Orange County NC Website
103 <br /> of said private road as herein provided in the event Declarants no <br /> longer own any of the aforesaid property, the owners of Setter Run <br /> Subdivision, Phase II, as shown on the recorded plat herein before <br /> referred to shall be responsible for maintenance as herein provided. <br /> Article 4. Each record owner of any of the aforesaid property <br /> abutting on said road shall bear on a pro-rata basis the cost of <br /> maintaining said private road, this being each owner's pro-rata share <br /> for grading costs, gravel, or rock hauled in to fill ruts, holes, and <br /> washed out sections and necessary replacement of, or additional <br /> drainage culverts. Written notice to all proposed maintenance shall be <br /> made to all owners of record at their last known address. <br /> Setter Lane shall be maintained to Class A standards as prescribed <br /> by Orange County now and as the same may be revised from time to time. <br /> Maintenance and repairs necessary to keep the said road to Class A <br /> standards shall be approved by a majority of the votes cast with <br /> respect to the proposed maintenance provided that for this purpose each <br /> owner shall have one vote for each "point" assigned to his property. <br /> Each owner's pro-rata share of the maintenance costs of said private <br /> road shall be computed by a point system whereby one point is assigned <br /> per each acre owned, calculated to the nearest acre, and three points <br /> for each occupied dwelling unit and each owner's share shall be in <br /> proportion of his total points to the total points of the aforesaid <br /> property. Each owner's pro-rata share of the maintenance cost of the <br /> said private road shall be due and owing to whomever takes at that time <br /> responsibility for maintenance of said road within thirty (30) days of <br /> the work being completed. If not paid by that time, then said costs <br /> may be reduced to a judgment and shall become a lien on the land of the <br /> defaulting owner. <br /> Article 5. In the event that the said private road is extended <br /> within the aforesaid property, the costs of maintaing the entire road <br /> system shall be borne by all the owners of said property on the point <br /> system set forth above; provided, however, that the initial costs of <br /> constructing any extension of the road shall be borne solely by the <br /> owners of the portion of said property abutting said raod extension as <br /> they may agree, of if they do not agree, then by the same point system <br /> as set out above. <br /> Article 6. In the event Orange County or any other governmental <br /> body, as a condition to the approval of any further subdivision of the <br /> property described in Article 1, may require said private road to be <br /> upgraded above a Class A standard or publicly dedicated and constructed <br /> to Department of Transportation standards, then in that event, <br /> Declarants and all persons taking title to the property described in <br /> Article 1 shall be responsible for maintenance and the costs of <br /> maintenance of the entire road system to the new standard on the point <br /> system described in Article 4. Provided, however, that the initial <br /> cost of constructing the road or any portion of the road to a higher <br /> private road standard or to Department of Transportation standards <br /> shall be borne solely by the owners of the portion of said property, <br /> the subdivision of which requires that the road or any portion of it be <br /> upgraded. The cost of constructing the road or any portion of it to a <br /> higher private road standard or to Department of Transportation <br />