HomeMy WebLinkAboutAccess EasementFDS
2023016632 EASE $25.00
05/09/2023 11:47:59AM 9 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
I III I I II I I IIII IIII II II IIII IIII IIII IIII III III II I IIII
[Tile CACMGnt9 cleatedoder encumber real property that is loeaeed within a platted subdivision
reenrdod 44 htstZ".Cl.l�lo2I04 0950.Pt 4 91ida 264 recorded on March 9, 2007, as comoctcd by
Certomm v£ Correction tewrclQ Febnwy.27, 2019,:as fnstrument.humbor 2019006910; bdtb ift Ahe
Mce of the Renardetofli tt iitoa;County,.f40iaiuLj
4,1 4. r3v3
DEC`)Lu kAi'ION AND !�RA NT 0
RECIPROCAL ACCESS EASEMENT
BUNWICK. ` -ND COMIWi(: N l7ES., LLC, an Indiana .limited .liabdity..company
{'IiecI,arurat"), hereby' makes tlic fbaowing declaration and establishes and creates
easement ruts on the f9llowing tcrmg.
1.0 Subiect %la[tter of Dednratibo. Declarant is the owner of the'fee simple
title to the real' estate, in Hamilton County, Indiana dmribexl in Exhibit A
(the "East Lot) and. Exhibit: B- (tbe "West I,W) attached herelb and
incorporated herein (eatdh a "Lot" and'together, dw "flits"). Declarant
desims to .establish access easements VAth .respect -to access io and front
and across the, Lots.
2.0 Access Easemeats. Declarant declarers • establishes, creates nod grants (i)
to the fee, owners .f otn time- to- time of the: East tot -and. the West Lot,
respectively (edch an. "6wngr"), and to their respective tcpm entotives,
agents, tenants, subtenants., customers, suppliers_ emp(oyees- livensees and
-invitees; and. the heirs, grantees, successors and assigns of eaLah of the
foiegoiitg, for. the benefit of thekmsperctive lot% and.(H). to.the Village of
WestC.lay Owners Association, Inc. ("Corporation"), -mild their respective
members, hivitees; agents; suppliers; employees ond licensees; perpetual;
nonexclusive surface access eascments'for yebielcs'and. pedestrians over
and across:
The real estate desetib d on )3xhm�` 't_C• as the "25 Foot Access E? sement"
anA_depicted an &Wbit. G (tile "Access Entry`) wiue:ll is hxa[ed in part on -
the East Lot anmi.'it► part on the West Lot and is for the purpose of
providing a=&% to and groin each Lot and fiarleston.St ut
2J. ConsOuction of DE' on Access Entry, Within one year fmm the
earlier of the date of this instrument or the first conveyance of title frow
Declarant to an -Owner of the East Lot, the Owner of the East. Loft stall; at
its cost, construct in a good -and wot'lunanlilce rummer and in accordance
with apglicahie. laws, codes,.ordinanecs and rcgula ons, an access drive
on the.'25 F'o4.t Access Easement de-wAbed. on attached Exhibit G i4
accordance with drawings and specifications: which are approved by the
PRA Revtenv Hoard of the Corporation.
90et9239-2
[The easements created hereunder encumber real property that is located within a platted subdivision
recorded as Instrument No, -1007013950 PC 4 Slide 264 recorded on March 9, 2007. as corrected by
Certificate of Correction recorded February 27, 2019, as, Instrument Number 2019006936, both in the
Office of the Recorder of Hamilton Counry, Indiana.]
4.14.230
DECLARATION AND GRANT OF
RECIPROCAL ACCESS EASEMENT
BRENWICK TINID COMMUNITIES. LLC, an Indiana Iiinited. liabiliqLOMpany
C.Declarant"), hereby makes the following declaration and establishes and creates
easement rights on the following terms:
1.0 Subiect Matter of Declaration. Declarant is the owner of the fee simple
title to the real estate in Hamilton County, Indiana described in Exhibit A
I -
(the "East Lot) and Exhibit B (flie "West Lot") attached hereto and
incorporated herein (each a "Lot" and together, the "Lots"). Declarant
desires to establish access easements with respect to access to and from
and across the Lots.
2.0 Access Easements. Declarant declares, establishes, creates and grants (i)
to the fee owners from time to time of the East Lot and the West Lot,
respectively (each an "OC iner"), and to their respective representatives,
agents, tenants. subtenants, customers, suppliers. employees, licensees and
invitees, and the heirs. grantees, successors and assigns of each of the
foregoing for the benefit of their respective Lot, and (ii) to the Village of
WestClay Owners Association, Inc. ("Corporation"), and their respective
members, invitees, agents, suppliers, employees and licensees, perpetual,,
nonexclusive surface access easements for vehicles and pedestrians over
and across:
-17he real estate described on Exhibit C as the "25 Foot Access Easement"
and depicted on Exhibit C (the ",�kcess.Entry I') which is located in part on
the East Lot and in part on the West Lot and is for the purpose of
providing access to and from each Lot and Harleston Street
2.1 Construction of Drives on Access Entrv. Within one year from the
earlier of the date of this instrument or the first conveyance of title from
Declarant to an ONNner of the East Lot, the Owner of the East Lot shall, at
its cost, construct in a good and workinarilike manner and in accordance
with applicable laws. codes, ordinances and regulations, an access drive
on the 25 Foot Access Easement described on attached Exhibit C in
accordance with di-awings and specifications which are approved by the
PIA Review Board of the Corporation.
90119239v'-
If the Owner of the East Lot faits to perform its obligations within the time
and manner provided in this paragraph 2.1, such obligation may be
performed by the (Owner of the West Lot or by the Corporation. and the
cost thereof, including costs and expenses of collection, including
reasonable attorney's fees, together with interest at. the Default Rate (as
defined in paragraph 7 below) shall be a delft of such Owner of the East
Lot and shall be secured by a lien in favor of the paying party against the
East Lot.
2,2 Maintenance and Repair by Corporation of the Access Entry.
I'he owners of the East Lot and the West Lot effective after the first
conveyance of title from Declarant to an Owner of the East Lot hereby
designates the Corporation as its agent and agrees that the Corporation
shall provide, at such Owner's cost (5o% Of the total cost to the Owner of
the Last Lot and 50% of the total cost to the Owner of the West Lot). of
maintenance, repair, servicing. improvement and replacement (collectively
called ",Afoi tenance Service's") of the hard surface, curbing and other
appurtenances constructed on the Access Entry. The Owners of the East
Lot and the West Lot with respect to the cost of Maintenance Services will
make the payment for which it is responsible to the Corporation within ten
(10) days of demand. if an Owner shall fail to pay a sum when due to the
Corporation under this instrument, the Corporation shall have all of the
rights and remedies provided for in the. Declaration of Covenants and
Restrictions for the Village of WestClay recorded in the Office of the
Recorder of Hamilton County, Indiana. as Instrument No. 199909946964.
as amended (the-Decturalion") for a party who fails to pay the General
Assessment.
2. -3 Maintenance by Lot Owners. l l the Corporation at any time elects to
cease providing the Maintenance Services, then the Owner of the East Lot
shall be responsible for providing the Maintenance Services, and each of
the Owners of the East Lot and the West Lot shall pay 50% of the
reasonable cost thereof. If an Owner fails to perform its obligations under
this paragraph 13, such obligation may be performed by the other Owner
or by the Corporation, and the cost thereof_ including costs and expenses
of collection.. including reasonable attorneys fees_ together with interest at
the Default Rate shall be a debt of such Owner who fails to perform and
shall he secured by a licii against the rton-perforrninu party's Lot.
'.4 Construction Traffic and. Excessive Lase, It is not intended that
construction traffic shall travel regularly or frequently on, over and across
the Access Entry. However, in the event it becomes i'vecessavy to route
constructions traffic over the Access Entn', the party so using the Access
Entry shall repair and pay the cost of repair of all damage to the
improvements on the Access Entry, including to the hard surface, curbing
7
9011 S)219V 2
and other appurtenances on the Access Entry on account of such use.
Further, if an Owner or its Invitees or licensees causes excess wear and
tear to the improvements on the Access Entry, including without
firnitation, to the hard surface, curbing and other appurtenances on the
Access Entry on account of disproportionate use or excessive truck traffic
or excessive loads, that Owner shall promptly perform and pay the costs of
repairing such excess wear and tear or damage.
1.5 Use of Access Entry.
2 The Access Entry may not be used for parking or
,
for any other purpose, other than access to and from each Lot. Each
Owner of a Lot resel-ves the right to close off the Access Entry on such
Owner's Lot for a brief, temporary period and only to the minimum extent
needed in connection with (i) any necessary repairs to the Access Entry,
and (ii) installation or maintenance of utility lines across and under the
Access Entry.
No owner of the real estate on which an Access Entry is located ,;hall
construct or place or permit to be constructed any -structure of obstruction
which would limit or restrict or impair ingress and egress over and across
the Access Entry for longer than a brief. temporary period for good cause
and only to the minimum extent needed.
3.0 General.
3.1 Real Estate Taxes/Assessments. Each Owner from tine to time of the
East Lot and the West Lot shall be and remain responsible for all real
estate taxes and assessments as to its Lot and shall pay such taxes and
assessments in a timely manner before becoming delinquent. Any
delinquency by one Owner may be paid by the other Oxner. If the
delinquent party falls to repay a paying parry within fifteen (1 55) days after
notice, , (1) said amount paid shall become immediately due and payable,
including costs and expense of colleetion, including reasonable attorney's
flees, to the paying party and bearing interest at two percent above the
national prime rate as reported in the Wall Street Journal, and as such rate
floats from time to time (the "Deft cult Rate"), and (11) the paying party
shall be entitled to a lien against the delinquent party-'s Lot to secure
payment of said amounts owed.
3.2 Default and Remedies. In the event of a breach of aliy of the terms,
covenants or agreements hereof, the non -breaching party shall be entitled
to all. available legal and equitable remedies, together �vitli the right to
recover from the breaching party all costs and expenses associated
therewith, includin- the costs and expenses of collection, including
reasonable attomey's fees, and interest from the date the non -breaching
party incurred such costs and expenses at the Default Rate.
901114-1 ',9Q
3.3 General. The easements established, created and granted by this
Declaration are made subject to all covenants, conditions, restrictions,
encumbrances and easements presently of record. The obligations and
covenants contained herein shall run with the land and shall be binding
upon and shall inure to the benefit of the Owners and their successors,
assigns, members, agents, guests, contractors, utility providers, invitees,
tenants, customers and licensees and to the extent of its rights hereunder
the Corporation and its Successors and assigns.
The Owner of the East Lot installing the hard surface, curbing and other
appurtenances on the Access Entry, shall obtain all necessary permits and
approvals for such work.
In the event an Owner transfers ownership of its Lot, then its rights and
obligations under this declaration shall expire and terminate, excepting for
obligations accrued prior to the transfer which were not performed. And
thereafter the transferee and its heirs, representatives, successors and
assigns shall be deemed to have succeeded to all of such rights of and to
have assumed all of the obligations of its predecessor. , but only during the
period of its ownership. Declarant has no obligations under this
Declaration.
When the Owner of the East Lot or Its contractors, invitees, or licensees
enter upon the West Lot for the purpose of construction and Maintenance
Services on the Access Entry, it shall restore the area (exclusive of the
initial construction) to at least as good a condition as existed prior to such
entry.
With the written consent of the Corporation, the Owners from time to time
of the East Lot and the West Lot may arnend or modify this declaration by
a written instrument recorded in the Office of the Recorder of Hamilton
County, Indiana.
Capitalized terms used and not defined herein shall have the same meanings given
to them in the Peripheral Retail Area Supplemental Declaration recorded in the Office of
the Recorder of Hamilton County, Indiana, as InstrumentNo, 2007026983.
No further text on this page
-signature page to follow.)
4
90119239v2
INN WITNESS WHEREOF, the Declarant has cxe-cuted this Declanrion xnd
Grant of Reciprocal Ace;ss Eiasement as of 2023.
BRI Mk1CK '1 ND CC)"bI` U I`I-II=S. I_LC,
an Indiana iirnited habilily COMOICu01
B�_ _
[ erri Charles 11t17rra. C ❑-. 4 r
STATE OF VNIMNA
SS:
COUNTY OF IIAMIL."k'O )
Before me- a Notan- Public in an"' for said. Couniv and Stare, ncrsanallp appeared
Tarn Charles Huston, a Co -'Manager of Brenv*.ick "GNU C:orninuniti . LLC, an fndiana
;imited liab lity co ntFian3. %%ho dCiitli)41it'sli`C; the execution al'ibe foregoing Declaration
and Grant of Reciprocal :kccess Fzwse vnt for ar,d on. hohalf LA'said Declarant, and who,
haling been ci_ulz sworn, stated ihLt any reptesentations therein contained are true.
WITNESS mN hand and Notarial St�l this � �'` day of 20?3.
S"M wCS-6 f i' Public Residie (ng in pt t ~To C ountti
A
SE►�t ' Con.+wrnr
r w ' MCOT-4 w F.;,.. 7RI.C. .� Aoeo,�f �J/L.50.�f WehS, 203y '
...�.... _ . Ipnntcd name,,i
Me.= Commission LxpircK:
1 his irtatruzneni 'was prepared . -MaI N ist �vIitch6i. Mitchell Dick- ?�lcRelis, b.i C,
9247 North Meridian Str,.�ct, Suite 50_ 1nt lunapoIi;_ Indituia 46260-1803.
I aftirru. under the pcnalttes for lierjs.trY_ ttra: I hake: taken reaionable care to redact each
Social Security wmber it: this dou•ument. st:slcss rrquimd by ?aw,
s, Nits: a in 14 s t,;ht'! 1
y0 11 1'1. °'"1'. w
EXHIBIT A
Fast Lot Legal ❑escri tion
A part of Block "B" in The Village of WestClay, Section 6003-B, the plat thereof recorded as
instrument No. 20.07013950. in Plat Cabinet 4, Slide 264, as corrected by Certificate of Correction
recorded February 27, 2019. as Instrument No, 2019006936, in the Office of the Recorder of
Hamilton County, Indiana, and described as follows: Beginning at the southeast comer of said
Block "B" in said Plat; thence along a south line of said Block "B" North 89 degrees 47 minutes 27
seconds West for a distance of 411.45 feet to a corner of said Block B"; thence North 00 degrees
12 minutes 23 seconds East for a distance of 190.00 feet to the North line of said Block "B";
thence along the North and East lines of said Block 13" for the following three (3) courses: (1)
South 89 degrees 47 minutes 37 seconds East for a distance of 361.45 feet; (2) South 44
degrees 47 minutes 37 seconds East for a distance of 70.71 feet; (3) South 00 degrees 12
minutes 23 seconds West for a distance of 140.00 feet to the place of beginning. Containing
76,956 SF (1,766 acres), more or less.
The above description prepared by Andrew D. Baxter, Jr_, Registered Land Surveyor,
#20400029, The Schneider Geomatics Project No. 14778 dated March 10, 2023.
EXH 113IT B
West Lot Leeai Description
R part of BIock °B" in the Village of WestClay. Section 6003-8, recorded as Instrument Number
2007013950 and filed in Plat Cabinet 4, Slide 264 in the Office of the Recorder of Hamilton
County, Indiana, located in the Southeast Quarter Section 29, Township 18 North, Range 3 East
in Clay Township, Hamilton County, Indiana and more particularly described as follows:
Commencing at the northeast corner of said Quarter Section; thence South 0 Degrees 12
Minutes 27 Seconds West, 767.43 feet, thence North 89 Degrees 48 Minutes 43 Seconds West,
84.87 feet to a capped rebar marked Major Engineering, thence North 89 Degrees 48 Minutes 43
Seconds West, 411.47 feet to an uncapped rebar and the POINT OF BEGINNING of this
description; thence North 0 Degrees 12 Minutes 41 Seconds East, 190,00 feet to a capped rebar
marked Bordenet 20100044: thence North 89 Degrees 49 Minutes 51 Seconds West, 94.64 feet
to a capped rebar marked Schneider and the beginning of a curve; thence 23.90 feet along said
curve with a radius of 25.00 feet and being subtended by a chord bearing South 62 Degrees 53
Minutes 30 Seconds West and being 23.00 feet in length to a capped rebar marked Schneider
and the beginning of a curve: thence 34.32 feet along said curve with a radius of 100.00 feet and
being subtended by a chord bearing South 45 Degrees 24 Minutes 23 Seconds West and being
34.15 feet in length to a capped rebar marked Schneider and the beginning of a curve; thence
23.92 feet along said curve with a radius of 25.00 feet and being subtended by a chord bearing
South 27 Degrees 26 Minutes 31 Seconds West and being 23,02 feet in length to a capped rebar
marked Schneider; thence South 0 Degrees 12 Minutes 35 Seconds West, 304.06 feet to a
capped rebar marked Major Engineering; thence North 89 Degrees 47 Minutes 48 Seconds West,
150.03 feet to a capped rebar marked Major Engineering; thence North 0 Degrees 12 Minutes 41
Seconds East. 169.20 feet to an uncapped rebar and the POINT OF BEGINNING; Containing
52,824 square feet, more or less,
EXHIBiIT C
THAT PART OF BLOCK B IN THE VILLAGE OF WESTCLAY, SECTION 6003-B, THE
PLAT THEREOF RECORDED AS INSTRUMENT NUMBER 2007013950, IN PLAT
CABINET 4, SLIDE 264, AS CORRECTED BY CERTIFICATE OF CORRECTION
RECORDED FEBRUARY 27, 2019, AS INSTRUMENT NUMBER 2019006936, IN
THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHERLY MOST NORTHEAST CORNER OF SAID
BLOCK B, BEING A POINT ON THE SOUTH LINE OF HARLESTON STREET;
THENCE NORTH 89 DEGREES 47 MINUTES 37 SECONDS WEST ALONG AN
ASSUMED BEARING, BEING THE NORTH LINE OF SAID BLOCK B AND SAID
SOUTH LINE OF HARLESTON STREET 348.95 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 00 DEGREES 12 MINUTES 23 SECONDS WEST, RIGHT ANGLES
TO THE LAST DESCRIBED COURSE, 160.44 FEET;
THENCE NORTH 89 DEGREES 47 MINUTES 37 SECONDS WEST, RIGHT ANGLES
TO THE LAST DESCRIBED COURSE, 25.OD FEET;
THENCE NORTH 00 DEGREES 12 MINUTES 23 SECONDS EAST, RIGHT ANGLES
TO THE LAST DESCRIBED COURSE, 160.44 FEET TO A POINT ON SAID NORTH
LINE OF BLOCK B AND SAID SOUTHERLY LINE OF HARLESTON STREET;
THENCE SOUTH 89 DEGREES 47 MINUTES 37 SECONDS EAST ALONG THE
NORTH LINE OF SAID BLOCK B AND SAID SOUTHERLY LINE OF HARLESTON
STREET 25.00 FEET TO THE POINT OF BEGINNING, IN HAMILTON COUNTY,
INDIANA.
SAID PARCEL CONTAINS 4,011 SQUARE FEET OR 0.092 ACRES, MORE OR LESS.
PREPARED APRIL 6, 2023
REVISED APRIL 27, 2023
SPACECO, INC, cbl