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Home My WebLink AboutA012 - Joint Driveway and General Utility Easement Agreement dated December 2, 1999 s INST.NO. 9 9- 1 6 0 6 1 STORY COUNTY, IOWA 2� FILED FOR RECORD ---- q CAM DEC 06 1999 ON SUSAN L.VANDE KAMP,Recorders AUJDlTMION 6 yn RIETURfV T1p• Space above for recording data By: Craig R. Hastings,Attly at Law, 409 Duff,PO Box 1794,Ames,IA 50010 515 232-2501 JOINT DRIVEWAY AND GENERAL UTILITY EASEMENT AGREEMENT THIS AGREEMENT is made DeC,,6ety ? ,1999, DICKSON D. JENSEN and LUANN C. JENSEN., whose address is 235 Alexander, Ames, IA 50010, and who is referred to in this Agreement as Owner A and DICKSON D. JENSEN and �LUANN C. JENSEN, whose address is 235 Alexander, .Ames, I,A,50010, and who -is referred to in this Agreement as Owner B. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED: 1. OWNERSHIP OF REAL ESTATE. Owner A is the owner of real estate located in Story County, and described as: Lot 4, South Duff Community Park, Ames, Iowa Owner B is the owner of real estate located in the same county, and escribed as: Lot 5, South Duff Community Park, Ames, Iowa 2 CONVEYANCE AND DESCRIPTION OF DRIVEWAY EASEMENT, Owner A hereby conveys to Owner B a non-exclusive easement for driveway purposes, which easement shall run with the land, over and across the area described as: The East 14.00 feet of the North 416.00 feet of Lot 4, South Duff Community Park, Ames, Iowa (referred to as the Lot 4 Easement Area). Owner A hereby conveys to Owner B a non-exclusive easement for driveway purposes, which easement shall run with the land, over and across The West 14.00 feet of the North 416.00 feet of Lot 5, South Duff Community Park, Ames, Iowa (referred to as the Lot 5 Easement Area). As used in this Agreement "driveway purposes" shall mean that the easement area shall be used for residential 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). Owner A and Owner B further convey to the City of Ames a non-exclusive easement for driveway purposes over the Lot 4 Easement Area and the Lot 5 Easement Area. The purpose of this easement grant is to empower the City of Ames to 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 owners and tenants. 3. CONSTRUCTION AND MAINTENANCE. The driveway on the Lot 4 and Lot 5 Easement Areas 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. The driveway shall be constructed according to the requirement of the City of Ames. If 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 $50.00 shall be done without the written agreement of the parties. It shall be Owner A's responsibility to arrange for and superintend any maintenance, repair or replacement. Owner:-Ashall not be reimbursed for Owner A's time in so doing. In the event Owner A fails to perform such duties expeditiously, Owner B may perform them. 4, RESERVATION AND DESCRIPTION OF GENERAL UTILITY EASEMENT. Owner A hereby reserves an easement for general utility purposes, which easement shall run with the land, under the Lot 5 Easement Area. Owner B hereby reserves an easement for general utility purposes, which easement shall run with the land, under the Lot 4 Easement Area. Any utility lines placed in these general utility easement areas shall be placed underground. Each party shall have the right of access to the general utility easement areas reserved in this section together with rights of ingress and egress reasonably necessary- for the use and-enjoyment of,the general utility easement area for the purposes described, including, but not limited to the right to remove any unauthorized obstructions or structures placed or erected on the general utility easement area. The foregoing rights are granted upon the express condition that each party will assume liability for all damage to the general utility easement area and the adjoining area caused by failure to use due care in the exercise of the reserved rights. 5. General Terms and Conditions. 1. Neither Owner A and Owner B, their successors and assigns, shall: p. 2 99_ 1 6061 ( z) a. erect any structures over or within the easement area without obtaining the prior written approval of the City of Ames and the other Owner, b. 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 Owner. 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 Owner. 6. LIABILITY 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 party shall bear the entire 11ability. 7. SETTLEMENT OF DISPUTES. In the event of any dispute arising under this Agreement between Owner A and Owner B, their successors and assigns, 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 party 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 appro ricte,'or ex edient. The arties '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. p. 3 99_ 16 0 6 1 (3) 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 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 forAward. 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 parties' heirs, successors and assigns. OWNER A OWNER B 44;&M ZQZ(AA�� — "A, son D. Jens(j Dic son D. Jense Luann C. Jensen Luann C. Jensen STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on Pece w kw 2 1999 by DICKSON D. JENSEN and LUANN C. JENSEN. s-•,,; a; MY COtm91�P1�it3f�E„Pi�lE3 °`aF Notary Public in and for said Sfdte and County p. 4 99- 1 60 61 (y)