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Agenda - 06-17-2014 - 7e
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Agenda - 06-17-2014 - 7e
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9/18/2014 11:30:35 AM
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BOCC
Date
6/17/2014
Meeting Type
Budget Sessions
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Agenda
Agenda Item
7e
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Minutes 06-17-2014
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\Board of County Commissioners\Minutes - Approved\2010's\2014
RES-2014-049 Resolution of BOCC approving Triple Crown Farms Preliminary Subdivision Plat, dated April 21, 2014
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\Board of County Commissioners\Resolutions\2010-2019\2014
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61 <br /> Notwithstanding the vote at the owner=s meeting,nothing in this Declaration of Restrictions <br /> will be construed as denying any owner the right to see that the said road is maintained to Class <br /> A standards,and any owner may require that the maintenance requirements be submitted to binding <br /> arbitration under the rules and regulations of the American Arbitration Association(as governed by <br /> the Revised Uniform Arbitration Act of North Carolina,North Carolina General Statutes Section 1- <br /> 569.1 et seq. as it may be from time to time amended)by notice mailed to all said record owners at <br /> their last known addresses by registered or certified mail,return receipt requested,by 5:00 p.m. on <br /> the second working day following the owners=meeting,unless such arbitration notice is sent,the <br /> vote of the majority of the owners will be conclusive as to what maintenance is mandated by this <br /> Declaration of Restrictions. <br /> Article 4. The Private Roads located within said property may be dedicated to the public at <br /> the election of a majority vote of the owners under the same procedure used in Article 3 for the <br /> maintenance of said road. In that event,the owners and their successors in title and interest to any of <br /> the property described herein will remain responsible for road maintenance as herein provided until <br /> such time as the road dedicated is maintained by the North Carolina Department of Transportation or <br /> other governmental body. <br /> It is probably that future development of the property described in Article 1 will require <br /> upgrading of the Private Roads providing access to the property described in Article 1 to either a <br /> higher Private Roads standard or to North Carolina Department of Transportation standards. In the <br /> event that Orange County or any other governmental body, as a condition to the approval of any <br /> further subdivision of the property described in Article 1,may require Private Roads to be upgraded <br /> above a Class A standard or publicly dedicated and constructed to Department of Transportation <br /> standards, then in that event, Declarant and all persons taking title to the property described in <br /> Article 1 will be responsible for maintenance and the costs ofmaintenance of the entire road system <br /> to the new standard on the point system described in Article 3. Provided,however,that the initial <br /> costs of constructing the road or any portion of the road to a higher Private Roads standard or to <br /> Department of Transportation standards will be borne solely by the owners of the portion of said <br /> property,the subdivision of which requires that the road or any portion of it be upgraded according to <br /> the system described in Article 3. In the event public dedication of the Private Roads or any <br /> extension of the Private Roads or portions thereof is required by Orange County,all persons taking <br /> title to the aforesaid property from and through Declarant will dedicate to the public that portion of <br /> the road require to be dedicated. <br /> Article 5. In the event that extensions are made to the Private Roads within the aforesaid <br /> property, or to other property, or for utility access to other property, the costs of maintaining the <br /> entire road system will be borne by all the record owners of any property served by the entire road <br /> system as set forth in Article 3;provided,however,that the initial costs of construction any extension <br /> of the road will be borne solely by the owners of the portion of said property abutting said road <br /> extension as they may agree,or if they do not agree,then among them by the same point system as <br /> set out above. <br /> Article 6. This Agreement will remain in full force and effect as to said road or any portion <br />
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