DECREE
IT IS THEREFORE ORDERED ADJUDGED AND DECREED as follows:
The Plaintiff, Mary Hays, is granted a perpetual easement for herself, her heirs and assigns into, upon and over all that portion of the West Thirty-two feet of the North 182 feet of the South 626.65 feet of the North one-half of the Northwest Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 27 West of the 5th P.M., Dallas County, Iowa.
The easement shall be held by Mary Hays solely for the purpose of providing ingress and egress to her and to her invitees.
The defendant, Carl Hays, shall maintain the easement. The rights granted to Mary Hays shall be nonexclusive in that the defendant,
The Plaintiff, Mary Hays, is granted a perpetual easement for herself, her heirs and assigns into, upon and over all that portion of the West Thirty-two feet of the North 182 feet of the South 626.65 feet of the North one-half of the Northwest Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 27 West of the 5th P.M., Dallas County, Iowa.
The easement shall be held by Mary Hays solely for the purpose of providing ingress and egress to her and to her invitees.
The defendant, Carl Hays, shall maintain the easement. The rights granted to Mary Hays shall be nonexclusive in that the defendant,
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Carl Hays, may also use the property described as The West thirty-two feet of the South 626.65 feet, of the North one-half of the Northwest Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 27 West of the 5th P.M., Dallas County, Iowa,
for purposes of ingress and egress.
The defendant, Carl Hays, may maintain, at his own expense, a gate at the northern end of that portion of the tract described as The West thirty-two feet of the South 626.65 feet, of the north one-half of the Northwest Quarter of the Northwest Quarter of Section 16, Township
79 North, Range 27 West of the 5th P.M. Dallas County, Iowa, for purposes of restricting access to the property. The gate shall be maintained by Carl Hays and the gate shall be constructed in such a manner as to allow access to May Hays, Carl Hays, and all of their invitees.
The defendant may place a lock upon the gate, provided that the plaintiff shall, at all times, a key or the necessary combination in order to obtain access to the property.
Mary Hays and Carl Hays shall keep the gate at the north end of the lane locked at all times, subject to reasonable rights of entry and egress.
The fence and gates on the east side of the the West thirty-two feet of the South 626.65 feet, of the North one-half of the Northwest Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 27 West of the 5th P.M., Dallas County, Iowa, that were installed by the defendant, Carl Hays, shall be removed by him on or before March 1 of 1992. In the event that the defendant fails, refuses or neglects to remove the fences and gates on the described property by the time fixed by the Court, they may be
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removed by the plaintiff Mary Hays, and the cost of that removal shall be charged to the defendant. In that event, the plaintiff shall file an Affidavit with the Court setting out the total costs incurred in the removal of the gate and fence. The Court shall then review that Affidavit and enter an appropriate Order and judgment with regard to such costs. Jurisdiction of the parties and of the subject to this action is retained by the Court for that purpose.
The east side of that portion of the property described as The West thirty-two feet of the South 626.65 feet, of the North one-half of the Northwest Quarter of the Northwest Quatter of Section 16, Township 79 North, Range 27 West of the 5th P.M., Dallas County, Iowa, shall then be kept free of fencing and gates except with the expressed permission and consent of the owner of Parcel #2.
All of the equipment and personal upon the lane by Carl Hays, shall on or before March 1 of 1992. property that has been stored removed from the lane by him
In the event that the defendant fails, refuses or neglects to remove all of the equipment and personal property that has been stored upon the lane on or before March 1 of 1992, the plaintiff
can remove all of the equipment and personal property that has been stored upon the lane and dispose of all of the equipment and personal property that has been stored upon the lane without any accounting to the defendant.
In that event the plaintiff shall file an Affidavit with the Court setting out the total costs incurred in the removal of all of the equipment and personal property that has been stored upon the
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lane. The Court shall then review that Affidavit and enter an appropriate Order and judgment with regard to such costs. Jurisdiction of the parties and of the subject to this action is retained by the Court for that purpose.
The defendant, Carl Hays, is permanently restrained and enjoined from allowing livestock within the lane and from storing any equipment, machinery or personal property in the lane.
With the exception of the easement that has been reserved by the Court to the plaintiff, Mary Hays, over the lane, the plaintiff shall have no right, title, interest, claim, estate, or demand of any kind or nature with regard to Parcel #1.
The easement that was created for the benefit of the plaintiff, dated October 29,
1981, and filed for record on November 6, 1981, in Book 589 at Page 403 of the records of the Recorder of Dallas County, Iowa, is hereby rescinded, declared null, void and of no further force and effect.
With the exception of the rights granted to the plaintiff, Mary Hays, by this decree, she shall have no rights of any kind or nature with regard to Parcel *1.
In the event that the defendant desires to place a gate or fence at. any point not subject to the easement granted to the plaintiff, he may do so at his sole expense.
Carl Hays, his heirs, successors and assigns, shall have an easement in, to, upon and over that portion of Parcel *2 that consists of the existing route from Horton's Lane to that portion of Tract #1 lying east of the north-south creek that intersects the subject property. This easement may be used by Carl Hays, his heirs, successors and assigns as access for farming and for professional purposes only. It may not be used in the furtherance
In the event that the defendant desires to place a gate or fence at. any point not subject to the easement granted to the plaintiff, he may do so at his sole expense.
Carl Hays, his heirs, successors and assigns, shall have an easement in, to, upon and over that portion of Parcel *2 that consists of the existing route from Horton's Lane to that portion of Tract #1 lying east of the north-south creek that intersects the subject property. This easement may be used by Carl Hays, his heirs, successors and assigns as access for farming and for professional purposes only. It may not be used in the furtherance
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of any residential or commercial use of Parcel #1.
The plaintiff, Mary Hays, will have the obligation to maintain path #1. Except for the cost of maintaining the two fords that intersect path #1, this obligation shall be at the sole cost of Mary Hays. Path #1 shall be maintained by Mary Hays in such a manner as to allow reasonable access to generally used farm equipment.
The plaintiff and defendant shall jointly maintain the two fords. Each shall bear one-half of the cost of the maintenance of the fords.
The fords shall be maintained in such a manner as to allow reasonable access to generally used farm equipment.
Carl Hays' obligation with regard to the maintenance of the fords along Lane #1 shall exist only for so long as Carl Hays, his heirs, successors or assigns, hold rights to the easement granted
by this decree. If Carl Hays or his successors or assigns relinquish their rights to the easement across lane #1, all obligation on the part of Carl Hays, his heirs, successors and assigns shall cease.
Carl Hays shall bear the sole responsibility of maintaining the easement from Lane #1 southward to Carl Hays Field #1. The defendant may clear a path from Lane #1 to Carl Hays Field #1 not greater than thirty-two feet in width. Carl Hays shall be responsible for any damage he may cause in the establishment of this lane or in its use.
All claims by the defendant counter-claimant, Carl Hays, for damages against the plaintiff and for compensation for lost profits and compensation for land acquisition costs are dismissed.
Carl Hays' obligation with regard to the maintenance of the fords along Lane #1 shall exist only for so long as Carl Hays, his heirs, successors or assigns, hold rights to the easement granted
by this decree. If Carl Hays or his successors or assigns relinquish their rights to the easement across lane #1, all obligation on the part of Carl Hays, his heirs, successors and assigns shall cease.
Carl Hays shall bear the sole responsibility of maintaining the easement from Lane #1 southward to Carl Hays Field #1. The defendant may clear a path from Lane #1 to Carl Hays Field #1 not greater than thirty-two feet in width. Carl Hays shall be responsible for any damage he may cause in the establishment of this lane or in its use.
All claims by the defendant counter-claimant, Carl Hays, for damages against the plaintiff and for compensation for lost profits and compensation for land acquisition costs are dismissed.
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The Application for a Rule to Show Cause filed against the plaintiff is overruled.
Each of the parties to this action shall pay their own deposition costs, the remaining Court costs shall be split equally between the parties.
RESTRAINING ORDER
Carl Hays and Mary Hays are permanently restrained and enjoined from initiating any communication, in writing or by phone to one another. Except that each may contact the other for obligations regarding to essential business matters, the needs of their mother, Ethel Hays, or security and safety which affects either property. Such exceptional circumstances shall include but are not necessarily limited to:
A.Security and safety;
B.Arrangements for cost sharing of maintenance for the crossing;
C.The selection of a guardian for Ethel Hays;
D.Coincidental business such as cropland leasing or lumbering.and necessary requirements for maintenance of the crossing.
When the need for communication arises between the parties, it shall be accomplished through a legal representative for either party or through a mutually acceptable third party that has been previously agreed upon between the parties.
Done this 24th day of January, 1992.
William H. Joy, Judge
Fifth Judicial District of Iowa
Clerk to file original and mail copy to:
1. Attorneys of record 2. Plaintiff, Mary Hays
3. Defendant, Carl Hays