DCPZP-2016-00393 - Laserfiche WebLink

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B. The owner of Parcels B,C and D is the owner of certain real property located in Dane County, Wisconsin, as described on the attached Exhibits B, C and D, which parcels contain no buildings and on which there is no existing driveway as of the date of this Agreement. C. Parcel A Owner and the Owner of Parcels B, C and D wish that a driveway be constructed on those portions of Parcels B and C as described and shown on Certified Survey Map # 12625 which is attached to this Agreement as Exhibit E. D. The owners of Parcels A,B and C are willing to create an easement over Parcels A, B and C to enable the owners of Parcels A, B, C and D to use the driveway,under the terms of this Agreement. AGREEMENT For good and valuable consideration,the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant. The owners of Parcels.A,B and C grant a nonexclusive easement and right- of-way to the owners of Parcels A, B, C and D and their successors and assigns to use driveway easement property as set out in said CSM 12625 as a joint driveway for ingress and egress to Patton Road from Parcels A and B, C and D. 2. Permitted Users. The easement granted in Section 1,above,may be used in common by the owners of Parcels A, B, C and D, and their tenants, employees, customers, and invitees. 3. Initial Construction Costs. The driveway on Parcel A has already been constructed by the owner of Parcel A. The owner of Parcels B,C and D will be equally responsible for the costs of construction of the driveway of similar width and material on Parcels B and C. At such time as an owner of Parcel B, C or D commences construction of any building on his property, which building is to be served by the driveway,the non-constructing owners shall pay to the constructing owner one-third of the constructing owner's documented costs incurred in the construction of the driveway. The owner of Parcel A shall not be reimbursed for the already constructed driveway on Parcel A and shall not be responsible for any costs of driveway construction on Parcels B or C. 4. Maintenance Costs. Until any building is constructed on a non-constructing owner's property,the constructing owner or owners shall bear all of the expenses of maintaining,repairing, and removing snow and debris from the driveway. Following issuance of an occupancy permit for any building constructed on a non-constructing owner's property (or, if no occupancy permit is issued, then following occupancy of any such building), the constructing owners shall`bear all maintenance expenses in proportion to the number of feet of the driveway used by each owner. Unless the parcel owners agree otherwise, all maintenance,repair,and removal shall be performed or contracted for by Parcel A Owner, and the constructing owner or owners agree to promptly pay their share of the expenses of maintenance,repair, and removal incurred by Parcel A Owner within 2