LOVE THE LOCATION, BUILD THE DREAM - DEADLINE SALE, 12TH MARCH 2020, 4PM WINTON - SOUTHERN WIDE REAL ESTATE
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SOUTHERN WIDE REAL ESTATE LOVE THE LOCATION, BUILD THE DREAM WINTON DEADLINE SALE, 12TH MARCH 2020, 4PM BRENDA CALDWELL m 0274 622 123 RE AL ESTATE LTD e brenda.caldwell@swre.co.nz
SOUTHERN WIDE REAL ESTATE Park Street, Winton Considering building? Take a look at what this boutique development has to offer! Site preparation complete, set back from the street, a private asphalt drive leads the way to three generous sized sections set amongst quality homes. A fantastic lifestyle outlook gives the feel of country living without the maintenance. Enjoy the benefit of having town water, septic and stormwater services, underground power and fibre/phone provisions to the boundary of all lots. Only a 10% deposit required and individual titles expected March 2020, act now to secure your preferred lot and start planning your dream home. Covenants in place. STAGE ONE - Available Now! Comprises of three spacious sections. STAGE TWO - Future Release - Two quality 3 bedroom homes. WEB REF: SWI2232 Disclaimer: While all care has been taken to ensure accuracy of the particulars contained herein, the Agent must often rely upon information provided by others, and therefore cannot accept responsibility for any loss however arising from any inaccuracy. Interested parties must therefore rely upon their own inquiries and judgement. Copyright Southern Wide Real Estate
Lot 1 Lot 3 NOTES: DP 418745 DP 6511 · All areas and dimensions are subject to Lot 1 final survey. DP 6718 · Boundary data is sourced from Land Lot 2 DP 14698 Information New Zealand Landonline GIS and is indicative only. 49.56 0.75 · Aerial imagery has been sourced from the Koordinates Data Service and licensed by NZTA for re-use under the Creative 7.96 Commons Attribution 4.0 International licence. · Aerial imagery is indicative only. Lot 9 Blk I DP 1353 Lot 2 DP 6718 Lot 1 1456m² 18.85 40.22 42.29 Lot 3 Lot 10 Blk I DP 6718 DP 1353 13.41 8.01 11.95 38.36 Lot 2 26.81 1402m² 4.00 4.00 6.93 38.36 7.39 6 6.0 PARK STREET Lot 4 8.00 DP 6718 Lot 4 DP 14698 6.00 17.01 42.29 Lot 4 14.13 0.50 25.17 25.15 Lot 5 DP 6718 Lot 3 26.79 1395m² 15.71 15.29 Lot 5 Lot 6 18.68 471m² 484m² 25.17 3.50 3.50 48.75 25.14 25.18 1.50 Lot 6 DP 6718 Lot 3 DP 452851 Lot 1 DP 452851 Lot 7 DP 6718 REV REVISION DETAILS DRN CHK APP DATE CLIENT: PROJECT: SHEET TITLE: SURVEYED: SCALE A Issued for marketing purposes CHM 7/10/2019 (ORIGINAL SIZE A1) 1:200 Issued for marketing purposes SIX LOT SUBDIVISION, DESIGNED: B CHM 17/12/2019 bonisch Issued for marketing purposes DRAWN: CHM 07/10/2019 DATE ISSUED C CHM 12/02/2020 LITTLE PORK consultants 18-24 PARK STREET, MARKETING PLAN DRAWING CHECK: 12/02/2020 T 03 218 2546 F 03 214 4285 FP 0800 802 546 PROPERTIES LTD JOB NO SHEET REV. DESIGN CHECK: 19 The Crescent, P.O. Box 1262, Invercargill 9840 WINTON, SOUTHLAND E admin@bonisch.nz W www.bonisch.nz APPROVED: 6719 1 of 1 C Last Edited by: Chris on 12/02/2020 8:49:29 am © COPYRIGHT 2020: These drawings remain the property of Bonisch Consultants Limited and may only be used for its intended purpose. No part of this document may be reproduced or distributed in any form without the written approval of Bonisch Consultants Limited. Do not scale from plans. J:\Bonisch Surveyors\6700 - 6799\6719 - Little Pork Properties Ltd, Multi-lot Subdivision Park Street Winton\4. AutoCAD\6719-SP2-Marketing.dwg
Build Heights Buildings shall comply with the following maximum height limits pertaining specifically to each lot: Lot Height Limit (masl) 1 That the living area of any dwelling erected on Lot 1 shall have a minimum floor level of no less than 47.70 metres Dunedin-Bluff Vertical Datum 1960. The non-living area (garage and laundry) shall have a minimum floor level of no less than 47.40 metres Dunedin-Bluff Vertical Datum 1960. 2 (b) That the living area of any dwelling erected on Lot 2 shall have a minimum floor level of no less than 47.64 metres Dunedin-Bluff Vertical Datum 1960. The non-living area (garage and laundry) shall have a minimum floor level of no less than 47.34 metres Dunedin-Bluff Vertical Datum 1960. 3 (c) That the living area of any dwelling erected on Lots 3 shall have a minimum floor level of no less than 47.57 metres Dunedin-Bluff Vertical Datum 1960. The non-living areas (garage and laundry) shall have a minimum floor level of no less than 47.27 metres Dunedin-Bluff Vertical Datum 1960. For the purpose of calculating height, account shall not be taken of a) aerials and/or antennas, mounting fixtures, mast caps, lightning rods or similar appendages for the purpose of telecommunications but not including dish antennae which are attached to a mast or building, provided that the maximum height permitted by the rules is not exceeded by more than 2.5m; and b) chimneys or finials (not exceeding 1.1m in any direction); provided that the maximum height normally permitted by the rules is not exceeded by more than 1.5m. Topo Plan
Covenants
Annexure Schedule 1 1. Definitions and Interpretation 1.1 In this covenant the following words have the following meanings: “Covenantee” means and includes all persons executing this Covenant Instrument as Covenantee jointly and severally (if more than one) and their executors, administrators, assigns, successors in title and their tenants, licensees and invitees. “Covenantor” means and includes all persons executing this Covenant Instrument as Covenantor jointly and severally (if more than one) and their executors, administrators, assigns, successors in title and their tenants, licensees and invitees. “Design Controls” means any restrictions in relation to the construction of any building on a Lot, the landscaping of the surrounding curtilage of any Lot, or any other related restriction contained in this instrument or any consent notice registered on the certificate of title to a Lot. “Developer” means Little Pork Properties Limited. “District Plan” means the operative district plan of the Relevant Authority from time to time and any variations thereof. “Ground Level” means level of the Lot as at deposit of the plan. “Improvements” means but is not limited to any garage, shed, garden shed or self-contained unit/ sleep-out or other accessory buildings. “Land” means each of the Burdened Land (Records of Title) described in Schedule A. “Lot” and “Lots” means the lots comprising of lots 1 – 6 (inclusive) Deposited Plan 545277, or any lot created as a result of any further subdivision or boundary adjustment of the abovementioned lots. “Owner” means any registered proprietor of a Lot and any tenant, licensee, visitor or invitee of a registered proprietor and any other occupier of a Lot. Joint registered proprietors of one Lot shall be deemed to be one registered proprietor. “Relevant Authority” means any government, local, statutory or non- statutory body, including the Southland District Council, having jurisdiction over the land referred to in this instrument. “Subdivide” and “Subdivision” has the same meaning ascribed to “subdivision of land” in Section 218(1) of the Resource Management Act 1991. “Working day” means any day of the week other than Saturdays, Sundays, Public Holidays in Southland and any day in the period commencing on 24 December in any year and ending on 5 January in the following year, both days inclusive. CES-549741-2-19-V1
1.2 A covenant to do something is also a covenant to permit or cause that thing to be done, and covenant not to do something is also a covenant not to permit or cause that thing to be done. 1.3 Words importing the singular shall include the plural and vice versa. 2. Scope i. The following covenants shall apply to the all Owners and the Lots unless specified otherwise. ii. It is intended that the Lots shall be subject to the covenants contained in this instrument and to the extent detailed in this instrument so that the Owners may be able to enforce the performance and the observance of the covenants to the extent detailed in this instrument by the Owners in equity or otherwise. iii. The covenants herein shall be for the benefit of the Lots and the burden of the Lots shall be enforceable inter se by the Owners of the Lots. iv. The covenants contained in this instrument shall bind the Owner’s, and their respective executors, administrators, assigns and successors in title. 3. Land Use and Design Control i. The Owner of a Lot covenants that it will: a) use only new materials for any buildings or other improvements erected on the Lot (except for recycled or reused timbers which shall be permitted); b) complete the construction of all improvements on the Lot within 18 months of construction being commenced. Completion includes, but is not limited to, completing all exterior painting and finishing; c) not leave the exterior of any buildings on the Lot unfinished; d) complete all driveways, paths and landscaping to a good and workmanlike standard within 18 months of occupying any Dwelling on the Lot; e) not use any second-hand or relocated building or any caravan, hut, shed or tent on the Lot as a Dwelling or temporary Dwelling, provided however that a caravan or tent shall be permitted for temporary use by visitors on the Lot for up to 14 days in any one month period; f) in respect of Lots 1 – 3 (inclusive) on Deposited Plan 545227 not allow any dwelling house to be erected on the property if its its area is less than 200 square metres (including any garage if it is under the same roof as the dwelling); CES-549741-2-19-V1
g) not erect any dwelling or other improvements on the Lot other than a single storey dwelling or improvements; h) Not erect any lean to garages in any form on the Lot; i) Not erect any garaging, shed or other out building on the property which is greater than 4.2 metres in height above Ground Level; j) not use any form of metal roofing which has not been pre- painted; k) not construct any fencing on or within the boundaries of the Lot exceeding a height of 1.8 metres above Ground Level; l) not permit any planting or the growth of any planting or vegetation in excess of 4 metres above ground level on the Lot. In the event that any other Owner gives notice to the Owner of the Lot requiring any non-permitted or non-compliant planting or vegetation to be trimmed, removed, or eradicated, and the said planting or vegetation is not trimmed, removed or eradicated within 14 days of receipt of such notice, then the other Owner giving such notice shall be free to enter upon the Lot and remove by whatever means necessary, the said planting or vegetation and recover the costs of such removal from the relevant Owner as a debt m) not allow any broom, gorse, or other noxious weeds to grow or remain on the Lot; n) not use the Lot for any trading or commercial purpose; o) only use the Lot for purposes permitted in the District Plan, any resource consent granted by a Relevant Authority, or as permitted or restricted by a Relevant Authority pursuant to any consent notice registered on the certificate of title to the Lot; p) not allow rubbish, waste materials or hoardings to accumulate on the Lot or allow the Lot to become untidy or unsightly; q) not further subdivide the Lot with the intent that only one single story dwelling shall be erect on each Lot; and r) take all reasonable action to prevent any other person doing anything which the Owner is prohibited from doing by this instrument. ii. The Developer will not be liable for nor asked to contribute towards the cost of erection or repair of any dividing or boundary fence (including any plants which have been planted as boundary delineation) between a Lot and any adjoining land owned by the CES-549741-2-19-V1
Developer, but this covenant will not enure to the benefit of any subsequent owners or occupiers of such adjoining land. 4. Duration i. The covenants set out above shall be restrictive covenants running with the Lots in perpetuity for the benefit of and appurtenant to each of the Lots. 5. Enforcement i. The Developer shall not have any responsibility or liability for the enforcement, enforceability, applicability or lack of action with respect to any of the covenants contained in this instrument. ii. The Owners agree that the value of all or some of the Lots will be diminished if the Owner fails to observe and perform the land covenants set out in 3 above. iii. If there should be any breach or non-observance of any of the covenants contained in this instrument by an Owner (the “defaulting Owner”) the defaulting Owner will upon written demand being made by another Owner (the “enforcing Owner”): a) Immediately rectify the breach or non-observance in accordance with the written demand being made by the enforcing Owner; and b) pay Damages to the enforcing Owner as liquidated damages if the defaulting Owner fails to observe or perform any of the covenants contained in this instrument within 21 days of the service of the written demand. iv. For the purposes of this 5 (iii) “Damages” means the sum of $100.00 (inclusive of GST) per day for every day that such breach or non- observance continues after the date upon written demand has been made. v. Payment of Damages by the Owner will not relieve the Owner of the Owner’s obligations under the land covenants. vi. Each Owner will be liable to observe and perform the covenants contained in this instrument only while they are registered as proprietors of a Lot. A transfer of a Lot by them will not however relieve them from any liability which has arisen before the date of the transfer. vii. Clause 5 (iii) is without prejudice to any other liability at law or in equity that the defaulting Owner may have to any person having the benefit of the covenants contained in this instrument. CES-549741-2-19-V1
viii. If a dispute in relation to these covenants arises between a defaulting Owner and any other person having the benefit of the covenants contained in this instrument: a) the party initiating the dispute must provide full written particulars of the dispute to the other party; b) the parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties; and c) if the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties) the dispute must be referred to arbitration in accordance with the Arbitration Act 1996 and the arbitration must be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the District Law Society (being the District Law Society that has its headquarters closest to the Development). CES-549741-2-19-V1
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