Fillable Printable Private Road Maintenance Agreement - Wisconsin

Private Road Maintenance Agreement - Wisconsin

PRIVATE ROAD MAINTENANCE AGRE EMENT

An Agreement made this original date of ____________, 20___, applicable to the

undersigned parcel owners and users,

RECITALS

WHEREAS, _______________ Road is a private road situated in Kinnickinnic

Township, County of St. Croix, State of Wisconsin, and

WHEREAS, the undersigned parcel owners are the owners or users of the

Roadway Property situated in Kinnickinnic Township, County of St. Croix, State of

Wisconsin, commonly known as _____________ Road, and described as follows:

(Roadway Property Description)

WHEREAS, the parties desire to enter into an Agreem ent regarding the costs of

maintenance and improvements to ______________ Road; and

WHEREAS, it is agreed that future parcel owners or users will add their

signatures to this document;

NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1. Vehicle and Pedestrian Access Easement. The Roadway Property shall be

subject to a perpetual, n onexclusive easement for ingress and egress granting access to all

the parcel owners and their occupants, agents, employees, guests, services and emergency

vehicles, and those individuals appointed by the Town Board to conduct semi-annual

road reviews.

2. Utility Easement. The Roadway Property shall be subject to a perpetual,

nonexclusive public utility easement for the purp o se of permitting above and below

ground public utilities to be installed and maintained.

3. Road Commission Agent. A Road Commission Agent shall be elected by a

majority of the property owners, will serve a term as agreed to by the property owners,

and can be replaced or renewed at any time by a simple majority vote of the parcel

owners. The Road Commission Agent shall be responsible for monitoring the condition

of the road surface and initiating maintenance activities as needed to maintain the

minimum road surface standards.

4. Road Maintenance. Road maintenance and road improvements will be

undertaken and made whenever necessary to maintain the road in good operating

condition at all times and to insure the provision of safe access by emergency vehicles. A

majority vote of parcel owners is required for any road improvements and to accept the

bid for any road improvement contract. Before authorizing expenditures for future road

improvements, parcel owners will be notified by the Road Commission Agent, cost

estimates will be provided, and a majority agreement will be required. If any parcel

owner performs improvements, maintenance, repairs or replacements without the

approval of the other lot owners prior to performing such work, the lot owner performing

such work shall become liable for the entire cost thereof, unless such work is deemed an

emergency. However, where emergency repairs are necessary as more particularly noted

in Paragraph No. 13 below, neither majority vote nor prior approval is necessary before

making such improvements or undertaking such maintenance.

5. Parking. For the safety of the residents, no machinery, trailers, vehicles or

other property may be stored or parked upon the Private Road except parking of vehicles

for limited periods of time (not to exceed twelve hours).

6. Cost Sharing. Road maintenance, snowplowing and road improvement costs

shall be shared on a pro-rata basis between the parcel owners sharing access to the abo ve

mentioned road. Each parcel owner’s share of costs incurred shall be determined as

follows: Pro-rated cost share will be based upon the percentage of roadway extending

from the start of the Private Road to the intersection of each driveway where a residence

exists, or to the midpoint of a property frontage that is adjacent to the roadway when a

residence does not exist. The Road Commission Agent shall provide the Town an

updated copy of the cost allocations at any point that changes are made to the cost

allocation s.

7. Prepayment. Prepayment of maintenance, snowplowing and improvement

costs will be made to the road maintenance account by each property owner. Annually,

on or before a date as specified by the Road Commission Agent, each parcel owner will

contribute their pro-rated share of the estimated annual cost for road maintenance, road

improvements, and annual snow removal. The Road Commission Agent shall send each

parcel owner a two week notice of the annual payments due.

8. Definition of a Parcel. A parcel is defined as a land entity having a certified

survey map (CSM), a platted subdivision lot number, or a parcel identification number in

the case of unplatted lands. Each parcel is assessed and granted (1) vote regardless of the

number of owners. If a parcel is owned by more than one person, all of the owners of the

parcel will collectively be referred to as the “parcel owner” for purposes of this

Agreement, and will be entitled to one collective vote (i.e. each parcel represents one

vote in the matters covered by this Agreement).

9. Future Parcels. Any additional parcels gaining access to the Private Road by

way of splitting existing parcels will be bound by all terms and conditions of this

agreement, and will be required to pay that portion of the m aintenance, snowplowing and

improvement costs incur red af ter the split as determined using the formula contained in

Paragraph No. 6 above. If any additional parcels are created after the original Private

Road Maintenance Agreement is signed, the new parcel owners must also sign the

agreement. When a parcel is being sold on a land contract, the land contract vendee shall

be deemed the owner of record.

10. Snow Plowing. The Private Road shall be snowplowed so as to permit year

round access. The cost shall be shared by the parcel owners as indicated in Paragraph

No. 6 above. Individual driveway snow plowing, if desired, will be invoiced to the parcel

owners directly by the snow plow contractor.

11. Checking Account. The Road Commission Agent shall establish and

maintain a bank checking account with a local bank, and will prepare and distribute to the

herein affected parcel owners an annual income and expense report and a yearend

balance sheet, accounting for all funds received and disbursed.

12. Annual Road Reviews by Town. A Private Road serving 3 or more lots or

parcels shall be part of the Town’s annual road reviews. The adjacent property owners

will be notified of any observed improvements needed on Private Roads, and

improvements must be made by the residents on the Private Road. If the improvements

are not made within 2 months from notification (or within a time fram e otherwise agreed

to by the Town Board), the Town will make the improvements and bill the work to the

property owners. The cost will include both the Town’s expenses for staff time and the

contractor’s expenses for the actual road im provements. The costs must be fully paid

within 2 months from the date of the invoice (or within a time frame otherwise agreed to

by the Town Board). If the costs are not paid by this time, the Town will certify the costs

(including both the construction and administrative costs) to the County tax roll, for all

residents living on the Private Road.

13. Emergency Repairs. If the Town is made aware of emergency safety

conditions on a Private Road, the Town will attempt to reach the Road Comm ission

Agent and request that the necessary repairs be completed immediately. However, if the

Town is not able to reach the Road Commission Agent, the Town has the authority to

make emergency repairs as needed without further notification of the residents on the

road. In such cases, the property owners will be notif ied after the repair of the cost and

amount due from the residents, as well as the reasons for making the emergency repairs.

The schedule and process for reimbursement to the Town will be as described in

Paragraph No. 12 above.

14. Effective Term. This Agreement shall be perpetual, and shall encumber and

run with the land as long as the road remains private.

15. Binding Agreement. This Agreem ent shall be binding upon the parties

hereto, their respective heirs, ex ecutors, administrators and assigns.

16. Amendment. This Agreement may be amended only by a two-thirds

majority consent of all parcel owners.

17. Enforcement. This Agreement may be enforced by a majority of parcel

owners. If a court action or lawsuit is necessary to enforce this Agreement, the party

commencing such action or lawsuit shall be entitled to reasonable attorney fees and costs,

if the party prevails.

18. Disputes. If a dispute arises over any aspect of the im provements,

maintenance, repair or replacement, a third party arbitrator shall be appointed to resolve

the dispute. The decision of the arbitrator shall be final and binding on all of the lot

owners. Contact information for local arbitrators can be obtained through the American

Arbitration Assocation. In selecting a third party arbitrator, each lot shall be entitled to

one vote, and the nominee receiving a majority of the votes shall be the arbitrator. All

parties shall share in the cost of any arbitration.

19. Notices. Parcel owners under the Agreement shall be notified by mail or in

person. If an address of a parcel owner is not known, a certified notice will be mailed to

the address to which the parcel owner’s property tax bills are sent.

20. Invalidity. Should any provision in this Agreement be deemed invalid or

unenforceable, the remainder of the Agreement shall not be affected and each term and

condition shall be valid and enforceable to the extent permitted by law.

21. Other Agreements. This Private Road Maintenance Agreement replaces all

previous Private Road Maintenance Agreements regarding the described Private Road.

22. Town Road and Driveway Ordinance. The Private Road shall be

constructed and maintained in accordance with the Town’s Road and Driveway

Ordinance.

23. Disclaimer by Town. It is understood and agreed that the Town, the Town

Board, the Plan Commission and the agents of the Town shall not be liable or responsible

in any manner to the developer or the property owners along the road, or to their

contractors, subcontractors, agents, or any other person, firm or corporation, for any debt,

claim, demand, damages, action or causes of action of any kind or character arising out of

or by reason of the activities or improvements being required herein.

24. Recording This Document. Original and amended copies of this document ,

including added signatures, shall be recorded and provided to the Town Clerk by the

Road Commission Agent.

Signed,

___________________________________________________ _______________

____________________________________________________________________