COM 0452.005 1996-1998 - Laserfiche WebLink

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~ 6 his F1L E CQP Y ROADWAY USE AND NAINT£NANC£ AGREEMENT LOTS 4-H, 5-B , 5-B dad 7-B I. Definitions. The terms and phrases used in this Agreement shall have the same definitions as those in the Declaration of Covenants, Conditions and Restrictions to which this Agreement is attached EXCEPT TEAT the term "Roadway" as used in this Roadway Use and ![aintenance Agreement shall mean the easements described in 2xhibit "2" attached to the aforesaid Declaration and specifically indentified as "A-1" and ^A-2", the tezm "Lot" shall mean Lots f-8, 5-B, 6-B and 7-B of the "Kaawalca Orchards Subdivision" and the term "Lot holder" shall mean only those Lot holders (as defined in the aforesaid Declaration) far Lots 4-B, 5-B, 6-8 and 7-8. 2, Lsse_ The Roadway will be used by the Lot holder for roadxay purposes of ingress and egress to Lots 4-b, 5-B, 6-B and 7-B located in the "Raawaloa Orchards Subdivision" and for utility gurposes over or under the Roadway to said Lots, No Lot heldet, including Ctantar to the extent he is a Lot he lilac--see Paragraph 4 below, shall nave any right to assign or convey any rights in the Roadway for ingress or egress to any property other than Lots 4-B, 5-B, 6-B and/or 7-s located within the ^Kaawaloa Orchards Subdivision^. The Roadway shall be used for sue!! purposes only by: fl) the holders of Lota 4-B, S-B, s-a ant 7-B in the "Raawaloa Orchards Subdivision", tacit Families, tenants, queers and iaviteesj (2) those persons and theiz successors in interest, if any, for whom use has been reserved by the Grantor in Ehe instruments creating, granting or transferring the Lots andJor the Roadway and each of its Constituent parts; and (3) such other persona as the Grantor may desiginate passant to the terms o! thin Roadway Use and naintenancc Agreement. No Lot holden, or any person acting on behalf of a Lot holder, shall in any way prevent or inhibit free usage of the Roadway by those persons entitled thereto for the purposes and upon the Conditions set forth 'in this Roadway Use and Maintenance Agreement and the Declaration of Covenants, Conditions and Restrictions desczibed above. 3. Maintenance, Ooeraticn And Repair Of The Roadway. (a) Coses of Mlaintenance And Repair. 11) The costs and fees associated with the maintenance and repair of the Roadway shall be paid in equal shares by the owners of the parcels of real property having use o: the Roadway, subject, however, to the terms, conditions and agreements set forth below for the creating, granting or transferring of ocher ri. anC the a°e°^~"•~ constituting the Roadway,-~whiCh might on occasion require a different allocation and payment of the costs oC the Roadway, ~ respect to the costs and fees attributable to ZO'd 09E5 886 505 "~~+I 'S'd"S Tb~£i L6-BO-L^~'