Orange County NC Website
44 <br />As of December 31, 2004, Declarant's responsibility pursuant to this Article shall pass to <br />and become the responsibility of the Board of Directors of the Association or any Architectural <br />Review Committee established by the Board, said committee to consist of no less than three (3) <br />representatives appointed by the Board. The Declarant, in his sole discretion, shall have the right <br />to convey his responsibility by written letter to the Association prior to December 31, 2004. <br />ARTICLE VI <br />EASEMENTS <br />Section 1: All.of the PROPERTY, including Lots, shall be subject to such eats for waxer <br />lines, sanitary sewer lines, storm drainage facilities, gas lines, cable TV, telephone and electric <br />power lines and other public utilities as shall be or shall have been granted by the Declarant or by <br />their predecessors in title. <br />Section 2, An easement over, through and to the Open Space Area is hereby reserved, <br />conveyed and established in favor of Declarant and its duly authorized agents and assigns, during <br />and for the purposes of construction activity, storage of construction materials, the necessary <br />disturbance of land for construction planted berms and the necessary disturbance of land for <br />construction of septic drain fields. Said easement shall continue and exist only so long as <br />Declarant and its duly authorized agents and assigns are actually engaged in constriction within <br />the PROPERTY. No Lot Owner shall interfere or hamper Declarant, its agents or assigns, in <br />connection with such construction. <br />Section 3. Perpetual easements for the installation, maintenance and repair of septic lines, <br />drain fields and all other aspects of the septic system, of whatsoever nature or kind, are hereby <br />reserved, conveyed and established in favor of Declarant and the future owners of Lots No. 1 and <br />2, WOODGREEN SUBDIVISION over and across the OPEN SPACE AREA designated as Tracts <br />1 -A and 2 -A and the private sewer easements over and across Lot No. 1, WOODGREEN <br />SUBDIVISION, all as shown on the plat and survey of WOODGREEN SUBDIVISION, as <br />recorded in Plat Book , at Page , Orange County Registry, to which plat reference <br />is hereby made for a more particular description of same. All of these easement shall be a burden <br />upon the Lots and the Open Space Area as depicted on the aforesaid recorded plat and these <br />easements shall be a benefit to the Lots that they are intended to serve as* also depicted on the <br />aforesaid recorded plat. These easements shall run with the land that they are intended to serve. <br />The plat depicts a separate septic drain field for Lot No. 1 and for Lot No. 2. The plat also <br />depicts septic line easements for each Lots No. 1 and 2 and where these easements lie side by side, <br />they shall be construed as common non - exclusive easements for all of the Lots described in the <br />side by side easement areas. Each Owner shall install, maintain and repair his septic lines, <br />drain fields and all other aspects of the septic system located within the easement areas <br />described above and shall preserve and maintain his separate easement area (including <br />without limitation his septic lines, drain fields and all other aspects of his septic system) in <br />the same condition as originally constructed. If any Lot Owner fails to maintain, repair and <br />—7— <br />