INFO – Phase 1 & 2
- Power will be provided along the private road in 2019 for hook up to each lot by the customer.
- All lots have been approved for building (cost of design and installation, including septic, will be the cost of the owner). Costs to survey and legal fees* (see note at bottom) to transfer the lot to the customer are included.
- The lot purchaser is to verify all site conditions both on the lot itself and the water adjoining it.
- The road will be covered with type A gravel
RESTRICTIVE COVENANTS FOR KINGS LAKE, PHASE 1 and 2
The Grantee covenants and agrees with the Grantor to observe and comply with the following Restrictive Covenants made pursuant to a building scheme established by the Grantor. These Restrictive Covenants shall apply to Phase 1 the lots numbered 8 & 36 as shown on the plan registered in the Registry of Deeds for the County of Yarmouth as Document 112559886 May 8, 2018 and Phase 2 the lots numbered 1,4,5,6,11,12,13,14,15,16,17,20,26 and 34 inclusive, as shown on the plan registered in the Registry of Deeds for the County of Yarmouth as Document 113671870 December 3, 2018. These Restrictive Covenants shall be binding upon and enure to the benefit of the parties hereto, their heirs, executors, administrators, representatives, successors and assigns:
1. No building other than a detached single family dwelling (hereinafter referred to as a “dwelling”) shall be constructed on the lands, provided, however, that garages or other necessary buildings may be erected for use in connection with residential buildings.
2. The lands shall not be subdivided at any time and no more than one dwelling shall be erected or stand at any one time upon the lands. Each lot shall have a driveway that is 20’ wide at the road with a 12” diameter pipe as a culvert.
3. The Grantee shall be responsible for any damage to existing roads or rights-of-way caused by the Grantee’s contractors’ vehicles or equipment under employ or contract during construction, and also for the clean-up of any mud, concrete, or debris on the road resulting from work performed by the Grantee.
4. No change in elevations of the land shall be made which will interfere with the drainage of or otherwise cause undue hardship to adjoining properties. No water from any stream, culvert, ditch or pond shall be diverted, dammed or drained.
5. No more than 2 trailers, recreation vehicles with sleeping accommodations or mobile homes shall be placed or permitted to remain on any lot in the event that there is no dwelling on the lands. In the event that there is a dwelling on the lands, no more than 1 trailer, recreation vehicle with sleeping accommodations or mobile homes shall be placed or permitted to remain on any lot.
6. No garbage, rubbish or waste material shall be stored on the lands. No incinerator or other refuse burning device shall be erected or maintained upon the property.
7. The Grantor agrees to be responsible for the annual costs of road maintenance (grading, plowing, etc.) until May 31, 2022. Thereafter, the Grantee acknowledges and agrees that the owners of the lots in Kings Lake Phase 1 (excluding those owned by the Grantor) shall share pro rata in the annual costs of road maintenance (grading, plowing, etc.).
8. Provided always that notwithstanding anything herein contained, the Grantor shall have the power by instrument in writing from time to time to waive, alter or modify the above Restrictive Covenants in their application to any lot or lots or to any part thereof comprising part of the said lands without notice to the owner of any other lot.
9. These covenants shall be read with all grammatical and gender changes appropriate, and all covenants, liabilities and obligations shall be joint and several.
10. The restrictions herein contained are severable and the invalidity or unenforceability of any restriction shall not affect the validity or enforceability of any other restriction.
11. The Grantee hereby covenants with the said Grantor to insert or cause to be inserted the same covenants and provisions in all deeds, conveyances and transfers to be made by it in relation to the within described property.
12. In any of these restrictions, unless the context otherwise requires:
(a) “Grantor” includes the Grantor, its assigns and successors.
(b) “Grantee” means the person or persons, corporation or corporations, to whom the said lands are conveyed, their heirs, executors, administrators, successors and assigns.
*The Seller has paid the survey costs, subdivision fees and legal fees to create the subdivision of the lands and as such those costs are included in the sale price. The Buyer is responsible for paying their own legal fees for review of title, mortgage fees, registration of deed, deed transfer tax and preparation of closing adjustments.