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HomeMy WebLinkAboutAmended and Restated Access Easement - recorded2023029920 EASE $25.00 08/04/2023 02:21:06PM 14 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II I I I II I I I I III AMENDED AND RESTATED ACCESS EASEMENT Dated: July 31, 2023 By and Between: OE FLORA, LLC, an Indiana limited liability company ("Grantor") /U: VINE PROPERTY GROUP, LLC, an Indiana limited liability company ("Grantee") Cross -Reference: Instrument # 2021029575 Instrument # 2 0 2 3 0 2 9 918 [Grantor Vesting Deed] AMENDED AND RESTATED ACCESS EASEMENT THIS AMENDED AND RESTATED ACCESS EASEMENT (this "Agreement") is entered into by and between OE FLORA, LLC, an Indiana limited liability company ("Grantor"), and VINE PROPERTY GROUP, LLC, an Indiana limited liability company ("Grantee"), to be effective as of July 31, 2023. RECITALS WHEREAS, Grantor is the fee simple owner of certain real estate located in Hamilton County, Indiana, more particularly described on Exhibit A attached hereto and by reference incorporated herein (the "Grantor Property"); WHEREAS, Grantee is the fee: simple owner of certain real estate located in Hamilton County, Indiana, more particularly described on Exhibit B attached hereto and by reference incorporated herein (the "Grantee Property"); WHEREAS, the Grantor Property is subject to that certain access easement, as established and described by instrument recorded April 19, 2021 as Instrument No. 2021029575 in the Office of the Recorder of Hamilton County, Indiana (the "Prior Easement"); WHEREAS, the Prior Easement, by its own terms, contemplates that the easement granted therein will be more particularly identified at the time the Grantor Property is developed; WHEREAS, Grantor intends to develop a residential project (the "Project") on the Grantor Property and in connection with the construction of the Project, Grantor and Grantee have determined the location of the access area to be more specifically identified as contemplated by the Prior Easement; and WHEREAS, Grantor and Grantee have agreed to amend and restate the Prior Easement to (i) replace and more particularly define the area impacted by the easement rights, and (ii) to provide for maintenance, repair, and construction of any future improvements, in accordance with the terms and conditions of this Agreement, as more particularly described below. AGREEMENT NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Recitals. The foregoing recitals are hereby affirmed by Grantor and Grantee as true and correct and each such recital is incorporated herein by this reference. 2. Grant of Easements. Grantor hereby grants, bargains, sells and conveys to and for the benefit of the Grantee Property and its Permitted Users a perpetual, non-exclusive easement on, over, across, upon and through the portion of Grantor's Property being more particularly depicted and described on Exhibit C attached hereto and by reference incorporated herein (the "Easement Area") and the drive aisles and sidewalks from time to time existing therein, with the planned drive aisle improvements being generally reflected on Exhibit D attached hereto, for the purpose of pedestrian and vehicular access, and ingress and egress to and from and from and to the Grantee Property (the "Easement"). For purposes herein, "Permitted Users" shall mean a party, its agents and contractors, tenants, subtenants, occupants, licensees, permittees, customers, and invitees of the Grantor Property or the Grantee Property, as applicable. 3. Scope and Limitations of Easement. Grantee's (and its Permitted Users') use of the Easement Area and the Easement granted herein shall not unreasonably interfere with the use and enjoyment of the Grantor Property by Grantor, its successors and assigns, agents, contractors, licensees, pennittees, invitees, or guests. The Easement is established herein for the purpose of allowing and permitted free and unimpeded vehicular and pedestrian access, ingress and egress by Grantee from and to the publicly dedicated rights of way existing on and adjacent to the Grantor Property to and from the Grantee Property. Except as reasonably required on a temporary basis during periods of maintenance, repair or replacement of the access and other facilities located within the Easement Area, or in an emergency situation, neither Grantor nor Grantee shall at any time erect, construct, or cause to be erected or constructed, any fence, wall, curb or other barrier restricting access to either the Grantor Property or Grantee Property via the Easement Area. Any obstruction or other barrier that remains in place following written notice to the obstructing party and reasonable opportunity to cure, may be removed by the other party at the sole cost and expense of the obstructing party. This Agreement does not dedicate the easements created herein to the general public, nor does this Agreement restrict the use and development of the Grantor Property and Grantee Property except as expressly stated herein. Nothing contained herein shall be deemed to prevent Grantor from installing and maintaining stop signs, yield signs, directional arrows and other reasonable traffic control facilities within the Easement Area. In no event shall Grantee cause or permit any lien to attach to the Grantor Property or to any improvements now existing or to be constructed or installed thereon by reason of the performance of any labor or work or the provision of any services, machinery, tools, equipment, supplies or materials under or pursuant to this Agreement. If such a lien shall be filed, Grantee shall take all steps necessary for the release and discharge of such lien in any manner allowed under applicable law, including bonding out any such lien, within fifteen (15) days of receipt of written notice from Grantor; provided, nothing herein shall prevent Grantee from contesting any such lien in good faith. If any aforementioned lien shall remain in force or unbonded for fifteen (15) days after Grantee's receipt of written notice thereof, Grantor shall have the right and privilege of paying and discharging the same or any portion thereof without inquiry as to the validity thereof. 4. Construction, Maintenance and Repair. Grantor, at Grantee's sole cost and expense, shall install roadway and sidewalk improvements within the Easement Area pursuant to plans and specifications for the Project approved by the relevant governmental entities. Any drive aisle, sidewalk or other access improvements connecting the Grantor Property to the Grantee Property shall be installed at Grantee's sole cost and expense, and all plans, scheduling, and contractors related to the foregoing shall be subject to Grantor's prior written approval. Grantor shall maintain the Easement Area (and any access facilities existing therein from time to time) in a good, working, safe, clean and slightly condition, suitable for the purpose of the Easement granted herein and in compliance with applicable law. If Grantor fails to maintain and repair all or a portion of the Easement Area within thirty (30) days following a written demand therefor, Grantee shall be entitled to perform such maintenance and/or repair on the Easement Area. If Grantee exercises its rights pursuant to this Section 8, Grantor shall reimburse Grantee the commercially reasonable repair and maintenance costs and expenses of the Easement Area within thirty (30) days after receipt of detailed third party receipts indicating the amount expended. S. Indemnity. Grantee shall indemnify and hold Grantor harmless from and against any and all loss, cost, damage, liability or expense (including reasonable attorneys' fees actually incurred and court costs) (collectively, the "Claims") incurred by Grantor in connection with the exercise by Grantee of the easements and rights created herein, except to the extent caused solely by the gross negligence or intentional misconduct of Grantor or its Permitted Users. 6. Taxes and Insurance. Grantor shall be responsible for all real estate taxes assessed with respect to the Grantor Property, and Grantee shall be responsible for all real estate taxes assessed with respect to the Grantee Property. Grantor and Grantee, and their respective successors and/or assigns, as the case may be, shall each maintain commercial general liability insurance providing coverage against liability relating to their and their invitees' use of the easements and licenses described herein. Grantor and Grantee, and their respective successors and/or assigns, as the case may be, shall each name the other as an additional insured under such policies of insurance. Such insurance shall be placed with reputable insurance companies and in commercially reasonable amounts. 7. Duration of Easement; Covenants Run with the Land. The nonexclusive easements created herein are hereby declared to be perpetual, and are appurtenant to and shall run with the Grantor Property and Grantee Property, and shall be binding on, and inure to the benefit of, the then owner of the Grantor Property and Grantee Property, and any portions thereof, and its respective heirs, legal representatives, successors and assigns, and the benefits and burdens shall run with the Grantee Property and the Grantor Property, respectively, and all subdivisions thereof. 8. No Dedication for Public Use. This Agreement is not intended to, and does not, constitute a dedication for public use of all or any portion of the Easement Area, the Grantor Property or the Grantee Property, and the rights granted herein are private. 9. Waivers. No waiver by either party of any default under this Agreement shall be effective or binding upon such party unless made in writing. No waiver of any default shall be deemed a waiver of any other or subsequent default hereunder. 10. Unenforceable Provisions. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and which shall be legal, valid and enforceable. 11. Coun terparts. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. 12. Lien Subordination. Any mortgage, deed of trust, ground lease, or other lease now existing or hereafter granted or entered into affecting the Grantor Property shall be subject to, subordinate and inferior to the easement, rights, benefits, and obligations created hereby, and the foreclosure under any such mortgage shall not extinguish or impair the easement, rights, benefits, and obligations created by this Agreement. 13. Notice. All notices, demands, or other communications of any type ("Notices") given pursuant to this Agreement shall be in writing and shall be delivered to the person to whom the notice is directed, either in person with a receipt requested therefor, or sent by a recognized overnight service for next day delivery or by United States certified mail, return receipt requested, postage prepaid to the addresses or by facsimile or, if a party's address is a post office box, then such notice shall be sent by regular, first class United States mail to the address of such party then of record with Hamilton County for real estate tax billing purposes. Any party may change its address for notice hereunder by notice to the other party given as set forth herein. 14. Authority, Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the Grantor Property, is lawfully seized thereof, and has the authority to convey the easement contemplated by this Agreement. The undersigned person executing this Agreement on behalf of Grantor is an authorized representative of Grantor and has been fully empowered, and all necessary action has been taken, to execute and deliver this Agreement. Grantee represents and warrants to Grantor that Grantee is the owner in fee simple of the Grantee Property, is lawfully seized thereof, and has the authority to convey the easement contemplated by this Agreement. The undersigned person executing this Agreement on behalf of Grantee is an authorized representative of Grantee and has been fully empowered, and all necessary action has been taking, to execute and deliver this Agreement. 15. Enforcement. Except as specifically otherwise provided herein, any breach of the obligations set forth in this Agreement that remains uncured for thirty (30) days following written notice thereof by the non -defaulting party to the defaulting party shall constitute a default of this Agreement and the non -breaching party shall be permitted to pursue all remedies available at law or in equity; provided, however, if such default is not capable of correction within the initial thirty (30) day period, provided the defaulting owner commences to correct the failures within such period and thereafter continuously and diligently prosecutes such cure, the time shall be extended up to ninety (90) days. The prevailing party in any litigation brought to enforce any obligation hereunder shall be entitled to recover its court costs and reasonable attorney fees incurred in connection with such litigation. 16. Owner's Association. Grantee acknowledges and agrees that an owner's association (an "Association") may be created to operate, manage, and maintain certain portions of the Grantor Property, including the Easement Area, following completion of the Project. Grantee acknowledges and agrees that any such Association created and granted authority pursuant to a declaration of covenants, conditions, and restrictions or similar document encumbering the Grantor Property shall be entitled to exercise the rights and may satisfy the obligations of Grantor hereunder. In addition, use of the Easement Area shall in all events he subject to any reasonable rules and regulations adopted by an Association or other party designated to operate and maintain the drive aisles and other improvements within the Easement Area. 17. MisceIlaneous. In any action arising out of this Agreement, the prevailing party in such action shall be entitled, in addition to all other relief granted, to its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and costs set by the court. In the event any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. This Agreement shall be governed and construed under the laws of the State of Indiana. This Agreement represents the entire agreement between Grantor and Grantee pertaining to the matters addressed herein and supersedes all prior negotiations, representations or agreements. This Agreement amends, restates, supersedes and replaces the Prior Easement in its entirety. This Agreement may be modified, amended, or terminated, in whole or in part, only by the written consent of the then owners of record of the Grantor Property and the Grantee Property. Any modification, amendment, or termination of this Agreement shall become effective only upon recording the same in the official real property records of Hamilton County, Indiana. [Signatures on the following page(s)] IN WITNESS WHEREOF, this Agreement is executed to be effective as of the day and year first above written. GRANTOR: OE FLORA, LLC, an Indiana limited liability company By: Andrew B. Lahr, Authorized Representative YAtib� JUt.IE D£MORE7 b��• ' •.Q� Notary Public, State of Indians STATE OF INDIANA ) �x;sEAL "- Marion bef Np *•, ,:�� commission lJumberNPp74t686 '�����in�*�,` My Commission Expfraa SS' June05, 2030 COUNTY OF OnOICT Olin Before rne, a Notary Public in and for said County and State, personally appeared Andrew B. Lahr, the Authorized Representative of OE Flora, LLC, an Indiana limited liability company who, after having been duly sworn, acknowledged the execution of the foregoing Drainage Easement Agreement for and on behalf of such limited liability company. WITNESS, my hand and Notarial Seal this 2-a day of , 2023. otary Public My Commission Expires: My County of Residence: 2- ` [Signature Page to Access Easement Agreement] GRANTEE: VINE PROPERTY GROUP, LLC an Indiana limited liability company By: Printed: el ��rV "Z 11 Al < rMOOPI S, Title: Mal" e f� STATE OF INMNA ) ) SS: COUNTY OF ( 1-6 ) i Before me, a Notary Public in and for said County an State, nersolially appeared the of U m �(.vho, after having been duly sworn, ac owled6Qd the execution of the far going bminade Easement Agreement for and on behalf of such limited liability company. WITNESS my hand and Notarial Seal this � day of � v Lift ( ) Notary Public My Commission Expires: S l�a '�-O My County of Residence: RANDALL D REICHMANN Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0743643 My Commission Expires Sep 12, 2030 This instrument prepared by Samantha R. Hargitt, Attorney at Law, Dinsmore & Shohl LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law [Samantha R. Hargitt]. EXHIBIT A Grantor's Property A part of the Southeast Quarter Of 17 North, Fonge 3 tost Of the 5ec0-1d Pnn6paI Meddlan, Clay ` own4hip,hiamillrtrt tounty; MIAM, MOM prlle;llsrltt descrioed as fW)CM57 ro'fimenting At the t4r;rthog romp-r of the Stititheast Quartar efsald Section 1 t3, Towr4Mp 17 North, W46 3 3t; the craSt3u#h00 degtees 19 rnff)UtM 41 (6asts of gtatingv Inthone State Plane, East Zone, NA D 031395.19 f4,t Ale l'R the East tine 0j sa! d 5outl-emt <�ua"ter to the sr utM,4slsrn careen of the 4.323-acre tract of IAnd as 9FB nted to htattwh Khovokwor Revocable Trust, 48(10641 104it A 2±t 6 f'ftarcel 11) (recorded as Farcel 1) Irec€ f4ed as) {recorded as IrrOprMMA NWIRIl!"I 20 ?7N60 in the DKIM of 1'* Rucordet df Ifamilion Crotty, I..ndiarAl (Note:. 01 fecordirsg iitf[srr Sin I,i r ii fE refe s to s4id Remrrie,,s Of#cej belmg the POINT s £iificeL ` &r g the POINT V aGI#rNtt4G of this dtHkf'P1Iw, thervfe continue South co}3 egraes .9 mleviles 41 s,"ondtWest 350.90foot along es;d i as$ line tp+4 northeastem coroor otthe tract cif'md as grantc-d tea M-Avasn-ire LLC i"Parcel IR'i (InstArwtftt Number 201803612a t1wrre SOuth 89 Parcef MI I'nstrsinertNurnge€ 21)18836126� thence South 09 ) (Inge-omenl Nrjrriber 2018036126); Owute Samh 89 degreffs 55 miatirles 33 Seron0s Meat 2"6 feet aFalt 0 wilh the North Lime of sok, >r`90ht,0?r pwartel w the 021S•acatsi-t of inner q:ir trd to ttieState ri- ot Indwo 11itWUMM f VMbLOr 92206121 (1111e !011 'img eiree courses are aloTq the he3w,�;sry cf said O P,arretmvj,, #P?nv) thefv. a North 00 degrees 14 mim ites 10 4 ands East 329.43 feet ,'18 9feet R deed} %twa t}ience South 18 degrees 06 mirtnes 04- serond9 Wt-t t r35,62 dmj,.(twoji 19 degrees 06 ,minutes 04 itto tds'it++est 105162 feet (three) Swth D4 dagr"1;14 ffi;, utes 41 seeds Nest U7,69 feet to a nenhATs.tcFn Gvfr,ca cif this th463-OCte! react of .ar-d granter) to the $tgte at I.-Xtla<na (Also i?§ s;tid Irmfument Number 9220014 (*w fo,t:wi �tg fNe. t4urses are alanc3 tte h. trncl.arq r s5id t1, 53 atre tradl: toner th(=flce South O9 degrees 19 rr0nuites.41 setands WmIL 32f J) fee`% (K-nA7 feet deed'), (#vr-o) thence S"th t)a ;iegrees 37 rn[?tutes 02spi,mnd& West 200.56 feet; Wiree) taisiface %Utli M dey eel, 40 minulen 34 seeondsVkst 40 a9 feet 139.53 feet -dee); tfdvei trtience Smah t35 degrm 29 minutrts 27 wcond_a %W%t ,W fist: tEve) thenrre South tt5 Agrees 14 minut" ao sercFds Weet 26939 feet to the ncsrthoa.v"n miner of the tt3 1-acre trad of fared granted t0 it STOW 0 Indi�rs (instrturteni €�r3rrtbes 9120033k, thence South 8f dt9lees 29 Owes 27 seconds's,tit'st 4220) deer aimp the northern lino w, said 0,311-acre traci thence 4itl-4h 00 &rgrcLI 19 ziir mke> 41$ a ads Eagt 235.00 tent pratlel with the i;ast Girm of.mid Zouihaaij Quarter *ence Kn-th 76 3egraes49 sir ,A-,,& 34 se' -lutists East ZI 22.34 feet; thence, North 24 dt f(w 25 rninute4 a7 seconds EastU©_G'I feet; thenca North 54 drgrur%x-25 iron;=#es 51 seconds East .12535 Peek; thence North pD trig #ei Ig minutes 41 seconds East. 287.82 feet pwallet vrith said East Lime to the southern t>Dunddry of TWo Pwrd l tall 4f 114e remlEinina eDurses are alrtrtg the uflcfaty erf sand Parcel Vro iharnse S€auth 36 dtqrets 24 rriliivte4 5B. se�rr�s East MOD feet thence. South 44.4egrerS 36 tr r uEes 12 seconds East 4E,25 feet; kherce 5i3t,th 62 c1�34itst mletttlt S7 r tCsnris 051 6.$,29 fq pi; lhener Worth 19 degts*-t 38 me .btes 28 seo3nds East 39.65 fxt; thence North 44 degre,65 56 minutirs C4 seconds 5osl SZ,0 fa*t ih rid th 65 deq(m 3911lirm tea 13 wnrds Fast WZ feet; thence North 24 cteUmms 44 mhftatek 42 seep€14 eas162,62 feet; theexe 501ith 86 deafen 10 mirt -Am 1 � wands East 37'3A7 feat to 1�a POW OF BEGINNING, wntoining 1 —J'11 omres, d r leis, EXHIBIT B Grantee's Property A pars o'the Southeast luarterr l5ae ion 10, Township 17 NocErlr Range 3 fast of the Second Pr elloal Meridian, Clay Tamrhip, Hamilton County, Indiank more partirularty described as fcllovss: Gorr er ctng at the Nortness, QYver of the Svitheasi Quarter of said SEr ion 10, Townshio 17 North, 3 Ed&ti thence Sac€1h 89 degrees 55 tntnLA4r % 33saconds West (Basis of Bearings; Indiarm State efane, least Z-zna, NAD 83) C52.01 feet along the Ndrih Line of safd Southeast Quar;nr to the ?01NT OF SEGfNNiNG of this descrip€ion, said pains lying on the rlwme.m 4amdary of the 4 223-acre tract of land granted to MaInvash Khosroavyar ftevocal t t Trust, dated tdwy 19, 2006 ("parcel 111) (recorded ae Ins1nomentNumberMOD78468 in I.ho Off•c* 0 the Recotdar of Harnidon cotwty, Indiana) gNote 91 raw - is €nfurmation hereinafter refers to saald RAnftier s Off€r4); illerMe South firs dgreat 111 Minutes 41 seocnds. West 385,38 feet parailei with the Iasi Line of r." Southeast ovartar.to a SOL11haift boundary of said Pascal 1; Lherve North 38 decreea 28 mihtvles 58 seconds Wmt 7,58 feel to a wMar of said Parcel 1; the ve South 00 degrees.19 Minutes 41 sacortls burst 287.82 feet paraltal With said last Line; thence South 64 degrees 25 minutes 31 seconds Wesf 125.73 feet to the ustern bmindary of the remainder rsf tha tract o' land granted to Mahvasft=K, LLC (`Parcel III') (tnstrurnest Mimlaer 2;1PU41600); fll nos SouM 24 dogmas 25 niinuies 57 seconds West 201,01 feet, thence South 76 degrees 0 rr mutes 30 seconds Wnst 342.74 feet thence Saute ills degrees 18 minutes 41 seconds West 29Y,00 fee: paralrei with &,e East lhio of said Suutlimast Quarter to the northern lire of the 0.311-=?core tract of land grarited to the State of fndiana (tnstrumsnf Nilrnbar g120033) (tee fo1c(Mng hvo courses a'e along the nortri;'rr, boundary of said f].311 acre tfacl), (one) 9Ful.N 69 degrees 29 t mutes 27 seconds : poi. I C3.35 fee;; (hYD) thence Sou„=' 86 dagro*s 38 Milnutas 02 seconds Sa ss 300.37 feet t3 the northern Fiat ed aucess right-4`-.4ay Ilna as g,%nt--6 to the State of Indiana (Coed Bock 216, page 215) thence North 87 degrees 37 mlrutes49 seconds VVF0 97.27 feet to the southeastern cotnor of Cedar PQlrt 5uturiuisi0n (Plat Book 6, pages 111 and 132) {rise following four courses are along the boundary of said Sabg vlsfor€); (one) Norih 0B degfaes 48 minutes 17 seconds VJa%t 193i 62 feet (zM08100- plat), (bxo) North 16 degrees 55 minutes 10.saadr€ds East 31,5,11 feet; (three) Bence Nortf>! 57 tiagfPQs 34 rninuilos 13 seconds East 365AD foot; (four) thanta Nart7 00 ddgraea 22 minutes 13 socrsnds East 325,05 feet to tine soulhsvestorn cnmrer of the 3.700•scre Exception as gra,i•,ed to hliahvash•K; LLC (`ExcepUDW) (Instrument Number 24'40411390); Lhence forth 89 degrees $5 Minutes 33 seconds.East 552.14 feet 048A 8 foot - deed) parallel vr'th the North Lri(s of serer ScJ€heest tuarta: and along;hc Sodltiefrt line of Said Excep'Jota o iha western hourdary of said Parcel 1; thence NOA400 u;grees 10 rrilnutes 22 seconds Went 294.69 feet along said Nvastern lo)@ to the nesrth*astetr: correr thereof are tLid North UOia Of sald bautheas€ Quarter, tharce North R9 degrees 55 Mirwles 33 seconds East 126_24 feet sinng the northern ma n`tald Parcel 1 and the North Line of said Southeast Quarter to to POINT OF BEGINNIXG, containing ic3.55C Aces_ more orles5; EXHIBIT C Easement Area [INSERT DEPICTION AND DESCRIPTION.] Cr pe v ACCESS EASEMENT PIC JOB NO. 210114-20000 NOVEMBER 8, 2022 SHEET 1 OF 2 A part of the Southeast Quarter of Section 10, Township 17 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence South 00 degrees 19 minutes 41 seconds West along the East line of said Southeast quarter 395,19 feet (the following eleven (11) courses are along the North and West boundaries of Instrument Number 2022021432 recorded in the Office of the Recorder of Hamilton County); (1) thence North 86 degrees 10 minutes 19 seconds West 373.47 feet; (2) thence South 26 degrees 44 minutes 42 seconds West 62.82 feet; (3) thence North 85 degrees 39 minutes 13 seconds West 68.62 feet; (4) thence South 44 degrees 56 minutes 04 seconds West 52.39 feet; (5) thence South 19 degrees 38 minutes 28 seconds West 39.65 feet; (6) thence North fit degrees 51 minutes 57 seconds West 66.29 feet; (7) thence North 4B degrees 36 minutes 12 seconds West 46.25 feet; (8) thence North 38 degrees 28 minutes 58 seconds West 70.00 feet; (9) thence South 00 degrees 19 minutes 41 seconds West 287.82 feet; (10) thence South 64 degrees 25 minutes 31 seconds West 125.75 feet; (11) thence South 24 degrees 25 minutes 57 seconds West 90,39 feet to the POINT OF BEGINNING; thence South 89 degrees 59 minutes 37 seconds East 130.48 feet to a non —tangent curve to left having a radius of 66.00 feet, the radius point of which bears South 45 degrees 12 minutes 05 seconds East; thence Southwesterly along said curve 24.33 feet to a point which bears North fib degrees 19 minutes 16 seconds West from said radius point; thence North 89 degrees 59 minutes 37 seconds West 125.96 feet to the West boundary of said Instrument Number 2022021432; thence North 24 degrees 25 minutes 57 seconds East along said West boundary 21.97 feet to the POINT OF BEGINNING, containing 0,058 acres, more or less. 9339 PRIORITY WAY WEST DRIVE, SUITE 100 INDIANAPOLIS, INDIANA 46240 (317) 844-6777 FAX (317) 706-6451 E-Maii cdpe@cripe.biz ARCHITECTURE+INTERIORS 0 CIVIL ENGINEERING • SURVEY+ CONSTRUCTION ENGINEERING 8 ENERGY+FACKIIO • EQUIPMENr PtANNiwG • REAL VIIIIIIIIIIIIIIIIII -1, Cripe ACCESS EASEMENT POINT OF COMMENCEMENT NE COR. SE 1/4 SEC. 10, L17N., R.3E HARRISON FND. PER H£SO TIES s av19'41' w w "!'- S W19'41' W SPRING MILL RD. 395.19' g 7910804. x w sz S 00.19 41 W Z KHOSROWYAR, MAWASH TRUSTEE MAWASH KHOSROWYAR REV. TRUST INSTR. NO.: 202DO079W 2G44'42' w 13' w PIC JOB NO. 210114-20GOO NOVENIBER 8, 2022 SHEET 2 OF 2 0 50 100 200 25 75 150 SCALE: 1"=100' S W38'28' w 5 4456104' IN 9.65' I. NO. 2022 21432 52.39 9950 SPRING MILL RD. \-.N 67516.29''ST W 6 N 3828�58'W X—N 48'302' W ENT AREA 2545 S.F. 0.058 AC.t �n POINT OFF LN 242557' E BEGINNING __ __. 9339 PRIORITY WAY WEST DRIVE, SUITE 100 INDIANAPOLIS,INDIANA 46240 (317) 844-6777 FAX I317I 706-6451 E-Malt cdpe@cdpe.biz ARCHITECTURE +INTERIORS • CIVIL ENGINEERING • SURVEY+ CONSTRUCTION ENGINEERING • ENERGY -FACILITIES • EQUIPMENT PLANNING 0 kEALESTATE EXHIBIT D General Depiction of Planned _D_ rive Aisles Ct f 5� 3 IF Sj e= 5 44 t 7 w f. a 3 7 y