DCPREZ-0000-07069 - Laserfiche WebLink

Home Browse Search

ALLAN C PECKHAM 5887068 P. 04 necessary or otherwise reasonably required in order to provide any utility service to any portion of Parcels A, B and C. Maintenance The driveway shall be reasonably maintained by the owners of said Parcels A, B and C. Reasonable maintenance may include, without necessarily being limited thereto, grading, gravel, ditching, culverts and snow and ice removal. The decision of a majority of owners responsible for payment of the need to perform any item of maintenance shall be final and binding on all parcel owners. The maintenance costs shall be shared equally by the said parcel owners, provided that in determining the maintenance cost to be paid by each parcel owner, the actual portion of the driveway used by the parcel owner for access to the owner's parcel shall be considered along with the particular maintenance item. A parcel owner shall not be required to contribute to the cost of a maintenance item over any portion of the driveway not used by that owner as a means of access. If a parcel owner shall, through their use or use by their invitees or by contractors or subcontractors making improvements to an owner's parcel, cause unreasonable wear thereto, such owner shall be solely responsible for the repair of such unreasonable wear. It is the intent of this Easement & Maintenance Agreement that the driveway be maintained in a condition that permits regular use by automobile for ingress and egress and which is reasonably safe and which the automobile should be able to negotiate at a reasonable speed without damage. The condition of the driveway upon completion of its initial construction shall be a standard by which the need for maintenance in the future shall be measured. Imnr9ved Width The improved portion of the described easement real estate, the driveway, shall be constructed and maintained at not less than 18 feet. The construction of said driveway shall be in accordance with the Town of Black Earth driveway ordinance.