1. The land and premises hereby conveyed are hereinafter referred to as the “Lands”
2. The term “the Transferor” as used herein means the “Richibucto River Development Corporation Inc.” and its administrators, successors and assigns.
3. The term “the Transferee” as used herein means the party acquiring the Lands pursuant to the Transfer in which these Restrictive Covenants are imposed, as well as the Transferee’s heirs, executors, administrators and successors.
4. The term “the Subdivision” as used herein means the lands and premises depicted on the subdivision plan known as the “Old Oak farm Subdivision” registered in the Kent County Registry Office on 2015-01-06 as plan number 34522798.
5. The Lands shall be used for private residential purposes only.
6. Neither the Lands nor any building erected thereon shall not at any time be used for the purpose of any profession, trade, employment, service, manufacturer, or business of any description, nor as a school, daycare, hospital or other charitable institution, nor as a hotel, apartment, duplex, boarding house or place of public resort, nor for any sport (other than such games as are usually played in connection with the occupants of a private residence), that will create additional vehicle traffic, or cause the creation of pollutants, fumes, odors or exhaust, or in any way create a danger to the residents of the Subdivision. The primary purpose of any structure located on the Lands shall be for use as a private residence for the use of one family unit. No noxious or offensive activity shall be carried on upon the Lands, nor shall anything be done thereon which may be or become an annoyance or nuisance to the occupants of any neighbouring lands or buildings.
7. No building shall be constructed except in accordance with the National Building Code and in accordance with these Restrictive Covenants.
8. The plans and specifications, including exterior finishes, colors and materials of all proposed buildings and landscape design, including the position of all buildings and structures to be located on the Lands, must be submitted to and approved by the Transferor in writing, prior to the commencement of construction.
9. The exterior of the main building must be completed within one (1) year after the commencement of construction thereof.
10. No building shall be constructed on the Lands other than those to be used as a detached single family dwelling, a private garage, a garden tool shed, and other appropriate buildings for use in conjunction with single family dwelling usage. No more than one detached single-family dwelling may be erected on the Lands. No duplexes, semi-detached housing, or multiple unit housing is allowed on the Lands.
11. The main building located on the Lands must be site built (no prefab, modular homes) provided that this restriction shall only apply to the Lands situated on the Richibucto River side of the Subdivision being on the North side of Bass River Point Road and to which these Restrictive Covenants are imposed.
12. No dwelling shall be erected on the Lands which shall have floor space used as living area, excluding any basement, garage, deck, patio, porch or like part of the dwelling, of less than:
(a) 1400 square feet on the Lands located on the Richibucto River side of the Subdivision being on the North side of Bass River Point Road and to which these Restrictive Covenants are imposed; and
(b) 1100 square feet on the Lands located on the Molus River side of the Subdivision being on the South side of Bass River Point Road and to which these Restrictive Covenants are imposed.
13. All buildings constructed on the Lands shall have a minimum setback of fifty (50) feet from the road and there shall be no building of any kind within twenty five (25) feet of the property boundary lines.
14. The nature, location, color, material and height of any proposed perimeter including a fence, gate, wall, post, hedge or other structure to be located on the Lands without the written approval of the Transferor of the location, design and material. All such structures shall at all time be kept in a proper state of repair.
15. The landscaping of the Lands must be completed within the first planting season following completion of construction of the main building on the Lands. The said landscaping must be maintained, including by means of mowed lawns and the driveway must be gravel or paved.
16. The Transferee shall plant a minimum of six (6) evergreen trees measuring no less than six (6) feet in height on the Lands within two (2) years from the date of the Transfer in which these Restrictive Covenants are imposed.
17. Any alteration, addition or change affecting the exterior appearance of a dwelling, fence, gate, wall, post, hedge or other structure shall be submitted to and approved by the Transferor in writing, in advance.
18. The Transferee shall ensure that all fences, gates, walls, posts, hedges and other structures located on the Lands are, at all times, kept in a proper state of repair.
19. Only excavation of the Lands for the purpose of building on the Lands at the time of the commencement of such building or for the purpose of landscaping shall be permitted. No soil, sand or gravel shall be removed from the Lands except with the prior written permission of the Transferor. Excavations shall only be exposed for a minimum length of time, piles of fill will be protected against erosion and disturbed surfaces shall be promptly finished to avoid the sifting of any watercourse. All construction techniques shall be so designed and implemented as to prevent the sifting or pollution of any watercourse.
20. The Lands shall not be re-graded in such a manner as to block or impede any watercourse or swale including new watercourses resulting from road constructions and culverts. The Lands shall not be elevated or re-graded in such a manner as to cause water to pond, run through or build up on any abutting property.
21. No living and viable healthy trees may be cut, killed or removed from the Lands except when necessary to allow for the construction of a dwelling or other permitted building or to facilitate the development of lawn’s, gardens or water views from the Lands. In no event shall the Transferee cut or remove, or permit to be cut or removed, more than forty (40%) of the trees on the Lands having a trunk diameter of six inches or greater.
22. Refuse, waste, garbage, ashes, building waste or materials, car bodies or obnoxious materials of any kind shall not be dumped or stored on the Lands, except for clean fill for the purpose of leveling the Lands in connection with the immediate improvement of the Lands for use as a residential site. Except for the aforesaid clean fill, there will be no open storage permitted on the Lands.
23. No incinerator or other refuse burning devise shall be erected or maintained upon the Lands.
24. It is acknowledged that at the time of the Transfer in which these Restrictive Covenants are imposed, the Lands are not serviced for water or sewer services. The Transferee shall have its own well or other approved water source and septic tank or other approved waste disposal system for the Lands, the installation and maintenance for which shall be the responsibility of the Transferee. All water sources and waste disposal systems must comply with the standards set forth by the Province of New Brunswick and these restrictive Covenants. The Transferee shall not use and water (the “water”) taken from the property. (groundwater, well water or otherwise) for swimming pool or heat pumps and shall only use the water for normal domestic purposes for a single family dwelling.
25. No exposed or exterior radio or television transmission or receiving antenna shall be erected, placed or maintained on any part of the Lands.
26. No mobile home, trailer, tent, recreation vehicle or truck over one ton, shall be parked or placed upon the Lands for a period of more than two weeks in the aggregate, in any calendar year provided that no tent shall be placed on the Lands at any time if the Lands are vacant.
27. Notwithstanding the provisions of Section 26, the Transferee may:
(a) park one (1) recreational trailer or one (1) recreational vehicle for no longer than forty five (45) days in the aggregate during the months of May to October of each year until October 15, 2023.
(b) park one (1) recreational trailer or one (1) recreational vehicle for a period of no longer than three hundred and sixty five (365) consecutive days during the construction phase of a dwelling on the Lands.
28. No unregistered vehicle shall be kept on the Lands except within a wholly enclosed garage. No major repairs to any vehicle shall be effected upon the Lands except within a wholly enclosed garage.
29. Snowmobiles, ATVs or other off road motorized vehicles may be used only on the Transferees private property. Excessively noisy vehicles are prohibited at all times.
30. No signs, billboards, notices or other advertising matter of any kind (except signs of the size and type ordinarily employed by real estate brokers in the area, offering the Lands for sale or rent) shall be placed on any part of the Lands without the written consent of the Transferor.
31. The Transferee covenants not to keep cattle, hogs, horses, poultry or other live stock or animals, other that household pets normally permitted in urban residential areas in single family dwelling usage areas. The breeding of pets or animals for sale shall not be carried on upon the Lands.
32. The Transferee shall not allow the accumulation of debris, trees, excavated material or materials which are excess to the erection or completion of the buildings to be placed upon the Lands. The Transferee shall not allow the debris or materials so stored on the Lands, to blow off the site or off the Lands.
33. The Transferee shall maintain, at all times, in an orderly manner, the Lands as well as all materials which are stored on the Lands in accordance with the terms of these Restrictive Covenants. In addition, the Transferee shall not leave any gas or oil containers in the parking lot or boat slip area.
34. The transferee consents to the installation of wires and anchors or other fastening devices on the Lands, for the construction and maintenance of transmission of electricity, telephone and other public services to residences of the subdivision.
35. No part of the Lands shall be conveyed, subdivided, alienated, leased or otherwise disposed of, or subdivided save in conjunction with the entire parcel. Should a realignment of boundaries be deemed desirable and not in conflict with the intent of this section, the express written approval of the Transferor must be obtained and the Transferor must indicate this approval by signing an amended subdivision plan.
36. The Lands or any portion thereof shall not at any time be used for the purpose of permitting access to any other lands whether now owned by the Transferee or otherwise and no right of way, or right of use to any road or common area is transferable or assignable by the Transferee to a third party. This clause is not intended to prevent the Transferee from selling all the Lands and all the rights pertaining thereto to a subsequent transferee, but the Transferee shall not be entitled to reserve or retain any right or privilege in or to the Lands at the time of such sale.
37. Subject to the Restrictive Covenants set out in the paragraph immediately following this paragraph, the Transferee shall contribute an amount equal to the Transferee’s proportional share (based upon the number of lots in the Subdivision) of the cost of upkeep and maintenance of all roads, trails, rights of ways and common areas to which all residents of the Subdivision have access to in the Subdivision.
38. The Transferee shall contribute an amount equal to the Transferee’s proportional share (based upon the number of lots in the Subdivision whose residents access or occupy their lots in the Subdivision at any time during the winter months) of the cost of upkeep and maintenance of all roads in the Subdivision necessary during the winter, including snow removal costs.
39. It is acknowledged and agreed that the Transferor shall have the right to convey to any public authority or land developer any part of its remaining lands for park, recreational or other similar purpose, or roadways or for pipes or conduits for sewage, drainage, electricity and other municipal services.
40. The Transferor may convey title to all roads, rights of ways and common areas (collectively referred to as “Common Areas”) together with the rights of the Transferor under all of these Restrictive Covenants to a body corporate (“Corporation”) incorporated for the purpose of maintaining the Common Areas. The Corporation and the Transferee, their heirs, executors, administrators, successors and assigns will uphold all of the restrictive covenants contained herein including this clause.
41. Wherever the consent of the Transferor is required pursuant to the terms of these Restrictive Covenants, it shall not be unreasonably withheld or delayed.
42. The Restrictive Covenants herein contained are severable and the invalidity or unforeseability of any covenants shall not affect the validity or enforceability of any other restrictive covenant. In the event that any one or more of these conditions, covenants, reservations or restrictions shall be declared void, such judgment or decree shall not in any manner whatsoever affect, modify, change or nullify any of the covenants, conditions, reservations and restrictions not so declared to be void, but all the remaining covenants, conditions, reservations and restrictions not so declared to be void shall continue unimpaired and in full force and effect.
43. Notwithstanding anything herein contained, the Transferor and its successors may, from time to time, alter, waive, or modify any of the foregoing restrictive covenants, conditions, liabilities and obligations in respect to the Lands or any parcel or parcels in the Subdivision, without notice to the Transferee or to the owner of any other parcel in the Subdivision, for as long as the Transferor retains ownership of any parcel or parcels in the Subdivision.
44. The Transferee for themselves, their heirs, executors, administrators, successors and assigns, in consideration of the premises and the sum of $ 1.00 now paid to the Transferee by the Transferor, the receipt thereof being hereby acknowledged covenants, agrees to and with the Transferor that they will keep and observe these restrictive Covenants. These Restrictive Covenants are for the mutual benefit of all of the lots in the Subdivision. The burden of these Restrictive Covenants shall run with the Lands and shall ensure to the benefit of and be binding upon the Transferee and the Transferor, their respective heirs, executors, administrators, successors and assigns. These Restrictive Covenants shall be binding upon all occupants, guests and tenants of the Transferor upon the Lands. The Restrictive Covenants herein set forth, including this clause, shall continue until expressly terminated by written agreement between the Transferor, its successors or assigns, and the Transferee, its successors, assigns, or successors in title.
45. The Transferee agrees to obtain from any subsequent transferee of the Lands, a covenant to observe the Restrictive Covenants set out herein, including this clause.
46. These restrictive Covenants are to be read with all changes in gender and number required in the context.
47. The headings used herein are for the convenience only and are not to be considered a part of these Restrictive Covenants and do not in any way limit or amplify the terms and provisions of these Restrictive Covenants.