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Home My WebLink AboutGeneral Warranty Deed RECORDED DULY ENTERED FOR TAXATION G. Subject to final acces ance for transfer ;;;;;;;;;;;:7 NWA DE $20 00 _day of 2021 i ll Auditor of Hamilton 06:52P 3 PGS yden ty Re rye rese, r N° 00 Parcei #l7- o4 -a8 -oo -0(.00 fa. ed� 2C)( 'RE CENED GENERAL WARRANTY DEED q �Co o1 J`il it DOGS THIS INDENTURE WITNESSETH, That BRENWICK TND COMMUNI LLC, an Indiana limited liability company (Grantor) CONVEYS AND WARRANR ..9 O_ J f PRUDENTIA, LLC, an Indiana limited liability company "Grantee for the sum of One I?i71 "ai 1 ($1.00) and other valuable consideration, the following described real estate in Hamilton County, Indiana: A part of Block "D" of the Plat of Village of West Clay, Section 3004 Village Center, Part 1 as recorded in Instrument No. 199909965089, Plat Cabinet 2, Slide 345, also being a part of the Southwest Quarter of Section 28, Township 18 North, Range 3 East of the 2 Principal Meridian, Clay Township, Hamilton County, Indiana described as follows: COMMENCING at the northwest corner of Block "D" of said Village of West Clay, Section 3004; thence North 89 degrees 51 minutes 51 seconds East (bearings based upon said Plat) along the north line of said Block "D" (also being the south line of Broughton Street per said Plat) a distance of 130.62 feet to the Point of Beginning; thence continuing North 89 degrees 51 minutes 51 seconds East along said north line a distance of 101.00 feet; thence South 00 degrees 08 minutes 09 seconds East parallel with the west line of said Block "D" a distance of 84.50 feet; thence South 89 degrees 51 minutes 51 seconds West parallel with the north line of said Block "D" a distance of 101.00 feet; thence North 00 degrees 08 minutes 09 seconds West parallel with the west line of said Block "D" a distance of 84.50 feet to the Point of Beginning, containing 0.20 acres, more or less (the "Real Estate Subject to the lien of real estate taxes not yet due or payable; all easements and restrictions of record, including but not limited to those disclosed on the Plat; Commitments Concerning the Use of Real Estate Made In Connection With a Rezoning recorded as Instrument Nos. 9928950, 9928951, 9928952, 9928953, 9928954 and 9928955; the Declaration of Covenants and Restrictions for the Village of WestClay recorded as Instrument No. 9946964, as the same may be amended, modified or supplemented, including but not limited to the Village Center Supplemental Declaration recorded as Instrument No. 9969688 (the "Declaration public rights -of -way; and the assessment and other rights of The Village of WestClay Owners Association, Inc. and WestClay Village Owners Association, Inc. Grantee, by acceptance of this Deed, covenants and agrees for itself and its successors -in- interest to the Real Estate that during the Restricted Period (i) the maximum gross square footage of Commercial Space in buildings located on the Real Estate shall not exceed 4,308 square feet, and (ii) no more than one (1) dwelling unit shall be located on the Real Estate. As used herein: (a) "Authorizing Authority" means (i) prior to the Applicable Date, Grantor and, if required by the Zoning Ordinance, the Zoning Authority, and (ii) subsequent to the Applicable Date, the Zoning Authority. (b) "Commercial Space" means building floor area used or held for use for a purpose authorized in Section 5.1.D of the Zoning Ordinance. (c) "Restricted Period" means (i) with respect to Commercial Space the period during which the maximum square footage of Commercial Space in the Village of WestClay is limited by the provisions of the Zoning Ordinance, and (ii) with respect to dwelling units, the period during which the number of dwelling units in the Village of WestClay is limited by the provisions of the Zoning Ordinance. (d) "Zoning Ordinance "Zoning Authority "Applicable Date and "dwelling units" have the meanings set forth in Paragraph 1 of the Declaration. The foregoing covenants and agreements (the "Square Footage and Use Restrictions shall be an independent real covenant running with the land and may be enforced by Grantor, its successors or assigns or, after the Applicable Date, by WestClay Village Owners Association, Inc. or by the Zoning Authority (each, an "Enforcing Party by an action for damages, for specific performance or for an injunction. An Enforcing Party shall be entitled to its out -of- pocket costs and expenses, including reasonable attorneys' and paralegal fees, incurred in enforcing its rights in connection with the Square Footage and Use Restrictions. An Enforcing Party may pursue any one or more of the above described remedies and any other remedy available at law or in equity separately or concurrently. This conveyance is made subject to the condition, and by acceptance of this Deed Grantee covenants and agrees with Grantor, that if, and so long as, Abby, Inc. d /b /a Belleria, its successors or assigns is operating an Italian restaurant and /or deli in the Village of WestClay, prior to January 1, 2013, the Real Estate, any improvements thereon, or any part thereof, shall not be used for the sale of hot pizza for off premise consumption. The foregoing covenant and agreement is referred to hereinafter as the "Exclusive Use Restriction The Exclusive Use Restriction constitutes the grant of an exclusive use to Abby, Inc. within the scope of Paragraph 10(b) of the Village Center Supplemental Declaration recorded as Instrument 9969688. The Square Footage and Use Restrictions and the Exclusive Use Restriction shall be binding upon Grantor, Grantee and their respective successors and assigns. The Square Footage and Use Restrictions shall inure to the benefit of and may be enforced by an Enforcing Party and no other person or entity. The Exclusive Use Restriction shall inure to the benefit of and may be enforced by Grantor, its successors or assigns, or by Abby, Inc., its successors or assigns (the "Benefitted Parties and by no other person or entity. Grantor and Grantee agree that, upon the request of an Enforcing Party or a Benefitted Party, and within twenty (20) days of such request, the non requesting party shall execute a certificate in recordable form with respect to the status of compliance with this Deed setting forth that to the knowledge of the certifying party all terms and conditions of this Deed have been satisfied or complied with (or specifying those terms and conditions of this Deed which have not been satisfied or complied with), and setting forth such additional information as reasonably requested by the requesting party. If any party fails to execute and deliver such certificate within the twenty (20) day period, then the non requesting party irrevocably appoints the requesting party as its attorney -in -fact, in the non requesting party's name, to execute such certificate. The undersigned person executing this Deed on behalf of Grantor represents and certifies that he is a duly authorized Co- Manager of Grantor and has been fully empowered, by the Operating Agreement of Grantor, to execute and deliver this Deed; that Grantor has full capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed this ai4`tla of June, 2009. BRENWIC ND COMMUNITIES, LLC By: George Sweet -Manag -2- STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared George P. Sweet, a Co- Manager of Brenwick TND Communities, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing Deed for an on behalf of said Grantor, and who, having been first duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notary Seal this ozi day of June, 2009. Notary Public residing in Hendricks County Marie M. Urick (printed signature) My Expires: C 4 y24 23 15 C SEND TAX STATEMENTS TO: Prudentia, LLC 12821 East New Market Street, Suite 103 Carmel, IN 46032 This instrument prepared by Tom Charles Huston, Attorney at Law, 12821 East New Market Street, Suite 200, Carmel, Indiana 46032 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. Tom Charles Huston -3-