S C H E D U L E “A”

LAND TITLE ACT
FORM C
(Section 219.81)
Province of British Columbia
 
GENERAL INSTRUMENT - PART I (This area for Land Title Office use)
1.     APPLICATION: (Name, address, phone number and signature of applicant, applicant’s solicitor or agent)
        The Village of Anmore
        2697 Sunnyside Road, R.R. #1
        Anmore, BC, V3H 3C8
2.     PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND:*
        (PID) (Legal Description)
3.     NATURE OF INTEREST:*
        Description Document Reference Person Entitled to Interest
        (page and paragraph)
        Priority Agreement Over Entire Instrument Transferee
        Pages 1 - 8
4.     TERMS: Part 2 of this instrument consists of (select one only)
        (a)     File Standard Charge Terms • D.F. No.
        (b)     Express Charge Terms • Annexed as Part 2
        (c)     Release • There is no Part 2 of this instrument
        A selection of (a) includes any additional or modified terms referred to in item 7 or in a schedule annexed to this instrument.
        If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.
5.     TRANSFEROR(S):*
6.     TRANSFEREE(S): (including occupation(s), postal address(es) and postal code(s)*
        The VILLAGE OF ANMORE, 2697 Sunnyside Road, R.R. #1, Anmore, B.C. V3H 3C8 and HER MAJESTY THE QUEEN IN RIGHT OF THE
        PROVINCE OF BRITISH COLUMBIA, as Represented by the Ministry of Health, Parliament Buildings, Victoria, BC V8V 1X5.
7.     ADDITIONAL OR MODIFIED TERMS:*
        NONE
8.     EXECUTION(S):** This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the
        Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms,
        if any.
        EXECUTION DATE
        Officer Signature(s)
        Y
        M
        D
        Party(ies) Signature
        (As to Both Signatures)
        HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as
        Represented by the Ministry of Health by Her Authorized Signatory
        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 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.
        *If space insufficient, enter “SEE SCHEDULE” and attach schedule in Form E.
        **If space insufficient, continue executions on additional page(s) in Form D.
        (As to Both Signatures)
        HAROLD WEINBERG
        Mayor
        HOWARD CARLEY 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 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.
        *If space insufficient, enter “SEE SCHEDULE” and attach schedule in Form E.
        **If space insufficient, continue executions on additional page(s) in Form D.

 
                                                                                          COVENANT

SECTION 215 LAND TITLE ACT)
THIS AGREEMENT made the ____ day of ______ 1995;
BETWEEN:
of , in the
Village of Anmore, in the Province of British Columbia,
(hereinafter called the “Owner”)

AND:

THE VILLAGE OF ANMORE, a Municipal Corporation  incorporated under the Municipal Act, R.S.B.C. 1979, c. 290
and having an address at 2697 Sunnyside Road, R.R. #1 Anmore, British Columbia, V3H 3C8

(hereinafter called the “Municipality”)

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as
Represented by the Ministry of Health, Parliament
Buildings, Victoria, British Columbia, V8V 1X5
(hereinafter called the “Province”)
WHEREAS:
A.     The Owner is the registered owner of or has an equity of redemption in that parcel of land and premises situate in the Municipality of Anmore, in the Province
        of British Columbia, and described as:

(hereinafter called the “said lands”)

B.     Section 215 of the Land Title Act provides, interalia, that a covenant, whether of a negative or positive nature, in respect of the use of land or the use of a
        building on or to be erected on land, that land is or is not to be built on or that land is not to be subdivided except in accordance with the covenant, in favour of
        a Municipality or the Crown, may be registered as a charge against the title to that land.

NOW THEREFORE THIS AGREEMENT WITNESSETH that pursuant to Section 215 of the Land Title Act, and in consideration of the premises and the mutual covenants and agreements contained herein and the sum of One Dollar ($1.00) now paid to the Owner by the Municipality (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto covenant and agree each with the other as follows:

1.     THE OWNER COVENANTS AND AGREES with the Municipality and the Province that:
        (a)     the said lands and any building or structures erected or placed on or to be erected or placed on the said lands shall be used only for the following
                purpose(s):
                Single Family Residential
        (b)    no new building or structure shall be constructed or located on the said lands; and no existing building or structure shall be used for any purposes
                described in Paragraph 1 (a) until a Private Innovative Sewage Disposal System (the “system”) has been installed on the said lands and approved to
                operate as permitted by the Province;
        (c)    the Owner has received a copy of “Anmore Private Innovative Sewage Disposal System Regulation Bylaw No. 158-1995,” understands the contents
                and his obligations and agrees to abide with them;
        (d)    the Owner shall immediately advise the Building Municipal Inspector (the “Municipal Inspector”) if he believes his system is not operating in accordance
                with the terms and conditions of the permit, or is otherwise malfunctioning or defective;
        (e)    the Owner shall maintain and repair the system in accordance with the conditions imposed by the Province and in accordance with the Health Act and the
                Sewage Disposal Regulation:
        (f)     if, required to cease the discharge of effluent into the Innovative System, the Owner, at his sole expense, shall immediately:
                (i)     connect to a Sanitary Sewer if available;
                (ii)     install an alternative Sewage Disposal System if permitted by the Province, or
                (iii)    if both (i) and (ii) are not possible, make application to the Local Health Authority for a pump and haul permit for sewage effluent to an approved
                        Off-Site Disposal System or Plant;
                (iv)   if the Local Health Unit approves a pump and haul permit, it shall be in accordance with Schedule “E” and Schedule “F” attached to and forming of
                        this bylaw;
                (v)     if, in the opinion of the Local Health Unit (iii) is not approved, the owner shall not continue to discharge effluent into the Innovative System.
"Amendment Bylaw 207-1997“
                    (g)     Theill not do or permit to be done any act or thing that would interfere with or obstruct the use of the area outlined in heavy line as shown
                        on Explanatory Plan No. __________, a copy of which is attached as Schedule “A” to this Agreement (the Disposal Area) for the purpose of
                        sewage disposal and constructing, installing or placing a sewage disposal system.
"Amendment Bylaw 207-1997“
                (h)    The Owner will not do or permit to be done any alteration, removal or disturbance of soil in the Disposal Area including without limiting the
                        applicability of the foregoing, the Grantor will not construct, install, place or erect any buildings, structures, fixed equipment, mobile or modular
                        homes, foundations, driveways, roads, parking areas, or will not bury any pipes, conduits, or utility service (except a sewage disposal system and
                        related drainage approved by the Province) in the Disposal Area.”
                (i)     he will indemnify and save harmless the Municipality and the Province and their servants and agents against all losses, damages, costs, and expenses,
                        including fees of Solicitors and other Professional Advisors, arising out of any breach, violation or non-performance of any term, condition,
                        covenant, or other provision of this Agreement;
                (j)     the Owner will, at the expense of the Owner, do or cause to be done 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 Lower Mainland Land Title Office save and
                        except those specifically approved in writing by the Municipality and the Province or in favour of the Municipality and the Province; and
                (k)   the Owner will pay to the Municipality, prior to the execution of this Agreement, the legal fees incurred by the Municipality in the preparation of
                        this Agreement.
2.     IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the parties hereto that:
        (a)     no term, condition, covenant or other provision of this Agreement will be considered to have been waived by the Municipality and the Province unless
                 the waiver is expressed in writing by the Municipality and the Province;
        (b)    any waiver by the Municipality and the Province of any term, condition, covenant or other provision of this Agreement or any waiver by the Municipality
                 and the Province of any breach, violation or non-performance of any term, condition, covenant or other provision of this Agreement does not constitute
                 and will not be construed as a waiver of any further or other term, condition, covenant or other provision of this Agreement or any further or other
                 breach, violation or non-performance of any term, condition, covenant or other provision of this Agreement;
        (c)     this Agreement will be interpreted according to the laws of the Province of British Columbia;
        (d)    where there is a reference to an enactment in this Agreement, the reference will include any subsequent enactment of the Province of British Columbia
                of like effect and all enactments referred to are enactment’s of the Province of British Columbia;
        (e)    if any part of this Agreement is found to be illegal or unenforceable, that part will be considered separate and severable and the remaining parts will not
                be affected thereby and will be enforceable to the fullest extent permitted by law;
        (f)    this Agreement will not be modified or discharged except in accordance with the provisions of Section 215 (5) of the Land Title Act;
        (g)   nothing contained or implied herein shall prejudice or affect the rights and powers of the Municipality or the Province in the exercise of its functions under
               any public and private statutes, bylaws, orders and regulations, or in equity, 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 Owner;
        (h)   the covenants set forth herein shall charge the said lands pursuant to Section 215 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 Owner herein shall accrue solely to the Municipality and
               the Province of British Columbia and that this Agreement may be modified by agreement of the Municipality and the Province with the Owner, or
               discharged by the Municipality and the Province, pursuant to the provisions of Section 215 (5) of the Land Title Act;
        (i)    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 and, where the Owner consists of more than one person, the term “Owner” shall mean all such persons jointly and
               severally;
        (j)    this Agreement shall enure to the benefit of and by binding upon the parties hereto and their respective heirs, executors, administrators, successors
               and assigns;
        (k)   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; and
        (l)    As evidence of their agreement to be bound by the terms of this instrument, the parties hereto have executed the Land Title Office Form C.
3.     The Licensee indemnifies, save harmless, releases and forever discharges the Village from and against any and all manner of actions, causes of actions, claims,
        debts, suits, demands and promises whatsoever at law or equity, whether known or unknown, which the Licensee now has or at law or equity, whether known
        or unknown which the Licensee now has or may at any time by reason of, the permission to encroach granted hereby, including, but without restricting the
        generality of the foregoing, a claim for loss or injury to persons or to property due to the Licensee’s negligence or to the Licensee failure to comply with Village
        bylaws or with any provision of this Agreement and as security for the obligations of the Licensee;
        (i)     immediately upon execution of this Agreement, the licensee shall effect and keep in force during continuance of this licence, insurance in form satisfactory
                to the Village with insurers satisfactory to the Village protecting the Village and the Licensee (without any rights of cross-claim) or subrogation against the
                Village) in a form and amount not less than $2,000,000 per occurrence and the Licensee further acknowledges and agrees that the Village may at any
                time, in its sole discretion, increase the amount of insurance required as the Village sees fit during the term of this Agreement, which the Licensee shall
                proceed to obtain forthwith; and
        (ii)    the Owner shall pay all premiums and monies necessary to maintain all policies of insurance required to be maintained by the Owner as the same become
                due, provided that if the Owner defaults in payment of any premiums or sums of money, the Village may pay the same and the amount will be added to
                the property taxes of the Owner.

ACKNOWLEDGEMENT OF HIGHWAY:
4.     This Agreement will not in any way restrict the right of Village servants or agents to enter into and upon the Lands Encroachment Area or Works at any
        and all times.

                                                                                 SCHEDULE "B"

ADMINISTRATION AND INSPECTION FEES

Permit Registration Fee                                                                     $ 250.00
(Paid Upon Application)
Bylaw 158, 1998“Covenant Preparation & Registration Fee              $300.00"
Holding Tank Application Fee                                                           $250.00
Legal Fees                                                                                        Actual Cost Incurred
* Annual Inspection Fees Actual Cost Incurred                                  (Estimated to be @ $50.00/hr.)
* Fees for Supervision and/or Inspection Actual Cost Incurred           (Estimated to be @ $50.00/hr.)
* Testing & Sampling Fees Actual Cost Incurred                               (Estimated to be $200.00/Test)
* If required to be done by the Municipality.

Standards of Treatment Break	Break Point	Property Line	Well Siting	Soil Depth
400 fecal coliform per 100 ml Biochemical Oxygen Demand (BODs) 10mg/l Total Suspended Solids 10mg/l Nitrate Nitrogen 30mg/l	25 ft (7.5 m)	10 ft. (3.5 m)	100 ft (30.5m)	12” (30.5cm)

                                                                                                                SCHEDULE "D"

SITE SELECTION CRITERIA
In order to qualify for obtaining an Innovative Sewage Disposal Permit under Anmore's Bylaw No. 158-1995 each property must meet the following as outlined below;

NOTE: it is not the intent of this bylaw to facilitate subdivision applications, but rather to provide an option to property owners who wish to improve existing lots

1.     The Property must be zoned RS-1 Residential pursuant to the Village of Anmore's Zoning Bylaw cited as "Anmore Zoning Bylaw No. 175-1996."
2.     The Property configuration must accommodate all site requirements set out in Schedule "C", Minimum Effluent Quality Criteria", of the Village of Anmore's
        Private Innovative Sewage Disposal Bylaw No. 158-1995.
3.     The Innovative Design must be an Approved System by the Ministry of Health.

Properties with a demonstrated ability to significantly improve the social, economic and environmental conditions for Anmore residents may also be considered by the Village if approved by Council Resolution.

When these Innovative Systems meet or exceed the minimum requirements set out in this Bylaw for the duration of the Testing Period, the Ministry of Health will consider approving the said system as an alterative to Current Conventional Septic Disposal Systems.

                                                                                            SCHEDULE “E”

“HOLDING TANK”

GENERAL REQUIREMENTS
1.     A sewage holding tank system shall be for storage only and will receive all the sewage generated by the premises. The Owner shall be responsible for installing
        the holding tank and bearing all costs and expenses incidental to the installation and maintenance. The Owner shall indemnify and save harmless the Village
        from any loss or damage that may directly or indirectly be occasioned by the installation, operation and maintenance of the holding tank. The Owner shall retain
        an insurance policy to cover any loss or damage that may directly or indirectly be occasioned by the installation, operation and maintenance of the holding tank.
        A copy of said insurance policy shall be provided to the Village and shall indemnify and save harmless the Village and shall not to be cancelled without the
        Village being provided three months’ notice.
2.     Every Owner and occupier of land, approved under Section 5(e)(iii) of this bylaw by the Local Health Unit, who intends to install a holding tank system, as
        required by the Sewage Disposal Regulation made pursuant to the Health Act; shall submit proof of this permission together with plan(s) of the proposed
        system to the Village for a Holding Tank Permit.
3.     The plan(s) shall be provided and in such detail as to be acceptable to the Village. No installation shall take place prior to issuance of a Holding Tank Permit.
4.     The Owner or Occupier shall obtain a haulage contract with a contractor. The haulage contract shall provide for pumping and hauling the contents of the
        holding tank system and such a contract or a modification of an existing contract must be approved by the Village.
5.     No Owner or Occupier shall modify, expand or otherwise alter his holding tank system without the prior approval of the Village as set out in Clause 2 above.
6.     The contractor shall assure that he can continuously service the installation. Road accessibility, provision for back-up tanker truck, total contract workload and
        other pertinent factors shall be taken into account when providing the assurance.
7.     The contractor submitting the service contract shall present its truck(s) for inspection, as to contents, at the request of the Municipal Inspector.
8.     The contractor shall discharge the contents of the holding tanks at an approved facility and pay all fees applicable. Regulation and User Rates and in a manner
        specified by the Municipal Inspector and shall retain all copies of receipts for said discharges for inspection by the Municipal Inspector.
9.     Within 72 hours of a visit to the approved discharge facility, the contractor shall provide the Village a written confirmation memo of each building he has
        serviced, including the date, the address and the volume collected.
10.   The holding tank size shall be seven (7) times the following estimated sewage flows which are based on the B.C. Sewage Disposal Regulations pursuant to
        the Health Act:
        1 or 2 bedroom                     1100 litres/day
        3 bedroom                            1350 litres/day
        4 bedroom                            1700 litres/day
        5 bedroom                            2000 litres/day
        6 bedroom                            2500 litres/day
11.   Based on the above estimated volumes, the holding tank should be pumped out once per week. If water conservation methods, such as spring-loaded taps,
        reduced water flush toilets, etc. are utilized, then this frequency of pump-out may be reduced. However, the holding tank shall be pumped out more frequently
        as required to prevent the sewage from reaching the high level elevation in the holding tank.
12.   For all holding tank system installations, a Covenant shall be registered against the title to the land in question in accordance with Section 215 of the Land Title
        Act. The Covenant shall require that the Owner of the lot maintains a contract at all times with a pump-out company and that a copy of the current contract is
        always deposited with the Village. The Covenant will allow inspectors of the Village the right of access at any reasonable time to inspect any part of the holding
        tank system. The Covenant will describe that, if the Village is made aware that the system is overloaded or has leaked or overflowed, and the contractor is
        contacted and will not perform the work or the contractor cannot be contacted, then the Village will arrange for pump-out and cleanup and the cost will be
        charged to the Owner. If the charges remain unpaid on December 31st in any year, they shall be added to and form part of the taxes payable on that land
        as taxes in arrears.
13.   The Owner of a parcel of land utilizing a holding tank shall provide to the Village a letter of credit or refundable deposit in the amount of Two Thousand
        Dollars ($2,000.00) to ensure that all costs and obligations under this bylaw are carried out by the applicant. The letter of credit or refundable deposit
        must remain effective for two (2) years after approval of the holding tank installation. The Village may draw on the letter of credit or refundable deposit
        to ensure conformance with this bylaw and/or to carry out remedial works in the event of a malfunction which has not been properly addressed by
        the Owner. If the letter of credit is inadequate to cover costs incurred or has expired any outstanding balance that is due and payable by December 31st,
        and unpaid on that date, shall be deemed to be taxes in arrears and shall promptly be so entered on the tax roll.

                                                                                                         SCHEDULE “F”

“HOLDING TANK”

TECHNICAL REQUIREMENTS
1.     Any bypass of the holding tank system is prohibited, and periodic inspections may be made by the Building Inspector (the “Municipal Inspector”) or a person
        designated by Council. Where the “Municipal Inspector” is used herein it includes any person designated by Council to administer the Innovative Bylaw.
2.     All plans submitted showing site locations, tank details, electrical details, material specifications, trenching and backfilling techniques, etc. shall be sealed,
        signed and dated by a Professional Engineer registered in the Province of British Columbia.
3.     The holding tank shall be constructed of reinforced fibre glass, concrete or polyethylene and the design shall be submitted for the approval of an Engineer
        assigned by the Village.
4.     The holding tank shall not be located within the outer walls of a dwelling.
5.     All tanks to be partially or completely installed below grade must have a support slab designed to prevent the tank from floating or any other involvement.
6.     The tank’s shape shall allow complete and easy removal of all liquid and sludge contents therein.
7.     The opening shall be 1 m above the highest ground elevation found within 1 m of the tank. The access manholes to the tank shall be sealed.
8.     Two or more prefabricated tanks installed in a series may e used to accommodate the capacity required. These must be connected invert to invert with a
        continuous slope from the end accepting sewage to the end equipped with the discharge or pump-out point.
9.     The operation of the tank shall be monitored from a separately mounted weather tight panel. The panel will consist of an indicator panel showing three lights.
        The green light will indicate the system is operating correctly. The orange or amber light will indicate the tank is ready to pump; this would be at the two-thirds
        + full level. The amber light will be activated by a liquid level float switch attached within the tank. A red light will indicate the system is overloaded. This light
        will also be activated by a liquid level float switch and it will allow at least enough residual volume to drain the plumbing in a building. When the red light is
        activated, an audible signal will be heard within the building. This audible signal will remain on until it is turned off at the control panel. The two indicator lights
        must be visible from the municipal road.
10.   The siting of the tank or the pump-out pipe for a tank must be located within a paved area with easy access from the road. If the grade from the road
        allowance to the pump-out location is greater than 5%, then a covered walkway arrangement must be provided.
11.   No provision for an overflow pipe is permitted. Should an overflow of the holding tank occur, and the signal system noted earlier malfunctions, the design of
        the facility should allow for immediate detection of the problem in the building and/or on the surface of the ground at the tank area.
12.  All tank installations shall require leakage testing. This will consist of filling the tank with water to within 3 cm of the rim of the access manhole. This will be left
        for a minimum of 24 hours. The water level will be brought up to within 3 cm of the rim of the access manhole once again. An inspection will be carried out a
        minimum of 24 hours later and no drop in the water level will be permitted.