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SCHEDULE "E"
Eastgrove Village Townhome Building Restrictions

(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. 

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.

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.

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.

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. 

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. 

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. 

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.

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. 

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.

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. 

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. 

August 1st, 2001

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This information is from sources believed to be reliable, however, it may be incorrect and should not be relied upon by a buyer without personal verification. Future Homes & Real Estate Ltd. Brokerage assumes no responsibility or warrants its' accuracy. All dimensions, values and dollar amounts are deemed to be approximate. The trade mark MLS® Multiple Listing Service®, displayed on this page, including CREA, the associated logos & design marks are owned by CREA. The trade mark DFS™, Direct Full Service™ displayed on this page, the associated logo & design marks are owned by Future Homes & Real Estate Ltd. Brokerage. Copyright 1995-2007 © DFS™, Direct Full Service™ powered by Future Homes & Real Estate Ltd. Brokerage. This website is maintained and updated each business day by the "Future Homes Team" Having trouble, need assistance? Contact our Website Administrator.  All rights reserved - LEGAL & PRIVACY POLICY. Updated 12.05.07