2
The Grantor acknowledges that Genstar may be constructing wood screen fencing on the
rear yard of the Wood Screen Fence Lots where they abut another residential lot or multi-family
site, which fencing may be designed, located and constructed in Genstar's sole discretion, but
shall generally be 1.8 metres high and constructed in accordance with the specifications shown in
Schedule "HI! hereto, some of which may also include stone pillars (the "Wood Screen Fence").
The Grantor agrees to allow the initial construction of the Wood Screen Fence and its continued
existence. Further, it shall be the responsibility of the Grantor and subsequent owners of the
Wood Screen Fence Lots to properly maintain, repair, rebuild and otherwise keep the Wood
Screen Fence in good condition in accordance with the details and specifications shown in
Schedule "H".
3.3
The Grantor acknowledges that Genstar may be constructing chain link fencing on the
rear yards of the Chain Link Fence Lots where they abut a municipal reserve parcel,
environmental reserve parcel or the Blue Devil Golf Course, and a portion of the side yards of
such Chain Link Fence Lots, which chain link fencing may be designed, located and constructed
in Genstar's sole discretion, but shall generally be 1.2 metre high black vinyl chain link fencing
(the "Chain Link Fence"). The Grantor agrees to allow the initial construction of the Chain Link
Fence and its continued existence.
Further, it shall be the responsibility of the Grantor and
subsequent owners of the Chain Link Fence Lots to properly maintain, repair, rebuild and
otherwise keep the Chain Link Fence in good condition in accordance with the details and
specifications shown in Schedule "I".
3.4
The Grantor acknowledges that Genstar may be constructing walkway fencing on the side
yard of the Walkway Fence Lots where they abut a public walkway, which fencing may be
designed, located and constructed in Genstar's sole discretion, but shall generally be wood screen
fencing constructed in accordance with the specifications set forth in Schedule "J". The Grantor
agrees to allow the initial construction of the Walkway Fence and its continued existence.
Further, it shall be the responsibility of the Grantor and subsequent owners of the Walkway
Fence Lots to properly maintain, repair, rebuild and otherwise keep the Walkway Fence in good
condition in accordance with the original details and specifications shown in Schedule "J" in the
case of the wood screen fence.
ARTICLE 4
GENERAL
4.1
The Grantor covenants and agrees with itself, its successors and assigns in title to observe
and be bound by the covenants contained herein PROVIDED THAT the said covenants shall be
personally binding upon the Grantor and its successors and assigns in title only while and so long
as it remains the owner of the Lots, and the said covenants shall be construed to be and shall be
covenants running with the Servient Lands and shall be appurtenant to other lands in the
Evergreen Subdivision and to all of the Dominant Lands.
4.2
Genstar may, with respect to any breach of the obligations by the owner or owners of the
Lots enforce the provisions of this restrictive covenant and may, in addition to any other remedy
/OU6,,1.,-/
-4-
that may be available at law, apply to a Court of competent jurisdiction to restrain such breach by
injunction. Genstar shall have no duty to enforce the provisions of this restrictive covenant and
no action shall lie against it with respect to enforcement of this restrictive covenant and this
clause shall be an absolute defence to any such action.
4.3
If any provision of this Restrictive Covenant Agreement shall be determined by a Court
of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this
Agreement shall not be affected thereby and each provision hereof shall be enforced to the fullest
extent permitted by law.
4.4
Words herein importing a number or gender shall be construed in grammatical
conformance with the context of the party or parties affected by this Agreement from time to
time.
4.5
This Restrictive Covenant is granted by the Grantor in accordance with the provisions of
section 71(1) of the Land Titles Act (Alberta) R.S.A. 1980, Chapter L-5.
4.6
This Restrictive Covenant may be registered per se or by way of a Caveat by Genstar
against the Lots in the Land Titles Office for the South Alberta Land Registration District.
4.7
In Genstar's sole discretion, Genstar may at any time during the currency of this
restrictive covenant, delegate the authority to enforce the provisions hereof to a group of
individuals representative of owners of lots located within the Dominant Lands, which group of
landowners shall be chosen by Genstar in its sole discretion (the "Committee").
After such
delegation, the Committee shall determine the terms of reference by which the composition of
the Committee shall be reconstituted in the future, provided that at all times, the Committee shall
be composed entirely of individuals owning lots within the Dominant Lands or individuals
designated as representatives of corporations owning lots within the Dominant Lands.
4.8
Notwithstanding anything to the contrary herein, Genstar (or the Committee, if Genstar
has effected the delegation contemplated by clause 4.7 hereof) may, in its sole discretion,
determine that the covenants herein contained shall no longer bind the Servient Lands and
accordingly abandon any and all rights and obligations herein contained. Such determination
shall be effective as and from the date that notice in writing to that effect is advertised in a daily
circulation newspaper in the City of Calgary. Genstar shall have no obligation to remove this
Restrictive Covenant or any caveat pursuant hereto from title to the Servient Lands
notwithstanding such determination.
/111165).1,./
"
-5-
C)0:ateseaIS
IN WITNESS WHEREOF, the Grantor and Grantee have caused their respective
to be affixed by their duly authorized officers in this behalf this Bl1d day of
~2007.
I
GRANTOR:
1246659ALBERTA L
Per:
'9W"'~
~
Per:
GRANTEE:
1246659ALBERTA LT~f
Per:
~/4'
per:~
/006JJ4.v/
._---------------------------------_.
__ ._..
ISSIREV: A
UMA FILE NAME:
Saved By: tedi(MIs
0699·885·00_04·L·F005_RX.dwg
2"X6"WOOD
TOP RAIL ____________
4- X S- WOOD POST ---------,
-
2"X6"WOOD
NAILERS
A SIZE 8.5" x 11' (215.9mm x 279.4mm)
PLOT: 07110125 9:54:16 AM
2" X 6" WOOD TOP RAIL ---.
2" X 6" WOOD NAILERS
~?'
<-;
2500
~~
2"X6"WOOD
ANGLED
CROSS BEAM
4"X6"
WOOD
POST IN
ELEVATION
2"XS"WOOD
ANGLED
CROSS BEAM
(IN ELEVATION)
TILE STARTS
MIN. 25mm
ABOVE GRADE
2" X 6" ATTACHED
TO PILLAR (TYP.)
FRAMED 5/8" PRESSURE
TREATED PLYWOOD, ON
CONCRETE FOOTING WI
PILE EXTENDING 2.1 m
BELOW GRADE
'" X6" WOOD
PlANK
/ ~~
2"XS"WOOD
NAILERS
IL
BACK
~
200
mm
400
1"XS"WOOD
PLANK
Z
~
~
FRONT
FEATURE FENCE WITH OR WITHOUT STONE PILLARS
SECTION
o
2"x6"WOOD
BOn-OM RAILS
~mm
SCALE 1:20
o
SCALE1:50
SIC
1000
1500 mm HEIGHT
FENCE
STONE:
MANUFACTURE:
CORONADO. ph. 403-203-0881
PATTERN: MOUNTAIN LEDGE
COLOUR:
RUNDLE
LUMBER:
TYPE:
GRADE:
FINISH:
CEDARS4S
C SELECT
LlFETlME®
WOOD TREATMENT
NOTE:
STONE PILlAR MAY BE
SUBSTITUTED FOR A 6"xS"
WOOD END POST.
Genstar Development Company
Chaparral Valley
Community Concepts & Themes
Fences
UMA
AECOM
Feature Fence With & Without Pillars
Schedule - G
-------~I_)~.------------------------~' J~--------------------------~~
ISS/REV: A
UMA FILE NAME:
0699-885-00_04-L-F006_RX.ctwg
Saved By: lY""iley
A SIZE 8.5' x 11· (215.9mm x 279.4mm)
PLOT:07/11J0212:51:28 PM
4· X 6' WOOD POST ---
.
2" X 6" WOOD TOP RAIL --~
2" X 6" WOOD NAILERS
2500
2"
X
6" CROSS BEAM
WOOD.
WOOD SCREEN FENCE
LFL=:J mm SCALE 1:50
o
5W
lOW
1 BOO mm HEIGHT
lYPE:
GRADE:
FINISH:
CEDARS4S
C SELECT
LlFETIME®
WOOD TREATMENT
Genstar Development Company
Chaparral
Valley
Community Concepts & Themes
Wood Screen Fence
UMA
AIECOM
Schedule - H
ISS/REV: A
UMA FILE NAME:
0699-885-00
04-l-FOOB_RX.dwg
PLOT: 07/101241:43:18
Saved By: fediows
PM
A SIZE 8.5' x 11' (215.9nvn x 279.4mmj
CHAIN LINK FENCE -------.
VINYL COATED FABRIC ---,
BOTTOM CABLE ----/
CHAIN LINK FENCE
LF"L=:::J
o
300
mm
SCALE
1:30
600
1200 mm HEIGHT
BLACK VINYL COATED
Genstar Development Company
Community
Chaparral Valley
Concepts & Themes
Chain Link Fence
Schedule -I
UMA AECOM
___
..;..J'l,
).--------------
•..
_-J---------------
.
)
•
ISSIREV: A
UMA FILE NAME:
0699-885-00_04-L-F004_RX.dwg
Saved By: pwiley
A SIZE8.5' x 11' (215.9mmx 279.4mm)
PLOT: 07/11/02 3:20:11 PM
4- X 6- WOOD POST ~
2" X 6- WOOD TOP RAIL
.
2" X 6" WOOD NAILER ~
2500
\
~I
~
~
n
~ "~
~
,
J-t ~
*,~~
~~lIffll ~~~:Tf'
@
......•
~
<,
T'
.
fJh:
~
j
I
2 X 6" WOOD CROSS BEAM ~
WALKWAY WOOD SCREEN FENCE
L:::f=L::::J
o
SOO
mm
1000
SCALE
1:SO
WOOD.
TYPE:
GRADE:
FINISH:
CEDARS4S
CSELECT
LlFETIME®
WOOD TREATMENT
Genstar Development Company
Chaparral Valley
Community Concepts & Themes
Walkway Fences
UMA
I
AECOM
Schedule - J
',
1246659 ALBERTA LTD.
CAVEAT
MACLEOD DIXON
BARRISTERS & SOLICITORS
#3700,400 - 3rd Avenue S.W.
Calgary, Alberta
T2P 4H2
File: 178456 SGR
R;IRUSIlFOK1GENSTAR
NEWlCAVMTSlCAVEAT-4<
CIIAd ••
CANADA
)1, Stephen G. Raby, Solicitor
)of the City of Calgary, in the Province of
PROVINCE OF ALBERT A
TO WIT:
)Alberta, MAKE OATH AND SAY AS
FOLLOWS:
1.
I am the agent for the above-named Caveator.
2.
I believe that the said Caveator has a good and valid claim upon the said land and I say
that this Caveat is not being filed for the purpose of delaying or embarrassing any person
interested in or proposing to deal therein.
SWORN before me at the City of Calgary,
in the Province of Alberta, this 25th
day of October, 2007.
)
)
)
A COMMISSION
KATHRYN L. RUSHFORD
A~issionerforOaths.,
My CommISSIOn Expires Jutt 29.
lOD
r~
Q
f
=
=
:>:CJ
:;0
<,
o
::IE
:>:-
•...•
z
:::0
rn
10
!\;IRUSHFOKIGENSTAR,NEWlCA
oc
VEAJ"S\Cr\ VEAT.oI5 CIIA·d
ALBERTA GOVERNMENT SERVICES
LAND TITLES OFFICE
IMAGE OF DOCUMENT REGISTERED AS:
071607913
ADVISORY
This electronic image is a reproduction of the original document
registered at the Land Titles Office. Please compare the registration
number on this coversheet with that on the attached document to ensure
that you have received the correct document. Note that Land Titles Staff
are not permitted to interpret the contents of this document.
Please contact the Land Titles Office at (780) 422-7874 if the image of the
document is not legible.
CAVEAT FORBIDDING REGISTRATION
TO THE REGISTRAR
OF the South Alberta Land Registration District
TAKE NOTICE that 1246659 ALBERTA LTD. of #100, 280 Midpark Way S.E., Calgary,
Alberta, T2X 2B5, claims an interest in the under-mentioned lands under and by virtue of a
Restrictive Covenant as to Use of Land made by 1246659 Alberta Ltd. as Grantor and 1246659
Alberta Ltd. as Grantee, a true of which is attached hereto and marked as Schedule "1":
FIRSTLY:
en
PLAN
I 0'32.'3
BLOCK 2
LOTS 3 TO 72 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
SECONDLY:
PLAN
OJ 16'323
BLOCK 3
LOTS 1 TO 40 INCLUSIVE and
LOTS 43 TO 151 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
Standing in the register in the name of 1246659 Alberta Ltd. and it forbids the registration of any
person as transferee or owner of, or of any instrument affecting the said estate or interest, unless
the instrument or certificate of title, as the case may be, is expressed to be subject to its claim.
WE APPOINT STEPHEN G. RABY, MESSRS. MACLEOD DIXON, Barristers and
Solicitors, 3700,400 - 3rd Avenue S.W., Calgary, Alberta T2P 4H2 as the place at which notices
and proceedings relating hereto may be served.
DATED this 25th day of October, 2007.
1246659 ALBERTA LTD.
By its Solicitor and Agent
Macleod Dixon
Per:
R;IRIISHFOKlGENSTt\R
NEWlCAVMTSICAVMT-45
ClIA.doc
-5 IN WIlNESS
c;zorate
WHEREOF, the Grantor and Grantee have caused their respective
seals to be affixed by their duly authorized officers in this behalf this
and day of
~2007.
I
GRANTOR:
1246659ALBERTAL~~
Per:
~
Per:
GRANTEE:
1246659ALBERTA L~f
~/4'
Per:
Per:
(ifi;ft4
IOtI6!J4.,/
------
------
---~
SCHEDULE "A" TO A RESTRICTIVE COVENANT
AGREEMENT MADE THIS 6( h d
DA Y OF
~)2007
LEGAL DESCRIPTION
OF SERVIENT LANDS
FIRSTLY:
PLAN
_
BLOCK 2
LOTS 3 TO 72 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
SECONDLY:
PLAN
_
BLOCK 3
LOTS 1 TO 40 INCLUSIVE, LOTS 43 TO 151 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
IM6JJ4.vl
~--------------------------.
ALBERTA GOVERNMENT SERVICES
LAND TITLES OFFICE
IMAGE OF DOCUMENT REGISTERED AS:
071607914
ADVISORY
This electronic image is a reproduction of the original document
registered at the Land Titles Office. Please compare the registration
number on this coversheet with that on the attached document to ensure
that you have received the correct document. Note that Land Titles Staff
are not permitted to interpret the contents of this document.
Please contact the Land Titles Office at (780) 422-7874 if the image of the
document is not legible.
CAVEAT FORBIDDING
REGISTRATION
TO THE REGISTRAR OF the South Alberta Land Registration District
TAKE NOTICE that 1246659 ALBERTA LTD. of #100, 280 Midpark Way S.E., Calgary,
Alberta, T2X 2B5, claims an interest in the under-mentioned lands under and by virtue of a
Restrictive Covenant re Parkside Lots made by 1246659 Alberta Ltd. as Covenantor, a true of
which is attached hereto and marked as Schedule "1":
FIRSTLY
PLAN
01/ b"3 Z3
BLOCK 2
LOTS 3 TO 12 INCLUSIVE, LOTS 19 TO 28 INCLUSIVE AND
LOTS 58 TO 65 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
SECONDLY·
PLAN
I {, '3 2-3
BLOCK 3
LOTS 15 TO 40 INCLUSIVE, LOTS 43 TO 59 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
en
Standing in the register in the name of 1246659 Alberta Ltd. and it forbids the registration of any
person as transferee or owner of, or of any instrument affecting the said estate or interest, unless
the instrument or certificate of title, as the case may be, is expressed to be subject to its claim.
WE APPOINT STEPHEN
G. RABY, MESSRS. MACLEOD
DIXON, Barristers and
Solicitors, 3700, 400 - 3rd Avenue S.W., Calgary, Alberta T2P 4H2 as the place at which notices
and proceedings relating hereto may be served.
DATED this 25th day of October, 2007.
1246659 ALBERTA LTD.
By its Solicitor and Agent
Macleod Dixon
Per:
R·\RVSIlFOK'GENSTAR.NEW,CAVEAIS\CAVEAT-46
CIIPVLY
doc
Chaparral Valley Phase 1
Schedule 1
RESTRICTIVE COVENANT
PARKSIDE
WHEREAS
LOTS
1246659 Alberta Ltd, a body corporate with an office in the City of
Calgary, in the Province of Alberta (hereinafter sometimes referred to as the "Covenantor" and
sometimes as "Genstar" as the context of this Restrictive Covenant may require) is the registered
owner of those certain lands legally described
as set forth in Schedule "A" attached hereto
(hereinafter referred to as the "Servient Lands");
AND WHEREAS the Servient Lands are located in an area in the City of Calgary,
developed and identified by Genstar as "Chaparral Valley", and Genstar is the owner of lands
therein and in the vicinity thereof which it holds for future development,
without restricting
the generality
and in particular, but
of the foregoing, Genstar is the registered owner of lands
legally described as set forth in Schedule "B" hereto (hereinafter
referred to as the "Dominant
Lands");
AND WHEREAS
it is the desire and intention of Genstar to impose upon the
Servient Lands beneficial restrictions
under a general plan or scheme of improvement
for the
general benefit of the Dominant Lands and the future owners of the Dominant Lands;
AND
WHEREAS
the
Servient
Lands
abut
a municipal
reserve
parcel,
environmental reserve parcel or the Blue Devil Golf Course.
NOW, THEREFORE,
the Covenantor hereby for itself, its transferees and assigns
and successors in title, declare, covenant and agree as follows:
1.
The
Servient
Lands
shall
not
be transferred,
conveyed,
hypothecated
or
encumbered, leased, rented, used, occupied or improved, excepting subject only to the following
limitations, restrictions, conditions and covenants, all of which are declared and agreed to be in
furtherance of a plan for the improvement and sale of the Servient Lands and Dominant Lands
and are established
desirability,
I
and agreed upon for the purposes of enhancing
and attractiveness
and protecting the value,
of both the Servient Lands and the Dominant Lands and every
-2 part thereof.
All of the limitations,
restrictions, conditions and covenants shall run with the
Servient Lands and shall be binding on all parties having or acquiring any right, title or interest
in the Servient Lands or any part thereof.
2.
No building, fence, wall, landscaping, or other structure or improvement as that
term is defined
in the City of Calgary Land Use By-law
shall be commenced,
erected,
maintained or shall stand, nor shall any addition to or change or alteration therein be made, until
plans and specifications
showing the nature, kind, shape, height, materials, landscaping, colour
scheme, and sitings of such improvement, together with the grading plan of the Servient Lands,
have been submitted
to and approved
approved, lodged permanently
in writing by Genstar and a copy thereof, as finally
with Genstar.
any such plans or specifications
Genstar shall have the right to refuse to approve
or grading plan which are not suitable or desirable, in the
absolute opinion of Genstar, and during the review of such plans, specifications
plan, Genstar shall have the right to take into consideration
the suitability
and grading
of the proposed
improvement, the harmony thereof with the surroundings, and the effect of the improvements on
the outlook from the Dominant Lands or any other neighbouring property.
3.
In particular,
notwithstanding
but without
restricting
the generality
any City of Calgary by-law development restrictions,
in the course of commencing
any improvement,
or any addition
of the foregoing
and
the Covenantor shall not,
to or change or alteration
thereof, contravene any of the specific development requirements set forth in this clause 3. Such
specific development
entitled
requirements
are set by Genstar as guidelines
to apply its sole discretion
to the enforcement
only and Genstar shall be
and relaxation,
without
liability
whatsoever, in respect of any or all of such covenants, namely:
(a)
Dwelling Set-backs - Notwithstanding
Use or Development
the provisions of any City of Calgary Land
By-Law, any dwelling house, ancillary buildings or out-
buildings to be constructed on the Servient Lands:
(i)
shall be set-back a minimum of 10.0 meters from the rear property line of
the Servient Lands where the depth of such lot is in excess of35.5 metres;
L..-
.
.
-3(ii)
shall be set-back a minimum of 7.5 meters from the rear property line of
the Servient Lands where the depth of such lot is less than 33 meters; and
(iii)
where the lot depth is between 33 meters and 35.5 meters, the minimum
set-back shall be 7.5 meters plus the number of meters by which the depth
of the lot exceeds 33 meters.
Notwithstanding the foregoing, decks attached to a dwelling- house and raised
more than 0.61 metres above grade level may encroach onto the set-back but must
be at least 6.0 metres from the rear property line of the Servient Lands.
(b)
Open Space - No structure, movable structure, storage shed, play house, satellite
dish, telecommunications antennae, clotheslines or other fixture, piece of
equipment or chattel (a "Structure") shall be erected, placed or allowed to remain
within six (6) metres of the rear property line of the Servient Lands (such 6 metre
area being hereinafter called the "Open Area"). No Structure may be erected,
placed or allowed to remain on the rear yard of the site which does not form part
of the Open Area without approval by Genstar in accordance with the provisions
of Clause 2 hereof as if such Structure were an improvement to which clause 2
would otherwise apply. Any fencing installed within the Open Area (excluding
fencing along the side property lines which may be screened) shall be constructed
of black vinyl clad chain link and shall be a maximum 1.2 metres in height.
(c)
Garages - No garages may be constructed on the rear yards of any of the Servient
Lands.
4.
No external alterations, additions or changes to the structure or design appearance
in respect of any improvement on the Servient Lands may be made, done or permitted except as
shall conform to and comply with the restrictions and conditions and requirement for prior
written approval of Genstar as heretofore contained in this agreement.
5.
In order to secure the strict compliance with clauses 1 through 4 hereof by the
Covenantor, Genstar may require, in its absolute discretion, that, prior to the commencement or
alteration of any improvement on the Servient Lands, the Covenantor shall deposit with Genstar
11106/71..1
-4a sum of money, bond, letter of credit or some other form of security satisfactory in form and
amount to Genstar in its discretion (such security being hereinafter referred to as the "Security
Deposit"). The Security Deposit shall be returned to the Covenantor, without interest, only if the
requirements of clauses 1 through 4 hereof are fully met by the Covenantor in respect of the
construction or alteration of the said improvement, the determination thereof being in the sole
discretion of Genstar. In the event of a breach by the Covenantor of any of the provisions of
clauses 1 through 4 hereof, Genstar shall be entitled to retain such portion of or all of the
Security Deposit as may be necessary to compensate Genstar for its damages suffered as a result
of such breach which damages shall include, without restricting the generality of the foregoing,
the cost of remedying any such breach. The retention of the Security Deposit or portion thereof
shall not be deemed to be a penalty but shall be partial satisfaction of Genstar's damages and
such retention shall be without prejudice to any other rights or remedies available to Genstar at
law.
6.
The restrictive covenants set out herein are enforceable jointly and severally by
Genstar and the registered owner or registered owners from time to time of the Dominant Lands
and any waiver by any registered owner of any portion of the Dominant Lands of the strict
performance of the covenants set out herein shall not of itself constitute a waiver or abrogate the
covenants set out herein.
7.
The rights, privileges, covenants and obligations herein contained shall extend to,
shall be binding upon and shall enure to the benefit of the parties hereto and every purchaser or
transferee or subsequent registered owner of the Servient Lands or the Dominant Lands as the
case may be and their respective successors and assigns.
8.
Any provision of this agreement made void or rendered invalid by any law in
force in the Province of Alberta or adjudged not to be a covenant running with the Servient
Lands shall not invalidate or render unenforceable the remaining provisions of this agreement.
9.
No action shall lie as against the Covenantor for damages for the breach of any
one or more of the covenants contained in this agreement unless such party remains the
registered owner of the Servient Lands and is proven by a court of competent jurisdiction to be in
JU06471.,/
-5breach of this agreement. This covenant shall constitute an absolute defence to any such action
and may be pleaded as such.
10.
Genstar shall be entitled to enforce the provisions of this Restrictive Covenant in
its complete and absolute discretion and may, without reasons, determine not to enforce any or
all of the covenants herein contained without liability whatsoever. In particular, without limiting
the generality of the foregoing, Genstar may waive, alter or modify these restrictions in respect
to any portion of the Servient Lands without notice to the owner of any other portion of the
Dominant Lands as long as Genstar retains ownership of any portion of the Dominant Lands and
provided that such waiver, alteration or modification does not reasonably offend the spirit and
intent of this Restrictive Covenant. In specific respect of set-back requirements set forth in
clause 3(a), but without limiting the generality of the foregoing, Genstar may, in its sole
discretion, relax the minimum set-back requirements having regard to the proposed building's
appearance, height, orientation on the site and variation of vertical planes. Notwithstanding the
obligations of the owner of the Servient Lands to obtain the prior written approval of Genstar,
Genstar and its successors in title to the Dominant Lands shall not be liable for damage for the
breach of any obligation to provide consent to construction of improvements on the Servient
Lands, nor shall any action lie as against Genstar or its successors in title to the Dominant Lands
for failure to enforce the provisions of this Restrictive Covenant against the owner from time to
time of any portion of the Servient Lands. This covenant shall constitute an absolute defence to
any such action and may be pleaded as such.
11.
In Genstar's sole discretion, Genstar may at any time during the currency of this
restrictive covenant, delegate the authority to enforce the provisions hereof to a group of
individuals representative of owners of lots located within the Dominant Lands, which group of
landowners shall be chosen by Genstar in its sale discretion (the "Committee"). After such
delegation, the Committee shall determine the terms of reference by which the composition of
the Committee shall be reconstituted in the future, provided that at all times, the Committee shall
be composed entirely of individuals owning lots within the Dominant Lands or individuals
designated as representatives of corporations owning lots within the Dominant Lands.
IIJ06172,/
-612.
Notwithstanding
anything to the contrary herein, Genstar (or the Committee,
if
Genstar has effected the delegation contemplated by clause 11 hereof) may, in its sole discretion,
determine that the covenants
herein contained
shall no longer bind the Servient Lands and
accordingly abandon any and all rights and obligations herein contained.
Such determination
shall be effective as and from the date that notice in writing to that effect is advertised in a daily
circulation newspaper in the City of Calgary.
Restrictive
Covenant
notwithstanding
13.
or any caveat
Genstar shall have no obligation to remove this
pursuant
hereto
from
title
to the
Servient
Lands
such determination.
Words herein importing a number or gender shall be construed in grammatical
conformance with the context of the party or parties affected by this Agreement
from time to
time.
14.
This Restrictive Covenant is granted by the Covenantor in accordance with the
provisions of section 71(1) of the Land Titles Act (Alberta) R.S.A. 1980, Chapter L-5.
15.
This Restrictive
Genstar against the Servient
Covenant may be registered per se or by way of a Caveat by
Lands in the Land Titles Office for the South Alberta Land
Registration District.
IN WITNESS
WHEREOF
1246659 Alberta Limited has hereunto affixed its
corporate seal, duly attested by its properly authorized officers, this ~
day of
2007.
1246659 ALBERTA L__
Per:
Per:
Id0647hl
~
AJo~,
SCHEDULE
"A" TO A RESTRICTIVE
THIS
dnd
DA Y OF
LEGAL DESCRIPTION
FIRSTL Y
COVENANT
AJQ~,
MADE
2007
OF SERVIENT LANDS
PLAN
_
BLOCK 2
LOTS 3 TO 6 AND 8 TO 12 INCLUSIVE, LOTS 19 TO 28 INCLUSIVE AND
LOTS 58 TO 65 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
SECONDL Y PLAN
_
BLOCK 3
LOTS 15 TO 40 INCLUSIVE, LOTS 43 TO 59 INCLUSIVE
EXCEPTING THEREOUT ALL MINES AND MINERALS
)
SCHEDULE
"B" TO A RESTRICTIVE
MADE THIS
dne).
LEGAL DESCRIPTION
FIRSTL Y:
PLAN
BLOCK 2
LOT 2
COVENANT
DAY OF YOtJUrL/WtJ,2007
OF DOMINANT LANDS
_
EXCEPTING THEREOUT ALL MINES AND MINERALS
SECONDL Y:
THE SERVIENT LANDS
1246659 ALBERTA LTD.
CAVEAT
MACLEOD DIXON
BARRISTERS & SOLICITORS
#3700,400 - 3rd Avenue S.W.
Calgary, Alberta
T2P 4H2
File: 178456 SGR
R;\RUSHFOK\GENSTAR,NEIDCAVMTS\CAYEAT-46
QIPVLV.doo
CANADA
PROVINCE OF ALBERTA
TO WIT:
)1, Stephen G. Raby, Solicitor
)of the City of Calgary, in the Province of
)Alberta, MAKE OATH AND SAY AS
FOLLOWS:
1.
I am the agent for the above-named Caveator.
2.
I believe that the said Caveator has a good and valid claim upon the said land and I say
that this Caveat is not being filed for the purpose of delaying or embarrassing any person
interested in or proposing to deal therein.
SWORN before me at the City of Calgary,
in the Province of Alberta, this 25th
day of October, 2007.
KATHRYN L RUSHFORD
ACommIssioneflor Oaths;)
My CommissionExpiresJuly 29.Ji-
R·\RUSflFQJ(\CENSTAR.NE\\~CAVEATSlCAVgAT-46
CIlPVL),
doe
aD
)
)
)
?