The URL can be used to link to this page

Home My WebLink AboutA007 - Joint Driveway Easement Agreement dated June 6, 2003 3 - 1742 INST.NO. ' STORY COUNTY,IOWA FILED FOR ASCtRD � J O o AUG 19 2003 PM ID Opp SUSAN L.VANDE KAMR,Recorder RaE0.FEE&M AUn.FEE RETURN TO: Space above for recording data By: Craig R.Hastings,Aft' at Law,409 Duff,PO Box 1794,Ames, IA 50010 515 232-2501 JOINT DRIVEWAY EASEMENT AGREEMENT THIS AGREEMENT is made (� 2003, among ROLAND G. STRUSS and WILMA J. STRUSS, Husband and Wife (Struss), and SCOTT T. BLUM and SHELE BLUM, Husband and Wife (Blum). IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED: 1. OWNERSHIP OF REAL ESTATE. Struss are the legal title holders and Blums the equitable title holders of real estate described as: Lots 1, 2, and 3, and Outlots A, B, and C, all in River Ridge Subdivision, Story County, Iowa The parties to this Agreement are Struss and Blums and their successors or assigns. If any party owns more,than one lot in the subdivision,that party shall be treated as a single party, but the allocations of expenses shall be made equally among the owners of Lots 1, 2, and 3, so that each of these lots bears an equal portion of the cost. 2. CONVEYANCE AND DESCRIPTION OF EASEMENT. Struss and Blums hereby agree that there shall be 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 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 owners of Lots 1, 2, and 3 agree to share the costs and expenses of doing so, allocating one-third of the cost to the owner of each lot; as provided above. Maintenance, repair and replacement shall include filling of chuckholes, resurfacing, sweeping and removal'of snow and debris. No maintenance or repair costing more than $ 4 Poe co shall be done without the written agreement of the parties. It shall be Blums', or their successors and assigns' responsibility to arrange for and superintend any maintenance, repair or replacement, unless Blums and another party enter into an agreement that the party shall do so. 4. 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 parry, in which case that party 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 any party to this agreement may request that the dispute be submitted to arbitration. Each party shall promptly choose an arbitrator within 3 days of the request. 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 parry 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 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 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 P 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 upon the parties' heirs, successors and assigns. Roland G. Struss Wilma J. Struss STATE OF IOWA,COUNTY OF STORY) r This instrument was acknowledged before me on June, 2003 by ROLAND G. WILMA J. STRUSS. L AMYSTEGER Commission Number 72=8 My Commission Expires Print name here: January 3,2006 3 t Notary Public in and for said State and County Scott T. Blum Shele Blum STATE OF 1%, COUNTY OF 6rible) This instrument was acknowledged before me on June k ,2003 by SCOTT T. BLUM and SHELE BLUM. �o�►ce A- Print name here: Notary Public in and for said State and County 9�it JOYCE A.CASY Seaf Notary Public-Nona STATE OF �ODNNRI CAMD MY Commission Exp+res June 3,2006 P . 3 • � � E r ��gl'r��°� se��g�sew$��1�iws€"s^- €€� ��m "�� " ss p as, ab g� sus"" o S gsl ° P �Ag v� ra E� ggagg3 a��a �seH pi a eg g € R,9.m�'99°I°� C 1 �y6�$� C.e"e6�rm9 6 iq�§q6i� PI'm pill €� oe^^"s ^�°ends as x a Sy 5 81 Q.R. 3 1,,R._Cp�AN 6rI "It ERA 95 11, y �134 a, �Q a� "rayNil 099 €� a '4 a- sae 5 INN flulaq.—g€;iee�A 4 I g i9�@�e 4p F.p�fiFiF 3 1� in Pn �is��, � 3 GCCG 4�d �� fi g �0 RA _ ;Orn•°ae.0• �ap•y,� SOOro'a' 2aB0' --------------------- All /• --------�� 11 ilia. 01V ? � 1 1�z �E pm F -- -:--------- r 1 -------- ------ ---- ' 4 rsL.u mem•n A sso•o2•Ba• ssl-- -y eo.ro.:: A2iE:s�fE --- ---- u:e�:>:ti w " spay' P �'�y mw: 00.1 B,PoE fi��.83 N00•l3.20'1 .0a'� 00'll'19'E .OB:Bf ne•t)�Y �tt pK ,EpaRZ It oil FINAL PLAT 5TUMBO A550GIATE5 RIVER RIDGE SUBDIVISION mll;f=.11am=^•.a...wf Ot lO.l. °a ° G, INC. a•;f�^i LAND 5URVEYIN `°`• ;:°,..•°e•sm•1;z��?sv ='o%... a2 PARCEL 'J'-AND A PART OF THE NEW/4, SWS/4, 7 • �, s�1°U o 510 S.ITth STREET,SUITE 102 AMES,IOWA 50010 SEC. 23-G4-24, STORY COUNTY, IOWA _ PHONE 515-233-365q FAX 515-233-4403 SURVEY PREPARED FOR: SCOTT BLUM l2=•m°.. .}ek° .`w=em.. JOB 8W524BFP DATE: 5/23/03 PAGE: W of W �x�"IdIT