DPECA: Property Covenants (SoR)
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This Schedule of Restrictions is registered on the property title of each property
within the boundaries of Dean Park Estates.
SCHEDULE OF RESTRICTIONS
1. There shall be no commencement of site preparation, including filling and
excavating, or constructions of any improvement or alterations thereof until a complete
set of plans, signed by the owners has been deposited with DEAN PARK ESTATES
COMMUNITY ASSOCIATION, (DPECA), and approval therefore been obtained as herein
after provided, it being the intent of these restrictive covenants that all improvements,
including dwellings, fences, and landscaping are to be controlled as to design, siting,
height, setbacks, type of material used, and exterior colour schemes. For greater clarity
and certainty, it is the intent of these restrictive covenants to ensure a variety in set
backs and dwelling types to be built upon the lots and to ensure that all dwellings and
improvements are suited to the particular lot on which they are to be located.
2. WITHOUT restricting the generality of Clause 1, no trees or vegetation
shall be removed or substantially alt¬ered without approval, and conversely, no
lot after the initial sale thereof by Park Pacific Apartments Ltd. shall be left in
such a state as to unreasonably impede the view from any other lot or lots and
to this end the body whose approval is required may require that any trees or
vegetation be removed, topped or, otherwise modified from time to time.
3. NO lot shall be left so that construction of any improvement shall not
have commenced within six (6) months of the granting of approval therefore,
(failing which the approval shall be void), or all improvements shall not have
been completed within one (1) year of the date of issue of any building permit
or commencement of site preparation, whichever shall first occur.
4. NO improvement or lot shall be allowed to become in disrepair or
unsightly or untidy, it being the intent of these covenants that all lots,
improvements thereon and boulevards shall be maintained at all times in a neat
and attractive state and condition.
5. NO lot shall be subdivided or altered with respect to its boundaries
without approval, except that where a subdivision plan is required by the
District of North Saanich, or the Province of British Columbia, for the purpose of
dedicating any portion of a lot within the subdivision for a road or park or other
public purpose, neither the consent of the approving authority nor of the
owners of any lot within the plan of subdivision shall be required.
6. NO dwelling shall be erected which shall have a main floor area of less
than twelve hundred (1200) square feet inclusive of outside walls but exclusive
of any garage, carport, covered extension, patio, porch or other appendage.
7. EXCEPT as hereinafter noted, no building shall be used for any
purpose other than that of a single family residence. In particular, without
restricting the generality of the foregoing, no building shall be used at any time
for the purpose of any profession, trade, vocation, commercial enterprise of any
description, nor as a hospital, charitable or religious institution, apartment,
boarding or lodging house.
8. NO animals, birds, or livestock other than domestic household pets
shall be kept on any lot at any time for any purpose.
9. NO sign or advertising of any kind, except a sign previously approved,
and in a designated form, offering a lot or residence for sale, shall be placed or
situated on the lot or on any chattel permanently or temp¬orarily located on
any lot.
10. EXCEPT for private passenger automobiles, no chattels, including but
without restricting the generalities thereof, trailers, campers, motor homes,
trucks and boats, shall be parked, placed or situated on any lot except in a
garage, or in an area situated on the lot, which is bounded by an approved
screening for the benefit of neighbouring lots.
11. THERE shall not be stored or accumulated in the open on any lot waste
or materials of any kind whatsoever.
12. NO storm drain, or sanitary sewer connection shall be covered or
backfilled prior to approval.
13. NO pole, mast, antenna or similar device of any kind, whether for the
purposes of receiving or transmitting radio or television signals or otherwise,
shall be erected or installed on any lot or on the exterior of any building.
14. NO electrical, telephone or other lines or wiring whatsoever shall be
erected or installed above ground on any lot.
15. IN the event of any breach by an owner of the restrictive covenants for
a period of thirty (30) days after notice in writing delivered to the lot by the
approving body requesting the owner to remedy such breach, such body may
cause such work as may be necessary to cure the breach to be performed and
costs thereof shall be a debt owing by the owner, payable on delivery to the lot
of an invoice for such work.
16. ANY consents or approvals necessary pursuant to the foregoing
restrictive covenants shall be in writing and obtained from PARK PACIFIC
APARTMENTS LTD., or its agent, or nominee, who may also relax, waive, or
modify any of these restrictive covenants as, in its sole discretion, it may see fit.
17. ANY approval being granted as aforesaid shall be final and binding and
shall not be open to question by any owner or owners of other lots, and failure
of the approving body to enforce these restrictive covenants or to exercise its
powers in a judicial manner shall not render such body liable in damages or to
any claims or demands whatsoever.
NOTE: On August 26, 1992, Park Pacific Apartments Ltd., designated and
named “Dean Park Estates Community Association” as their authorized
agent and nominee with respect to all matters relating to any building
scheme affecting lands within that part of the Municipality of North Saanich,
B.C. commonly known and designated as “Dean Park” wherein Park Pacific
Apartments Ltd., is a designated approving body in such building scheme.