1. Application (name, address, phone number and signature of applicant, applicant's solicitor or agent)

Transcription

1 LAND TITLE ACT FORM C Province of British Columbia GENERAL DOCUMENT PAGE 1 OF ## PAGES 1. Application (name, address, phone number and signature of applicant, applicant's solicitor or agent) 2. Parcel Identifier(s) and Legal Description(s) of Land:* (PID) (Legal Description) SEE SCHEDULE 3. Nature of Interest:* Description Document Reference Person entitled (page & paragraph) to interest SECTION 219 ENTIRE INSTRUMENT TRANSFEREE RESTRICTIVE COVENANT PAGES # - ## 4. Transferer(s):* 5. Transferee(s): (including occupation(s), postal address(es), and postal code(s))* DISTRICT OF MISSION, A MUNICIPAL CORPORATION, 8645 STAVE LAKE STREET, PO BOX 20, MISSION, B.C. V2V 4L9 6. Execution(s):** By signing this document you are affecting the land in the manner described in item 3. Officer Signature(s) Execution Date Party(ies) Signature(s) Y M D [OWNER], by its authorized signatory/ies * SEE FORM D 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. 1979, c. 116, to take affidavits for use in B.C. and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument. * If space insufficient, enter "See Schedule" and attach schedule in Form E ** If space insufficient, continue executions on additional page(s) in Form D

2 LAND TITLE ACT FORM D EXECUTIONS CONTINUED Officer Signature(s) Execution Date Party(ies) Signature Y M D [OWNER], by its authorized signatory/ies * DISTRICT OF MISSION by its authorized signatories * MAYOR CLERK *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. 1979, c. 116, to take affidavits for use in B.C. and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

3 LAND TITLE ACT FORM D EXECUTIONS CONTINUED ENTER THE REQUIRED INFORMATION IN THE SAME ORDER AS THE INFORMATION MUST APPEAR ON THE FREEHOLD TRANSFER FORM, MORTGAGE FORM, OR GENERAL DOCUMENT FORM. 2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND:* (PID) (Legal Description)

4 LAND TITLE ACT FORM E SCHEDULE Page of RESTRICTIVE COVENANT (Section 219 Land Title Act) THIS AGREEMENT made the day of, 200, BETWEEN: AND: (hereinafter called the "Covenantor") OF THE FIRST PART WHEREAS: THE DISTRICT OF MISSION, under the "Municipal Act", having its offices at 8645 Stave Lake Street, in the District of Mission, in the Province of British Columbia, V2V 4L9 (hereinafter called the "Covenantee") OF THE SECOND PART A. The Covenantor is the owner of and proposes to place a mobile home as an Secondary Family Dwelling (hereinafter referred to as "accessory unit") on that parcel or tract of land and premises situated within the District of Mission, in the Province of British Columbia, and more particularly known and described as: Parcel Identifier: (hereinafter called the "said lands") pursuant to Section of District of Mission Zoning Bylaw (the "Zoning Bylaw"); B. One of the conditions of obtaining the consent of the Covenantee for the placement of such accessory unit is the execution of this Restrictive Covenant. NOW THEREFORE THIS AGREEMENT WITNESSETH that pursuant to Section 219 of the Land Title Act, and in consideration of the premises and the mutual covenants and agreements contained herein and the sum of One ($1.00) Dollar now paid to the Covenantor by the Covenantee (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto covenant and agree each with the other as follows:

5 Page of 1. THE COVENANTOR COVENANTS AND AGREES with the Covenantee: a) that the accessory unit to be situated on the said lands shall only be used for the accommodation of a person who is a relative of the Covenantor as defined by the Zoning Bylaw and shall consist of a single wide mobile home on an approved foundation without a basement excavation; b) that if for any reason the accessory unit ceases to meet the requirements for an Secondary Family Dwelling contained in the Zoning Bylaw, the Covenantor shall forthwith remove the accessory unit from the said lands; c) that if the accessory unit is not removed from the said lands in accordance with this Agreement, within sixty (60) calendar days from receiving notice in writing from the Covenantee to do so, the Covenantee may remove the accessory unit from the said lands at the sole cost of the Covenantor, including shipping and storage costs. The Covenantor shall pay such deficiency to the Covenantee forthwith upon receipt of the Covenantee's bill for same. It is understood that the Covenantee may remove, ship or store the accessory unit either by itself or by contractors employed by the Covenantee; d) that if the accessory unit is removed by the Covenantee pursuant to this Agreement and placed in storage and if the Covenantor has not reclaimed the existing accessory unit for the lawful disposition thereof within thirty (30) calendar days from the removal of same from the said lands, the Covenantee may dispose of same without further notice to the Covenantor and the proceeds of disposition, less any costs incurred by the Covenantee, shall be paid to the Covenantor; e) to save harmless and effectually indemnify the Covenantee against all actions and proceedings, costs, damages, expenses, claims and demands whatsoever and by whomsoever brought by reason of the placing of the accessory unit on the said lands or the removal thereof pursuant to this Agreement; f) to do or cause to be done, at the sole expense of the Covenantor, all acts reasonably necessary to grant priority to this Agreement over all charges and encumbrances which may have been registered against the title to the said lands in the New Westminster Land Title Office save and except those specifically approved in writing by the Covenantee; and 2. THE COVENANTEE COVENANTS AND AGREES with the Covenantor to permit the covenantor to retain the accessory unit on the said lands for so long as the accessory unit complies with all requirements of the Zoning Bylaw and with this Agreement. 3. IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the parties hereto that: a) the Covenantee has made no representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Covenantor other than those contained in this Agreement. b) nothing contained or implied herein shall prejudice or affect the rights and powers of the Covenantee in the exercise of its functions under any public or private statutes, bylaws,

6 Page of orders and regulations, all of which may be fully and effectively exercised in relation to the said lands as if this Agreement had not been executed and delivered by the Covenantor; c) the covenants set forth herein shall charge the said lands pursuant to Section 219 of the Land Title Act and shall be covenants the burden of which shall run with the said lands. It is further expressly agreed that the benefit of all covenants made by the Covenantor herein shall accrue solely to the Covenantee and that this Agreement may be modified by agreement of the Covenantee with the Covenantor, or discharged by the Covenantee, pursuant to the provisions of Section 219(9) of the Land Title Act; d) wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require; e) this Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns, and; f) the parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement; Officer Signature(s) Execution Date Party(ies) Signature Y M D [OWNER], by its authorized signatory/ies * DISTRICT OF MISSION by its authorized signatories * MAYOR CLERK *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. 1979, c. 116, to take affidavits for use in B.C. and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

7 Page of CANADA ) IN THE MATTER OF A SECOND ) DWELLING TO BE LOCATED ON PROVINCE OF ) LANDS IN THE DISTRICT OF BRITISH COLUMBIA ) MISSION I/We,, of (applicant's name(s)), (applicant's address) in the of, in the Province of British Columbia, DO SOLEMNLY DECLARE 1. THAT I/we have applied to place a mobile home on the above described property. 2. THAT the mobile home I/we will be placing on the above described property will be occupied solely by occupant's name(s) who is my father/mother/father-in-law/mother-in-law/son/daughter/son-in-law/daughter-in-law 3. THAT I/we am/are the registered owner(s) of the above described property and my/our principal place of residence is the existing permanent dwelling located on the property. 4. THAT there is presently no Accessory Family Residential Unit on my property. AND I/we make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at ), in the ) Province of British Columbia, ) this of, ) 200_. ) ) ) A Commissioner for taking ) Affidavits for British Columbia)

8 Page of MEMORANDUM AS TO ENCUMBRANCES, LIENS AND INTERESTS Holder of Mortgage registered in New Westminster Land Title Office under # CONSENT The undersigned, being the holders of the encumbrance or entitled to the lien or interest referred to in the memorandum above written, hereby approve of, join in and consent to the granting of the within Agreement and doth covenant and agree that the same shall be binding upon its interest in or charge upon that said lands and shall be an encumbrance upon the said lands prior to the above noted Mortgage in the same manner and to the same effect as if it had been dated and registered prior to the said Mortgage. EXECUTED this day of, 200. SIGNED, SEALED AND DELIVERED ) by the above named in the ) presence of: ) ) ) Name: ) ) Address: ) ) Occupation: ) (As to both signatures) )