The URL can be used to link to this page

Home My WebLink About~Master - Joint Driveway - Wierson & Rathert - 227 East 9th Street & 223 East 9th Street O 1 - a 8 0 8 0 RECEIVED INST.NO. BAN 1 5 20OZ STORY COUNTY,IOWA 131 FILED FOR RECORD DEC o ar o QF ING&HOUSING 19 2001 PM D SIJSAN L VANDE KAMP, Reamer FERN TO: MFMS-2L•C2AUo.FEE$ — Space above for recording data By: Craig R.Hastings,Att'v at Law,409 Duff,PO Box 1794,Ames,1A 50010 515)232-2501 JOINT DRIVEWAY EASEMENT AGREEMENT THIS AGREEMENT is made December 1h, 2001, between DOUGLAS L. WIERSON and PEGGY J. WIERSON, Husband and Wife, whose address is 227 E. 9TH, Ames, Iowa 50010, and who is referred to in this Agreement as Wierson, and RANDALL R. RATHERT and KELLY RATHERT, whose address is 223 E. 9T14, Ames, Iowa 50010 and who is referred to in this Agreement as Rathert. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED: 1. OWNERSHIP OF REAL ESTATE. Wierson is the owner of real estate located in Ames, Story County, Iowa, and described as: Lot 8 in Block I of Doolittle's Addition to Ames, Iowa and also the South Half of the vacated alley lying immediately North of Lot 8 in Block 1 of Doolittle's Addition in Ames, Iowa Rathert is the owner of real estate located in the same county, and described as: Lot 9, Block 1, Doolittle's Addition to the City of Ames, Story County, Iowa, except the West 52.9 feet and except the North 211 feet thereof. 2. CONVEYANCE AND DESCRIPTION OF EASEMENT. Wierson hereby conveys to Rathert a non-exclusive easement for driveway purposes, which easement shall run with the land, over and across the area shown on the attached Exhibit A, which is incorporated as a part of this Agreement. Rathert hereby conveys to Wierson a non-exclusive easement for driveway purposes, which easement shall run with the land, over and across the area shown on the attached Exhibit A, which is incorporated as a part of this Agreement. As used in this Agreement "driveway purposes" shall mean that the easement area shall be used for residential and home occupation business driveway purposes, and not for parking or standing. The parties agree that neither they nor their agents, employees, invitees or tenants (or their invitees) shall use the easement area for parking or standing, nor shall they obstruct it so as to prevent its use for access by other parties' agents, employees, invitees or tenants (or their invitees). 3. CONSTRUCTION AND MAINTENANCE. The driveway shown on Exhibit A shall be constructed, maintained, repaired and replaced by both=parties as provided in this section. The ' parties agree to share equally the costs and expenses of doing so. Maintenance, repair and replacement shall include filling of chuckholes, resurfacing, sweeping and removal of snow and debris. No maintenance or repair costing more than $250.00 shall be done without the written agreement of the parties. The parties shall mutually agree to undertake any maintenance, repair and replacement under this Agreement. The parties agree that the existing paved surface needs to be widened and that the easement area shown on Exhibit A is wider than that existing paved surface. They agree that they will share equally the cost of widening and resurfacing the driveway to a mutually agreeable width, which widening shall be accomplished during 2002. 4. LIABILTTY AND INSURANCE. Each party agrees to obtain and maintain liability insurance insuring their respective interests in the easement and to share equally in any such liability, except for such liability as may be caused by the negligence or intentional acts of either party, in which case that parry shall bear the entire liability. 5. SETTLEMENT OF DISPUTES. In the event of any dispute arising under this Agreement as to whether the work complies with the plans and specifications, or whether payment is properly due, and the same is not settled within ten days, then either party may request that the dispute be submitted to arbitration. Each party shall promptly choose an arbitrator within 3 days of the request, and the two arbitrators shall choose a third. The parties shall present their dispute to the arbitrators and shall abide by their decision, which need only be a majority decision. The terms of the arbitration procedure shall be as follows: a. Payment of Arbitrators. Each party shall pay the party's own arbitrator according to whatever agreement may be reached between the parry and its arbitrator. The parties shall each pay one-half the fee of the third arbitrator. The parties shall each pay one-half of the third arbitrator's reasonable necessary expenses such as long distance calls, copying, meals, and secretarial expense. Any party not paying its portion of the fee and expenses within 10 days of notice of the amount from the arbitrators shall have judgment rendered against them for their share by the District Court. b. Powers of Arbitrators. The arbitrators, acting as a panel, are hereby given the discretionary power to make and issue orders which are deemed appropriate or expedient. The parties agree to obey the orders and to follow and comply the final award made by the arbitrators. The parties further agree that the arbitration shall be governed by Chapter 679A, Code of Iowa, as modified by this Agreement. C. Memoranda of Law. Each parry's attorney may present to the arbitrators a Memorandum of -Law outlining the legal issues and case law involved in the arbitration proceedings. The Memorandum of Law shall be mailed to the other party's attorney at least 10 days prior to the first arbitration hearing. Each attorney shall then have until 5 days prior to the first arbitration hearing to prepare a supplemental Memorandum of Law. All initial Memoranda and supplemental Memoranda shall then be submitted to each of the arbitrators and the other attorney no later than the date of the first arbitration hearing. d. Presence of Attorneys, Others, Record of Hearings. The parties agree that neither shall have an attorney present at the arbitration hearings. A tape recorded record shall be made of the hearings. It shall be discretionary with the arbitrators to determine whether persons other than the parties shall be allowed to attend a hearing for any purpose other than being a witness.lt is agreed by the parties that no appeal of the arbitrators award shall be made on the ground that _substantial evidence on the record as a whole does not support the award. This shall not prevent an appeal made on the basis that the award (a) assumes°facts not presented at a hearing or (b) is based on findings which are contrary to the facts presented at a hearing. e. Pre-Hearing Conference. The arbitrators may elect to have a pre-hearing conference for the purpose of exchanging information and documents. and for the purpose of stipulating any matters which may expedite the arbitration process. The arbitrators may issue orders during or with respect to this Pre-Hearing Conference which are appropriate for the purpose of expediting the arbitration process. f. Location. The parties agree that the arbitration hearings shall take place at a time and place in Ames, Iowa which is agreeable to the parties and the arbitrators, unless otherwise ordered by the arbitrators. g. Deadline for Award. The arbitrators shall make every effort to make their award in writing no later than 30 days after the final arbitration hearing. 6. NATURE OF AGREEMENT. This Agreement and the easements granted shall be permanent, shall run with the land, and shall be binding on the parties' heirs, suc ssors and assigns. DouNas . Wierson 1 Randall R. Rathert Peg&'e0kiersbn Kelly Raxhert STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on December 11 , 2001 by I).O jUQL,AS, ` L. WIERSON and PEGGY J. WIERSON. Notary Public in and for said State and County i f. A STATE OF IOWA, COUNTY OF STORY ) �1 This instrument was acknowledged before me on December 1 , 2001 by RANDALL R. RATHERT and KELLY RATHERT a YVA Notary Public in and for said State and County _. 1 Jtterttas�'' t , A/Ie z"fpPe o.� s c . 1, • v V - V Q v J " e J m` w •o Q Fi r /F• ; � 1 ,�' a� � �1, • ERSe meltyp� 8 111 J 30' ZoL I ' 30' 42' So' �6-/11 A dPP� sr/�EE7— U '3 a � • inaa. 'rPcord APPRDX • /ron• rasv/-.clr • � .Sep /"re•�ov�taP: NE.S!•d„t" DESCRIPTION Lot 8, Q1ock. 1 , Doolittle's- Addition to Ames /.- and the South. half of the vacated alley lying immediately immediately Borth of Lot B, Block 1 , Doolittle's Addition to Ames., Iowa. i CERTIFICATION At the request of Keith Royer, I surveyed the above �,�• & ��Yp described parcel on August 14, 1979, *and hereby certify 4�'.••''""'•.,SG that the above plat is in accordance with said survey and that'I am duly registered as a Land Surveyor under btfCHAF1 LtSS�I o the laws of the State of Iowa' August 14, 1979 % 7434 ' Michae L. N ssen, PE S 325 I Avenue. 10 V N F.O, I0-12 Nevada, Iowa 50201 -