05-24-1999 Council Packet - Laserfiche WebLink

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Members shall be all Owners o:‘ one or more Lois. When more than one person or eniiiy shares ownership of a Lot, ir.e voie shall be exercised as ihey determine amone iliemselves. Section 2.3 Suspension of\*otim! Rights of Members. The riulu of any Member to vote •sliall be suspended during any period in which any such Member shall be delinquent in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for any infraction of any niles or regulations published by the Association. ARTICLi: 111 PRIVATE roadway AND TEMPORARY CUL-DE-SAC Section 3.1 Rdadwav and Utility Easements . Declarant hereby declares and creates a per))ciual, non-exclusive privnie easement over the Private Roadway for vehicular travel and for the installation and maintenance of utilit-ies, and declares and creates a temporary*, non-exclusive private easement for veliicular travel over the Temporar>« Cul-de-sac, wltich easements shall be for the benefit of the Lots and for use by the Owners and their invitees and other public seance providers, such as police, fire, bus and ambulance services, which road easement shall be extended to the owner(s) of Outlot B, if and when, Outlot B is replatted into residential lots. The temporarx' easement over the Te:nporar>' Cul-de-sac shall exist only for so long as the Temporary' Cul-de-sac is in use, and said temporary' easement shall terminate without action by any party hereto if, and when, the Private Roadway is extended through into the land adjoining the Property. Section 3.2 Ownership of the Private Roadwav . The fee title to the Private Roadway (Outlot .A) shall be owned and held by tlie Association, subject to the easements described in Section 3.1 above. In the event City shall determine it to be in the public interest to utilize the Private Roadway as a public street, the Association shall, after notice in accordance with applicable provisions of the City’s Code and Mimiesoia law, convey its intere.*.: in the Private Roadway (Outlot A) to the Citj' for no additional consideration therefor. Section j.j OxxTiership of the Temporary Cul-de-sac . The fee title to the land underlying the Temporary' Cul-de-sac shall be owed by the Owners of the Lots under which the Temporary' Cul- de-sac is located. Section 3.4 Maintenance and Removal of Private Roadwav and Temporary' Cul-de-sac . j.4.1 Declarant shall be responsible, at its expense, for initial construction of the Private Roadway' and the Temporary Cul-de-sac, which shall in all respects conform to the requirements of the City'. The Association shall pay for any and all costs incurred in connection with the maintenance, repair and replacement of the Private PvOadway and the Temporary'Cul-de-sac, and shall assess all such costs among the Owners of the Lots equally as a Common Expense Assessment. Maintenance shall include construction, reconstruction, resurfacing, snow removal, sanding and salting, as necessary', lighting, striping, and curbing as the Association shall determine necessary; provided, however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal OUSSED 5091(16.9