Homes

The custom built homes of Ruby Hills Estates will be among the most desirable in the County of Wetaskiwin.

Beautifully designed to meet the individual owner preferences the homes of Ruby Hills Estates will complement the natural surroundings of Bigstone Creek and the rolling hills of the development.

Distinctive entrance, safe paved roads, underground power lines,  and access to the 44 Acre Environmental Reserve set this estate subdivision apart from all others.

·         Homes designed to fit in with the surrounding countryside.

·         Minimum front setback of 10 meters.

·         Bungalow – minimum 1300 sq. ft. on main floor.

·         2 storey and 1 ½ storey – minimum 1200 sq. ft. on main floor.

·         Split level and homes with bonus room over the garage – two levels minimum 1750 sq. ft.

·         Double or Triple Garages either attached to, or designed to complement, the house.

Integrity

Peace, quiet and enjoyment of the natural environment is part of the beauty of Ruby Hills.  Restrictions will apply to maintain these qualities including:

·         Limiting recreational motorized activity

·         Controlling nuisances

·         Limiting tree cutting

Restrictive Covenant as to the Use of Land

Whereas SAKKAB INVESTMENTS INC., of  # 22-1780 Glastonbury blvd. NW, Edmonton, AB. T5T 6P9 is the registered owner of lands legally described as:

                PLAN     0740104
                BLOCK  1
               LOT       2
               EXCEPTING THEREOUT ALL MINES AND MINERALS             AND

 MERIDIAN 4 RANGE 24 TOWNSHIP 46
SECTION 32
QUARTER SOUTH EAST
CONTAINING 64.7 HECTARES ( 160 ACRES ) MORE OR LESS
EXCEPTING THEREOUT:
                                                               HECTARES (ACRES)  MORE OR LESS
               A).  PLAN 0728287   DESCRIPTIVE  15.22       37.61
               EXCEPTING THEREOUT ALL MINES AND MINERALS

                ( hereinafter referred as the lands or Ruby Hills Development)

And whereas it is desirable for the purposes of the development of the said lands that continuous minimum standards of development be maintained;

The development on the aforementioned lands properties and individual lots shall be hereinafter bound by this restrictive covenant.

Now therefore for the benefit of the registered owner and all persons hereinafter deriving title or an interest in the said lands and lots, the registered owner does hereby cause the following Restrictive Covenants to be registered against the titles to the said lands and lots for the purpose of maintaining the said minimum standards:

the registered owner does hereby register the Restrictive Covenants as hereinafter set forth on all lands and lots herein described, by way of Caveat or other encumbrances filed by the registered owner, which covenants shall run with the land and lots, and shall enure to the benefit of and be binding upon the present owner and every transferee and every other person deriving title or any interest in land from them, until such time as these Restrictive Covenants or any of them shall be withdrawn, altered or modified by law.

1.       No development shall be commenced, no construction shall be carried out, no buildings shall be erected or exist on the said lands and lots except in full compliance with the following:

a).  no fences erected or maintained shall be barbed wire construction or be composed of barbed wire; For all lots that back onto the creek, the fence must be of  chain link, and of a dark green colour only.

b).  no manufactured or prefabricated homes or structures or accommodations or structures of a like nature shall be permitted to remain on any part of the said lands and lots, nor shall be used for living or sleeping accommodations whatsoever at any time, and in no event shall such facility be used for any permanent or temporary residential purposes whatsoever.

c).  no mobile home or other accommodation of a like or similar nature shall be permitted to remain on any part of the said lands and lots.  No holiday trailer or motorized home, or other accommodation of a like or similar nature shall be used for living or sleeping accommodation for any one period of seven(7) days, and in no event shall any such facility be used for any permanent or temporary residential purpose whatsoever. 

d).   no part of the said lands and lots shall be used for depositing, dumping, burning, gathering, accumulating, storing or storage of any refuse, trash, garbage ( including discarded, damaged or used vehicles and building materials), land fill, or any other unsightly chattels and materials.

e).  no owner shall suffer or permit the said lands and lot and any development located thereon to be kept other than in a well-maintained, safe, clean and attractive condition.

2.  No residential building constructed on the said lands and lots shall have a design/layout/ configuration other than the following, nor have less than the following prescribed floor areas:

      a).  for bungalows or bi-levels:  minimum of 1,300 square feet on the main floor/level ( not including garage).  The building shall have a double or triple garage attached to the building.

       b).  one and a half ( 1 ½) and two (2) stories: minimum of 1,200 square feet on the main floor/level ( not including the garage).  The building shall have a double or triple garage attached to the house.

       c).  split-level and modified bi-levels with bonus room over the garage:  minimum of 1,750 square feet above grade level.  The building shall have a double or triple garage attached to the house.

3.   All buildings, structures, improvements and development shall comply and conform to the terms and conditions of the Development Agreement with The County of Wetaskiwin.

     Notwithstanding any discretionary uses as described in the definition of “Country Residential”, and in keeping with a high standard of residential use and permitted uses, all structures shall be built, exist, used and be occupied only for use as a residence, residential-style garage for parking/storage of up to four vehicles plus a shed (not to exceed 100 square feet), and, without limiting the foregoing, no structures shall be built, nor shall the land or the lots, exist, be used for, or be occupied as  a business, or for or as industrial or commercial uses, or for or as a repair or maintenance shop, or for warehousing, or for commercial or  business storage or parking.

 4.  Not more than two dogs shall occupy each lot.  It is the owner’s responsibility to abide by the County’s animal by-laws.  Animals within the boundaries of Ruby Hills Developments must be either kept within a secure enclosure, or on a leash being held by a person capable of controlling the animal.

 5.  No person shall park, store or keep anywhere on the lands/lots or on any roadway or right-of-way within Ruby Hills Development, any inoperable vehicle or any large commercial type vehicle ( other than a pick-up truck, van, motor-home, holiday trailer or boat).  Examples of vehicles not allowed, without limitation, are any dump truck, cement mixer truck, oil, water, gas or delivery truck, any bus, aircraft, mobile home, or any other similar vehicle, unless these are wholly and always within the owner’s garage.

 6.  There shall be no interference with or alteration of the established drainage plan pattern over any lot within  Ruby Hills Development unless an alternative provision is made for proper drainage approved by the County.  The “established drainage plan” means the storm management plan.

 7. a).  Each owner, at their sole cost and expense, maintain, repair, replace and restore all improvements located on the owner’s lot and to keep the lot itself and all said improvements in a safe, neat, sanitary and eye-pleasing condition.

 b).  No owner shall damage or remove any trees on the owner’s lot, except to    facilitate development on the building site.

 8.   Conservation Area (  44-acre environmentally-protected park)

a).  it shall be the duty of each owner to ensure no damage to or removal of the trees which currently exist in the conservation area within Ruby Hills Developments .

b).  Vegetation Disturbance: The owner shall not conduct, pursue or permit the cutting, removal, or destruction of vegetation, including trees, shrubs, on the Conservation Area, except as required by law or with the prior express written consent of the  County.

c) Drainage Alteration: Except with the prior express written consent of the County, the owner shall neither conduct, pursue or permit any alteration, diversion or drainage of water courses or bodies on or under the Conservation Area or apply or permit the application to any applicable government authority to after, divert or drain any water courses or bodies on or under the Conservation Area.

d) Wildlife Disturbance: The Owner shall not conduct, pursue or permit any activity making or causing noise, glare, obstruction or odor on the Conservation Area which may be reasonably anticipated to disturb wildlife patterns.

e) Wildlife Fence Type: the owner shall not conduct, pursue or permit the impeding of wildlife movement to and from the Conservation Area  except with the prior express written consent of the County, the owner shall not construct or place or permit the construction or placement of any fence inside the Conservation Area.

f) Chemical Spraying: The owner shall not conduct, pursue or permit any application or deposit of any chemical herbicides, pesticides or fertilizers or other chemicals on or in the Conservation Area except as required by law.

g) Excavations: The owner shall not .conduct pursue or permit any soil disturbance, excavating, dredging or mining of sand, grave! or rock or other material  within fie Conservation Area.

h). Refuse: The owner shall not place garbage, waste, debris or refuse, whether human or non-human produced, on the Conservation Area.

i). Constructions: The owner shall not conduct, pursue or permit any            development or construction on the Conservation Area including, but not limited to, a dwelling or other building or structure.  The owner shall not conduct, pursue or permit any disturbance to or alteration of any improvements on the Conservation Area except as required by law or by the County.

j).  No owner shall place, use or operate or allow to be placed, used or operated motorized vehicles, including motor vehicles, ATV’s, motor cycles, snowmobiles,  in the Conservation Area.               

9.  The foregoing covenants are to maintain and facilitate an orderly high standard of development of the said lands and shall run with the said lands, and shall bind each and every subsequent owner to each and every owner or owners of the said lands and should any owner breach any covenant, then another or other owners may proceed against him in law toenforce compliance with the breached covenant.  A reference to the “said lands” herein shall be a reference to each and every lot.

DATED at the City of  Wetaskiwin. Alberta this    day of               2009.

SAKKAB INVESTMENTS INC.