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Home My WebLink AboutA005 - Joint Driveway and General Utility Easement Agreement dated January 17, 2000 p0 - 01 152 INsT.S ORY COUNTY,IOWA I3 FILED FOR RECORD J FEB 01 2000 PM susAiv V L. Arl R�� f SAN $ Zzy Space above for recording d, By: Craig R. Hastings, Att'y at Law,409 Duff, f'O Box 179�1, Ames, L1 SOG10 (51�)232-2.5G1 JOINT DRIVEWAY AND GENERAL_ UTILITY . "EASEMENT: EASEMENT AGREEMENT THIS AGREEMENT is made mo, 1 ; 2000 by BRENT A. HAVERKAMP and TORI:HAVERKAMP, whose address is 120° S: Kellogg, ArY yes, ?; 50010, referred to in this Agreement as Haverkamp. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED: I. OWNERSHIP OF REAL ESTATE, Haverkamp is the owner of real estate located in Story Ccunty, and described as: Lots 1, 2 and 3, Delaware Heights Subdivision, Ames, Iowa 2. CONVEYANCE AND DESCRIPTION OF DRIVEWAY EASEMENT. Haverkamp hereby declares that a non-exclusive easement for driveway purposes, which easement shall run with the land, shall Exist over and across the area (referred to as the Easement Are-a,).-.Jescribed cis: Part of Lot 1, Delaware Heights Subdivision, Ames, Iowa, more particularly described as follows: Beginning at the SW Corner of said Lot 1; thence S 890 13'36" E, 95.00 feet to the SE Corner of said Lot 1; thence N 0"01 '48" E, 30.84 feet along the East line of said Lot 1; thence S 57",43'46" W, 27.21 feet; thence N 89013'36" W, 72,00 feet to the West line of said Lot 1; thence S 0001 '48" W, 16,00 feet along said West line to the point of beginning, containing 0,04 acres; AND The West 16 feet of Lot 3: Delaware Heights Subdivision, Ames, Iowa. The easement shall exist for the benefit of the Owners of Lots 1, 2 and 3, Delaware Heights Subdivision, Armes, Iowa, (the Owners) their heirs, successors, assigns, tenants and invitees. As used in this Agreement "driveway purposes" shall rnean that the Easement Area shall be used for residential driveway purposes, and not for parking or standing. The. Owners 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 Owners' agents, employees, invitees or tenants (or their invitees). Haverkamp further conveys to the City of Ames a non-exclusive easement for driveway purposes over the Easement Area. The purpose of this easement grant is to empower the City of Ames io control retention of access for the Owners and tenants, and those parties permitted under the leases between the Owners and tenants, to the off-street parking located on the respective properties. It shall not convey to the general public any rights other than those permitted under the leases between the respective Owners and tenants, 3. CONSTRUCTION AND MAINTENANCE. The driveway on the Easement Area shall be constructed, maintained, repaired and replaced by the Owners of Lots 1, 2 and 3, Delaware Heights Subdivision, Ames, Iowa, as provided in this section. The Owners 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. The driveway shall be constructed ;according to--the requirements of the City of Ames. !f no such requirements apply, then the driveway will be constructed according to generally accepted engineering standards and in conformance with the aesthetic nature of the area. No maintenance or repair costing more than $ 500 . oo shall be done without the written agreement of the Owners. It shall be the responsibility of the Owner of: Lot 1 ta,.,arrange for and superintend any maintenance, repair or replacement, The Owner of Lot 1 shall not be reimbursed for the owner's time in so doing, In the event the Owner of Lot 1 fails to perform such duties :expeditiously, the owner of either of the other lots may perform them. 4. RESERVATION AND DESCRIPTION OF GENERAL UTILITY EASEMENT. Haverkamp hereby reserves an easement for general utility purposes, which easement shall run with the land, under the Easement Area, Any utility lines placed in the Easement Area shall be placed underground, Each Owner shall have the right of access to the Easement Area reserved in this section together with rights of ingress and egress. reasonably necessary for the. . use and enjoyment of the Easement Area for the purposes described, including, but not limited to the right to remove any unauthor!zed obstructions or structures placed or erected on the Easement Area. The foregoing rights are granted upon the express condition that each party will assume, liability-for all damage to the Easement Area and the adjoining area:craused.by,faiiure:to.uw due dare in the exercise of'the reserved rights. S. General Terms and Conditions. 1 . Haverkamp, his successors, heirs and assigns, shall not: a, erect any structures over or within the Easement Area without obtaining the prior written approval of the City of Ames and the other Owners. ,. erect or cause to be placed on the Easement Area any structure, material, device, thing or matter which could possibly obstruct or Impede its use under this easement without obtaining the prior written- approval of the City Engineer and the other Owners, p 00 - 01 1 52 �� • ti C. change grade, elevation or contour of any part of the Easement Area without obtaining the prior written approval of the City Engineer and the other Owners. 6. LIA6ILI1Y AND INSURANCE. Each Owner agrees to obtain and may~fain liability insurance insuring the Owner's respective interests in the Easement area and to share equally in any such liability, except for such liability as may be caused by the negligence or intentional acts of another Owner, in which case that Owner shall bear the entire liability. 7" S1ETTLEMENT`-,0F"`DISF�UTIcS; In -the-event of any dispute arising under This -Agreement among the Owners of Lots 1, 2 or 3, their heirs, successors and assigns, then any Owner may request that the dispute be submitted to arbitration. -r Each,Owner..who-is•party 101he.dispute. shall promptly choose .an arbitrator within 3 days of the request,-and, if there are only two parties to the dispute, the two arbitrators shall choose a third. The parties shall present their dispute to the three arbitrators and shall abide, by their decision, which need only be a majority "decisI0r)'Jhe*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 igreement may be reached between.the party and its arbitrator. If there are only two parties to the dispute.. the parties shall each pay .one-half of the third arbitrator's fee and reasonable .and 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 the nonpaying party for its 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- party'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. It 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 p 3 00 - 01 1 52 � ) 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. 8. NATURE OF AGREEMENT. This Agreement and the easements granted shall be permanent, shall run with the land, and 'shall be binding upon the Owners' heirs, successors and assigns. -4--t - Brent A. m v Haverkap Tor! Haerk lip J STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on _ Tcu1. i--7- _ , 2000, by TORT HAVF_RKAMP. R t RACHEL LLAW MY CONYISSION EXPIRES OD Notary Public in and for said State and County STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on_��tn. 1 _, 2000, by BRENT A. HAVERKAMP. i 101 RACHEL L.LAW . /► ��l„ NY COMMISSION EXPIRES */40* (o a5-vv Notary Public in and for said State and County pp - ® 1152 4 p. 4