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Home My WebLink AboutA006 - Joint Driveway Easement Declaration O 0 �- instrument: 200400014054 10-lb-2004 Time: 12:07:,B ps. x ' M vex- Fee: �'6.00 E-Cam Fee: 1.00 D Au(! Fee: .00 Trans Tax: .00 0 Q , Filed for Record in STORY COUNTY IOWA -es cn r p--_� SUSAN L. VANDE KAMP,COUNTY RECORDER L', C".) r--: Mir Space above for recording data By:Craig R.Hastings,Att'y at Law,409 Duff PO Box 1794 Ames,IA 50010 51 232-2501 JOINT DRIVEWAY EASEMENT DECLARATION THIS DECLARATION is made 0C/D&_R. 4 � 2004, by E.T.C. ENTERPRISES, INC., JOHN BERDUSCO, a single person, and CURT GARLAND, a single person, whose address is 24707 County Road 75, St. Augusta, MN 56301, and who are referred to in this Declaration as the Owner. 1. OWNERSHIP OF REAL ESTATE. Owner is the owner of real estate located in Story County,and described as: Lots 1 and 2,Link Subdivision,Ames,Iowa 2. DECLARATION AND DESCRIPTION OF EASEMENT. Owner hereby declares the existence of a non-exclusive easement for driveway purposes for the benefit of Lots 1 and 2, Link Subdivision,Ames,Iowa,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 Declaration. As used in this Declaration "driveway purposes" shall mean that the easement area shall be used for 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 initially be constructed, maintained, repaired and replaced by Owner. Should Owner convey either or both Lots to separate owners, then the construction, maintenance, repair and replacement of the driveway shall be performed 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 $500.00 shall be done without the written agreement of the parties. It shall be the responsibility of the owner of Lot 1 to 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 Lot 2 may perform them. P. 1 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 Declaration 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 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 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 Declaration. 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 orders during or with respect to this Pre-Hearing Conference which are appropriate for the purpose of expediting the arbitration process. p. 2 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 DECLARATION. This Declaration and the easements granted shall be permanent, shall run with the land, and shall be binding upon the parties' heirs, successors and assigns. TLindquist, , Inc. Ro CEO STATE OF MINNESOTA,COUNTY OF STEARNS) This instrument was acknowledged before me on October b1#h,2004 by RODNEY L.LINDQUIST as CHIEF EXECUTIVE OFFICER of E.T.C. ENTERPRISES, INC.. �,. , .� W b l -F k SARA J. WOLF Print name here: NOTARY PUBUC•MINNESOTA '�,,,,.•�` Nty Comm.Exp.Jan.31,n37 Notary Public in and for said State and County rror p. 3 JOINT DRIVEWAY EASEMENT DECLARATION p. 4 s✓O Joq Berdusco, a/k/a John P.Berdusco STATE OF MINNESOTA,COUNTY OF WASHINGTON) This instrument was acknowledged before me on October S ,2004 by JOHN BERDUSCO. �c Print name here: Notary Public in and for said State and County 0�%# GRU06��4ii ,V o- � r AGBL�t' •`? p. 4 JOINT DRIVEWAY EASEMENT DECLARATION p. 5 Curt G nd PROVINCE OF BRITISH COLUMBIA,CANADA) This instrument was acknowledged before me on October jo-2004 by CURT GARLAND. Print name here: Notary Public in and for said Province iROBERTA J. STEWART Barrister&Solicitor 700-550 Victoria Street Prince George, BC V21-21<1 Ph: 565-5000 p. 5