Agenda - 04-20-2018 6-a - Major Subdivision Preliminary Plat Application

Browse Search

2 Being all of Lot 1 of the Recombination of Don Ann Acres, Inc. consisting of 104.05 acres per Plat Book 94, Page 99, Orange County Registry. Deed Book 3943, Page 523. Hereinafter referred to as the “Property”. Declarant shall have the unilateral right to extend any and all of the private road rights of way located within the Property to and through the Property for the purpose of access, ingress and egress to additional lots created within the Property according to future plats of the Property which are recorded by the Declarant. Declarant hereby expressly reserves unto itself, its successors, and assigns, the right without Board, member or Lot owner approval to record Supplemental Declarations to identify all future plats of the Property which are recorded by the Declarant. Article 2. Declarants hereby grant unto themselves and the future record owners of the Property adjoining and abutting the private roads as shown on the aforesaid recorded plat(s) or on future plats of the Property which are recorded by the Declarant and as said private roads may be extended into the Property, perpetual ingress, egress and regress over, on and under the said private roads including the use of the roads for the purposes of installation, repair, replacement and maintenance of utilities. TO HAVE AND TO HOLD the above-described easement as an appurtenant to all of the Property, which easement shall run with said Property forever. Article 3. The roads shall be maintained to Class A road standards as prescribed by Orange County now and as the same may be revised from time to time. For so long as Declarants shall be willing and able to serve they shall be responsible for: 1.Determining what maintenance is necessary in order to maintain Secretariat Court and Gallant Fox Crossing. 2.Contracting repairs and notifying the owners of Lots abutting Secretariat Court and Gallant Fox Crossing of their respective assessments at least annually; and 3.Estimating the costs of maintenance in advance, and depositing the funds received in a separate account, the records of which shall be available for inspection by any owner subject to assessment. If at any time Declarants are unable or unwilling to provide for the maintenance of said road, the owners of the subdivided lots as shown on the recorded plats herein before referred to shall be responsible for maintenance as herein provided. Any owner of a subdivided lot within said Property served by said roads or the owner of any interest therein, shall 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 record owners (said meeting to take place no less than 10 days following the mailing of such notice) to all such record owners at their last known addresses as shown on the Orange County Tax Records. At such owners’ meeting all maintenance shall be approved in the manner proscribed and in accordance with the provisions contained in the Restrictive Covenants recorded in Book ______, Page _______, Orange Country Registry. Every owner of any of the aforesaid Property shall bear on a pro-rata basis the cost of maintaining said private roads, this being each owner’s pro-rata share for grading costs, asphalt, 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 said private roads shall be the total cost of maintenance multiplied by said owner’s votes and divided by the total of all the owners’ votes within the Property. Each owner’s pro- rata share of the maintenance cost of said private roads shall be due and owing to the Triple Crown Farm Homeowners Association, Inc., within ten (10) days of the said owners’ meeting. If not paid by that time, the Triple Crown Farm 102