Orange County NC Website
inalienable easement and right on, over, and under the ground to erect, maintain, inspect, repair 28 <br /> and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other <br /> suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, <br /> water, cable television or other public conveniences or utilities on, in, or over each Lot and such <br /> other areas as are shown on the plat of the Properties recorded or to be recorded in the office of <br /> the Register of Deeds of Orange County; provided further, that the Declarant may establish <br /> drainage ways for surface water whenever such action may appear to the Declarant to be <br /> necessary in order to maintain reasonable standards of health, safety and appearance. These <br /> easement rights expressly include the right to cut any trees,bushes, or shrubbery, grade the soil, or <br /> to take any other similar action reasonably necessary to provide economical and safe utility <br /> installation and to maintain reasonable standards of health, safety and appearance. Each Owner <br /> shall not allow the diversion or concentration of stormwater runoff, without the prior written <br /> approval of the Architectural Committee, and no drainage diversion or structure may be <br /> constructed in violation of any North Carolina Department of Transportation regulation. Such <br /> rights may be exercised by any licensee of the Declarant, but this reservation shall not be <br /> considered an obligation of the Declarant to provide or maintain any such utility or service. <br /> Section 4. The Declarant reserves unto itself, its successors and assigns, the right to <br /> subject the Property to a contract with Piedmont Electric Membership Coop or other electricity <br /> generating company for the installation of street lighting, which contract requires a continuing <br /> monthly payment to Piedmont Electric Membership Coop by the Association for street lighting <br /> service. <br /> Section 5. All easements and rights described herein are easements appurtenant, <br /> running with the land, and shall inure to the benefit of and be binding on the undersigned, its <br /> successors and assigns, and any Owner, purchaser, mortgagee and other person regardless of <br /> whether or not reference to said easement is made in the respective deeds of conveyance, or in <br /> any mortgage or trust deed or other evidence of obligation, to the easements and rights described in <br /> this Declaration. <br /> ARTICLE IV. MEMBERSHIP AND <br /> VOTING RIGHTS <br /> Section 1. Every Owner of a Lot which is subject to assessment shall be a Member of <br /> the Association. Membership shall be appurtenant to and may not be separated from ownership <br /> of any Lot which is subject to assessment. <br /> Section 2. The Association shall have two classes of voting membership: <br /> a. CLASS "A". Class A members shall be all Owners, with the exception of the <br /> Declarant, and shall be entitled to one vote for each Lot. When more than one <br /> person or entity holds an interest in any Lot, all such persons or entity shall be <br /> members. The vote for such Lot shall be exercised as they among themselves <br /> determine, but in no event shall more than one (1) vote be cast with respect to any <br /> Lot. <br /> b. CLASS "B". The Class B member shall be the Declarant or Developer and Declarant <br /> or Developer shall be entitled to twelve (12) votes for each Lot owned by Developer. <br /> The Class B membership shall cease and be converted to Class A membership on the <br /> happening of any of the following events, whichever occurs earlier: <br /> -5- <br />