Land Title Act Form C - Restrictive Covenant FB138916
Legal restrictive covenant document for environmental protection on Strata Lots 22, 23, and 24.
LAND TITLE ACT FORM C
1. APPLICATION
ARMSTRONG NIKOLICH Barristers & Solicitors, Suite 300 - 1005 Langley Street, Victoria, B.C., V8W 1V7 Telephone (250) 388-6600 CHRIS DEV/PARSONS
2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND:
| (PID) | (LEGAL DESCRIPTION) |
|---|---|
| 027-334-317 | Strata Lot 22, Section 98, Esquimalt District, Strata Plan VIS5568 |
| 027-334-325 | Strata Lot 23, Section 98, Esquimalt District, Strata Plan VIS5568 |
3. NATURE OF INTEREST:
| DESCRIPTION | DOCUMENT REFERENCE (page and paragraph) | PERSON ENTITLED TO INTEREST |
|---|---|---|
| Restrictive Covenant over Areas 1 and 2 shown on Plan VIP 84421 | Entire Instrument | Registered Owner of: Parcel Identifier: 027-334-333 Strata Lot 24, Section 98, Esquimalt District, Strata Plan VIS5568 |
4. TERMS
Part 2 of this instrument consists of (select one only) (b) Annexed as Part 2
5. TRANSFEROR(S)/GRANTOR(S):
CHRISTOPHER DEVELOPMENTS INC. (Inc. No. 426427)
6. TRANSFEREE(S)/GRANTEE(S): (including postal address(es) and postal code(s))
CHRISTOPHER DEVELOPMENTS INC. (Inc. No. 426427) 1129 Wychbury Avenue Victoria, B.C. V9A 5K9
7. ADDITIONAL OR MODIFIED TERMS:
N/A
8. EXECUTION(S)
This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any.
Execution Date
| Y | M | D |
|---|---|---|
| 08 | 01 | 22 |
Transferor Signature CHRISTOPHER DEVELOPMENTS INC., by its authorized signatory: Chris Walker
Officer Certification: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996 c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.
PETER NIKOLICH Barrister & Solicitor #202 - 1006 Fort Street Victoria BC V8V 3K4 (250) 388-6600
Part 2 - RESTRICTIVE COVENANT
BETWEEN: CHRISTOPHER DEVELOPMENTS INC. (Inc. No. 426427) 1129 Wychbury Avenue Victoria, B.C. V9A 5K9 (hereinafter called "the Grantor") OF THE FIRST PART
AND: CHRISTOPHER DEVELOPMENTS INC. (Inc. No. 426427) 1129 Wychbury Avenue Victoria, B.C. V9A 5K9 (hereinafter called "the Grantee") OF THE SECOND PART
WHEREAS:
A. The Grantor is the registered owner of those certain parcels or tracts of lands and premises situate, lying and being in the Province of British Columbia, and being more particularly known and described as: Strata Lots 22 & 23, Section 98, Esquimalt District, Strata Plan VIS5568 (hereinafter called the "Servient Tenement")
B. The Grantee is the registered owner of those certain parcels or tracts of lands and premises situate, lying and being in the Province of British Columbia, and being more particularly known and described as: Strata Lot 24, Section 98, Esquimalt District, Strata Plan VIS5568 (hereinafter called the "Dominant Tenement")
C. THE Grantee has requested the Grantor to grant and the Grantor has agreed to grant to the Grantee as owner of the Dominant Tenement a Restrictive Covenant to be registered as a charge against those parts of the Servient Tenement shown and described as Areas 1 and 2 on an Explanatory Plan of Restrictive Covenants over Parts of Strata Lots 22 & 23, Section 98, Esquimalt District, Strata Plan VIS5568 prepared by Alan M. Powell, B.C. Land Surveyor and certified by him on January 19, 2008, a copy of which is attached hereto (hereinafter called the "Covenant Area").
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the premises and the sum of ONE ($1.00) DOLLAR of lawful money of Canada paid by the Grantee to the Grantor (the receipt and sufficiency of which is hereby acknowledged) the Grantor covenants with the Grantee as follows:
The Grantor covenants and agrees with the Grantee that, hereafter: (a) no building, structure, fencing, excavation, pile of material or chattels shall be constructed, installed, stored or otherwise placed on the Covenant Area without the prior written approval of the Grantee; (b) the Covenant Area shall not be permitted to become untidy, unsightly or unattractive (ie. grass shall not be permitted to grow beyond a reasonable height before being cut; weeds and noxious grasses shall not be permitted to grow unchecked; and, shrubs and hedges shall not be left untrimmed). The determination of whether the Covenant Area has become untidy, unsightly or unattractive shall be made by the Grantee, acting reasonably, and the Grantee, his servants, agents and employees, shall have the full right and authority to enter upon the Covenant Area (from time to time during daylight hours and following notification to the Grantor) for the purpose of cutting grass, controlling weeds and noxious grasses and trimming shrubs and hedges that the Grantor has permitted to become untidy, unsightly or unattractive.
The Grantor will indemnify and save harmless the Grantee against all losses, damages, costs and expenses, including fees of solicitors and other professional advisors, arising out of any breach, violation or non-performance of this Agreement.
No term, condition, covenant or other provision of this Agreement will be considered to have been waived by the Grantee unless the waiver is expressed in writing by the Grantee.
Any waiver by the Grantee of any term, condition, covenant, or other provision of this Agreement, or any waiver by the Grantee of any breach, violation or non-performance of any term, condition, covenant or other provision of this Agreement does not constitute and will not be construed as a waiver of any further or other term, condition, covenant or other provision of this Agreement or any further or other breach, violation or non-performance of any term, condition, covenant or other provision of this Agreement.
The terms, conditions, covenants and other provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties to this Agreement and their respective successors and assigns.
The parties acknowledge and agree that the Grantor and its successors in title shall not be personally liable for any breach of this Agreement occurring after they have ceased to be the owner of the land upon which the breach has occurred.
This Agreement will be interpreted according to the laws of the Province of British Columbia.
If any part of this Agreement is found to be illegal or unenforceable, that part will be considered separate and severable and the remaining parts will not be affected thereby and will be enforceable to the fullest extent permitted by law.
It is mutually agreed between the Grantee and the Grantor: (a) That the Restrictive Covenant shall be construed as running with the land, that no part of the fee shall pass or be vested in the Grantee under or by these presents and that the Grantor may use and enjoy the Servient Tenement subject only to the rights and restrictions herein provided; (b) That the Restrictive Covenant shall be appurtenant to the Dominant Tenements; (c) That the expressions "Grantee" and "Grantor" herein contained shall be deemed to include the executors, administrators, successors and assigns of such parties wherever the context so admits; (d) That wherever the singular or masculine are used in this Agreement, they shall be construed as meaning the plural or feminine or the body corporate and vice versa where the context or the parties hereto so require.
IN WITNESS WHEREOF the parties signing the Form C attached hereto agree to be bound by the terms of this Agreement.
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