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Brown Road North
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1025 Brown Road North
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81-626, SUBD
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Project Packet
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4/7/2026 2:38:44 PM
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The plans, specifications and the awarding of contracts for the <br />private road or for any alterations in the private road after construction <br />thereof shall be approved in writing by the Owners of twenty-five (25) <br />percent of the Lots. <br />The costs incurred fir maintenance and repair of the private road <br />shall be approved in wr -inq by the Owners of twenty-five (25) percent. <br />of the Lots. <br />No Owner may exempt himself from the liability for assessm,_nts <br />by waiver of the use or enjoyment of any of the private r, id or by the <br />abandonment of his Lot. <br />In the event that the Owners of each Lot described herein fail <br />to maintain, repair or replace the private road as provided for herein, <br />it is agreed by all parties that the City of Orono may undertake to <br />maintain, repair and replace the private road as provic'.ed for herein, <br />and that such actions by the City of Orono will not result in the <br />private road's becoming a public roadway, and that each of the Owners <br />will pay to the City of Orono the proportionate cost incurred by the <br />City of Orono within thirty (30) days of the receipt of such charges, <br />or else such charge shall become a lien upon each Lot at the proportion <br />as provided for herein. Said proportionate share is to be determined <br />by dividing the total costs of maintenance, repair or replacement, <br />including without limitation, the cost of cleaning, snow removal, <br />surfacing and resurfacing, by the number of Lots set forth above, <br />adjoining the private road; and that each Owner shall become liable for <br />said proportionate share from and after the date of this Agreement. <br />3. Each of the Owners of a Lot described herein hereby covenants <br />with each of the Owners of all of the other Lots described herein, and <br />Pach Owner of a lot described herein, by acceptance of a deed therefore, <br />whether or not it shall he so expressed in such conveyance, shall be <br />and hereby is deemed to covenant with the then owners of all of the other <br />Lots described herein, that he/she/they shall pay promptly when due <br />his/her/their proportionate share of the costs described in the preceding <br />paragraph. The costs described in the preceding paragraph shall be a <br />personal obligation of the person or persons who are the owner(s) of such <br />Lot at the time when such costs were incurred, and said obligation shall <br />not pass to his/her/their successor:; in title unless Expressly assumed <br />by them. <br />4. The private road shall be used strictly in accordance with <br />the easements granted therefore. s;xcept as herein provided, no Owner <br />shall obstruct or interfere whatever with the rights and privileqes of <br />other owners in the private road and nothing shall be planted, a.tered, <br />constructed upon or removed by an Owner from the private road. If an <br />Owner shall violate this section, the remaining owners shall have the <br />right to restore the private road to its prior condition and assess the <br />cost of such restoration against the owner who violates this section <br />and such assessment shall become⢠clue and payable upon the demand of any <br />of said remaining Own(-rs. All of the remaininq Owners, or any of them, <br />shall have the Light and power to collect the cost of such restorations <br />in a legal proceeding for that purpose. If an owner interferes with <br />the rights and privileges of another owner in the use of the private road, <br />3 of 4 <br />
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