05-24-1999 Council Packet - Laserfiche WebLink

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•f.« • •1 I Cone (the* Code”). Upon ilte termination of the temporarv* easement over the Temporary' Cul-de-sac. tne Association shall be responsible for the removal of the Temporniy Cul-de-sac and the restoration of the property lying thereunder, and the payment of all costs associated with such removal and restoration, which such costs shall be assessed to the Owners. 3 4.!: The plans, specifications and the awarding of connects for maintenance of the Private Roadway and the Temporars’ Cul-de-sac shall be approved in writing by the Owners of fifty percent (50%) of the Lots. 3.4.3 No Owner may exempt himself/herself from the liability for assessments by waiver of the use or enjoyment of the Private Roadway or by the abandonment of his/lier Lot. Section 3.5 Prohibitions of Use of Private Roadway. 3.5.1 No Owner shall obstruct or interfere whatever with the rights and privileges of other. Owners in the Private Roadway or the Temporar\’ Cul-de-sac and except for maintenance of the Private Roadw-ay or the Temporary Cul-de-sac, nothing shall be planted, altered, constructed upon or removed from the Private Roadw-ay or the Temporary Cul-de- sac. j.5.2 No Owner shall obstruct or interfere with the passage of any school bus or emeigency vehicle over or across the Private Roadway or the T* :nporar>- Cul-de-sac. 3.5.3 No vehicles shall be parked in the Private Roadw-ay or the Temporar)- Cul-de- sac for a continuous period of time greater than twenty-four hours. 5 N 4 No vehicular repair or maintenance may be conducted in the Private Roadway or the Temporary' Cul-de-sac. Section 3.6 Violation and Enforcement. 3.6.1 In the event the Ow-ners fail to conduct any required maintenance to the Private Roadway or the Temporary Cul-de-sac, it is agreed by all Owners that the City, may undertake such maintenance and assess each Lot an equal, proportionate share of the maintenance conducted by the City. Any .such maintenance conducted by the City will not result in the Private Roadw-ay or the Temporary Cul-de-sac becoming a public roadw-ay. Each Ow-ner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) days after Owner’s receipt of such charges, or else such charge, including attorneys fees and costs in collection thereof, shall become a lien upon the Lot for which payment has not been made. 3.6.2 If an Owner shall violate any of the obligi-.tions, covenants, conditions or restrictions contained in this Declaration, the remaining Ow-ners shall have the riuht to enforce this Declaration, and in the event an Ow-ner’s violation results in dam.Tiie to the Priv.ste Roadw-ay or the Temporary' Cul-de-sac, Ow-ners may restore the Private Roadway or the Temporary- Cul-de-sac to its prior condition and assess the cost of such restoration acainst BUSSED 3091 S6.9