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HomeMy WebLinkAboutGrant of Access Easement Conn, Angelina V From: Michael L. DeBoy [mId@deboyland.com] Sent: Friday, September 04, 2009 8:01 AM To: Conn, Angelina V Cc: Christian Browning; Jamie Browning; Colin R. Patterson Subject: Lakeland Attachments: image001.jpg; Inst 2009 -53033 Lakeland Access.pdf; image003.jpg Angie, Per Mr. Browning, the Grant of Access Easement (Please see attached), states that the building of structures on the lot 2.5 must adhere to the minimum building standards of Claridge Farms, and must be approved by the Claridge Architectural Review board. No covenants govern building of structures on the 7.5 acre lot. Therefore, we will not be submitting any additional standards or covenants for your consideration. Please contact us with any questions. Thanks for your attention to this matter. Yours in Service, Mike Michael L. DeBoy, LS 501 S. 9m Street, Suite 100, Noblesville, IN 46060 Office: (317) 770 -1801 Toll Free: (888) 801 -8555 Fax: (317) 770 -1821 _DEBOY LAND DEVELOPMENT SERVICES Nww.debovland.com Designers— EngineersSSurveyors This e -mail message is for the sole use of the intended recipient(s) and may contain information that is confidential. Any unauthorized review, use disclosure or distribution is prohibited. If you are not the intended recipient(s). please contact the sender by reply e -mail and destroy the original message and any copies of the message as well as any attachments 1 Cross- referenced tofnstnrment No. recorded In the office of the Recorder of Hamilton County, Indiana OF'ACCESS EASEMENT THIS GRANT OF ACCESS EASEMENT (the Grani), made this I day of September, 2008, by Claridge Farm .Homeowner's association, Inc., an Indiana corporation .`Grantor'), and Christian Browning, and collectively with Grantor, the "Parties), WITNESSETH: Recitals WHEREAS, Grantor owns in fee sir ple' certain- real property located in Hamilton County,_ Indiana, .Which is, moire: particularly described, on Exhibit A. attached hereto and incorporated by reference: herein: (the Easement Arerl). The Grantor Tract was conveyed to Grantor by a deed recorded 9 2.003 as Instninient No. in the office of the Recorder cif Hamiltnn County, Indiana; WHEREAS, G rantee owns in fee',simple- certain real property adjacent' to the Easement Area containing approxiitiately.2.5 acres, more particularly described in Exhibit Q, attached .hereto and incorporated: herem'(the 'Grantee Traci). The Grantee was conveyed to Grantee by a deed recorded 12. 200 as Instrument No in the office of the Recorder of'Hannilton County, lniiiana WHEREAS, the access to and .froth the.Grantee Tract and Chyverton Circle tStreet)`will be via a driveway to°be constructed on the Easement Area, W1-IEREAS Grantee desires the right to ,locate utilities in= the Easement Area, and to enjoy the right to use all `roadways' and easement icated with "Claridge Farm" as such term is defined in the Declaration of Covenants° and` Re strictions for Claridge:Farm, da ted Deceiinber 1.7. 1990 and recorded December 1$: 1990 as Instrurrient No: 9030999' in the. Office of the of•Hamilton County.4iidiana as amended by the First Amendnnent to Declaration of Covenants and Restrictions, dated' November 10 1996 and recorded November 22, 1996 as Instrument No 9609649188 in :the the Recorder of Hamilton County,' Indiana, as amended the Second .kmendnnent=to Declaration o f'C ovenants and Restrictions,` dated September 17, 1997 and recorded October 29, 1997 as tnstruitnent No._9709746087 :lit, the. Office of the Recorder of t31)DB01 538O3O9v r Hamilton County, Indiana, as amended by Third Arriendrhent to Declaration of Covenants and Restrictions, dated June 11, 2007 and.recorded June 16, 2007 as Instrument No. 2007033889 in the Office of the Recorder of Hamilton County, :Indiana (the "Declaration), subject to the limitations below all capitalized ternts::_in [his Grant not otherwise defined herein shall have the- same meaning as set forth in the Declaration; WHEREAS, the Grantor- agrees to grant to Grantee an access, and utility casement on, over :,and across the Easement Area, for the. purposes of providing Grantee itS grantees, its successors :and assigns With pedestrian:aiid vehicular access to the Street and certain= "rights With regard to the- easements and common-areas' iii,Claridge Farms; WHEREAS, the: Grantor agrees to' :grant to Grantee a temporary construction:easement for the purpose of completing the "driveway; 'NOW; THEREFORE, in consideration for the terms and provisions :set forth herein. Grantor hereby grants the following easement to Grantee, on the following terrns.,and conditions. Section. 1: Grant of Access Easement:, Grantor hereby grants, creates and makes a perpetual and non exclusive access easement to and benefit of the Grantee Tract Grantee and Grantee's successors and assigns,,over „on and-across the Easement _Area (the- "Easement The Easement :and all rights in_ and to.,the 'Easement are appurtenant to the Grantee Tract and declared; created and made for the purposes of providing the Grantee Tract and,:Grantee, its invitees,- contractors, employees and agents, _and its grantees, successors and assigns with pedestrian and vehicular access to and fr the Grantee Tract and the Street over a concrete driveway, 12 feet wide; to be constructed over the Easement Area, as the same IS now or hereafter located`(the "Driveway). Section 2 Easement_Rights. Grantee; shall ;have access to the: Easement Area= to. do all acts and t pr_udent' or_necessary for, the full enjoyment of-its rights and; for the satisfaction of its obligations under this Grant, including, without limitation, its maintenance'obhgation under the Grant Prior" to construction of the Driveway, the location of the Easement Area may be revised upon the request ofthe owner of the:G "rantee Tract or Grantor, "subject, in either case,'to the :approval of 1th e other party,, "such approval not to be unreasonably' withheld,. The'Driveway (but not 'the renaiiider of the driveway on the- ;Grantee Tract) must_ be concrete.. The' -Dave {ay shall he maintained by the owner of Grantee Tract in a manner siniiilar to :that -.of the other' driveways Grantee 'Tract shall maintain,•Iia_bility'insurance for the Driveway at all :times and upon. the written request of Grantor,, :provide evidence. of the same. Granter Shallr rem dies available which are similar. to' those lthat at has under" the ,Declaration, In the. event.:tliat the: Owner of "the' Grantee Tract "fa to nraintairi :time Driveway :as required herein ©r tails ,eto n atnta ri the .required insurance Grantor her ex pressly permits Easement to be used for pedestrian, :traffic and golf cart-and Emergency vehicular, access by the real estat iocated •to' the'-east,-of f the Grantee Tract nd west of C Iay Center Road which real -estate- is currently owned by BBrowning -and is snore .particularly described "on Exhibit C, attached heretoNand made a pa rt hereof (the 'Browning Farcei7_ Gr gra such` rights to Browning, as the .owner of the Browning Parcel, as to :his successors and assigns. If so' requested by :Biownmg=:a direct easenment.: for this use shall be granted by the grant of Associatio n .:in favor, c f-`the'l3rowning Parcel, so long as all- costs related thereto are reintbursed by Browning: Secti ©il`'3 Dr1 v e way Coristrtictiori.. and Temporary Construction Easement:- The Driveway shall be constructed. in :accordance with applicable laws, Grantor hereby grants to Grantee a temporary easement toenter-upon.and use: the those portions of its real estate adjacent to the Easement Area: which ate uiithin. fifteen :(1.5)' feet of.: the Easement Area for the purpose .completing the 'construction of the driveway (the .Temporary Easement). The Temporary Easement shall Jen-in fate` upon the earlier -of .the completion of the Driveway or December 31, 2013: Secti ©n Easement Fee. In consideration for Grantai's grant of the Easement. Grantee shall: pay- the suni of Fifteen'Tf ousand Dollars (S1 the receipt of which is herebyy acknowledged in addition_ Grantee shall reimburse Granter for its reasonable' attorney fees relateci:to thepreparatittct of this.Gratii. As additional consideration; Grantee has also agreed to certain restrictions to.be placed on the Browning Tract pursuant :to a recorded agreement burdening the same and= rttnnin6 in favor of the Grantor; Section 5: Additional Rights., Without limiting, the rights, generally available to the owner of the .Cirantee Tract,, they," together With their ,irnniediate fariily and up to four (4) guests, shall have the rightto "use. all 'Cdinmon Areas, as,such defined in the Declaration, including the swimming pool,.club house facilities in the sane :manner and subject to the same rules of .other owners' lir Claridge Farms. In consideration for such use the owner of the Grantee Tract shat. pay the same -quarterly assessment: as is charged to the Owners of other Lots -in Claridge Farms, Section o. Mechanics •Liens, The Parties shall -promptly discharge for cause to be discharged) all niechanic°s, laborer's, nnaterialmei s, suppliers or vendors liens arising out of -or connected with their respective :maintenance, repair and.use off the Easement Area, and each shall indemnify and hold the other harrnless.therefrorn. Section 1. :Nature of Easements.. and Riuhts. The :Easements created herein shall be perm anent and perpetual, :and, together with'- =the olligatiots, rights and benefits thereof, shall (i) run with ;the applicable :tract.(ii) inure tp_the benefit of:and, bind the owner ,of the applicable tract and _their grantees, successors and assigns. Section tl: Notices Notices or .other communication hereunder shall be in, writing and Shall be sent, certified or registered trail, return receipt requested, or by other national OVernight coti_rier-company or personal- delivery:. Notice shall be deemed given upon receipt or refusal to accept delivery. Each'.Party=maytchaniie from time. to time their-- respective address for notice hereunder by like notice =to the other Party The notice address.of`the Parties are as follows: Grantor: -3- inat al Grantee: td •Section9, Utility Easement,. Grantor hereby declares creates.. and grants:. ;a non exclusive utility easement (the "Utilhty::Easemen) in on, across;- under; and through the Easement Area for by Grantee for the'inaintenance, repair and replacement of underground- lines, cables; pipes and other equipment, facilities' and systems for the purpose of furnishing`and distributing: electric drainage, gas, water and sanitary-.: sewer utility services (the 'FaeilitieF) and the right to "tap- iii'.' or connect to any such utilittes:in 'the Street. Grantee: shall :be responsible, at its sole cost and :expense for the installation' of -the: Facilities on or acro the Easement Area Grantee shall be responsible for alt maintenance and repairs of the Facilities: Upon completion of any repair or maintenance work' :permitted hereby, within and Open the Easement- Area,. Grantee shall restore the Easement-Area as- nearly as,practicable to its 'coiidition. exi prior'to the. comrncncenient :of such. work Grantee: slial l coordinate any repairs or- maintenance of the Facilities with.Grantor. The Utility Easernentshall be included in the ,defined term F "Easement" except where the content of theiuording.was clearly implied otherwise. Section -10. Use Restrictions: The Grantee is not a "Lot" as defined in the ;Declaration except.as expressly set forth. herein; the-owner of the Grantee Tract shall have no ;rights er obligations under the Declaration.. Notwithstanding such fact, however „:the Grantee Tract 'Shall be subject to the followingrestricti'oiiS: :(a) The Grantee Tr be used o "residential purposes=: home business shall be permitted only to the extenrthe saute° are in compliance with all governmental rites, regulations "and; ordinances,. No more than two (2) residences and one (1) detached barnlgarage may be'constriicted on the Grantee Tract: (b) The: terms of Section. l 1(b) of the Declaration. shall, apply to each of the'residences on the Grantee Tract: -The barn! garage shall consist of no.iilore °than I 309sgiiare feet and shati not be rti than 3.0 feet. high: (e) No building or struct (exclu fences) s hall b e: constructed within- fifty (''50) feet of the north`boundaiy of C'- larictge Farms (the- `7slorth Property Line A bike path and related intprovernents connecting, the Driveway with the Browning Parcel is'.'.perrnitted=withiti Said.setback: (d) Section 1 1(c) of the Deelaration.shall :;apply toe the Grantee Tract; previded;that, during,construction a construction trailer.shall be;perinitted, s© :long as .the same is not within the.59 toot setback as; to subsection (c) above.. Once construction cOnst residence or sti iieture ,on,. Grantee T ract.has. coninfericed,. the same shall be completed within eighteen (18) months of the date construetioti` commenced; subject to: ;force i tajeure and other events; beyond Said; owriet's control The owner sha11 be solely responsible for alt- damage to the;'Common Areas or _ether property in Cla ,Fauns resulting. °from its .construction activities on the Grantee Tractor said owners negli acts,- including, without Eim,itat�on citrnriage :to the brick pavers at the intersection of Chyverton Circle and North Claridge Way, or elsewhere in Claridge, Farms, as a result of owner's eoristruetion.traff_ic., (e) The Grantee Tract,shall be subject to Section 14(h) "of the Declaration. (f) No -more than five (5) passenger vehicles shall be visible from Chyverton Circle; all other vehicles shall be stored in a garage or shed when not in use. (g) Sections 12(d), (e), (1) and (g) shall apply to the Grantee Tract. (h) No exterior lightS'sliall be maintained" as to shine or reflect directly on any Lot in Claridge Farm Section 11. Architectural Review. All residences,. buildings and a line fencing to be constructed on the Grantee Tract shall be. subject to review. and approval of the Architectural Review Board as defined in the Declaration; provided however, such approval shall not be unreasonably conditioned, delay, or withheld. In. determining such approval, the Architectural Review Board shall consider as part of the reasonableness, of the approval, the distance of the proposed innprovenient -from C_ laridge Farms .and the screening located or agreed to be located between the improvement .and Claridge Farms. All residences on the Grantee Tract located in a the area between (i) the 50 foot set back provided in Section 10 above and (ii) a line sixty feet north of the North Property Line, shall be screened by landscaping customary for similar developments_ In addition, if approval is not denied by the.Architectural Review I3oard.within sixty (60) days of,submission ;,by the owner of the Grantee Tract;' "which denial shall include a detailed explanation of the for then Grantor shall be cleenied to have approved the same Section 15(i) of Declaration•shall not apply to Grantee Tract_ Section l'2 Breach„and Attorneys. Fees, .In the. event of any dispute with respect to. any of the covenants or:-agreernents contained herein, the prevailing party or parties in such dispute shall be entitled to recover from the no n prevailing party or :parties in such dispute all costs and expenses, including reasoriab1e attorneys fees, which may arise or accrue from enforcing this Agreement or in pursuing.any,t provided by this Agreement or the laws of the State of Indiana, whether_sttch remed_y;is` pursued by filing suit. or;ather.vise.' In the event of a breach of this Agreeiiient':,by either Party,. -the non breaching Part shall be entitled in addition to those remedies set forth herein,:to all.rights and remedies at.law`or in equity. -5- of