LAND TITLE ACT

FORM 35

DECLARATION OF BUILDING SCHEME

NATURE OF INTEREST: Charge: Building Scheme

HEREWITH FEES OF:

Name , Address, Telephone number of person presenting application:
Address of Person Entitled to Apply to Register this Building Scheme:

Signature of Applicant’s
Solicitor or Authorized
Agent

The applicant hereby authorizes the Victoria Land Title Office to insert the Plan number where required in this document.

(hereinafter called the “Developer”), , DECLARE:

1. I am the registered owner in fee simple of the following land (hereinafter called “the Lots”)

PID
LEGAL DESCRIPTION

2. I hereby create a building scheme relating to the Lots.

3. A sale of any of the Lots is subject to the restrictions enumerated in the schedule attached or annexed hereto.

4. The restrictions shall be for the benefit of all the Lots.

5. The Developer expressly reserves the right to exempt any of the Lots remaining undisposed of at the time the exemption takes effect from all or any of the restrictions and benefits or this building scheme.

Officer Signature (s):

Party (ies) Signature (s):

Execution Date

Y
M
D

by its
authorized signatory:

Execution Date

Y
M
D

(Mortgage No._____________________)

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.

EXHIBIT “A”

SCHEDULE OF’ RESTRICTIONS

NOTHING CONTAINED IN EXHIBIT “A” OR EXHIBIT “B” SHALL EXEMPT AN OWNER

FROM COMPLYING WITH THE TERMS AND CONDITIONS OF THE ENCUMBRANCES

REGISTERED AGAINST THE LOTS OR MUNICIPAL BYLAWS AND REGULATIONS.

1. Until permitted in writing by (the “Administrator”) , no person will commence any improvements, including any:

(a) excavation or removal of any fill or ground cover;

(b) application for development approval or a building permit;

(d) landscape treatment; or

(e) tree removal and clearing

(collectively or individually herein referred to as “Improvements”)

on any of the Lots without first complying with the provisions set out in this Exhibit “A” and Exhibit “B” and obtaining all necessary approvals from the Administrator. Upon ---------------------- ceasing to own any of the Lots, the Administrator shall be appointed by the owners of the Lots at that time.

2. Prior to making any Improvements, two copies of the plans and specifications, prepared in accordance with the requirements set out in Exhibit “B” (the “Plans and Specifications”) shall be submitted to the Administrator, or its designated approving agent from time to time (the “Designate”), for the Administrator’s (or Designate’s) written approval. If the Plans and Specifications are approved, one copy shall be kept by the Administrator.

3. The Administrator, or the Designate, shall receive and consider the Plans and Specifications in a timely manner and either approve or reject the Plans and Specifications, or make recommendations for alterations of the Plans and Specifications in accordance with the guidelines set out in Exhibit “B”.

4. The approval criteria and procedures set out in Exhibit “B” shall apply to all alterations and modifications.

5. Following approval of the Plans and Specifications, no construction of Improvements will be commenced on any of the Lots except:

(a) in accordance with the approved Plans and Specifications; and

(b) in compliance with all applicable laws, ordinances, rules, regulations or orders of governmental or municipal authorities.

6. The Administrator shall have the right to delegate to an appropriate body, person or other organization, the right to exercise the rights and powers reserved to the Administrator in this Exhibit “A” and in

7. No dwelling or other building shall be erected on the Lots with a front, rear, or side yard of lesser depth or width than that which is specified in any zoning bylaw or other bylaw of the City of Colwood (the “City”) (save and except as varied by the City or its Board of Variance) respecting front, rear, or side yards and the Administrator reserves the right, at its absolute discretion, to require a front, rear or side yard of greater depth or width than the minimum called for by the City bylaw, where, in its judgment, this appears necessary or desirable having regard to topography, drainage, view of adjacent Lots, tree protection or any other factor.

8. Wherever or whenever the approval or consent of the Administrator is required to be obtained that approval or consent may be given by the officer, agent, person, or persons that may from time to time be nominated, appointed or designated in writing by the Administrator for that purpose and that power of appointment or right of nomination may be delegated by the Administrator, and these appointees or nominees shall have the right to withhold approval of, or their consent to, and may reject, any matter or thing being submitted for approval or consent.

9. The restrictions and stipulations herein contained shall not be deemed to be exclusive either of the requirements of the bylaws of the City or of the obligations or liabilities imposed by statute or the common law on owners or occupiers of land, all of which shall be complied with.

10. Wherever the word “owner” or “owners” is used it shall mean the registered owner or owners of the Lot or the Lots.

11. If any term or terms are found by any Court of competent jurisdiction to be illegal, invalid or for any reason unenforceable or void, then such term or terms will be deleted (except where such term or terms are by cross-reference incorporated into any term and such other term is not similarly found to be illegal, invalid or otherwise unenforceable or void) and the tern or terms will be constructed as though such term or terms so deleted were never included.

12. The terms have been instituted for the general benefit of all owners of all Lots from time to time and each such owner, in agreeing to buy any Lot or Lots acknowledge such general benefit and the personal benefit attaching to that Lot purchased and agrees that notwithstanding anything herein contained, their being in violation of the restrictions will constitute an injury and damage to all owners of the Lots from time to time impossible to measure monetarily and, as a result, any or all of the other owners of the Lots from time to time shall, in addition to all the other remedies in law and in equity or herein, be entitled to a decree or order restraining or enjoining any breach of any such provisions and, if named in an application for such an order, will not plead in his or her defence that there would be an adequate remedy in law.

The terms will run with and bind all of the Lots and every part, and render the owner, each purchaser, lessee, sublessee and occupant, and each successor in title, future purchaser, lessee, sublessee and occupant of any Lot or Lots or any part subject to the restrictions in this building scheme and confer on them the benefits of this building scheme.

EXHIBIT “B”

EVERGREEN RISE SUBDIVISION DESIGN CODE

1. INTRODUCTION

The Evergreen Rise Subdivision is a comprehensively planned residential street located in the City of Colwood. The provision of neighbourhood parkland, the character of the street, the placement of buildings within the Lots, as well as the architectural form of the homes have all been sensitively considered and thoughtfully planned. Together, all of these design elements combine to create a special residential neighbourhood.

2. PURPOSE

(a) The development objective of Evergreen Rise Subdivision is to establish an identifiable, high quality residential neighbourhood that compliments the physical character of the Latoria area. Quality of development is ensured through the implementation of the Evergreen Rise Subdivision Design Code (the “Design Code”). While the Design Code controls architectural and landscaping elements within each Lot, the intent is not to inhibit creativity. Purchasers are encouraged to explore home-site potential within the context of the Design Code.

(b) The purpose of the Design Code is to establish and protect the purchaser’s investment in the neighbourhood by ensuring the integrity of development of every Lot in the Evergreen Rise Subdivision. The Design Code addresses the character and quality of all aspects of development:

(i) size, form and placement of buildings within the Lot and relative to one another;

(ii) architectural form and character of buildings;

(iii) landscape elements within the Lot.

3. DESIGN REVIEW PROCESS

(a) A Design Review Administrator (the “Administrator”) will administer the design review process as defined by the Design Code. It is intended that ) will act as the Administrator.

(b) The role of the Administrator is to examine each proposal for Lot development to ensure that it conforms to the Design Code. Once the Administrator is satisfied that a submission conforms to the Design Code, a “Received and Accepted” stamp will be affixed.

(c) All requests for changes to any home-site plans that have been affixed with the “Received and Accepted” stamp must be made in writing to the Administrator.

(d) The City of Colwood may request an applicant for a building permit for a Lot in the Evergreen Rise subdivision to confirm that home-site plans have been approved by the Administrator of the Design Code.

3.1 Home-Site Development

(a) The Owner will be provided with a building scheme site plan prepared by the developer’s surveyor (the “Building Scheme Site Plan”) that may include development details as follows:

(i) Lot dimensions and gross area;

(ii) allowable building envelope as described in section 4.3 (the “Building Envelope”) and location of the build-to line;

(iii) connection locations for storm and sanitary services and invert levels at property line;

(iv) preferred location of driveway entry (where applicable)

(b) Home plans must conform to all provisions of the Design Code, and the home builder will be subject to the following design review process (sections 3.2 through 3.4).

3.2 Submission Requirements

The Administrator requires detailed information about the proposed home and other development within the Lot. The Submission Requirements (Appendix “1”) summarize the development information that must be submitted by a Lot Owner. Each Owner is encouraged to thoroughly review the Design Code prior to purchasing a Lot and should meet with the Administrator to discuss the preliminary plans prior to detailed design. Discussions at an early stage will help to identify design considerations that are specific to the Lot.

3.3 Compliance Deposits

(a) The successful development of the Evergreen Rise Subdivision is dependent upon the rigorous application of the Design Code. A refundable $3,000.00 Compliance Deposit (amount is subject to change) is to be paid to the Administrator or it’s designate at or before the time of completing the purchase of the Lot. The Compliance Deposit will be held to ensure that Lot development is completed in compliance with the “Received and Accepted” plans. It should be noted that payment of the Compliance Deposit is separate from and does not take precedence over the payment of any deposits required by the City of Colwood.

(b) Refund of the Compliance Deposit is at the discretion of the Administrator and will occur following substantial completion of building(s) and completion of the landscape work, at which time the Administrator will conduct a final inspection, Provided that the building(s), as constructed and the landscape work, complies with the “Received and Accepted” plans, the Administrator will release the Compliance Deposit. Should the building(s) and/or landscape work fail to comply with these conditions; a list of the deficiencies to be completed prior to release of the monies will be issued. All landscape requirements must be satisfied no later than six (6) months after final inspection by the City of Colwood.

(c) As noted, the Compliance Deposit shall be forfeited to the Administrator, in whole or in such proportions as determined by the Administrator or its designate (in its absolute discretion), if any aspect of Lot development fails to comply with the “Received and Accepted” plans. Interest will not be paid on the Compliance Deposit.

(d) The City of Colwood may, prior to authorizing the occupancy of a dwelling following construction, request the Administrator of the Design Code to confirm that the dwelling and landscaping work have been completed, or that a list of deficiencies has been provided to the Owner and the Compliance Deposit retained by the Administrator.

3.4 Completion and Final Inspection by the Administrator

Final inspection of the building(s) by the Administrator and the City of Colwood must occur no later than one (1) year after the issuance of a Building Permit by the City of Colwood. Final inspection for the landscaping must occur no later than six (6) months after the final inspection of the buildings by the City of Colwood. Reasonable minor extensions in order to accommodate circumstances such as weather and time of year may be granted upon written request.

3.5 Alterations

(a) The Design Code is intended to control the form and character of all development in the Manzanita Lane Subdivision both at the time of initial construction as well as in the longer term. Should an Owner wish to alter any home or landscape (beyond the scope of the original “Received and Accepted” plans), such alteration(s) must conform to the Design Code.

(b) To ensure conformance with the Design Code, an Owner who wishes to alter a home-site is required to obtain a “Received and Accepted’ stamp on the alteration plans from the Administrator. The City of Colwood may request an applicant for a building permit for alterations in the Evergreen Rise Subdivision to confirm that the proposed alterations have been approved by the Administrator of the Design Code.

3.6 Municipal Approvals

The restrictions set out in the Design Code are supplementary to, and do not replace, generally applicable statutes and bylaws including the British Columbia Building Code, the City of Colwood Bylaw and the City of Colwood Land Use Bylaw. Compliance with these restrictions does not relieve the Owner of any Lot from obtaining a building permit, occupancy permit or any other permit or authorization required under any bylaw of the City of Colwood or any other authority having jurisdiction over matters involved in the development of any Lot.

4. BUILDINGS AND SITING

Although some of the zoning regulations governing the development of Lots may be reiterated in the Design Code, the zoning regulations must be adhered to by the Owner to ensure complete compliance with all development regulations. For each housing type in the Evergreen Rise Subdivision, specific setback regulations relating to the siting of primary buildings and garages are applicable. In addition, regulations concerning other issues such as building elevations and vehicular parking may be applicable. The municipal review process for a Building Permit application will address conformity with the Zoning Bylaw.

4.1 Architectural Character

There is no one theme or architectural style that will dominate the character of the Evergreen Rise Subdivision. What will be governed is an attention to quality, proper proportions and consistent character within an individual building. An important object of the Design Code is to ensure a general sense of fitting into the surrounding context of homes. A dominant architectural characteristic of every home is a pitched roof. Street character and a human scale to design, particularly when expressed through architectural detail, are important qualities in an Evergreen Rise Subdivision home. In general, the design of homes should promote architectural variety along the street to create a degree of complexity and visual interest. At the same time, the overall character of the streetscape should achieve a balanced harmony of forms, colours and themes to create a unified neighbourhood character.

4.2 GARAGES AND VEHICULAR PARKING

(a) All houses must have a minimum of a “one car” garage. Attached garages and detached garages must be completed before the Compliance Deposit is refunded. All detached garages constructed at a later date must conform to the guidelines for detached garages as outlined herein. Carports and similar structures are not permitted as an alternative to the required minimum “one car” garage.

(b) Both attached and detached garages must possess an architectural character (style and proportion) consistent with the home and must have similar detailing, finish and colour. Garage doors are to be panelled and painted or stained. Aluminium and steel garage doors are not permitted. Plans must include specifications for garage doors including manufacturer, model or style.

(d) Garages must not have a height greater than 2.8 metres from the finished floor to the eaves or underside of joists, measured at the garage door face. Over height garages are not permitted.

(e) Storage of boats, camping trailers or recreational vehicles on the Lots is not permitted unless they are screened from view from the street and from adjacent Lots. Commercial vehicles, other than light commercial vehicles, are not permitted to be stored on any Lot.

4.3 General Siting/Vehicular Access

The Building Envelope is defined by the required setbacks as per the Zoning Bylaw. It identifies the area within each Lot where built structures may be located. Each home shall be sited within the Building Envelope to take maximum advantage of the natural characteristics of the Lot (for example, Lot grade and sun angle) while respecting the overall neighbourhood character. Siting should take into consideration privacy of exterior yards, siting of adjacent homes to minimize overview or shadowing and variety of building form along the street.

4.4 Entries

The entry to a home represents an important connection between the private interior living spaces and the street. Generally, the front door to homes should be visible from the street.

4.5 Roofs

A prominent design feature of residences in the Evergreen Rise Subdivision will be roof silhouettes. Pitched roofs are preferred over flat roofs. Where roofs are sloping, these are to be at a minimum pitch of 5:12. Flat roof designs will be considered where they are compatible with adjacent properties, improve view corridors or resolve height problems on steeper slopes. Roof accessories, such as vent shafts are to be in locations less visible from adjacent streets. Mechanical equipment should be located within the volume of the residence. Sloping roof cladding materials may be wood shakes or shingle, asphalt or fibreglass shingles, concrete, clay or slate tile. In the case of asphalt or fibreglass shingles, raised profile ridge capping must be used.

4.6 Exterior Walls

The choice of external wall materials should reflect the character of the neighbourhood. Recommended external wall materials are vertical and horizontal wood siding, wood shingles, cement siding, brick, or natural stone and broom dash patterned stucco. Acrylic stucco finishes will be permitted provided an approved color has been accepted by the Administrator.

The use of industrial style materials, such as metal or plastic siding is prohibited. Extensive areas of untextured concrete are discouraged. External wall colours should harmonize with the surrounding natural landscape. Warm earth-tones in paint or stain are encouraged. Garish colours are prohibited. Windows and door openings in external walls should be articulated so as to enhance the sense of wall thickness. This may be achieved by, for example, the use of wide trim boards framing these openings, or by insetting the window or door into the walls. All gable ends and fascia boards must have a minimum thickness of two 1 ½ inches and a minimum width of 8 inches and must include a secondary trim or crown application. A fascia board of minimum of 1 ½ inches x 8 inches must be installed behind all gutters.

Plans must include a detail showing typical window and door trims.

All front entry doors must be wood construction, manufacturer’s specifications are to be included with plans.

4.7 REGRADING

Proposed new grading on each residential Lot should be designed to blend into the existing grading on that Lot. Cuts and fills should be minimized and where required, feathered into the existing terrain or retained by a rock mortared wall; all such grade changes are to take place within the Lot. Use of stacked boulders for retaining will be at the discretion of the administrator. Drainage patterns within a Lot may be modified, but these modifications must be consistent with the overall new drainage planned for the subdivision. Any such drainage changes are to be carried out according to current engineering practice, and be approved by the Administrator.

4.8 Height

(a) No buildings on any Lot may have more than two and one half (2 1/2) storeys as viewed from the street.

(b) Buildings may be a maximum of three (3) storeys in height taken from the average grade of the lowest face provided that the third storey exterior wall is set back two (2) metres from the primary face of its immediate lower floor level.

4.9 SUITES

(a) Maximum of one suite per home, not to exceed 850 sq. feet, no more than 2 bedrooms, one

bathroom.

(b) Any home designed with a suite must show and provide off street parking on the lot.

5. LANDSCAPE AND CONSTRUCTION GUIDELINES

(a) A Landscape Plan is required for the entire Lot area and shall be designed to enhance individual homes and to unify the streetscape. Landscape design should strive to achieve objectives such as:

(i) screening of adjacent private areas;

(ii) creation of a sense of enclosure within the yard;

(iii) provision of shade to outdoor spaces;

(iv) framing of architectural elements.

(v) the restoration of native trees where possible

(b) In-ground automated irrigation systems are mandatory.

5.1 Fencing. Driveways and Walkway

(a) No side yard fencing shall be erected except behind the front face of the house and no closer than four (4) metres from the front corner(s) of the house.

(b) Custom designed fencing is mandatory; no pre-manufactured panels will be accepted. Plans must include details of typical panels. Owners are encouraged to work closely with owners of adjacent properties to ensure compatible designs and colours. Where fencing lengths of longer than 60 feet are required, plantings to provide necessary screening between properties will be incorporated and shall not exceed 1.8 metres in height.

(c) No driveways or walkways on any Lot shall be constructed of materials other than exposed aggregate concrete, stamped concrete or interlocking brick or a combination thereof. No gravel driveways, walkways or parking areas shall be permitted.

(d) No driveways shall be constructed that do not extend to the front curb or sidewalk crossing.

5.2 Construction Practice

(a) Owners/Builders are required to keep their Lot, their neighbours’ Lots as well as the abutting streets and properties clean and orderly during construction and marketing. No material or debris shall be stored on an adjacent property, or disposed of on-site. There will be no burning of garbage. Owners/Builders who fail to comply with these requirements will be charged for any clean-up carried out by the Administrator or its agents.

(b) House excavation or construction shall not undermine the slope stability of a roadway base or other public space such as parks, sidewalks or curbs. Appropriate temporary and/or permanent earth retention measures will be taken to ensure the integrity of neighbourhood properties. Owners/Builders will be responsible for redressing any damage caused during construction to other properties, whether private or public.

(c) Development and construction activities within the Lot must minimize impacts on the natural environment (i.e. trees, ravines, water quality and air quality). Erosion control to prevent siltation within storm drains, catch-basins and creeks is of utmost importance.

(d) At the onset of construction within a Lot, a gravel access area (at least 3 metres wide by 6 metres in length) at the edge of the site must be established. These construction staging areas are intended to minimize the transfer of sediments from the site onto the public street and also to serve as the required delivery point/staging area for all materials being brought onto, or removed from, the Lot.

(e) Throughout construction, the sidewalk and street adjacent to the Lot should be cleaned daily. Given that silt must be prevented from entering the storm drain, power washing of streets may not be an acceptable method of cleaning.

(f) It is reiterated that any damage to other properties, public or private, caused by the Owner/Builder or his/her mover, landscaper or other agent must be redressed at the expense of the Lot owner.

6. GENERAL REGULATIONS

(a) In the event of any breach of any one or more of the above terms and specifications, the Administrator or its agent shall have the right but shall not be obligated, to enter upon any Lot and abate and cure at the expense of the owner of the Lot who is in such breach, any such breach, capable of abatement or cure. Such owner shall pay to the Administrator forthwith upon demand all costs incurred by the Administrator in such abatement or cure and such costs shall constitute a charge upon such owner’s Lot.

(b) Should any part of this document be deemed inappropriate, such a decision shall not negate the validity of the remainder of the document, which shall continue to govern development within each Lot.

(c) All Lots shall be maintained in conformance with the character and quality of the original design and construction, including original materials and colour scheme.

(d) Application for alteration must be made in writing to the Administrator who will have sole discretion with respect to compliance with the Design Code.

(e) The Administrator reserves the right to accept home-site designs that do not meet the guidelines set out in this building scheme in all respects, if, in the opinion of the Administrator, the intent or principle has been met or the design is otherwise deemed to be acceptable.

APPENDIX “1”

DESIGN REVIEW SUBMISSION REQUIREMENTS

Details of the proposal for Lot development are required by the Administrator in order to assess conformance with the Design Code and Building Scheme Site Plan. As a minimum, the following information must be provided in the submission. Other information may be requested by the Administrator in order to review specific situations. Incomplete submissions will be returned without review.

1. Site Plan Requirements

Two (2) copies of a site plan at a scale of 1:100 or 1” - 8’0” must be provided, with the following information:

(a) property line dimensions;

(b) location of any utility easements, hydrants, light posts, drainage swales, underground water lines, sanitary, and storm sewer lines;

(d) schematic grading plan indicating existing and proposed grades throughout the Lot as well as elevations of:

(i) each corner of the home and the Lot;

(ii) the finished main floor, basement floor and garage slab;

(iii) the top of retaining wall(s);

(e) landscaping details including the location and species of all lawns and new plantings;

(f) home, deck or patio location and dimensions;

(g) fencing location and specifications; and

(h) location and slope of the driveway and walkway(s).

2. House Plan Requirements

Two (2) copies of house plans at a scale of 1:100 or 1” - 8’O” must be provided, with the following information:

(a) plans of all levels of all buildings, including the basement.

(b) detailed elevations showing the nature and extent of materials used on all facades of all buildings;

3. Colour Requirements

One (1) colour board or indication on the home plan that illustrates or provides examples of the proposed colours of exterior materials including the roof, exterior siding, brick, stone, trim, all doors, soffits, gutters or any other coloured material to be used on the home or in the landscape.

APPENDIX “2’

SUBDIVISION APPLICATION FOR DESIGN REVIEW

APPLICANT

Name:

Present Address:

City Postal Code

Telephone: Fax:

Subdivision Lot No.

Legal Description:

PROPOSED HOME-SITE DEVELOPMENT

Home Style (two storey, split level, etc):

Total Finished Floor Area:

Overall Height:

Home Siting (Setbacks):

Front: Rear:

Right Side: Left Side:

Elevations:

Basement Slab: Main Floor:

Garage Slab:

Garage:

Detached: Attached:

If garage detached, siting (Setbacks):

Front: Rear:

Right Side: Left Side:

DESIGN REVIEW PROCESS

The applicant acknowledges that the Home-site development review is provided as a service and that the Administrator and its designate, if any, assume no responsibility for the accuracy of the information provided, or for any losses or damages resulting from use thereof. The applicant further acknowledges that he/she will hold the Administrator and its designate, if any, harmless from any action resulting from the use of this information.

In addition, the Administrator and its designate, if any, will not be liable for, and the applicant will indemnify and save harmless the Administrator and its designate, if any, in respect of any loss, cost, claim and damage arising out of the approval or deemed approval of any plans and specifications and the Administrator and its designate, if any, will not be liable for any modification or relaxation of, or failure to enforce, any of the terms of the building scheme.

Signature of Applicant Date

CONSENT AND PRIORITY AGREEMENT OF CHARGE HOLDERS

End of Document

Chuck Meagher

Marketing Agent - Queenswood Realty 1995 Ltd.
2556 Sinclair Road - Victoria - BC V8N 1B8

Bus: (250) 477-1100
Fax: (250) 477-1150

Email: cmeag@shaw.ca