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DCPREZ-2014-10720
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DCPREZ-2014-10720
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Last modified
6/19/2015 3:17:13 PM
Creation date
6/19/2015 3:16:53 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
10720
Town
Cross Plains Township
Section Numbers
15
AccelaLink
DCPREZ-2014-10720
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That each of them, together with their tenants, servants, visitors, and agents, assigns and <br /> licensees, in common with all others having the like right at all times hereafter, with or without <br /> automobile or other vehicles or on foot shall have free and unrestricted access in, to, and upon said <br /> area and the right to use of said Shared Driveway Easement as an appurtenance to their respective <br /> lands for the purposes of ingress and egress to and from the property owned by them, and to pass <br /> and re-pass along and over the Shared Driveway Easement as above described. <br /> That the Owners will at all times keep the Shared Driveway Easement free and clear of <br /> blockages of any kind that would otherwise prevent the free and unrestricted use of the area by the <br /> others. <br /> That the Owners will equally pay all the expenses or be responsible for the maintenance of <br /> the surface of said Shared Driveway Easement that services their property,including such surfacing, <br /> removal of snow and ice therefrom as shall be from time to time required,and mowing of the grass. <br /> That the decision of when to repair or maintain the shared driveway and the Shared <br /> Driveway Easement upon which it is sited shall be by the agreement of both Owners. If any party to <br /> this Driveway Agreement wishes to further improve the surface it must be done at that party's sole <br /> expense,or as per a future agreement between the then Owners. <br /> That the sharing of the expenses as explained in the paragraph above shall begin when the <br /> owners of any lots have taken out their respective building permits, or otherwise utilize the property <br /> so as to merit sharing of said cost. Until such time, the expenses shall be borne solely by the <br /> Owner(s) actively utilizing the driveway. <br /> That none of the parties, their heirs, successors, agents, or assigns, shall do anything,without <br /> the written consent of the other parties, which would cause any rights of the public to attach to said <br /> Shared Driveway Easement,and said parties, for themselves, their heirs and assigns, shall do any and <br /> all things reasonably necessary in order to prevent said Shared Driveway Easement from being <br /> subservient to any rights of the public therein. However, all parties with an interest in the four lots <br /> served by the Shared Driveway Easement consent to the dedication of a future town road right-of- <br /> way within the Shared Driveway Easement at any time if the Town of Cross Plains, in its sole <br /> discretion, accepts it. <br /> Other Provisions: <br /> a.) The Shared Driveway Easement shall be maintained to provide access to emergency <br /> vehicles, school buses and other equipment as determined by the Town of Cross Plains <br /> Engineer,local fire department,and EMS service. <br /> b.) Either the Town of Cross Plains, at its sole discretion, or Dane County, is authorized to <br /> inspect and conduct repair work on the Shared Driveway Easement, at the expense of the <br /> property Owners, if such Owners fall to adequately maintain the Shared Driveway <br /> Easement. <br /> c.) Buildings constructed on the parcels served by this Shared Driveway Easement shall be set <br /> back from the Shared Driveway Easement as specified in Section 10.17(3)(b) of the Dane <br /> County Ordinances. <br /> d.) Permanent, unimpeded access to the lots served by the Shared Access Agreement is granted <br /> to emergency service responders,utility services,and other access which could be had by any <br /> public road. <br />
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