DCPZP-2016-00422 - Laserfiche WebLink

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8. No Obstruction/Interference. (a) The Parcel Owners acknowledge that the use of the easements referenced under Section 1 of this Easement are necessary to and indivisible from the use and enjoyment of the Parcels. The Parties shall not erect or maintain any permanent structure, or otherwise reduce, obstruct or interfere with the ingress and egress of pedestrian and vehicular traffic upon, over and across the Driveway, except as otherwise provided in this Easement. The common Driveway shall not be used or designated by any Parcel Owners for the parking of any motor vehicles without permission of the other parcel owners. (b) The owners or occupants of Lot 1 take title to that Lot with full knowledge and awareness that the driveway access for Lot 1 will be shared with an operating farm. The owners or occupants of Lot 1 acknowledge that they have no right of nuisance or cause to complain by reason of noise from agricultural traffic or machinery, odors from farm operations or other conditions which exist now or may exist in the future as the result of farm operations. This notice and waiver of right to object shall continue regardless of whatever scale or extent the farm operation may increase to. 9. Covenants Run with Land. All of the terms and conditions in this Easement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by each Parcel Owner and their respective heirs, successors and assigns as owners of the Parcel. The easement referenced under Section 1 of this Easement is an easement appurtenant and may not be transferred separately from, or severed from, title to the Parcels. Furthermore, the benefits of the easements referenced under Section 1 of this Easement shall not be extended to any properties other than the Parcels without the consent of the Parcel Owners. Each Parcel Owner shall cease to have further liability under this Easement with respect to facts or circumstances first arising after such Parcel Owner has transferred the fee simple interest in their respective Parcel, except, however, for obligations that accrued during such Parcel Owner's period of ownership of fee title to such Parcel. 10. Non-Use. Non-use or limited use of the easement rights granted in this Easement by any or all of the Parcel Owners shall not prevent such Parcel Owners from later use of the easement rights to the fullest extent authorized in this Easement. Non-use or limited use of the easement rights granted in this Easement by any or all of the Parcel Owners shall not relieve such Parcel Owners from their obligations under this Easement. 11. No Partnership, Joint Venture or Principal-Agent Relationship. Neither anything in this Easement nor any acts of the Parties hereto shall be deemed by the Parties hereto, or by any third person, to create the relationship of principal-agent, or of partnership, or of joint venture, or of any association between the Parties, and no provisions of this Easement are intended to create or constitute any person a third party beneficiary hereof. 12. Resolution of Disputes. All disputes between the Parties concerning this Easement, any legal or equitable claims associated therewith, or the declaration of the rights, duties, and obligations of the Parties hereunder shall be resolved by final and binding arbitration. The arbitration shall be conducted in Dane County, Wisconsin by a single neutral arbitrator appointed in the following manner.