HomeMy WebLinkAboutLake City-Estes Reciprocal Easement (Executed & Recorded) 06-02-152018026333 EASEMENTS $42.00
06/02/2018 03:04:02P 16 AGS
Jennifer Hayden
HAMILTON County Recorder IN
Recorded as Presented
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THIS RECIPROCAL ACCESS AND DRAINAGE EASEMENTS AND UTILITY EASEMENT
AGREEMENT (the "Agreement') is made this_(e day of Maty , 2015 by and between
Lake City Bank, a financial institution chartered under the laws of the State of Indiana ("Lake
City") and Bill Estes Realty, LLC, an Indiana limited liability company ("Estes").
Recitals
A. Lake City is the owner of a certain tract of real estate located in Hamilton County,
Indiana, which is more particularly described in Exhibit "A" (the "Lake City Parcel") attached
hereto and made a part hereof.
B. Estes is the owner of a certain tract of real estate located in Hamilton County,
Indiana which is adjacent to the Lake City Parcel and which is more particularly described in
Exhibit 9! -"the ("Estes Parcel") attached hereto and made a part hereof.
C. Estes desires to grant and Lake City desires to obtain an easement in, over,
through and across the Access Easement Area (as hereinafter defined) and a second easement in,
over, through and across the drives and roadways that fiom time to time exist (the "West Estes
Roadways") on the real estate owned by Estes that is immediately adjacent to the west of the
Lake City Parcel (the "West Estes Parcel") and which is also more particularly described in
Exhibit "B" to provide for vehicular ingress to and egress from the Lake City Parcel and Lake
City desires to grant and Estes desires to obtain an easement in, on over, through and across the
drives and roadways that from time to time exist on the Lake City Parcel (the "Lake City
Roadways") to provide for vehicular ingress to and egress from the Estes Parcel, upon the terms
and conditions of this Agreement.
D. Estes desires to grant and Lake City desires to obtain an easement in, over,
through and across the Estes Drainage and Utility Easement Area (as hereinafter defined) to
provide for (a) stormwater drainage from the Lake City Parcel, (b) utility service to the Lake
City Parcel, and (c) for the installation, maintenance, repair and replacement of stormwater and
utility facilities and equipment to be located on the Estes Parcel, upon the terms and conditions
of this Agreement. Lake City desires to grant and Estes desires to obtain an easement in, on
over, through and across the Lake City Drainage Easement Area (as hereinafter defined) to
provide for stormwater drainage from the Estes Parcel and for the installation, maintenance,
repair and replacement of stormwater facilities and equipment to be located on the Lake City
Parcel, upon the terms and conditions of this Agreement.
(094SDo
Now, THEREFORE, in consideration of the premises, the following covenants and
restrictions, and other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. GRANT OF ACCESS EASEMENTS To LAKE CITY. Estes, for itself, its successors
and assigns (hereinafter collectively"Estes") does hereby grant and convey to Lake City and its
successors and assigns (hereinafter collectively "Lake City"), for the benefit of the Lake City
Parcel: (a) a perpetual, non-exclusive easement in, on, over, under and across a portion of the
Estes Parcel, as is more particularly described and depicted in Exhibit "C" and incorporated
herein by reference (the "Access Easement Area"), for the purpose of providing vehicular
ingress to and egress from the Lake City Parcel and to provide vehicular ingress to and egress
from the private street within North American Park which provides vehicular ingress to and
egress from Michigan Road (the "Private Drive"); which may include the construction,
maintenance and repair of roadway(s) (collectively the "Road") in, on, over and across the
Access Easement Area to connect to the Private Drive; and (b) a perpetual, non-exclusive
easement in, on, over, under and across the West Estes RoadwaXs, for the purpose of providing
vehicular ingress to and egress from the Lake City Parcel and 96' Street.
Notwithstanding this grant, Lake City acknowledges and agrees that upon completion of
the construction of the new branch bank building and the Lake City Drainage Facilities (as
defined below), the Access Easement Area may not be used at any time for ingress to or egress
from the Estes Parcel by semi -tractor trailers, off-road vehicles, heavy machinery, construction
equipment or construction vehicles, excepting for the maintenance and repair of the Lake City
Drainage Facilities.
As provided for above, the access easement over the Access Easement Area will provide
Lake City with full access to and from the Private Drive. In the event that there is no longer full
access to and from the Private Drive from the extension of the east drive on the Lake City Parcel
northward across the Estes Parcel upon development of the Estes Parcel or otherwise, (e.g, the
access is restricted to a right in/right out intersection or the access is eliminated), it is understood
and agreed that the Access Easement Area will be relocated and amended: (i) in the case of a
right in/right out intersection, to provide Lake City with a second point of access to the Private
Drive which provides full access for vehicular ingress to and egress from the Lake City Parcel
(but not necessarily direct); or (ii) in the case that the access is eliminated, to provide Lake City
Bank with a new point of access to the Private Drive which provides full access for vehicular
ingress to and egress from the Lake City Parcel and such amendment of the Access Easement
Area shall provide the most direct access from the Lake City Parcel to the Private Drive as is
reasonably possible. Provided further, that Estes shall be solely responsible for the cost and
expense of the design and construction of these access road(s) of equal or greater quality to those
existing within the Access Easement Area at the time of the relocation. Estes and Lake City
shall execute an amendment to this Agreement as provided for above, in recordable form,
releasing the area of the Access Easement Area to be relocated from this Agreement and
establishing the relocated easement as the "Access Easement Area". Estes shall also have the
right to relocate and/or modify the West Estes Roadways, in its sole discretion.
2. GRANT OF ACCESS EASEMENT TO ESTES. Lake City does hereby grant and
convey to Estes and its successors and assigns (hereinafter collectively "Estes"), for the benefit
of the Estes Parcel and West Estes Parcel, a perpetual, non-exclusive easement in, on, over,
under and across the Lake City Roadways, for the purpose of providing vehicular ingress to and
egress from the Estes Parcel (including but not limited to, ingress to and egress from West 96'
Street) and the West Estes Parcel. Notwithstanding this grant, Estes acknowledges and agrees
that this access easement may not be used at any time for ingress to or egress from the Estes
Parcel or West Estes Parcel by semi -tractor trailers, off-road vehicles, heavy machinery
construction equipment or construction vehicles, excepting for the maintenance of the Lake City
3. GRANT OF DRAINAGE AND UTILITY EASEMENT TO LAKE CITY, Lake City plans
to install, construct and maintain certain stormwater drainage facilities, which include, but are
not limited to, inlets, outlets, pipes, valves, open swales, basins, bioretention areas and bioswales
(hereinafter collectively called the "Lake City Drainage Facilities") on a portion of the Lake
City Parcel and on a portion of the Estes Parcel. The parties acknowledge and agree that the
Lake City Drainage Facilities will benefit both the Lake City Parcel and a portion of the Estes
Parcel. Until such time that Estes develops the Estes Parcel and begins to utilize the Lake City
Drainage Facilities, Lake City shall bear all costs of maintenance, repair and replacement of the
Lake City Drainage Facilities. Thereafter, the parties will share the costs of maintenance, repair
and replacement of the Lake City Drainage Facilities as provided for in this Agreement. Lake
City shall design and construct the Lake City Drainage Facilities with sufficient capacity to
accommodate commercial development of a portion of the Estes Parcel, subject to the approval
of the City of Carmel, and if applicable, Hamilton County. It being acknowledged and agreed
that: the area of the Estes Parcel and of the Lake City Parcel in which the Lake City Drainage
Facilities are to be located will not be sufficient to provide adequate capacity to provide storm
and surface water drainage for the entire Estes Parcel, and (b) Lake City shall not be obligated to
expand or make any additional improvements to increase the capacity of the Lake City Drainage
Facilities to accommodate drainage of the entire Estes Parcel. Provided, however, that Estes
shall have the right to make additional improvements and/or install additional drainage facilities
to increase the capacity of the Lake City Drainage Facilities, Therefore, for purposes of this
Agreement, the portion of the Estes Parcel that can drain its storm and surface water to the Lake
City Drainage Facilities (as determined and approved by the City of Carmel and Hamilton
County, if applicable and as may be expanded by Estes as provided for herein) shall be
hereinafter referred to as the "Estes Drainage Parcel", Lake City also plans to install and
maintain utility lines, pipes and related facilities on a portion of the Estes Parcel. Estes does
hereby grant and convey to Lake City, for the benefit of the Lake City Parcel, a perpetual and
non-exclusive drainage and utility easement with the right, privilege and authority in Lake City,
at its sole cost and expense, to install, construct, maintain, repair, replace, continue and improve:
(a) the Lake City Drainage Facilities; and (b) transmission lines, utility pipes and lines, utility
service lines and related equipment, facilities and other appurtenances necessary to connect the
Lake City Parcel with utility lines, equipment, services, facilities and other utility infrastructure
(hereinafter collectively called the "Lake City Utility Facilities") in, on, under, over and across
a portion of the Estes Parcel, as is more particularly described and depicted in Exhibit "D" and
incorporated herein by reference (the "Estes Drainage and Utility Easement Area" ). Estes
acknowledges agrees that the Lake City Drainage Facilities may contain certain basins,
bioretention areas and bioswales, which include specialized plantings, that may significantly
restrict Estes' use of the Estes Drainage and Utility Easement Area. Lake City's use of the Estes
Drainage and Utility Easement Area and the exercise of the rights granted herein will be
conducted in such a manner that the Estes' use of the Estes Drainage and Utility Easement Area,
not containing the basins, bioretention areas, bioswales or open swales, and its adjacent real
estate, consistent with this Agreement, will not be unreasonably impaired. Lake City shall not
grant any other property (other than the Estes Parcel) the right to direct or divert any storm or
surface water drainage from such other property into and through the drainage improvements
constructed upon the Estes Drainage and Utility Easement Area. Except as set forth in this
Agreement, it is understood and agreed that Estes is not making and has not at any time made
any representations or warranties of any kind or character, express or implied, with respect to the
Estes Drainage and Utility Easement Area, and Lake City accepts the Estes Drainage and Utility
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Agreement, Estes assumes no obligation to make any improvements to, or to provide any
security for, the Estes Drainage and Utility Easement Area, or to ensure that the Estes Drainage
and Utility Easement Area complies with applicable laws and regulations. Lake City agrees that
all of Lake City's personal property of every kind or description which may at any time be on the
or under the Estes Drainage and Utility Easement Area shall be at Lake City's sole risk, and in
no event shall Estes be liable therefor.
4. GRANT OF DRAINAGE EASEMENT TO ESTES. Estes will have the right to utilize
and benefit from the Lake City Drainage Facilities located on the Lake City Parcel to provide
storm and surface water drainage from the Estes Drainage Parcel. Lake City does hereby grant
and convey to Estes, for the benefit of the Estes Drainage Parcel that may drain storm and
surface water to the Lake City Drainage Facilities (as determined and approved by all applicable
government agencies and bodies), a perpetual and non-exclusive drainage easement together
with the right, in the event of Lake City's failure to fulfill its obligations under Section 7 below,
to replace, maintain, repair, continue and improve the Lake City Drainage Facilities in, on,
under, over and across a portion of the Lake City Parcel, as is more particularly described and
depicted in Exhibit "E" and incorporated herein by reference (the "Lake City Drainage
Easement Area"). Provided, however, in the event that Estes elects to increase the drainage
capacity of the Lake City Drainage Facilities, Lake City does hereby grant and convey to Estes,
for the benefit of the Estes Drainage Parcel, the right to install and construct such additional
improvements and drainage facilities, as approved by the applicable governmental authorities, to
increase the drainage capacity of the Lake City Drainage Facilities. Estes' use of the Lake City
Drainage Easement Area and the exercise of the rights granted herein will be conducted in such a
manner that the Lake City's use of Lake City Drainage Easement Area, not containing the
basins, bioretention areas, bioswales or open swales, and its adjacent real estate, consistent with
this Agreement, will not be unreasonably impaired.
S. RESTORATION OF THE ACCEss EASEMENT AREA AND THE ESTES DRAINAGE
AND UTILITS' EASEMENT AREA. Excepting for the construction and installation of the Lake City
Drainage Facilities in and on the Estes Drainage and Utility Easement Area and the construction
of the Road by Lake City in and on the Access Easement Area, as described and provided for
herein, Lake City covenants that upon its exercise of the rights granted under this Agreement, it
will restore any portion of the Estes Drainage and Utility Easement Area, the Access Easement
Area and/or any adjacent real estate disturbed by its work or the exercise of its Tights or
obligations hereunder to as near the condition that existed at the time the portion was disturbed,
as is reasonably practicable.
6. RESTORATION OF THE LAKE CITY DRAINAGE EASEMENT AREA. Excepting for
any maintenance or repair work to the Lake City Drainage Facilities in and on the Lake City
Drainage Easement Area as described and provided for herein, Estes covenants that upon its
exercise of the rights granted under this Agreement, it will restore any portion of the Lake City
Drainage Easement Area and/or any adjacent real estate disturbed by its work or the exercise of
its rights or obligations hereunder to as near the condition that existed at the time the portion was
disturbed, as is reasonably practicable.
CONSTRUCTION AND MAINTENANCE.
A. In the event that Lake City elects to build the Road on, over and across the Access
"Plans'). Lake City shall be solely responsible for the cost of design and construction (including,
without limitation, the relocation of any utility lines and all permit fees) of the Road. Lake City
shall construct the Road (i) in accordance with the Plans, (ii) in accordance with the plans and
specifications approved by local authorities, (iii) in a good and workmanlike manner in
accordance with good construction practices, and (iv) in accordance with all applicable laws,
ordinances, rules and regulations.
B. Until such time that Estes develops the Estes Parcel, Lake City will keep and
maintain the Road in good order, repair and condition at all times and will promptly make any
and all repairs and replacements which may be necessary in order to keep the Road in a good,
clean and safe condition. After development of the Estes Parcel such that the owner of the Estes
Parcel utilizes the Road for ingress and egress, then (i) Estes will keep and maintain the Road in
good order, repair and condition at all times and will promptly make any and all repairs and
replacements which may be necessary in order to keep the Road in a good, clean and safe
condition, and (ii) Estes and Lake City shall share the cost of such maintenance equally. Lake
City shall reimburse Estes for its share of such maintenance expenses within thirty (30) days of
receipt of an invoice from Estes setting forth the costs incurred. Except for times of
maintenance, Estes will keep the Access Easement Area free from any obstructions that interfere
with the rights of ingress and egress granted to Lake City by this Agreement. Estes will
maintain, repair and replace the West Estes Roadways in a good, safe and clean condition at all
times at its sole cost and expense. Except for times of maintenance and repair, Estes will keep
the West Estes Roadways free from any obstructions that interfere with the rights of ingress and
egress granted to Lake City by this Agreement.
C. Lake City will keep and maintain the Lake City Roadways in good order, repair
and condition at all times and will promptly make any and all repairs and replacements which
may be necessary in order to keep the Lake City Roadways in a good, safe and clean condition at
all times at its sole cost and expense. Except for times of maintenance and repair, Lake City will
keep the Lake City Roadways free from any obstructions that interfere with the rights of ingress
and egress granted to Estes by this Agreement.
D. Lake City will design, construct and install the Lake City Drainage Facilities and
will be responsible for the maintenance, repair, reconstruction and replacement of the Lake City
Drainage Facilities, including without limitation, the maintenance of all basins, bioretention
areas, bioswales, and open swales in a safe, clean, healthy and attractive condition at all times,
which will include, but is not limited to, to cutting, pruning and replacing all plantings and
landscaping. Lake City shall be solely responsible for the costs of the design, construction
(including, without limitation, the relocation of any utility lines and all permit fees), installation,
maintenance, repair, reconstruction and replacement of the Lake City Drainage Facilities (the
"Drainage Facilities Costs"). Upon the development of the Estes Parcel and in the event that
Estes elects and is permitted by the applicable governmental authorities to utilize all or a portion
of the Estes Drainage Parcel for storm and surface water drainage to the Lake City Drainage
Facilities, Estes shall pay its proportionate share of the Drainage Facilities Costs for the portion
of the Estes Drainage Parcel being benefitted. Estes will reimburse Lake City for its
proportionate share of the Drainage Facilities Costs within ten (10) business days of receipt of an
invoice from Lake City setting forth the costs incurred. Lake City shall construct the Lake City
Drainage Facilities (i) in accordance with the plans and specifications approved by the applicable
local authorities, (ii) in a good and workmanlike manner in accordance with Rood construction
practices, (iii) in accordance with all applicable laws, ordinances, rules and regulations, with
sufficient capacity to accommodate commercial development of the Estes Drainage Parcel, and
(iv) within one hundred eighty (180) days of the date of this Agreement. Lake City shall provide
to Estes a copy of all plans and drawings of the Lake City Drainage Facilities approved by the
City of Carmel engineering department, at no cost to Estes.
8. PERMITS AND APPROVALS. Any party exercising its rights or obligations
hereunder will obtain all necessary permits and approvals for the construction and installation of
any equipment and facilities prior to commencing construction,
9. MECHANIC'S LIENS.
A. Lake City agrees to promptly discharge (or cause to be discharged) any
mechanic's or materialmen's liens asserted against the real estate constituting the Access
Easement Area, the Estes Drainage and Utility Easement Area or any of the Estes Parcel or West
Estes Parcel that arise out of or in connection with: (i) Lake City's construction of the Road, use
of the Access Easement Area and use of the West Estes Roadways; (ii) the construction,
installation or maintenance of the Lake City Drainage Facilities and of the Lake City Utility
Facilities and the use of the Estes Drainage and Utility Easement Area; or (c) the exercise of
Lake City's rights under this Agreement.
B. Estes agrees to promptly discharge (or cause to be discharged) any mechanic's or
materialmen's liens asserted against the real estate constituting the Lake City Roadways, the
Lake City Drainage Easement Area or any of the Lake City Parcel that arise out of or in
connection with: (i) Estes' use of the Lake City Roadways; (ii) the installation or maintenance of
the Lake City Drainage Facilities and the use of the Lake City Drainage Easement Area by Estes;
or (c) the exercise of Estes' rights under this Agreement.
10. USE OF ACCESS EASEMENT AREA AND ESTES DRAINAGE AND 'UTILITY
EASEMENT AREA. Estes reserves the right to use the Access Easement Area and Estes Drainage
and Utility Easement Area for any purpose and in such manner which will not interfere with the
rights and privileges granted to Lake City by this Agreement nor violate the approved plans of or
governmental regulations governing the Lake City Drainage Facilities. Lake City's use of the
Access Easement Area and the Estes Drainage and Utility Easement Area and the exercise of the
rights granted herein will be conducted in such a manner that the Estes' use of the Access
Easement Area and the Estes Drainage and Utility Easement Area, consistent with this
Agreement, will not be unreasonably impaired.
11. USE OF LAKE CITY ROADWAYS AND LAKE CITY DRAINAGE EASEMENT AREA.
Lake City reserves the right to use the Lake City Roadways and Lake City Drainage Easement
Area for any purpose and in such manner which will not interfere with the rights and privileges
granted to Estes by this Agreement. Estes' use of the Lake City Roadways and the Lake City
Drainage Easement Area and the exercise of the rights granted herein will be conducted in such a
manner that the Lake City's use of the Lake City Roadways and the Lake City Drainage
Easement Area, consistent with this Agreement, will not be unreasonably impaired.
12. INGRESS, EGRESS AND SUPPORTING RIGHTS. Estes hereby grants Lake City the
following additional rights and privileges. (a) temporary ingress and egress to and from the Estes
Drainage and Utility Easement Area from the Estes Parcel for necessary maintenance, repair and
reasonably necessary for the full enjoyment of the easements granted under this Agreement.
Lake City hereby grants Estes the following additional rights and privileges: (c) temporary
ingress and egress to and from the Lake City Drainage Easement Area from the Lake City Parcel
for necessary maintenance, repair and replacement of the Drainage Facilities at any time and
from time to time; and (d) to do any act reasonably necessary for the full enjoyment of the
easements granted under this Agreement.
13. INDEMNIFICATION. Lake City and Estes agree to indemnify, defend and hold one
another harmless from and against any and all liability, loss, claims, damages, penalties, fines,
costs and expenses; including, but not limited to, reasonable attorney fees and expenses, and for
any and all injury to persons or damage to property, arising from or out of a breach of any
covenant, duty or obligation under this Agreement and/or the negligence or willful acts or
omissions, of a party, its officers, employees, agents, licensees or invitees except to the extent
caused by the negligent or willful acts or omissions of the indemnified party or its officers,
employees, agents, licensees or invitees.
14. INSURANCE. Lake City and Estes each agree to maintain comprehensive
commercial general liability insurance in commercially reasonable amounts, insuring against any
and all claims for bodily injury, death and/or property damage occurring on, in or about their
respective properties as a result of the exercise of the rights granted and reserved in this
Agreement.
15. COVENANT OF TITLE AND AUTHORITY.
A. Estes hereby covenants that it is the owner in fee simple of said Access Easement
Area and the Estes Drainage and Utility Easement Area and has all rights necessary to grant and
convey the foregoing easements. The undersigned person executing this Agreement on behalf of
Estes represents and certifies that he/she is an authorized representative of Estes and has been
fully empowered, and all necessary action has been taking, to execute and deliver this
Agreement.
B. Lake City hereby covenants that it is the owner in fee simple of said Lake City
Roadways and the Lake City Drainage Easement Area and has all rights necessary to grant and
convey the foregoing easements. The undersigned person executing this Agreement on behalf of
Lake City represents and certifies that he/she is an authorized representative of Lake City and
has been fully empowered, and all necessary action has been taking, to execute and deliver this
Agreement.
Id. COVENANTS To RUN WITH THE LAND. The grants, covenants, obligations,
benefits and burdens created by this Agreement will run with the real estate burdened and/or
benefited hereby, as the case may be, and will apply to and be binding upon and inure to the
benefit of the Estes Parcel, the Lake City Parcel and the respective heirs, successors and assigns
of the parties under this Agreement.
17. SEVERABILITY. The illegality, invalidity or unenforceability under law of any
covenant, restriction, condition or other provision of this Agreement will not impair or affect in
any manner the validity, enforceability or effect of the remaining provisions of this Agreement.
l$. APPLICABLE LAW. This Agreement will, in all respects, be governed, construed,
applied and enforced in accordance with the laws of the State of Indiana.
19. ENFORCEMENT AND ATTORNEY FEES. Any breach of the obligations set forth in
this Agreement will constitute a default of this Agreement and the non -breaching party will be
permitted to pursue all remedies available at law or in equity. In the event that it is necessary for
either party to retain an attorney to enforce the obligations of the other party hereunder, the
prevailing party will be entitled to recover from the other party all reasonable attorney fees and
expenses in connection therewith. The "prevailing party" will mean the party who receives
substantially the relief sought by said party, whether by final, non -appealable order, dismissal or
settlement, including mediation.
20. MODIFICATION. The terms, covenants, conditions and provisions of this
Agreement may not be terminated, modified, rescinded or amended in whole or in part without
the prior written consent of the parties hereto. This Agreement may not be modified or amended,
except pursuant to a written agreement in recordable form executed by the appropriate parties in
interest.
21. No DEDICATION. This Agreement is not intended, and will not be construed to
create a gift or dedicate any portion of any of the real estate described herein to the general
public or grant to the general public any rights whatsoever except as specifically stated herein.
22. HEADINGS AND COUNTERPARTs. The paragraph headings are included only for
convenience and will not be construed to modify or affect the covenants, terms or provisions of
any paragraph herein. This Agreement may be executed in multiple counterparts, each of which,
when taken together, will constitute an original.
23. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and
agreement between the parties and supersedes all prior agreements (whether written or oral),
representations and understandings of the parties relating to the subject matter of this Agreement.
No representations have been made to induce the other party to enter into this Agreement except
as expressly set forth herein.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
LAKE CITY BANK,
a financial institution chartered under the laws of the State of Indiana
02
I(E0rn3 �• Qt*c/�ROcRf7'
Printed Signature
Title: F't*
STATE OF INDIANA )
SS:
COUNTY OF RAMlLTOnI )
Before me, a Notary Public in and for said county and state, personally appeared
61tM the F_Leit.lw &jT,zjde*1of Lake City Bank, who being
first duly sworn by me upon his/her oath, acknowledged that the statements or representations
contained herein are true, and acknowledged the execution of the foregoing Agreement for and
on behalf of the aforesaid Bank.
Witness my hand and Notarial Sea] this day of 20I5.
NOTARY PUBLIC
My Commission Expires: My County of Residence:
3or 2vi5 amt 14n,,
BILL ESTES REALTY, LLC
an Ltdi li ted li itity company
By:
Printed Signature
Title:��°
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said county and state, personally appeared
lid . P� . is s'f c s„ �, who being first duly sworn by me upon his oath, stated that he/she is
the Pf��S. of Bill Estes Realty, LLC, he is duly authorized to execute the foregoing
Agreement on its behalf, acknowledged that the statements or representations contained herein
are true, and acknowledged the execution of the foregoing Agreement for and on behalf of said
limited liability company.
Witness my hand and Notarial Seal this all day of 1'�1 Qom, 2015.
�, a••n*�E RETT
Note fi Aub Ili NSB to of Indiana
NOTARY PUBLIC
�: N°innr';yE Hamilton County
c Commission A 651909
70 �'p pNP`p` MY Commission Expires
March 16, 2022 �"i'lann La X
Printed: "Sho
( D (1 g (3 0jj> -
My Commission Expires: My County of Residence:
0-16..'9099 NQrni 1--3n
This instrument was prepared by Paul G. Reis, Attorney -at -Law, Krieg DeVault LLP, 12800 N.
Meridian Street, Suite 300, Carmel, Indiana 46032.
I hereby affirm, under penalties for perjury, that I have taken reasonable care to redact each
Social Security number in this document, unless required by law.
Paul G. Reis
KD_7295504_2.doex
10
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43 mhutM 02 eeemds East 4506 1wt to the oath rhe of imd detailed M Msbwnat j%09e09553 reseeded W sell fl.da'. Me;
thence Nath 69 degm 05 mkatn 27 areal, East 0.97 feet to the twU.esthly his of ¢S 421 (MR51goe Road) ore dsabed h a
Waronty Dud to the SIA, W Indtmo, r",kd M Mebummt /200100027380 M sold Rworde s Office the foie in lour (4) eonsea as
aleeg the ewUrnlety IMw M U.S 421 and the oabady fines of Wwt 96U Street (1) We 21 degmw 45 m9,Net 00 oeamde Em1
Me last (2) SnM 12 d,glwe 12 meed" 19 utak Went 27.10 W to fin swtthaly the at Weed 96th SueeR (1) Swim s3 dwees
23 InW et W Wood, WW 2822 fee! (4) $ou@ 68 degrees 10 mfnules 16 weds shot I80.52 feat to the Pohl of Begm4
CantelnM9 A919 aced more W loss
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Regstered Lend See ni)er ¢20200002 g2S,. � itis document,ll unlem regWred by PoW,
May 13, 2015 sTdre an, gaud6 LL OaiBm
NIAMn Q
SW Sheet I of I
FIle: T:/,k//3502/005/69e/3502005Edrg SRR 5/13/2015
A-1
EXHIBIT B
ESTES PARCEL
LMD DEMIfON
(tea Ported)
A pat of lot numbered 3 n North American Pad; as per plat thereof recorded as instrument Number 8926488 in Fiat
CA5'oet 1, Slide 68 he the Office of the Recorder of Hamilton County, Indlona, and pat of the South Halt of Section 7,
Townshin 17 North. Ranee 7 Fnef In add Nmmifm r mtu h.F — ,,,..swd...l„ ,e w, ..., Toru....
C01dMONG at the Southwest Caner of the Southeast Oumter of said Section; thence N" 88 degrees 56 minutes
O5 sacands East (assumed bearing) long the South Foe thereof a distaro, of 273.49 feel; thence North 01 degree 03
minutes 56 seconds West a dMtalco of 159.56 feet to a pont an the south line of sold tat numbered 3 and the POM'
OF OEf,MG, the Waving sem (7) courses being along the south, west and northerly lines of said Lot numbered 3;
(I) South 86 degrees 36 mhutos 04 seconds wast a distance of 27G.97 feet to the sathiest comer thereof; (2)
Nor h 20 degrwes 36 minutes 05 seconds West a distance of 402.69 feet (3) North 76 degrees 20 minutes 18 seconds
East a distance of 280.07 feet,, (4) North 17 degrees 43 mhiutes 37 seconds East a distance of 19.73 test (5) NMN
77 degrees 57 minutes 23 seconds East a distance of 2&19 feet; (6) Nath it degrees 21 minutes 22 seconds West a
610" of 22.09 feet (7) North 74 degrees 25 minutes 13 seconds East a distance of 190.30 feet to the
southwesterly right-of-woy line of U.S 421 (Hkhigan Rood) m demined in a Wmra ty deed to the State of Indiana,
recorded as Instrument No. 2001066816 in sold Recordes Office; thence South 18 degrees 42 minutes 26 seconds Eae
along $OW right -al -MY line o Mance of 145.18 feet; thence South 71 degrees 16 minutes 02 seconds West a
oistaw of 214,28 feet; thence South 19 degrees 01 minute 17 seconds East a dM once of 37.35 feet to the south fin,
of aforesaid lot 1 thence South 86 degrees 36 minutes 04 seconds West o distance of 33.93 feet to the point of
beginning, containing 7D,353 square feet, 1.61 was, mora or I=
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Steven W. Reeme
Registered Lad Surveyor/20400005
may 5, 2015
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I afem, undo the pendties for papy,
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this dacanwt. urdess required by law.
Stere Reems
Sheet i of 1
Fie: 7f/3k/3502/005/dwgs/1%2DD5Fdwg SRR 5/6/2015
0
EXHIBIT B
WEST ESTES PARCEL
s
WEST ES'faaPAPCEC—Ma
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Commencing at a point on the south line of said quarter section being North 88 degrees 56 minutes 05 seconds East (assumed
bearing) 673,49 feet from the southwest comer thereof, said point being the intersection of said south line with the existing
centerline of Michigan Road; thence North 20 degrees 41 minutes 53 seconds West along said centedine, 180.55 feet measured
(179.80 feet deed); thence South 87 degrees 00 minutes 50 seconds West 339.53 feet measured (South 88 degrees 56 minutes
05 seconds West 340 feet dead) to the point of beginning of this description; thence continue South 87 degrees 00 minutes 50
seconds West, 269.70 feet measured (South 88 degrees 56 minutes 05 seconds West 269.70 deed); thence South 20 degrees
41 minutes 53 seconds East, parallel with said centerline, 95 feet (deed and measured); thence North 88 degrees 56 minutes 05
seconds East, parallel with the south line of quarter section, 35.17 feet measured (41.58 feet deed) thence South 20 degrees 41
minutes 53 seconds East, parallel with said centerline, 63.87 feet measured (50.16 feet deed) to said south line; thence North 88
degrees 56 minutes 05 seconds East along said south line 181 feet (deed and measured); thence North 1 degrees 03 minutes
55 seconds West, 158,67 feet measured (159.60 feet deed) to the paint of beginning.
EXCEPTING THEREFROM; A part of the Southeast quarter of Section 7, Township 17 North, Range 3 East, Hamilton County,
Indiana and being that part of the Owner's land lying within the right of way lines depicted on the allached right of way parcel plat
of Parcel 94, described as follows:
Commencing at the southwest corner of said quarter section, also being Point #44 designated on said plat; thence North 88
degrees 55 minutes 51 seconds East 83.360 meters (273.49 feet) along the south line of said quarter section to the southeast
comer of the Owner's land; thence North 1 degree 04 minutes 09 seconds West 13.402 meters (43.97 feet) along the east line of
the Owner's land to the north boundary of West 961h Street and the point of beginning of this description; thence South 84
degrees 59 minutes 09 seconds West 39.743 meters (130.39 feet) along the boundary of said West 9600, Street; thence South 74
degrees 53 minutes 41 seconds West 12,567 meters (41.23 feel) along said boundary; thence South 88 degrees 55 minutes 51
seconds West 6.047 meters (19.84 feet) along said boundary to the western line of the Owner's land; thence North 20 degrees
42 minutes 07 seconds West 6.930 meters (22.74 feet) along said western line; thence North 86 degrees 10 minutes 01 seconds
East 60.221 meters (197.58 feet) to the east line of the Owner's land; thence South 1 degree 04 minutes 09 seconds East 1.548
meters (5.08 feet) along said east line to the point of beginning and containing 0,0216 hectares (0.053 acres), more or less,
M
EXHIBIT C
Access Easement Area
LANG OES081PIION
(Access Easement Area)
A part of Lot numbered 3 in North American Park, as per plat thereat reoxded as hstramenl Number 8926486 in Plat
Cabinet 1` Slide 69 In the Office of the Recorder of Hamilton County, Indiana, located in the Southeast Quarter of Section
COMMENCING of the Soull Corner of the southeast Quarter of mid Section; thence Nath 88 degrees 56 minutes 05
Woods East (assumed hearing) along the South line thereof a distance of 273.49 feet; thence North 01 degree 03
minutes 56 seconds West o distance of 159.56 feet to the northeast comer of a tract of land described In a Warranty
Deed recorded as Instrument No. 200E-069530 M said Recader's Office and a point m the south line of the aforesaid
Lot numbered 3 and the POINT OF DEGINNINQ thence South 86 degrees 36 minutes 04 seconds West along said south
line a distance of 10.47 feet; thence Nath 18 degrees 36 minutes 53 seconds West a distance of 38.93 feet; thence
North 71 degrees 09 minutes 17 seconds East a distance at 168.51 feet; thence North 18 degrees 42 minutes 26
seconds West a distance of 136.40 feet to a point a9 the northerly fere of said Lot numbered 3; thence Nath 74
degrees 25 minutes 13 seconds East along said northerly [me a distance of 33.05 feel; thence South 18 degrees 42
mantes 26 seconds East a distance of 148.23 feek thence South 71 degrees 16 minutes 02 seconds West a distance of
158.96 feet; thence South 19 degrees 01 minute 17 seconds East a dhlaco of 37.36 feel to the south line of aforesaid
Lot numbered 3; Ounce South 86 degrees 36 minutes 04 secands West cling said south the a distance of 33.93 feet
to the point of beginning, containing 8,538 square feet, more of less.
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Lt S65'36'04`W - 10.47'
L2 RIIIQ6'67Y1' - 3893'
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Stem W, Reeves
Registered Land Surveyor F20400005
May 18, 2015
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I oNirm, under the penalties for per)ury
that I twee taker reasmobte care to
redact each Social Security numbs in
this document, unless required by low.
$leve Reeves
Sheet 1 of 1
SWR 5/6/2015 rev 5/18/2015
EX1i1BIT D
Estes Drainage and Utility Easement Area
LAND DEWITOY
(Estes Ordnage and UtlNy Easement Area)
of tot numbered 3
per plat thereof recorded as
more partlMaay deserted as
Plat
COMM LING at the Southwest Corner of the Southeast Ouster of said 5ectica Usmco North 88 deyron 56 minutes
05 moonde East (assumed bearing) along the South the 8nerml a dlslance of 273.49 feet; thence North 01 degree 03
mWrtes 55 seconds West a distance of 159.56 feet to fine northeast caner of a tract of land deserted Is a Warranty
Deed recorded as ins6mnent No. 2006-069550 in said Recorder's Office and a pont an the aforesaid Lot numbered 3,
the fdluwhg saver (7) courses behg along the south, west and northerly (nes of said Lot numbered 3; (1) South 86
degrees 36 mlootes 04 woods West a distance of 270.97 feet to the southwest comer thereof; (2) North 20 degrees
36 mimdes 05 seconds West o &tance of 10269 feet; (3) North 78 degrees 20 minutes 18 seconds East o dhiance
of 280.07 feet; (4) Nath 17 degrees 43 minutes 37 secands East a distance of 19.73 feet; (5) North 77 degrees 57
minutes 23 seconds East a distance of 2&19 feet-, (6) Nath It degrees 21 minutes 22 secands West a distance of
22.09 feet; (7) Nath 74 degrees 25 minutes 13 mcands East a dlefunm of 133.35 feet to the KINT OF BMIN1t91G:
thence conihubig Nath 74 degrees 25 minutes 13 seconds East along sold northerly the a distmee at 56.95 feet to
the southwesterly right-of-way pre of U.S. 421 (MRhlgan Road) as desalted h a Warranty deed to the State of
Indiana, recorded w Instrument No. 2004066816 In said Recorder's Ofte; thence South 16 degrees 42 minutes 26
seconds had dong sold dght-of-way pone o distance of 145.18 feel; thence South 71 degrees 16 minutes 02 seconds
West a distance of 70.51 feet; thence Nath 19 degrees 25 minutes 27 seconds West a distance of 3839 feet; thence
North 70 degrees 34 minutes 33 seconds East a dwimce of 1550 lest; thence North 19 degrees 25 mhmtn 27
seconds West d distance of 109.75 feet to the pont of beginning, containing 8,804 square feet, more or less
yI1
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sle,nan W. Reeves
Registered Lead Surveyor #20400W5
May 5, 2015
I offbm, under the perndtles fa perjury,
that I have token reasonable care to
redact ouch Social Security number los this
document, unless rryubed by taw, Stow
Reeves
Sheet 1 of 1
Fie: L/3k/3502/0D5/dwgs/3502W5Edwg SWR 5/6/2015
M
EXHIBIT E
Lace City Drainage Easement Area
LARD DESCRIPTION
(Labe CRy Oramoge Easernent Area)
A part at Lot numbered 3 In Nath Americo Pack as pa plat thereof retarded as Instnaneet Number 6926488 in Plot
Cabinet 1, Slide 69 in the Office of the Recorder of Nam9lon Canty. Indiana and mart of the South xt awwt. are
w..,n. „ , ,. , nu„yw , caar m ems nametm vvvmy, omit more paruCmany aesaaoa as fouawS
CONNENCNO at the Southwest Comer of the Southeast Coater of sold Section; thence North 68 degreea 56 minutes 05
seconds East (assumed hearing) along the South rm thereof a dintonce of 340.10 feet; Vence Roth 01 degree 03
minutes 55 aecoods West a distance of 60.000 feet thence North 19 degrees 01 minute 17 seconds West a distance of
&54 feet to the PONT CF BEGINIC ; thence North 19 degrees 01 minute 17 seconds West a distance of 134.93 feet
thence Nath 71 degrees t6 minutes 02 seconds East o distance of 15.52 feet thence South 21 degrees 53 minutes 14
seconds East a distance of 110.27 feet thence North 88 degrees 57 males 10 seconds Cot a distance of 119.55 feet
thence North C8 degrees 13 minutes 41 seconds West 0 Wants of 131.55 feet thence North 19 degrees 25 minutes 27
seconds West a distance of 17.08 feet thence North 71 degree 16 minutes 02 seconds East a distance of 55.01 feet to
the southwesterly right-of-way time of U.S. 421 (Nldligm Road) as described In a Warranty deed to the State of Indiona,
recorded as Instrument No. 2004066815 In mid Retarders Oft thence South 18 degrees 42 minutes 26 seconds East
along sold right-of-way line a distance of 47.74 feet; thence continuing along said southwesterly IM. South 21 degrees
43 m'nutes 02 seconds East a distance of 49.06 feet; thence North 89 degrees 05 mhwtes 27 seconds East a distance
of 0.97 feet to the south Me of sok Lot numbered 3 and a point an the southwesterly rl9hfrof-way line of U.S 421 as
described In a Warranty Heed to the State of Indian, tecaded as Inshument No. 200100027396 in sok Reader's Office,
the foRmdng three (3) courses being along said Nght-orf-Way, (1) South 21 deg m 45 minutes 00 secants East a
Instance of 80.00 feet (2) South 12 degrees 12 minutes 19 seconds West a distace of 27.10 feet (3) South 53 degrees
23 minules 49 seconds West a distance of 1.45 feet thence South 86 degrees 57 minutes 10 words West o Maros of
216.17 feet to the point of beginning, containing 19,747 square feet, 0.45 was. more cr I=
LIE TAME
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L2 NIM2N-17.05'
L3 NRY6'OQ'E - 5W
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Steven W, Reeves
Registered Lod Surveyor /20400005
May 5, 2015
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�w W wRf 1 affirm, under theenalties for er'
that I have taken reasmoble care to
No.\� redact each Sack) Security number in
LS20400006 1 this docament, unless required by law.
9 .ere Or J Steve Reeves
Sheet 1 of 1
Fie, T./3k/3502/005/dwgs/350200.5E.dwg SWR 5/6/2015
E -i
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�w W wRf 1 affirm, under theenalties for er'
that I have taken reasmoble care to
No.\� redact each Sack) Security number in
LS20400006 1 this docament, unless required by law.
9 .ere Or J Steve Reeves
Sheet 1 of 1
Fie, T./3k/3502/005/dwgs/350200.5E.dwg SWR 5/6/2015
E -i