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Agenda - 05-15-1990 (2)
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Agenda - 05-15-1990 (2)
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Last modified
11/1/2017 12:27:48 PM
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BOCC
Date
5/15/1990
Meeting Type
Public Hearing
Document Type
Agenda
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«;�, Declarants hereby grant unto themselves and <br />the future record owners of the aforesaid property do oinine <br />and abutting <br />aforesaid recorded plat and as said rand may be extended into <br />the aforesaid propertye perpetual ingress# egress and regress <br />along the said road and for the purposes of installation and <br />r.,aintenance of utilities. <br />*, Declarantsr so long as they shall be record <br />owners of any of the aforesaid property# shall be responsible <br />for the maintenance of said private road as herein provided. <br />in the event Declarants no longer own any of the aforesaid <br />propertyr the owners of <br />as shown on the recorded plat herein before referred to shall <br />be responsible for maintenance as herein provided. <br />A- r;cl P y Each record owner of any of the aforesaid <br />property abutting on said road shall bear on a pro -rata basis <br />the cost of maintaining said private road, t'nis being, each <br />owner's pro -rata share for grading costs• gravel. or rock <br />hauled in to fill rutse holes, and washed out sections and <br />necessary replacement of, or additional drainage culverts. <br />wrJ tten notice of all proposed maintenance shall be made to <br />a' -1 owners of record at their last known address. <br />shall be maintained to Class <br />standards as prescribed by Oren. <br />County now and as the <br />same may be revised from time to time. Maintenance and <br />repairs necessary to keep the said road to Class — stan- <br />dards.shall be approved by a majority of the votes cast with <br />respect to the proposed maintenance provided that for this <br />purpose each owner shall have one vote for each "point" <br />assigned to his property. Each owner's pro -rata share of the <br />maintenance costs of said private road shall be computed by a <br />point system whereby one point is assigned per each acre <br />ownedt calculated to the nearest acres and three points for <br />each occupied dwelling unit and each owner's share shall be <br />in proportion of his total points to the total points of the <br />aforesaid property. Each owner's pro -rata share of the <br />Maintenance cost of the said private road shall be due and <br />owing to whomever takes zt that time responsibility for <br />maintenance of said road within 3o days of the work being <br />co:,tleted. If not paid by .hat time, then said costs r..ay be <br />reduced to a judcrrient and shall become a lien on the land of <br />the defaulting owner. <br />n.r�r,e <br />S. In the event that the Said private road is <br />extended within the aforesaid property, the casts of main- <br />taining the entire road system shall be borne by all the <br />o,:ners of said property on the point system set forth above; <br />provided• however► that the initial costs of constructing any <br />extension of. the road shall be borne solely by the owners Of <br />the portion of said property abutting said road extension as <br />they may agree, or if they 60 not agree, then by the same <br />point system as set out above. <br />r. 1p In the event Orange County or any other <br />covernmental bodye as a condition to the approval of any <br />�urther sub6ivision of the property described in Article 1• <br />may require said private road to Se upgraded above a Glass <br />standard 'or publicly dedicated and constructed to Depart <br />meet of Transportation standardst then in that event. <br />Declarants and all persons taking title to the property <br />described in Article 1 shall be responsible for maintenance and the costs of maintenance of the entire road system to the <br />new standard on the point system described in Article 4. <br />providedt however# that the initial cost of constructing the <br />road or any portion of the road to a higher private road <br />standard or to Department of Transportation standards s}.a,l <br />r <br />i <br />
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