HomeMy WebLinkAboutAccess Easement2024017187 EASE $25.00
05/20/2024 10:26:05AM 13 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Present
Prior Deed Reference: Instrument No 2012-
070077, in the Recorder’s Office for
Hamilton County, Indiana
VARIABLE WIDTH ACCESS EASEMENT
THIS VARIABLE WIDTH ACCESS EASEMENT (this "Agreement") is made as of
the 17th day of May, 2024 (the "Effective Date"), by and between FEHSENFELD LAND
HOLDINGS, LLC, an Indiana limited liability company ("FLH"), and MICHIGAN ROAD
MULTIFAMILY HOLDINGS, LLC, an Indiana limited lability company ("MRMH").
RECITALS
WHEREAS, FLH is the owner of certain real property located in Hamilton County,
Indiana and more particularly described on Exhibit A attached hereto and made a part hereof (the
"FLH Property");
WHEREAS, FLH is conveying to MRMH that certain portion of the FLH Property
described on Exhibit B attached hereto and made a part hereof (the "Apartment Parcel");
WHEREAS, FLH will, upon the conveyance of the Apartment Parcel, continue to own
that certain portion of the FLH Property described on Exhibit C attached hereto and made a part
hereof (the "Retail Parcel");
WHEREAS, in order to have access to the Retail Parcel after the conveyance to MRMH
of the Apartment Parcel, FLH requires an access easement on, over, across and through certain
portions of the Apartment Parcel;
WHEREAS, MRMH and FLH (each, an “Owner” and together, the “Owners”’) hereby
agree to provide for such access easement on over, across and through certain portions of the
Apartment Parcel for the benefit of the Retail Parcel (each a “Parcel" and together, the
"Parcels"), subject to the terms and limitations of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, FLH and
MRMH hereby agree as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement as if
restated in full herein.
2. Access Easement. MRMH, either now or in the future (as set forth in Section
10@)), hereby grants, creates, declares, makes and conveys to FLH and FLH’s agents,
employees, contractors, tenants, lessees, invitees and guests (collectively, the “FLH Parties’’),
1
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for the benefit of and to be appurtenant to the Retail Parcel, a perpetual, non-exclusive easement
on, over, across and through the Access Easement Area (as such term is hereinafter defined) for
purposes of vehicular and pedestrian access between Michigan Road and the Retail Parcel (the
"Access Easement"). As used herein, the “Access Easement Area” shall mean the areas
depicted and legally described on Exhibit D attached hereto and made a part hereof, including
any access ways, driveways, sidewalks, and walkways within such areas and any traffic signals
regulating traffic from Michigan Road to the Access Easement Area ("Access Facilities").
MRMH agrees that it will not permanently block or unreasonably block on a temporary basis the
flow of pedestrian and vehicular traffic across the Access Easement Area and shall not materially
modify the Access Easement Area or Access Facilities without the prior written consent of FLH,
which consent shall not be unreasonably withheld, conditioned, or delayed.
3. Maintenance and Repair Obligations.
a. Performance of Work / Shared Expenses. MRMH shall be responsible for
keeping the Access Easement Area and Access Facilities in good order, repair, and
condition at all times and shall promptly perform any and all maintenance, repairs, and
replacements, which may be necessary to keep such Access Easement Area and Access
Facilities in good order, repair, and condition. Notwithstanding the foregoing, each
Owner shall be required to pay its proportionate share of the cost of operating,
maintaining, restoring, and replacing the Access Easement Area and Access Facilities,
which costs shall include but not be limited to, the costs for capital repair and
replacements, the costs for maintenance and restoration, and other associated costs (the
"Shared Expenses"). Such proportionate share for each Owner ("Pro Rata Share") is
set forth on Exhibit E attached hereto and made a part hereof.
b. Invoicing for Shared Expenses. MRMH may send written notice to FLH
from time to time requesting FLH to pay its Pro Rata Share of Shared Expenses, provided
that statements therefor shall be sent no more frequently than once each month. FLH
agrees to pay, within fifteen (15) days of delivery of any such written notice, its Pro Rata
Share of such Shared Expenses. Such notice shall include an itemized statement, with
supporting evidence in the form of invoices, receipts, or other evidence of the nature of
the expenses incurred, of all expenses incurred by MRMH in operating, maintaining,
repairing and/or replacing the Access Easement Area and Access Facilities. Any
payment which is delinquent for thirty (30) days or more shall bear interest at the highest
contract rate of interest then permitted in Indiana (or, if there is none, 18% per annum)
(the "Default Interest Rate").
C. Event of Default; Self-Help; Remedies. An Event of Default shall have
occurred with respect to an Owner if (1) such Owner fails to make any payment required
under this Agreement when due, or (i1) such Owner violates or breaches any other
covenant, requirement, or obligation under this Agreement and fails to cure such
violation or breach within thirty (30) days after the receipt of written notice from the non-
defaulting Owner specifying the nature of the violation or breach; provided, however,
that no Event of Default shall be deemed to have occurred if such violation or breach
cannot reasonably be cured within said thirty (30) day period, despite the defaulting
Owner's good faith efforts to do so, and the defaulting Owner shall have commenced to
cure the violation or breach within said thirty (30) day period and diligently pursues such
cure until completed. Upon the occurrence of an Event of Default by any Owner, each
other Owner shall have the right to perform any un-performed obligations underlying
such Event of Default or any work required to cure such Event of Default (a “Self-Help
Election”), including the right to advance sums necessary to perform such obligations,
and in such circumstance the Owner performing or advancing sums shall be entitled to
receive reimbursement from the defaulting Owner of its actual reasonable out-of-pocket
costs of performance or of sums advanced together with interest at the Default Interest
Rate. Additionally, upon the occurrence of an Event of Default, each non-defaulting
Owner may institute legal action against the defaulting Owner for specific performance,
declaratory relief, actual damages, or other legal or equitable remedy (but excluding
consequential or punitive damages). It is expressly agreed that no breach, whether or not
material, of the provisions of this Agreement shall entitle any Owner hereto to cancel,
rescind, or otherwise terminate this Agreement or the easements and rights granted
hereunder, but such limitation shall not affect, in any manner, any other rights or
remedies that any party may have hereunder by reason of any breach of the provisions of
this Agreement.
d. Lien Rights. If an Event of Default occurs due to an Owner's failure to
make a payment required by this Agreement, then the Owner to which any such
delinquent payment is due may record and enforce a lien on the Parcel of the defaulting
Owner in the manner provided under the Indiana mechanics’ lien statute; provided,
however, any such lien shall be subordinate to any mortgage lien on the Parcel to which
such lien attaches.
4. Covenants Regarding Maintenance and Repair Work. Any Owner undertaking
any maintenance, repair or replacement pursuant to this Agreement (regardless of whether such
Owner is primarily responsible for the maintenance, repair, or replacement or is utilizing a Self-
Help Election) shall: (a) diligently pursue the same to completion; (b) perform the same in a
good and workmanlike manner and in compliance with all applicable laws, regulations, rules,
ordinances and codes, including without limitation obtaining all necessary permits and
approvals; and (c) use commercially reasonable efforts to minimize any disruption or
interference with the use and conduct of business upon the Parcels. Except for maintenance,
repairs or replacements undertaken in an emergency situation or where such notice is not
practical (e.g., snow and ice removal), any Owner performing any material maintenance, repair
or replacement to the Access Easement Area or Access Facilities shall, at least fifteen (15) days
prior to commencing such work, notify the other Owner. For purposes of this Section 4,
"material" shall mean any maintenance, repairs or replacements that will substantially impact
vehicular access by way of the Access Easement Area for more than 8 hours. Such notice shall
include a description of the work to be performed and the anticipated schedule for such work.
Upon receipt of any such notice (a “Work Notice”), any Owner shall have the right to request a
meeting with the performing Owner and its contractors that will perform the work. Upon such
request, the performing Owner and the Owner requesting the meeting shall cooperate to
coordinate such meeting prior to the commencement of such work. Notwithstanding anything to
the contrary herein, an Owner shall be responsible for one hundred percent (100%) of the costs
of any maintenance, repair or replacement required due to the negligence or willful misconduct
of such Owner or its contractors, employees, agents, licensees, lessees or invitees.
5. Use Reservation. The use and enjoyment of the Apartment Parcel is hereby
reserved by MRMH to the extent that such use and enjoyment does not unreasonably interfere
with the use of the Access Easement or the enjoyment of the rights granted by this Agreement.
6. Nature of the Easements and Rights. The Access Easement and the rights and
obligations created herein shall run with the land, shall be binding upon and inure to the benefit
of the Apartment Parcel and the Retail Parcel and all persons having an interest therein other
than those having such interest merely as security for the performance of an obligation. The
terms "Owner", "MRMH", or "FLH" shall refer to the record owner(s) of fee simple title to the
Apartment Parcel and the Retail Parcel, as applicable, as may be the case from time to time.
7. Insurance. At all times an Owner (or its employees, agents, contractors, invitees
or lessees) exercises rights hereunder involving entry upon another Owner's Parcel, such Owner
shall maintain or cause to be maintained, commercial general liability insurance in an amount not
less than Two Million Dollars ($2,000,000) (which amount may be covered by a combination of
commercial general liability and umbrella/excess coverage) naming the Owner of the Parcel
being entered upon as an additional insured. Any Owner may require reasonable increases to the
amount of such insurance from time to time.
8. Indemnification. Each Owner (the "Indemnifying Owner") shall indemnify and
hold the other Owner (the "Indemnified Owner") harmless from and against any and all losses,
damages, claims, liabilities and expenses, including without limitation reasonable attorneys' fees
(collectively "Losses"), incurred by the Indemnified Owner and arising out of or in connection
with (i) acts or work performed by the Indemnifying Owner, its contractors, employees, agents,
licensees, lessees or invitees on the Indemnified Owner's Parcel; (11) the exercise of any rights
under this Agreement by the Indemnifying Owner, its contractors, employees, agents, licensees,
lessees or invitees; or (iii) any mechanic's lien filed on the Indemnified Owner's Parcel as a result
of work performed by, or at the request of, the Indemnifying Owner, but in the case of (i) and
(ii), only to the extent such Losses (a) are in excess of insurance proceeds to which the
Indemnified Owner is entitled with respect thereto, and (b) were not caused by the negligence or
intentional misconduct of the Indemnified Owner, its contractors, employees, agents, licensees,
lessees or invitees.
9. Dedication of Access Easement Area_and Access Facilities. Notwithstanding
anything to the contrary in this Agreement, MRMH shall have the nght in its sole discretion to
dedicate the Access Easement Area and Access Facilities to the city, township or other
governing body in which the property is located and, upon such dedication, this Agreement shall
automatically terminate (provided that any payment or indemnity obligations relating to periods
prior to the dedication shall survive the termination of this Agreement).
10. Miscellaneous.
a. No Waiver. No delay or omission of any Owner in the exercise of any
right accruing upon any default of any other Owner shall impair any such right or be
construed to be a waiver thereof, and every such right may be exercised at any time
during the continuance, of such default. A waiver by any Owner of a breach or a default
of any of the terms and conditions of this Agreement by any other Owner shall not be
construed to be a waiver of any subsequent breach or default of the same or any other
provision of this Agreement.
b. Remedies. The remedies expressly provided for in this Agreement shall
be in addition to and not in substitution for or exclusion of any other rights and remedies
which an Owner may have under this Agreement or at law or in equity.
C. Severability. In the event any provision or portion of this Agreement is
held by any court of competent jurisdiction to be invalid or unenforceable, such holding
will not affect the remainder hereof, and the remaining provisions shall continue in full
force and effect at the same extent as would have been the case had such invalid or
unenforceable provision or portion never been a part hereof.
d. Estoppel Certificates. Each Owner shall, upon not less than fifteen (15)
days from receipt of written notice from another Owner, execute and deliver to the
requesting Owner a certificate in recordable form stating: (i) either this Agreement is
unmodified and in full force and effect or is modified (and stating the modification), and
(ii) whether or not, to the best of its knowledge, such other Owner is in default in any
respect under this Agreement and if in default, specifying such default.
e. Notices. Any notice required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been delivered three (3)
business days after deposit in the United States Mail as Certified Mail, Return Receipt
Requested, postage prepaid, or one (1) business day after deposit with signed receipt to
any national overnight courier for next business day delivery, in each case addressed to
the Owner at the current address on file with the real property taxing authority for such
Owner's Parcel, or upon delivery in hand at such address (or refusal if refused). Upon
written notice from either party, notice shall also be provided to the mortgage holder of
the applicable Parcel and to the primary tenant for the same and such parties shall have
the same right to enforce, or cure, defaults according to the terms hereof, as the Owner of
such Parcel would have.
f. Choice of Law and Venue. This Agreement shall be governed in all
respects by the laws of the State of Indiana without reference to its or any other state's
choice of law principles or rules. Venue for any legal proceeding arising out of this
Agreement shall be exclusive to courts located in Hamilton County, Indiana.
g. Attorneys' Fees. In the event legal action is instituted to interpret or
enforce the provisions of this Agreement, the prevailing party shall be entitled to recover
from the non-prevailing the prevailing party's reasonable costs and attorney's fees,
including all costs and fees that are incurred in any trial, on any appeal and/or in any
bankruptcy proceeding. For purposes of this Agreement, "prevailing party" shall include
a party obtaining substantially the relief sought, whether by compromise, settlement or
otherwise.
h. Not a Public Dedication. | Nothing herein contained shall be deemed to
be a gift or dedication of any portion of the property described herein to the general
public, or for any public use or purpose whatsoever.
i. Effective Upon Conveyance. To the extent not already effective under
Indiana law, this Agreement and the Access Easement described herein shall become
effective immediately upon the conveyance by FLH to MRMH of the Apartment Parcel.
j. Term. The term of this Agreement and the rights and obligations of the
Owners and their successors and assigns shall, absent a mutual written termination,
continue in perpetuity or, if the length or indefinite nature of such term would violate a
statutory or common law rule against perpetuities, then the term shall continue for such
maximum length of time as is allowed by applicable laws.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates of
notarization below to be effective as of the Effective Date.
MRMBH:
MICHIGAN ROAD MULTIFAMILY
HOLDINGS, LLC, an Indiana limited liability
company
By: XD.
FredM. Fehsenfeld, Jr., Authorized Signatory
STATE OF Inde )
ySS COUNTY oF Hawi\-on )
On this Pay of May, 2024, before me personally appeared Fred M. Fehsenfeld, Jr.,
Authorized Signatory for Michigan Road Multifamily Holdings, LLC, who acknowledged the
execution of this Variable Width Access Easement for and on behalf of said company.
IN WITNESS WHEREOF, [ have hereunto set my hand and affixed my notarial seal the
day and year last above written. jb Biden
Print Name: Jean Kec “Lb. Cohen
My Commission Expires: Notagg®usiiony and for said County and State y p wel a, y
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Signature Page to Variable Width Access Easement
FLH:
FEHSENFELD LAND HOLDINGS, LLC,
an Indiana limited liability company
By: Ninh
Fred M. F ehsenfeld, Jr., Authorized
Signatory
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STATE OF AGUG@ ace )
) COUNTY orldowil tin)
Before me, a Notary Public in and for said County and State, personally appeared Fred
M. Fehsenfeld, Jr., authorized signatory for Fehsenfeld Land Holdings, LLC, who acknowledged
the execution of the foregoing Variable Width Access Easement for and on behalf of said
company.
SS:
4 WITNESS my hand and Notarial Seal on this | iu Jt day of May, 2024.
re wfc Sadon
Print Name: Sens ee L.. 4 Pechen
Notary Public in and for said County and State
My Commission Expires:
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[ affirm, under the penalties for perjury, that [ have taken reasonable care to redact each Social
Security number in this document, unless required by law. Jason A. MeNiel.
This instrument prepared by and to be returned upon recording to: Jason A. MeNiel, ICE
MILLER LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282.
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Signature Page to Variable Width Access Easement
Exhibit A
FLH Property
Part of the Northwest Quarter of Section 6, Township 17 North, Range 3 East in Hamilton County, Indiana
more particularly described as follows:
Beginning on the South line of the Northwest Quarter of Section 6, Township 17 North, Range 3 East
1050.72 feet North 89 degrees 29 minutes 25 seconds West (assumed bearing) from the Southeast corner
thereof; thence North 00 degrees 49 minutes 45 seconds East parallel with the East line of said Quarter
814.31 feet to a point 1837.04 feet South 00 degrees 49 minutes 45 seconds West of the North line of said
Northwest Quarter; thence North 89 degrees 29 minutes 25 seconds West parallel with the South line
aforesaid 754.46 feet; thence South 08 degrees 49 minutes 12 seconds West 11.50 feet; thence South 73
degrees 02 minutes 12 seconds West 648.99 feet to the centerline of U.S. Highway #421; thence South 14
degrees 22 minutes 48 seconds East on and along said center line 629.59 feet to the South line of said
Quarter; thence South 89 degrees 29 minutes 25 seconds East on and along said South line 1208.85 feet to
the beginning point, containing 23.00 acres more or less.
Excepting therefrom that real estate conveyed to the State of Indiana by Warranty Deed recorded Apmil 25,
2000, as Instrument 200000019725, and re-recorded October 7, 2004, as Instrument 200400069561, and
more particularly described as follows:
A part of the Northwest Quarter of Section 6, Township 17 N, Range 3 East of the Second Principal
Meridian, Hamilton County, Indiana, and being all that part of the owner’s land lying within the night of way
lines of parcel 31 as depicted on the attached Right of Way Parcel Plat, also described as follows:
Commencing at the southeast comer of the Northwest Quarter of said Section 6; thence North 89 degrees 39
minutes 09 seconds West 672.792 meters (2207.32 feet) along the south line of said quarter section to the
eastern boundary of U.S. 421 and the Point of Beginning of this description: thence North 15 degrees 48
minutes 20 seconds West 197.037 meters (6.46.45 feet) along the boundary of said U.S. 421 to the northern
line of the owner’s land; thence North 71 degrees 28 minutes 33 seconds East 5.766 meters (18.92 feet)
along said northern line; thence South 15 degrees 48 minutes 20 seconds East 95.823 meters (314.38 feet) to
the point “784” as shown on said Right of Way Parcel Plat; thence South 11 degrees 30 minutes 59 seconds
East 40.112 meters (131.60 feet) to point “783” as shown on said plat; thence South 15 degrees 48 minutes
20 seconds East 62.387 meters (204.35 feet) to the South line of said quarter section; thence North 89
degrees 39 minutes 09 seconds West 2.873 meters (9.43 feet) along said south line to the point of beginning
and containing 0.089 hectares (0.221 acres), more or less.
Exhibit B
Apartment Parcel
Part of the land conveyed to Fehsenfeld Land Holdings, LLC recorded as Instrument Number
201207077 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest
Quarter of Section 6, Township 17 North, Range 3 East of the Second Principal Meridian in the
City of Carmel, Clay Township of Hamilton County, Indiana, being more particularly described
by Anthony B. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on May 13, 2024, as
follows:
COMMENCING at the southeast corner of said quarter section; thence South 89 degrees 38
minutes 34 seconds West (Indiana State Plane - East Zone Grid Bearings) along the south line of
said quarter section a distance of 1,049.97 feet to the POINT OF BEGINNING; thence continuing
South 89 degrees 38 minutes 34 seconds West along said south line a distance of 1,147.18 feet
to the east right-of-way of Michigan Road as described in Instrument Number 200400069561 as
recorded in said recorder's office; thence North 16 degrees 30 minutes 37 seconds West along
said east right-of-way a distance of 145.89 feet; thence North 73 degrees 29 minutes 23
seconds East a distance of 120.62 feet to a point on a tangent curve to the left having a radius
of 459.50 feet, the radius point of which bears North 16 degrees 30 minutes 37 seconds West;
thence northeasterly along said curve an arc distance of 205.51 feet to a point which bears
South 42 degrees 08 minutes 06 seconds East from said radius point; thence North 16 degrees
30 minutes 37 seconds West parallel with said east right-of-way a distance of 463.91 feet to the
south line of the real estate conveyed to Donna Nelson as recorded as Instrument Number
2020038391 in said recorder's office; thence North 72 degrees 10 minutes 11 seconds East
along said south line a distance of 284.19 feet to the southeast corner of said real estate;
thence North 07 degrees 57 minutes 11 seconds East along the east line of said real estate a
distance of 11.60 feet to the southwest corner of Lot 4 in Woodhaven Section One per plat
thereof as recorded in Plat Book 9, pages 22-24 in said recorder's office; thence North 89
degrees 38 minutes 34 seconds East along the south line of said Woodhaven Section One a
distance of 754.46 feet; thence South 00 degrees 02 minutes 16 seconds East a distance of
814.80 feet to the Point of Beginning, containing 18.596 acres of land, more or less.
B-1
Exhibit C
Retail Parcel
Part of the land conveyed to Fehsenfeld Land Holdings, LLC recorded as Instrument Number
201207077 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest
Quarter of Section 6, Township 17 North, Range 3 East of the Second Principal Meridian in the
City of Carmel, Clay Township of Hamilton County, Indiana, being more particularly described
by Anthony B. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on May 13, 2024, as
follows:
COMMENCING at the southeast corner of said quarter section; thence South 89 degrees 38
minutes 34 seconds West (Indiana State Plane - East Zone Grid Bearings) along the south line of
said quarter section a distance of 2,197.15 feet to the east right-of-way of Michigan Road as
described in Instrument Number 200400069561 as recorded in said recorder's office; thence
North 16 degrees 30 minutes 37 seconds West along said east right-of-way a distance of 145.89
feet to the POINT OF BEGINNING, the following three (3) courses run along said east right-of
way; (1) thence continuing North 16 degrees 30 minutes 37 seconds West a distance of 58.47
feet; (2) thence North 12 degrees 13 minutes 16 seconds West a distance of 131.60 feet; (3)
thence North 16 degrees 30 minutes 37 seconds West a distance of 312.28 feet to the westerly
extension of the south line of the real estate conveyed to Donna Nelson as recorded as
Instrument Number 2020038391 in said recorder's office; thence North 72 degrees 10 minutes
11 seconds East along said westerly extension of south line and said south line a distance of
309.58 feet; thence South 16 degrees 30 minutes 37 seconds East parallel with said east right-
of-way of Michigan Road a distance of 463.91 feet to a point on a non-tangent curve to the
right having a radius of 459.50 feet, the radius point of which bears North 42 degrees 08
minutes 06 seconds West; thence southwesterly along said curve an arc distance of 205.51 feet
to a point which bears South 16 degrees 30 minutes 37 seconds East from said radius point;
thence South 73 degrees 29 minutes 23 seconds West a distance of 120.62 feet to the Point of
Beginning, containing 3.553 acres of land, more or less.
C-1
Exhibit D
Access Easement Area
Part of the land conveyed to Fehsenfeld Land Holdings, LLC recorded as Instrument Number
201207077 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest
Quarter of Section 6, Township 17 North, Range 3 East of the Second Principal Meridian in the
City of Carmel, Clay Township of Hamilton County, Indiana, being more particularly described
by Anthony B. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on May 13, 2024, as
follows:
COMMENCING at the southeast corner of said quarter section; thence South 89 degrees 38
minutes 34 seconds West (Indiana State Plane - East Zone Grid Bearings) along the south line of
said quarter section a distance of 2,197.15 feet to the east right-of-way of Michigan Road as
described in Instrument Number 200400069561 as recorded in said recorder's office; thence
North 16 degrees 30 minutes 37 seconds West along said east right-of-way a distance of 73.89
feet to the POINT OF BEGINNING; thence continuing North 16 degrees 30 minutes 37 seconds
West along said east right-of-way a distance of 72.00 feet; thence North 73 degrees 29 minutes
23 seconds East a distance of 120.62 feet to a point on a tangent curve to the left having a
radius of 459.50 feet, the radius point of which bears North 16 degrees 30 minutes 37 seconds
West; thence northeasterly along said curve an arc distance of 205.51 feet to a point which
bears South 42 degrees 08 minutes 06 seconds East from said radius point; thence North 16
degrees 30 minutes 37 seconds West parallel with said east right-of-way of Michigan Road a
distance of 463.91 feet to the south line of the real estate conveyed to Donna Nelson as
recorded as Instrument Number 2020038391 in said recorder's office; thence North 72 degrees
10 minutes 11 seconds East along said south line a distance of 56.02 feet; thence South 16
degrees 30 minutes 37 seconds East parallel with said east right-of-way a distance of 517.38
feet to a point on a non-tangent curve to the right having a radius of 531.50 feet, the radius
point of which bears North 45 degrees 08 minutes 48 seconds West; thence southwesterly
along said curve an arc distance of 265.65 feet to a point which bears South 16 degrees 30
minutes 37 seconds East from said radius point; thence South 73 degrees 29 minutes 23
seconds West a distance of 120.62 feet to the Point of Beginning, containing 1.223 acres of
land, more or less.
D-1
Exhibit E
Pro Rata Share
(1) Apartment Parcel: 83.02%
(2) Retail Parcel: 16.98%