Agenda - 06-17-2014 - 7e - Laserfiche WebLink

Browse Search

60 subject to the protective and restrictive covenants set forth in the various Articles of this declaration is located in Chapel Hill Township, Orange County, North Carolina, and is more particularly described as follows: Article 2. Declarant hereby grants unto itself and the future record owners of the aforesaid property adjoining and abutting the Private Roads as shown on the aforesaid recorded plat(s)and as the Private Roads may be extended into the aforesaid property,perpetual ingress,egress and regress over, on and under the said s including the use of the road for the purposes of installation and maintenance of utilities. TO HAVE AND TO HOLD the above-described easement as an appurtenance to all of the property,which easement will run with said lands forever. Article 3. The roads will be maintained to Class A road standards as prescribed by Orange County now and as the same may be revised from time to time. Declarant will be responsible for maintaining the Private Roads until: Thereafter the owners of the subdivided lots as shown on the recorded plats herein before referred to will be responsible for maintenance as herein provided. Any owner of a subdivided lot within said property served by said road or the owner of any interest therein,will have the right to enforce the maintenance standard by sending by registered or certified mail,return receipt requested, written notice of all proposed maintenance and of the time and place of a meeting of the said records owners(said meeting to take place no less that 10 days following the mailing of such notice)to all such records owners at their last known address as shown on the Orange County Tax Records. As such owner=s meeting,all maintenance will be approved by a majority of the votes cast (each owner having one vote for each subdivided lot owner and three for each dwelling unit on a lot). Every owner of any of the aforesaid property using said road will bear on a pro-rata basis the cost of maintaining Private Roads,this being each owner=s pro-rata share for grading costs,gravel, or rock hauled in to fill ruts, holes, and washed-out sections and necessary replacement of or additional drainage culverts. Each owner=s pro-rata share of the maintenance costs of Private Roads will be the total cost of maintenance multiplied by said owner=s votes and divided by the total of all the owner=s votes within the property. Each owner=s pro-rata share of the maintenance costs of Private Roads will be due and owing to whichever other owner initiated the maintenance enforcement within 10(ten)days of the said owner=s meeting. If not paid by that time,said initiating owner may file suit for the same on behalf of the owners.