DCPREZ-2014-10736 - Laserfiche WebLink

Home Browse Search

RESERVATION OF A JOINT DRIVEWAY AGREEMENT Robert Heinzeroth and Lynelle Heinzeroth are the owners of real estate and identified as Lot 1, Certified Survey Map No.12528 (parcel A) and Lot 2, Certified Survey Map No. 12528, (parcel B) RECITALS : A. Robert Heinzeroth and Lynelle Heinzeroth owns the real estate described as Lot One (1) and Lot Two (2), Certified Survey Map No. 12528 recorded in Volume 78 Certified Surveys Maps, Pages 209-211 as document number 4464418 PINS: 026/0511-093-9250-0 and 026/0511- 093-9270-0. B. Robert Heinzeroth and Lynelle Heinzeroth reserve an easement for ingress and egress purposes as a joint driveway over Parcel A serving Parcel B and more particularly described as follows: Commencing at the Southeast corner of Lot 1,CSM 3848,now Lot 1 CSM 12528;thence North 89 degrees 25 minutes 22 seconds East, 195 feet, more or less, then North 02 degrees 58 minutes 40 seconds West, 66 feet, more or less; thence South 89 degrees 18 minutes 13 seconds West, 198.56 feet to a point, thence Southwesterly along the westerly boundary of CTH N, 70.00 feet,more or less, to the point of beginning of this description. Part of PIN: 026/0511-093-9250-0 and 026/0511-093-9270-0. AGREEMENT For good and valuable consideration,the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Reservation. Parcel A Owner reserves a nonexclusive easement and right-of-way over the area described above and located on Parcel A and the reservation of easement is for Parcel B Owner and Parcel B Owner's successors and assigns as the owner of Parcel B to use the Driveway and the Easement Property as a joint driveway for ingress and egress from County Road N to and Parcel B. The reservation is over the 66 foot strip although the owner of Parcel B is restricted to use the existing driveway as presently located. 2. Permitted Users. The easement reserved may be used by the Parcel B Owner and its tenants, employees, customers, and invitees in common with Parcel A Owner and its tenants, employees, customers, and invitees. 3. Maintenance Costs. Unless Parcel A Owner and Parcel B Owner agree otherwise in writing, all maintenance and repair of the driveway easement shall be shared equally and Parcel A Owner shall perform all maintenance and repairs. Maintenance and repairs shall be paid for and performed by Parcel A Owner. Parcel B. Owner agrees to promptly pay its share of the expenses of maintenance, and repair incurred by Parcel A Owner within 30 days of billing for the expenses. If Parcel B Owner does not promptly pay its share,Parcel A Owner may pay the full cost and then have