Full name and address of the owner of the SIDEHILL PTY LIMITED Land: ACN David Street ALBURY NSW 2640.

Transcription

1 Sheet 1 of 8 Full name and address of the owner of the SIDEHILL PTY LIMITED Land: ACN David Street ALBURY NSW 2640 Part 1 (Creation) Number of Item show in the intention panel on the plan. Identity of easement, profit a prendre, restriction or positive covenant to be created and referred to in the plan. 1 Easement for drainage of water 3.5 wide (E-7) 2 Easement for drainage of sewage 3.5 wide (E-6) Burdened lot(s) or parcel(s): 17, 22, 23, 28, 29 & 30 17, 22, 23, 28, 29 & 30 Benefited lot(s), road(s), bodies or Prescribed Authorities: 3 Easement for drainage of sewage 3 wide (E-9) 4 Easement for drainage of water 3 wide (E-8) 5 Easement for multi-purpose electrical installation 4.2 wide & variable (E-10) 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 31, 32, 33, 34, 35, 36, 37, 38, 39 & 42 2, 3, 4, 5, 6, 7, 8, 9, 17, 40 & Essential Energy

2 Number of Item show in the intention panel on the plan. Identity of easement, profit a prendre, restriction or positive covenant to be created and referred to in the plan. Sheet 2 of 8 Burdened lot(s) or parcel(s): Benefited lot(s), road(s), bodies or Prescribed Authorities: 6 Restriction on use of land All lots Each other lot (excluding lots 41 and 42) 7 Restriction on use of land All lots (excluding lots 41 and 42) 8 Restriction on use of land 42 Part 1A (Release) Number of Item show in the intention panel on the plan. Identity of easement, profit a prendre, restriction or positive covenant to be created and referred to in the plan. 1 Easement for electricity purposes 20 wide created by DP Burdened lot(s) or parcel(s): 50/ and 51/ Benefited lot(s), road(s), bodies or Prescribed Authorities: Country Energy Part 2 1. Terms of easement numbered 5 in the abovementioned Plan Easement for multi-purpose electrical installation 4.2 wide as set out in Part C of Memorandum AG as registered at LPI.

3 Sheet 3 of 8 2. Terms of restriction on use of land sixthly referred to in the abovementioned Plan 2.1 No building or part thereof erected on any lot burdened shall have a roof constructed of materials other than terra cotta or concrete roofing tiles, slate or zincalume roof sheet with a non reflective coating applied as part of the manufacture. 2.2 No fence or similar structure shall be built, constructed or erected or allowed to remain on any part of the front boundary of any lot or any part of the boundaries abutting a street where the lot is a corner lot unless the fence to that side boundary is constructed of materials referred to at clause No garage or carport shall be built, constructed or erected having materials or roof design which is not compatible with the design of the main building. Flat roof carports and or garages are prohibited unless their design is compatible with the design of the main building. 2.4 No structure of a temporary or relocatable character, tent, garage, trailer, campervan or caravan shall be used as a residence on the land nor shall any shipping container be placed on any lot at any time. 2.5 No external walls or roof of any buildings are to be constructed of second-hand or used materials. 2.6 No fence shall be constructed otherwise than in colorbond type material with a capped top and shall be Woodland Grey (or equivalent) in colour. Fences must have a height no greater than 1.8 metres (including any lattice extension limited to 300 millimetres in height). Columns supporting any lattive must protrude 200 millimetres above the top of the fence and the lattice it to include decorative capping. 2.7 No advertising signage (except that advertising the sale of a property) may be erected on any lot (with the exception of Builder s signs). 2.8 No residence shall be used as a hostel or boarding house. 2.9 No garage may be constructed on a burdened lot unless such garage: (a) is attached to the residence and under the same roofline;

4 Sheet 4 of 8 (b) (c) (d) is able to accommodate at least two (2) vehicles; has a setback from the residence of 480mm; and is of tilt/panel door design. No roller doors are permitted on any garage except to access the rear of any garage No building shall be constructed closer than 4m to the front boundary No residence shall be constructed without eaves which shall be at least 450mm wide (unless, in the absolute discretion of Sidehill Pty Ltd, written approval is given to an alternate eave width) No porch or portico shall extend less than 480mm from the exterior of the front wall of any residence and any porch or portico posts must not be less than 150mmx150mm. Any pillars must have a diameter of not less than 150mm No carport shall be constructed on any lot so as to be visible from the street. No more than one (1) carport shall be constructed on any lot No driveway shall be constructed (or allowed to remain) on any burdened lot unless it is of concrete construction. No gravel or scoria type driveways are permitted on the lot burdened. Occupancy must not commence until the driveway has been constructed No letterbox shall be constructed (or allowed to remain erected) of materials otherwise than those used in the construction of any residence. Single post letterboxes with a diameter of less than 150mm are not permitted No rainwater or other tank may be constructed (or allowed to remain erected) on a burdened lot unless it is of colorbond or polyethylene type material and the same colour as the exterior walls of any residence No fence shall be erected upon any lot herein to divide it from any adjoining land during the ownership of such adjoining land by Sidehill Pty Limited without its consent, but such consent shall not be withheld if such fence is erected without expense to it or its assigns other than purchasers upon sale, and for the purposes of any person dealing with the registered

5 Sheet 5 of 8 proprietor of any lot from time to time, such consent shall be deemed to have been given with respect to any fence for the time being erected. Name of person empowered to release, vary or modify restrictions on use of land sixthly referred to in the abovementioned plan Sidehill Pty Ltd ACN Terms of restriction on use of land seventhly referred to in the abovementioned Plan 3.1 No residential dwelling may constructed on any lot burdened unless it is designed and constructed so that road traffic noise from the Hume Highway is mitigated by durable materials, in accordance with the Environmental Protection Authority criteria The Environmental Criteria for Road Traffic Noise. Where the Environmental Protection Authority criteria cannot practicably or reasonably be met, the following internal noise objectives apply for all habitable rooms under ventilated conditions complying with the requirements of the Building Code of Australia: (a) (b) all sleeping rooms: 35 db(a) Leq(9hr); and all other habitable rooms: 45 db(a) Leq(15hr) and 40dB(A) Leq(9hr). Name of person empowered to release, vary or modify restrictions on use of land seventhly referred to in the abovementioned plan 4. Terms of restriction on use of land eighthly referred to in the abovementioned Plan 4.1 No vehicular or pedestrian access may be constructed or allowed to Thurgoona Drive from any lot burdened. Name of person empowered to release, vary or modify restrictions on use of land eighthly referred to in the abovementioned plan

6 Sheet 6 of 8 EXECUTED for and on behalf of SIDEHILL PTY LTD ACN in accordance with Section 127(1) of the Corporations Act 2001: BLAISE PETER HUTCHINSON Name of Sole Director/Secretary Signature of of Sole Sole Director/Secretary

7 MORTGAGEE CONSENT Sheet 7 of 8

8 Sheet 8 of 8 EXECUTED BY ESSENTIAL ENERGY, by its duly appoints attorney under Power of Attorney Book 4677 No 684 in the presence of: Signature of Witness Name of Witness Address of Witness Signature of Attorney Name of Attorney Title of Attorney