"CASTLE ROCK ESTATES"
STATUTORY BUILDING SCHEME
Declaration of Covenants and Restrictions
The within Statutory Building Scheme is declared by Castle Rock Estates Ltd., as Grantor, this 1st day of March, 2004.
A. The Grantor is the registered owner in fee simple of certain real property situated in the District of Invermere in the Province of British Columbia, which property is legally known and described as:
Lot 3, District Lot 7158, Kootenay District Plan NEP74923
(hereinafter called the “Property”);
B. The Grantor intends to develop and complete a phased subdivision upon the Property, comprising both single and multi-family subdivisions, and in furtherance of that intention has caused to be registered Phase I, comprising ninety-two (92) single-family lots, roads and common areas (collectively hereinafter called the “Phase I Subdivision”); C. The Grantor desires to have the Phase 1 Subdivision developed, maintained and preserved for high quality residential use and enjoyment;
D. The Grantor has caused to be incorporated a society to be known as the “Castlerock Community Association” (hereinafter called the “Association”) in which Association all lot owners shall be obligated to hold and maintain membership.
E. The Grantor intends to transfer and assign all of its right, title and interest in this Statutory Building Scheme to the Association upon the Grantor’s completion of all phases of development upon the property.
NOW THEREFORE THIS BUILDING SCHEME WITNESSETH that in consideration of the foregoing, the Grantor does hereby for itself, its successors and assigns in title, covenant and agree to observe and be bound by the hereinafter mentioned covenants, which said covenants shall be
-2construed to be and shall be covenants running
with the land and shall be appurtenant to all of
the said bare land strata lots for the benefit of all the respective owners thereof, from time to time, as follows:
Section 1 -- Land Use Rules and Restrictions
Compliance with Laws and Building Scheme
No construction or occupation of any improvements shall take place which is in violation of any municipal bylaws, ordinances or the provisions of this Statutory Building Scheme.
Development is restricted to one single-family residence per Lot, together with such ancillary improvements and uses as are expressly provided for herein. No owner may construct, cause to be constructed, place or permit to be placed, any trailer or “package” home, any manufactured or modular home, or any similar type of dwelling unit. Each residence built upon each Lot in the Phase 1 Subdivision must be stick-built or otherwise constructed in a manner expressly approved by the Grantor, and in any event shall be sitedesigned pursuant to the provisions of the Building Scheme.
Use and Condition of Lot
Development of improvements on each Lot shall be restricted to the development area specified by the Grantor for each Lot. The remainder of each Lot shall be a non-disturbance area, which area shall be left in its natural state. No change in the natural topography of the Lot or removal of any natural ground and/or tree cover shall be permitted, except in the instance of removal of dead trees, shrubs or other vegetation as is deemed by the Grantor to be a fire or safety hazard, in which instance such trees, shrubs or other vegetation shall be removed. No man-made improvements shall be constructed upon or placed or maintained within a non-disturbance area on any Lot.
The development area/non-disturbance area for each Lot shall be defined by means of a development plan specific for each Lot. Such development plan shall be provided to the purchaser as part of the agreement of purchase and sale. No disturbance of any Lot shall be permitted prior to the owner obtaining a building permit in the manner hereinafter provided.
No Lot owner, or resident, tenant or...