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DCPREZ-0000-07080
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DCPREZ-0000-07080
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Last modified
11/18/2015 10:57:26 AM
Creation date
11/18/2015 10:57:21 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07080
Town
Perry Township
Section Numbers
24
AccelaLink
DCPREZ-0000-07080
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V 3 2 0 4 8 P 64 <br /> D. ANNUAL MEETING OF LANDOWNERS: The driveway committee,hereafter designated,shall hold <br /> an annual meeting of all parties who own lots covered by this agreement. Said annual meeting shall take place <br /> during the last week of August. Notice by first class mail shall be given to all parties at least thirty days prior to <br /> the meeting date. A chairperson and secretary shall be elected at the annual meeting. The meeting shall be <br /> conducted according to Robert's Rules of Order. If any action is taken at the meeting it shall be by open ballot with <br /> each lot having one vote, whether or not it is owned by more than one party. Proxy votes shall be accepted. <br /> E. DRIVEWAY COMMITTEE: A driveway committee consisting of the three owners of the lands served <br /> by the above described roadways shall be formed beginning July 1, 1996. One member of the roadway committee <br /> shall be designated by GRANTORS for as long as GRANTORS own any of the above described lands. The <br /> member designated by GRANTORS shall serve as the committee's chairperson and agent. At such time as <br /> GRANTORS no longer designates a member,the Owner of Lot Two shall select the chairperson and agent. Owners <br /> shall elect members of the driveway committee for two year terms. If the owners do not select members, the <br /> members shall be selected by the owner of Lot Two. <br /> F. POWERS OF DRIVEWAY COMMITTEE: The driveway committee shall be empowered to do all <br /> acts necessary to maintain the above described driveway in good repair and condition. Without limiting its powers <br /> by enumeration, said powers shall include the power to enter into contracts for the maintenance and repair of the <br /> roadway, to collect, deposit, and disburse funds, to assess and apportion the costs of maintenance and repair <br /> consistent with this agreement, and enforce the terms of this roadway agreement. <br /> G. ANNUAL ASSESSMENT: Each lot owner which is required to contribute to the maintenance and <br /> repair of the roadway, shall pay on September 30th of each year, commencing September 30, 1996,an assessment <br /> for driveway repair and maintenance. The initial assessment shall be$250.00. The amount of the assessment may <br /> be adjusted from year to year depending on the actual expenses incurred for the driveway maintenance and repair <br /> according to the formulae set forth herein. Additionally,the driveway committee may make special assessments <br /> should the need arise. <br /> H. ANNUAL ACCOUNTING: The Driveway Committee shall provide to all landowners an accounting <br /> of all assessments and expenses on an annual basis with the period ending July 31st of each year. Said accounting <br /> shall be sent by September 15th of each year together with a statement for the assessment which will be due <br /> September 30th. <br /> I. LIEN FOR NONPAYMENT: Should any party hereto, or any person required to pay a share of <br /> driveway maintenances charges, fail to pay the same, the unpaid charge shall constitute a lien upon premises of <br /> party liable therefor and in addition such party may be barred from use of said driveway. Any unpaid charges,shall <br /> be assessed interest at the rate of eighteen per cent (18.0%)per annum if the charge remains unpaid more than 30 <br /> days. Any attorney fees and costs incurred in the collection of said unpaid charges shall further be added to the <br /> party's assessment and lien. <br /> J. EASEMENT TO RUN WITH LAND: This grant of easement shall run with the land and shall be <br /> binding on and shall inure to the benefit of the parties hereto, their heirs, successors, or assigns. <br /> NUISANCES: <br /> No noxious or offensive activity shall be carried on upon any lot,nor shall anything be done thereon which <br /> may be or may become an annoyance or nuisance to the neighborhood. Not permitted on Lots One and Three are <br /> the folio • g: <br /> Discharge of firearms, hand or shoulder firearms of powder driven projectiles. <br /> Use of off road vehicles such as motorcycles, 3 wheelers, 4 wheelers and snowmobiles. <br /> Hunting or trapping of any kind. <br /> All lot area not used as a building site or lawn or under cultivation as a family garden shall be kept under a cover <br /> crop or so cultivated or tended to keep it free of noxious weeds. This provision does not, however, prohibit an <br />
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