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DECLARATION OF ACCESS AGREEMENT
THIS DECLARATION is dated April ____, 2025, and is made by BILL ESTES REALTY,
LLC, an Indiana limited liability company (“Declarant”).
Recitals:
A. Declarant is the owner of certain real estate in Carmel, Hamilton County, Indiana, as
more particularly described in Exhibit “A” attached hereto and made a part hereof (the “Real Estate”).
B. Declarant desires to allow for vehicular and pedestrian ingress and egress over and
across a limited portion of the Real Estate for the benefit of the entity and persons described below and
for the purposes set forth herein, all upon the terms and conditions of this Declaration.
Terms:
In consideration of the premises and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Declarant hereby declares the following:
1. A non-exclusive right of access (the “Access Agreement”) shall exist upon a portion of
the Real Estate. The portion of the Real Estate which is subject to the Access Agreement is depicted
and labeled on Exhibit “B” attached hereto and made a part hereof (the “Access Agreement Area”).
The Access Agreement Area may be relocated by the Declarant. No other portion of the Real Estate is
subject to the Access Agreement. The Access Agreement Area shall be used solely for pedestrian and
vehicular traffic and deliveries and shall exist only for the benefit of Jacquie’s Incorporated
(“Jacquie’s”), and those persons to whom Jacquie’s grants the right to use same, provided such grant is
limited to Jacquie’s customers, employees, invitees and suppliers (collectively, the “Jacquie’s
Grantees”). This Access Agreement is personal to Jacquie’s and shall not run with any land owned by
or under the control of Declarant. Declarant and its assigns, tenants and/or invitees may use the Access
Agreement Area for any use or purpose that does not materially interfere with the right granted to
Jacquie’s by this Declaration.
2. If any portion of the Access Agreement Area is damaged by Jacquie’s or any Jacquie’s
Grantees, then Jacquie’s shall, at its sole cost and expense, repair and restore the surface of the Access
Agreement Area to substantially the same condition which existed immediately prior to any such
disturbance.
3. Declarant may amend, restate or terminate the Access Agreement at any time. In such
event, Declarant shall record such amendment, restatement or termination of the Access Agreement
with the Office of the Recorder of Hamilton County, Indiana.
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IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the date
written above.
BILL ESTES REALTY, LLC
By:___________________________________
William E. Estes, President
“Declarant”
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared William E.
Estes, President of Bill Estes Realty, LLC, an Indiana limited liability company, who acknowledged
the execution of the foregoing Declaration for and on behalf of said company.
Witness my hand and Notarial Seal this ____ day of April, 2025.
( ) Notary Public
My Commission Expires: ______________ My County of Residence Is: ________________
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CERTIFICATE OF PROOF
WITNESS to the signature(s) on the foregoing instrument to which this Proof is attached:
_____________________________
Witness Signature
_____________________________
Witness Printed Name
PROOF:
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, on this date, personally appeared
the above named WITNESS to the foregoing instrument, who, being by me duly sworn, did depose
and say that he/she knows William E. Estes to be the individual described in and who executed the
foregoing instrument; that said WITNESS was present and saw said William E. Estes execute the
same; and that said WITNESS at the same time subscribed his/her name as a witness thereto.
Witness my hand and Notarial Seal this _____ day of April, 2025.
_________________________________
( ) Notary Public
My Commission Expires: ___________ My County of Residence Is: ______________
This instrument prepared by: Brian J. Tuohy Esq., Tuohy Bailey & Moore LLP, 9294 North Meridian Street, Indianapolis,
IN 46260.
I affirm, under penalty of perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Brian J. Tuohy, Esq.
G09/9477Amh
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EXHIBIT “A”
Legal Description of Real Estate
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EXHIBIT “B”
Depiction of Access Agreement Area