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Nom"M s,, . urrLs. <br />FAXWM TMeAYf <br />• ANOOIJON <br />.ssoNNan ., 4A+. <br />lN..« NNL N.6 27". <br />-3- <br />esc�:725 a� W9 <br />ARTICLE III <br />Declarants, so long as they shall be the record owners of the aforesaid <br />property, shall be responsible for the maintenance of said road as herein <br />provided: provided however, the collection of assessments and enforcement of <br />the provisions of this Agreement may be delegated and assigned by any <br />Declarant to the Heartwood Landowners' Association. Inc. <br />ARTICLE IV <br />Each record owner of any of the aforesaid property (the Dickinson lands <br />and Lots 30. 31. 32, and 33) adjoining the aforesaid private road (Pathway <br />Court)shall bear on a pro -rata basis the cost of maintaining said private <br />road, this being each owner's pro -rata share for grading costs. gravel, or <br />rock hauled in to fill ruts, holes, and washed out sections. repair or <br />replacement of pavement, and necessary replacement of or additional drainage <br />culverts: provided however. the Dickinson lands referenced above shall be <br />subject to assessment only from and after the date of subdivision thereof <br />subsequent to this Agreement, and then only the lots thereby created shall <br />be assessed. Portions of the Dickinson lands reserved for future <br />development shall remain exempt from assessments until subdivided or <br />developed. Written notice of all proposed maintenance shall be made to all <br />owners of record at their last known address. Pathway Court shall be <br />constructed and maintained to Orange County Class A standards. but <br />hard - surfaced in compliance with North Carolina Department of Transportation <br />Minimum Construction Standards for pavement design for subdivision streets, <br />from the point of its Intersection with Heartwood Drive a distance of <br />approximately 170 feet In a northerly direction to the southern boundary of <br />N <br />27 <br />