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City of Orono <br /> October 12, 2017 <br /> Page 2 <br /> appears to be roughly a 153-foot-long prong off of Kelly Avenue. Lot 8 is owned by the <br /> Huelers, as the owners of the Hueler Property, Paul Randall, as the owner of 2701 Pence <br /> Lane (the "Randall Property"), and now by the Dunkleys, as the owners of the Second <br /> Dunkley Property. At the County, ownership of Lot 8 is tied to (and not severable from) <br /> the Hueler Property,the Randall Property and the Second Dunkley Property. Directly <br /> and solely due to said three parties owning the IIueler Property, the Randall Property and <br /> the Second Dunkley Property,respectively, said three parties each own an undivided one- <br /> third interest in Lot 8 as tenants in common and, as such,they share the right to use Lot 8 <br /> pursuant to a Corrective Road and Utility Easement Agreement dated September 29, <br /> 1994, filed as Document No. 2608261 (the"Lot 8 Driveway Easement"), a copy of which <br /> is enclosed for your reference. The Lot 8 Driveway Easement provides road and utility <br /> easement rights expressly for the benefit of the Hueler Property,the Second Dunkley <br /> Property and the Randall Property. Those are the only three benefited properties. The <br /> First Dunkley Property is not a benefited property. No one has the legal right to expand <br /> the use of the driveway across Lot 8 for access to, or otherwise for the benefit of, any <br /> other property, unless all three of the owners of Lot 8 unanimously agree in writing to <br /> amend the Lot 8 Driveway Easement to permit such expanded use(subject to satisfying <br /> all additional City requirements). All three owners have not agreed to the expanded use <br /> of it and, accordingly,there is no question that the Dunkleys do not have the right to <br /> expand the use of the driveway through Lot 8 for ingress, egress or access to or from the <br /> First Dunkley Property. <br /> 2. Wrongful Expanded Use of Lot 1 Driveway <br /> As mentioned above,the driveway starts at the Kelly Avenue right-of-way and proceeds <br /> southeasterly through Lot 8. At the southeasterly boundary of Lot 8, the driveway enters <br /> the Second Dunkley Property. As to the portion of the driveway that is on the Second <br /> Dunkley Property, a separate easement agreement applies. The driveway rights for the <br /> Hueler Property and the Second Dunkley Property over and across the Second Dunkley <br /> Property are pursuant to a Driveway Easement Agreement dated June 22, 1982, filed as <br /> Document No. 1478531 (the "Lot 1 Driveway Easement"). That document establishes a <br /> shared driveway burdening the Second Dunkley Property and benefiting the Hueler <br /> Property, with the use of the driveway being shared by the owners of the Second Dunkley <br /> Property and the Hueler Property. As a jointly used driveway, the Lot 1 Driveway <br /> Easement describes the driveway rights granted to the owner of the Hueler Property as <br /> being nonexclusive, subject to the right of the owner of the Second Dunkley Property to <br /> also use said driveway for ingress and egress purposes. The Lot 1 Driveway Easement <br /> does not give either of the owners the right to expand the use of the driveway or any part <br /> of the driveway to provide ingress and egress to any other property. <br /> 3. Wrongful Modification/Relocation of Driveway <br /> Although the Lot 1 Driveway Easement allows maintenance and repair of the driveway, <br /> of course (the costs of which are to be shared 50/50 by the owner of the Hueler Property <br /> and the owner of the Second Dunkley Property), neither party is allowed to perform any <br />