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Ellison Enterprises Ltd. ph: (403) 327-6500
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House Size
i.
No residence shall be constructed on, or moved onto, the Lands with a
main floor area above grade of less than 1500 square feet for a bungalow or
split-level and 1250 square feet for a two-story residence.
ii.
No building shall be constructed on the Lands more than two stories above
front-grade. Walk out basements will be permitted. Garage
No garage shall be constructed on the Lands unless it is a
double attached or detached and must be included as part of the overall designed
concept of the house and the exterior finish must be similar to that of the main
residence. Exterior Finishes
Exterior finishes will be approved on a case-by-case basis.
Preferred construction includes: Post and beam with stucco, stone, log,
or stucco if accented by wood or stone. Roofing Materials
No roof covering or material shall be used on a building
erected upon the said Lands except, acceptable materials which are cedar shakes,
concrete tiles, clay tiles, and asphalt or PVC shingles with only earth tone or
approved colors. Metal roof applications will be considered by the Grantor on a
case-by-case basis. Building Specifications
No buildings shall be constructed on the Lands unless they
meet or exceed the Alberta Building Code. Basements
No wooden basement or foundation will be permitted on the
Lands. Colors
No exterior color scheme will be accepted except those
approved by the Grantor. Houses
with color schemes that detract from the landscape or overall appearance of the
subdivision will be rejected. Septic Field
The purchaser/builder of any building on said Lands will be
responsible for installation of a properly designed septic field approved by the
proper provincial authority. Signs
No signs or advertising matter of any kind shall be
displayed on the Lands other than reasonable signs offering a lot for sale,
house for rent and a sign indicating the name of the owner of a lot and /or the
local address of a lot. Residential Use Only
The lands or any buildings erected on the Lands shall not
at any time be used for the purpose of any trade or business, nor as a school,
hospital, or other charitable institution, or as a hotel/inn/Bed and Breakfast,
apartment house, duplex, boarding or lodging house or place of public resort.
Exceptions might include an in-house business/office and must be approved
in writing by the ‘Grantor’/’Developer’. Garbage
The ‘Grantor’/’Developer’ will provide a garbage
container for the use of the home owners in the subdivision at a designated
area, and a yearly user fee for the service shall be paid by each owner of a
lot, being a part of the Lands, to the ‘Grantor’, their successor or
assign… No garbage or refuse may be:
i.
Stored or accumulated on a lot in such a way that the garbage containers
or the garbage or refuse itself is in any way visible from the road at the front
of a lot;
ii.
Burned on the Lands; or
iii.
Stored or accumulated in such a way as to in any way be accessible to or
an attraction to animals. Fires
i.
No waste burning apparatus or waste burning will be allowed on the Lands.
ii.
All fires located on the Lands must be started and kept in a stone,
concrete or brick fire pit. Lot Grading and Retaining Walls
No construction shall be carried out upon the Lands until a
‘lot grading’ plan is approved by the Grantor. The plan must include the
finished floor elevations for all levels of the house including the bottom of
footings and garage elevations. The
finished sod grades at the house must be shown as well as arrows indicating
drainage patterns, or swales. Lot grading is to follow the natural slope of the land. Lot
slopes should be absorbed within the building massing as much as possible (ie. Stepped
foundations and floor levels) to minimize the need for steep grades. Individual lot grading (including drainage swales and
retaining walls) must be handled within property line of individual lot and must
not change existing drainage patterns. When retaining walls are required in the front yard, front
driveway or backyard area they are to be constructed using stone or colored or
textured concrete or pressure treated wood. No construction shall be carried out on the land unless the
construction complies with the grading and elevation plan which has been
approved. Fencing
i.
No fence shall be erected upon the lands without the approval of the
Grantor, the design and finish of which must compliment the construction in the
development and be erected in a way so as not to impede the view of other
properties or affect the drainage of water onto or from other properties.
ii.
No chain-link fencing will be permitted on the Lands. Storage on Property
Except during the construction of an improvement on a lot,
any lot located on the Lands shall not be used for the storage of any materials,
vehicles or equipment other than such as are usually and ordinarily stored in
connection with the occupation of a building used for private residential
purposes. Specifically, but without
in any way restricting the foregoing, the following items shall not be parked or
stored on or adjacent to a lot:
i.
Large trucks;
ii.
Motor homes, travel trailers, campers (whether or not mounted on a
vehicle), (unless stored within a fully enclosed garage on the lot or unless
with the prior written consent of the Grantor, provided that if any such consent
is granted on any terms or conditions, no such items shall be stored or parked
on or adjacent to the lot except in compliance with all such terms and
conditions);
iii.
Construction equipment;
iv.
Farm equipment;
v.
Abandoned vehicles or equipment, non-functioning vehicles or equipment,
auto or truck bodies, wrecks, and other vehicles or equipment not currently in a
functioning state; and
vi.
Gasoline, diesel fuel or similar fuel or volatile, explosive or dangerous
substances other than those used for ordinary household purposes in quantities
reasonably appropriate for ordinary household use. Landscaping Guidelines
i.
The exterior of every building, structure and improvement on the Lands
and the gardens and grounds on the Lands shall not at any time be left in an
unsightly or untidy condition;
ii.
All areas on the lands not occupied by a building or driveway shall not
be left in an unsightly or untidy condition and shall not be disturbed by the
owner of the Land other than to provide landscaping and maintenance at the
highest possible standard;
iii.
No excavation shall be made on the Lands except for the construction of a
building landscaping or other improvement on the Land or in connection with the
gardening on or the landscaping or drainage of the Land;
iv.
No soil, sand, gravel or similar material may be removed from the Lands
without permission from the Grantor;
v.
No alterations or blockages of, or interference with natural drainage on,
off or through a lot or the Lands shall be permitted or effected by the owner of
the Land without the prior authorization of the Grantor. Hunting and Shooting
No hunting, trapping or shooting of any firearm shall be
allowed on the Lands. Animals
i.
No raising or keeping of livestock, including without restricting the
foregoing, cattle, horses, sheep, goats, donkeys, rabbits, poultry, wild animals
or fur bearing animals shall be permitted on the Lands;
ii.
Dogs and cats will be allowed as domestic pets provided they are confined
to their owner’s premises except when accompanied by their owners.
However, if a dog by virtue of breeding, training, or temperament
represents a threat to the safety or feeling of well-being of neighbors in the
subdivision or surrounding area, they will not be allowed. Off-Road Vehicles
Skidoos, all-terrain vehicles, dirt bikes or other
motorized vehicles customarily used for “off road” transportation shall not
be used or permitted to be used or operated on a lot with the exception of
leaving and returning to a lot on the Lands. Appearance During Construction
Builders are required to keep the Lands and roads clean and
orderly during construction. Builders
found negligent will be charged for any clean up carried out by the Grantor,
agents and employees. Setbacks
Each construction shall conform to the Cardston County
regulations, however no building located on the Land shall be closer than 12
(twelve) meters to the property line along the access road, and no construction
or further development shall be allowed north of the SLOPE STABILITY LINE. Procedures for Development Approvals
i.
All dimensions and area calculations shall be in metric.
ii.
Plot plan showing all grades and lot corner elevations, building location
and dimensions, set backs, easements, driveways and foot paths, fences and
landscaping.
iii.
House plans showing the layout of each level including the roof.
iv.
Building elevation of each side of the house showing window types and
sizes, finishes, roof, elevations, chimney, flues and vent.
v.
Cross-sections showing foundation and footing elevations and all
dimensions, in particular the relationships between all levels including the
garage.
vi.
One completed House Plan
Application Form and processing fee of $500.00.
vii.
No structure shall be moved onto
any lot located on the Lands without the express written approval of the
Grantor. Severability
If any provision hereof is made void or rendered invalid or
unenforceable by any law from time to time in force in the Province of Alberta,
and if any provision hereof is determined by any court of competent jurisdiction
to not be a covenant running with the land, the same shall not invalidate or
render in any way unenforceable any of the remaining provisions of this
Agreement. Restriction of Liability
The Grantor, their consultants, agents and employees accept
no responsibility for any defects or failures in design or construction of any
building in the subdivision/Cardston County and their involvement is strictly
limited to the preparation and administration of the Architectural Guidelines. General
All
requested and provided information will be processed by the Grantor or the
Grantor's designated consultant within one week of receipt. If the information
is deemed to be acceptable, a house plan acceptance form will be issued which
will enable the builder to seek approval of the statutory authorities. If any
deviation from the originally approved design is requested then a new
application must be submitted to the consultant for approval. If the initial
application does not comply with the architectural controls or is unacceptable,
then the application will be returned to the applicant marked
"Unacceptable." In order to
avoid delays it is recommended that a preliminary consultation be made with the
Grantor or the Grantor's designated consultant prior to his submission. If the
approved design is started but not completed in its entirety in accordance with
the Grantor or the Grantor’s designated consultants written approval within 24
months of the start date, the Grantor shall then have the option to buy back the
lot from the Grantee at the original price paid by the Grantee or at the then
Fair Market Value, as calculated by a certified appraiser, whichever is less,
with no compensation to the Grantee for the building or buildings which are
under construction. Recognition is
made of the fact that planting of landscaping is dependant upon seasonal
conditions. The Grantee himself, his heirs, administrators, successor,
and assign agrees to follow and abide by these Restrictive Covenants and
Architectural Controls and to construct buildings and develop his land in
compliance in every respect with the Grantor or the Grantor’s designated
consultants written approval. The Grantee agrees to pay to the Grantor a processing fee
of $500.00 at the time of House Plan Application to the Grantor or the Grantor's
designated consultant. The Grantee or Grantee's consultant will not begin to
process any applications unless said fee has been received. The Grantor
and its Consultant shall be responsible for the interpretation of these
Restrictive Covenants and Architectural Controls and may modify any of the
provisions stated herein at its sole discretion. Any dispute which may arise in
connection with this Development Plan shall be determined by the Grantor whose
decision shall be final and binding. Notwithstanding
that all construction shall proceed in accordance with this Development Plan,
the Grantor and its consultants, may in their absolute discretion, permit
deviation from this Development Plan. The Grantee
acknowledges and agrees that no liability whatsoever shall attach to the Grantor
or its consultants for any such deviation. Failure on
the part of the Grantor to enforce promptly and fully the conditions and
covenants and restrictions of this Development Plan shall not be deemed to be a
waiver of the right of the Grantor to enforce the conditions, covenants and
restrictions of this Development Plan. The
Grantee agrees to pay the Grantor the sum of $1,500.00 on or before the closing
date as a non-compliance deposit relating to these Restrictive Covenants and
Architectural Controls. Once all requirements have been met and accepted, a
release will be signed by the Grantor and the non-compliance deposit will be
refunded along with interest accruing at Bank of Montreal Savings Account Rate
from time to time the rate to vary when the Bank of Montreal varies it’s
interest rate. The
issuance of an approval form by the Grantor or its consultant, his agents or
employees does not absolve the builder from complying with all other
requirements, such as approvals from the Cardston County, the Government of the
Province of Alberta, the Government of Canada or any other statutory authorities
or agencies. TIME SCHEDULE
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