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(Exact
Legal Description & Building Restrictions To Follow At Closing)
The Builder (herein called “the Owner”) has hereby imposed the following
Restrictive Covenants upon the lands designated in the Municipality of
Leamington, in the County of Essex and Province of Ontario, which
restrictions and regulations shall run with the said lands and shall be
binding upon each transferee thereof and the heirs, executors,
administrators, successors and assigns of each transferee respectively.
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1. |
Within the limits of the lands no changes or alterations shall be
made to the grading or elevation of the lands as constructed by the
Owner and no objects, structure, trees or shrubs shall be erected,
constructed, planted or placed on any part of the said lands, if
such construction, erection, placement or planting changes or alters
the said lot grading or elevation or interrupts, alters, blocks or
changes the natural flow of surface water over, along and upon the
surface contours of the said lands as constructed by the Owner. |
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2. |
Within the limits of the lands no buildings, structures, objects
of any kind whatsoever (except fences) shall be erected, constructed,
built or placed thereupon and therealong, save and except for any catch
basins or rear yard drains or storm sewers or drains constructed by the
Owner or by the Corporation of the Municipality of Leamington. |
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3. |
No
transferee shall place or attach on any part of the lands
transferred a radio or television antenna or dish type receiver
except that a satellite dish having a diameter of not more than two
(2) feet may be placed on or attached to the patio deck or patio
deck railing. |
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4. |
Not more than one outdoor storage shed shall be erected on each
part. Each such storage shed shall only be erected at the rear of the
residence and shall be constructed of new materials only and shall be no
larger than eight feet wide and eight feet long. |
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5. |
No changes shall be made in the dimensions of or material used on
any driveway, sidewalk or porch that is located at the front of the
residences without the written consent of all of the owners of said
parts being first had and obtained. |
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6. |
No enlargements of, additions on or deletions from the exterior
dimensions of the dwelling units shall be made or permitted without the
written consent of all of the owners of said parts being first had and
obtained. |
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7. |
No changes (including changes to brick, siding, roof shingles,
soffit, facia, verandas, doors and door frames, windows and window
frames) shall be made to the colour or material of the exterior of
the dwelling units as constructed by the owner without the written
consent of all of the owners of said parts being first had and
obtained. |
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8. |
No lawn ornaments or other objects other than shrubbery, trees
and flower gardens shall be placed upon, set upon or constructed upon
any part of the said land that lies in front of the dwelling units shown
on said parts. |
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9. |
No
transferee of parts shall drill or nail into or in any way puncture,
alter, deface, demolish, destroy or in any way weaken the common
bearing basement foundation party wall constructed by the Owner and
which adjoins any of the said parts to one another and in like
manner none of the said transferees shall cause any object to
penetrate beyond the property line of their respective dwelling
units above the level of the common party basement wall by any form
of penetration through their own independent self-supporting
staggered stud bearing wall or ceiling joists. |
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10. |
None of the foregoing building restrictions and restrictive
covenants shall apply to the Owner / Builder, with respect to its original construction of the dwelling units and
their appurtenant driveways, walkways, porches, patios, fences, drainage
and landscaping, but these restrictive covenants and building
restrictions and regulations shall run with the land and be binding upon
each transferee of said parts and his, her or their, heirs, executors,
administrators, successors and assigns and unless waived prior thereto
shall remain in force for a period of twenty (20) years. |
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11. |
The Builder shall have the
sole and absolute right to amend, vary, waive or cancel any of the
aforementioned provisions or restrictions without the necessity of
obtaining the approval of the owner or owners from time to time or any
of the lands to which these building restrictions apply until the Owner
ceases to be the registered owner of any of the said lands, after which
the said provisions and restrictions may be amended, varied, waived or
cancelled by the unanimous agreement of all registered owners, same to
be effective only after registration of such unanimous agreement on
title to all said lands.
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November 28, 2008 |