MAINTENANCE and EASEMENT AGREEMENT
MAINTENANCE and EASEMENT AGREEMENT
MAINTENANCE and EASEMENT AGREEMENT
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<strong>MAINTENANCE</strong> <strong>and</strong><br />
<strong>EASEMENT</strong> <strong>AGREEMENT</strong><br />
Document Number<br />
Document Name<br />
THIS <strong>AGREEMENT</strong>, is created this _______ day of _______________, 2009,<br />
by the Owner of the property as described in Exhibit A (hereinafter “Owner”) attached<br />
hereto <strong>and</strong> incorporated herein by reference, for the benefit of any <strong>and</strong> all future owners<br />
of the property described in Exhibit A (hereinafter “Future Owners”).<br />
WHEREAS, Peoples State Bank is the Owner in fee simple of the real property <strong>and</strong><br />
improvements constructed thereon described in said Exhibit A; <strong>and</strong><br />
WHEREAS, Owner’s property does not front a public road making it necessary<br />
for an agreement to provide for a roadway maintained privately by Future Owners.<br />
WHEREAS, Owner desires to create an easement in, to, upon, under <strong>and</strong> over<br />
a portion of Owner’s property, specifically referenced on Exhibit B (hereinafter<br />
“Easement Property”) attached hereto <strong>and</strong> incorporated herein by reference; such<br />
easement being for the sole purpose of ingress <strong>and</strong> egress via private road over <strong>and</strong><br />
across said Easement Property to provide access to Future Owners.<br />
NOW, THEREFORE, in consideration of the premises, it is the intention of Owner<br />
to state the following for the benefit of all Future Owners of the Easement Property <strong>and</strong><br />
the property described in Exhibit A.<br />
Recording Area<br />
Name <strong>and</strong> Return Address<br />
See attached.<br />
Parcel Identification Number (PIN)<br />
1. Grant of Easement. Owner hereby creates a non-exclusive, perpetual easement for ingress <strong>and</strong> egress via the private road over <strong>and</strong><br />
across said Easement Property, for the benefit of all Future Owners of the property described in Exhibit A.<br />
2. Development. A portion of the Easement Property necessary to access Lot six is presently unfinished; developing the unimproved<br />
easement will be the sole responsibility of the Future Owner of Lot six; any subsequent maintenance to this unfinished portion of<br />
the Easement Property will become the responsibility of all Future Owners as described in below ‘Maintenance’.<br />
3. Maintenance. From time to time maintenance on the private roadway will be necessary <strong>and</strong> any cost to properly maintain <strong>and</strong> restore<br />
said roadway, with the exception of the unimproved easement for the benefit of Lot six as described in ‘Development’, will be the<br />
responsibility of all Future Owners through assessed fees; said determination of fees, <strong>and</strong> frequency of repairs <strong>and</strong> maintenance, will<br />
be by agreement of a majority of the Future Owners in prorated 1/14 th shares equally split one vote for the ownership of one lot.<br />
4. Indemnification <strong>and</strong> Hold Harmless. Future Owners of the property described in Exhibit A shall indemnify <strong>and</strong> hold one another<br />
harmless from <strong>and</strong> against any <strong>and</strong> all claims, dem<strong>and</strong>s, losses, damages, liabilities <strong>and</strong> expenses of whatever kind, including, but not<br />
limited to, costs <strong>and</strong> actual attorney’s fees, arising out of or in any way in connection with the use, attempted use or lack of proper use<br />
of the Easement Property.<br />
5. Compliance. Future Owners of the property described in Exhibit A shall comply with all applicable statutes, laws, rules, regulations,<br />
ordinances <strong>and</strong> orders of any authority of competent jurisdiction with respect to the installation, repair <strong>and</strong> maintenance of the<br />
sanitary sewer system.<br />
6. Benefit of Easement. This Easement shall be deemed to be perpetual in nature <strong>and</strong> run with the l<strong>and</strong> <strong>and</strong> shall inure to the benefit<br />
of the parties hereto <strong>and</strong> their respective heirs, successors <strong>and</strong> assigns.<br />
ACKNOWLEDGMENT<br />
STATE OF WISCONSIN<br />
)<br />
) ss.<br />
MARATHON COUNTY<br />
)<br />
* Pete Knitt, President <strong>and</strong> CEO, Peoples State Bank Personally came before me on<br />
,<br />
the above-named Pete Knitt, President <strong>and</strong> CEO, Peoples<br />
State Bank<br />
to me known to be the person(s) who executed the foregoing<br />
*<br />
instrument <strong>and</strong> acknowledged the same.<br />
THIS INSTRUMENT DRAFTED BY:<br />
Rebecca L. Pilgrim<br />
Attorney at Law<br />
*<br />
Notary Public, State of Wisconsin<br />
My Commission (is permanent) (expires:<br />
).
Exhibit A<br />
Lots 1, 2, 3 <strong>and</strong> Outlot 1 of that Certified Survey Map dated November 9, 2000 <strong>and</strong> recorded November<br />
22, 2000 in Volume 12 Certified Surveys, Page 120 as Map No. 3423, being a part of Government Lot 2<br />
<strong>and</strong> l<strong>and</strong>s not part of U.S. Public L<strong>and</strong> Survey System, Section 4, Township 42 North, Range 5 East,<br />
Manitowish Waters Township, Vilas County, Wisconsin.<br />
TOGETHER WITH <strong>and</strong> SUBJECT TO a non-exclusive easement for ingress, egress <strong>and</strong> utility purposes<br />
as shown on Volume 12 Certified Surveys, Page 120.<br />
Tax Parcel #: CS 1<br />
Computer #: 016-96-25 (Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: CS 2<br />
Computer #: 016-96-26 (Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: CS 3<br />
Computer #: 016-96-27 (Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: OL 1<br />
Computer #: 016-96-29 (Manitowish Waters)<br />
Site Address: None given<br />
AND<br />
Lot 4 of that Certified Survey Map dated December 19, 1991 <strong>and</strong> recorded December 31, 1991 in Volume<br />
8 Certified Surveys, Page 115 as Map No. 2387, being a part of the omitted l<strong>and</strong>s being adjacent to<br />
Government Lot 2, Section 4, Township 42 North, Range 5 East, Manitowish Waters, Vilas County,<br />
Wisconsin.<br />
TOGETHER WITH <strong>and</strong> SUBJECT TO a non-exclusive easement for ingress, egress <strong>and</strong> utility purposes<br />
as shown on Volume 8 Certified Surveys, Page 115.<br />
Tax Parcel #: CS 4<br />
Computer #: 016-96-28 (Manitowish Waters)<br />
Site Address: 59 County Trunk Highway "K"<br />
AND<br />
1
Exhibit A - Continued<br />
Lots 5, 6 <strong>and</strong> 7 of that Certified Survey Map dated November 9, 2000 <strong>and</strong> recorded November 22, 2000<br />
in Volume 12 Certified Surveys, Page 122 as Map No. 3424, being a part of the l<strong>and</strong>s not part of the U.S.<br />
Public L<strong>and</strong> Survey System, Section 4, Township 42 North, Range 5 East, Manitowish Waters Township,<br />
Vilas County, Wisconsin.<br />
TOGETHER WITH <strong>and</strong> SUBJECT TO a non-exclusive easement for ingress, egress <strong>and</strong> utility purposes<br />
as shown on Volume 12 Certified Surveys, Page 122.<br />
Tax Parcel #: CS 5<br />
Computer #: 016-96-30 (Manitowish Waters)<br />
Site Address: 59 Country Trunk Highway "K"<br />
Tax Parcel #: CS 6<br />
Computer #: 016-96-31(Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: CS 7<br />
Computer #: 016-96-32 (Manitowish Waters)<br />
Site Address: 59 County Trunk Highway "K"<br />
AND<br />
Lots 8, 9 <strong>and</strong> 10 of that Certified Survey Map dated November 9, 2000 <strong>and</strong> recorded November 22, 2000<br />
in Volume 12 Certified Surveys, Page 124 as Map No 3425, being part of Government Lot 2 <strong>and</strong> l<strong>and</strong>s<br />
not part of the U.S. Public L<strong>and</strong> Survey System, Section 4, Township 42 North, Range 5 East,<br />
Manitowish Waters Township, Vilas County, Wisconsin.<br />
TOGETHER WITH <strong>and</strong> SUBJECT TO a non-exclusive easement for ingress, egress <strong>and</strong> utility purposes<br />
as shown on Volume 12 Certified Surveys, Page 124.<br />
Tax Parcel #: CS 8<br />
Computer #: 016-96-33 (Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: CS 9<br />
Computer #: 016-96-34 (Manitowish Waters)<br />
Site Address: 59 County Trunk Highway "K"<br />
Tax Parcel #: CS 10<br />
Computer #: 016-96-35 (Manitowish Waters)<br />
Site Address: None given<br />
AND<br />
2
Exhibit A - Continued<br />
Lots 11, 12 <strong>and</strong> 13 of that Certified Survey Map dated November 9, 2000 <strong>and</strong> recorded November 22,<br />
2000 in Volume 12 Certified Surveys, Page 126 as Map No. 3426 <strong>and</strong> amended in Volume 14 Certified<br />
Surveys, Page 325 as Map No. 4128, being a part of Government Lot 2 <strong>and</strong> l<strong>and</strong>s not part of the U.S.<br />
Public L<strong>and</strong> Survey System, Section 4, Township 42 North, Range 5 East, Manitowish Waters Township,<br />
Vilas County, Wisconsin.<br />
TOGETHER WITH <strong>and</strong> SUBJECT TO a non-exclusive easement for ingress, egress <strong>and</strong> utility purposes<br />
as shown on Volume 12 Certified Surveys, Page 126 <strong>and</strong> Volume 14 Certified Surveys, Page 325.<br />
Tax Parcel #: CS 11<br />
Computer #: 016-96-36 (Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: CS 12<br />
Computer #: 016-96-37(Manitowish Waters)<br />
Site Address: None given<br />
Tax Parcel #: CS 13<br />
Computer #: 016-96-38 (Manitowish Waters)<br />
Site Address: None given<br />
AND<br />
A parcel of l<strong>and</strong> being a part of Government Lot 2, Section 4, Township 42 North, Range 5 East,<br />
Manitowish Waters Township, Vilas County, Wisconsin, <strong>and</strong> being more particularly described as<br />
follows:<br />
COMMENCING at <strong>and</strong> being the beginning, an iron pipe marking the Southeast corner of said<br />
Government Lot 2; thence N00°02'W along the East line of said Government Lot 2 a distance of 406.35<br />
feet to an iron pipe; thence S52°12'W a distance of 126.51 feet to an iron pipe; thence S00°02'E parallel<br />
with the East line of said Government Lot 2 a distance of 343.07 feet to an iron pipe on the Northerly<br />
shore of Rest Lake; thence N81°53'E along said shoreline a distance of 101.00 feet to an iron pipe <strong>and</strong> the<br />
Place of Beginning.<br />
Tax Parcel #: GL 2-2<br />
Computer #: 016-58 (Manitowish Waters)<br />
Site Address: 2 Red Feather Road<br />
3