HomeMy WebLinkAboutDeclaration of Covenants & Easements - AMENDED & RECORDEDRequested e}i: BLN 1000561 42120/2011)
0002957 03/E7/0400 03 : 04P i of 46
.`� Ma.ryin J. Smith, Boone County Recorder
Cross - referenced to instrument No, ate'~~'
In the Office ofthe Recorder of Boone County
,MELDED AND RESTATED
DECLARATION OF COVENANTS AND EASEMENTS
TICS AMENDED AND RESTATED DECI$RATION ( "Declaration "), executed on this
.231eA day of March, 2000, by BENNETT FAMILY FARM, INC, an Indiana corporation (the
"Declarant "), WITNESSES THAT:
WHEREAS, Declarant owns in fee simple the real property that is located in Zionsville, in
:Boone County, Indiana, ' as more particularly described in Exhibit A, attached hereto and
incorporated herein by reference (the "Real Estate ");
WHEREAS, the deed conveying the Real Estate to Declarant was recorded in the Office of
the Recorder of Boone County, Indiana, on May 15, 1989, as Instrument No. 2317, Book 233, Page
604.
WHEREAS, Declarant is developing the Real Estate as Bennett Technolbgy Park (the
"Project ");
WHEREAS, Declarant executed that certainDealaration of Covenants an dBas ements, dated
as of January 20, 2000, and recorded on January 25, 2000 as I strutnent No, 0000815 in the Office
ofthe Recorder of Boone County, Indiana (the 'Oxigival Declaration"); •
WHEREAS, Declarant, pursuant to the Amendments and Supplements Section of the
Original Declaration and as the Owner of more than 50% of the aggregate gross acreage iri• the
Project, desires to amend and restate the Original Declaration to (i) clarify the covenants, conditions,
terms or provisions of the Original Declaration without materially ahangang the substance thereof,
(ii) to clarify,, tither define, and limit easements reserved in Article 1, Section 5, ofthe Original
Declaration; and (iii) to change the substance of covenants, conditions, tenns, and provisions of the
Original Declaration, without such change materially increasin g the obligations of any Owner under
any covenant, condition, term, or provision,;
WHEREAS; each parcel of real property within the Real Estate and the Projedt hereinafter
is referred to as a "Parcel," and each owner of a Parcel hereinafter is referred to as an "Owner;"
WHEREAS, Declarant, the Owners, and the current and future mortgagees, grantees, assigns,
and successors of Declarant and the Owners hereinafter are referred to as•the "Parties in Interest;"
2012042119 DELL $104.00
07/24/2012 02:07 :29P 46 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
Requested By: BIN 100058 12120/2010
0002957 03/27/200 03 :04P e of 40.6
MaryJan J. Safi Lehd Paone County my Rec or,dor°
WHEREAS, Declarant may acquire, convey, or develop other real property adjacent to or
near the Real Estate (the "Adjacent Real Estate "), which real property Declarant may annex into, and
make a part of, the Project;
WHEREAS, each Parcel of the Real Estate upon which a building is built, constructed, or
erected hereinafter is referred to as an "Improved Parcel;"
WHEREAS, various parties may acquire mortgage, leasehold, or ownership interests in part
or all of the Real Estate and the Project, the Adjacent Real Estate, or one or more of the Parcels or
the Improved Parcels; and
WHEREAS, Declarant desires in this Declaration to provide for the construction, installation,
use, operation, maintenance, repair, and replacement of improvements, roads, equipment, fixtures,
and facilities located within and through those portions of the Project that are defined or specified
for common benefit of the Owners in this Declaration;
Agreement
NOW, THEREFORE, Declarant, in consideration of the premises, to facilitate the
development of the Project as technology /office park, and, upon the terms and provisions set forth
in this Declaration: (a) declares, creates, makes, and reserves in this Declaration certain easements
and covenants that shall bind, and shall inure to the benefit of, the Parties in Interest; and (b) reserves
certain rights in this Declaration (including, without limitation, the right to subsequently limit such
easements and/or modify such covenants), which easements, covenants, and reserved rights are as
follows:
ARTICLE I.
Easements
Section 1. Access Easements,. Declarant hereby declares, creates, makes, and reserves the
following access easements (the "Access Easements "): (a) perpetual and nonexclusive mutual
easements appurtenant to the Parcels for the benefit of the Parcels, Declarant, the Owners, and all
other Parties in Interest, each of which :easements shall be in, on, under, aver, above, across, and
through the portion of the Real Estate described and depicted on Exhibit B, attached hereto and
incorporated by reference herein; and (b) easements in gross in favor of Declarant, each of which
easements shall be in, on, under, over, above, across, and through the entirety of the Real Estate,
with the exception of that portion of the Real Estate described on Exhibit C, attached hereto and
incorporated by reference herein (the "Multifamily Tract "), The Real Estate excluding the
Multifamily Tract shall hereinafter be referred to as the "Park Real Estate ". The Access Easements,
and all rights in and to the Access Easements, are declared, created, made, and reserved for the
purposes of: (a) providing access, ingress, and egress by vehicular and pedestrian traffic to (and
from) each Improved Parcel from (and to) public streets and roadways over and across common
Requested By: BLN 100058 72120/20/0
0002957 03/27/2000 03:04P 3 ❑ f 10
Marhy1n J. Smith, Boone County Recorder
access drives, sidewalks, and walkways (the "Common Access Way(s) "); (b) providing a system for
directing and controlling the flow, progress, and pattern of the vehicular and pedestrian traffic over
and across the Common Access Ways (the "Traffic Control System "); and (c) further developing the
Project and the Adjacent Real Estate. The Traffic Control System shall include all equipment,
fixtures, and facilities connection with directing and controlling the flow, progress, and pattern of
the vehicular and pedestrian traffic; such as street lights, stop signs, and traffic direction and
information signs. As part of the Access Easements, the Common Access Ways shall include,
without limitation, Bennett Park Way, Midway Court, and Sunset Court (collectively, the "Roads "),
which are depicted and described on Exhibit D. Declarant shall construct or cause the construction
of the Roads in accordance with the standards required by the Town of Zionsville for the purpose
of dedication, and Declarant shall undertake all commercially reasonable efforts to have the Roads
dedicated for the use of the Town of Zionsville promptly after the same are completed. Further,
street lighting for Bennett Parkway shall utilize fixtures agreed upon by Declarant and the Owner
of the Multifamily Tract. If Declarant and the Owner of the Multifamily Tract cannot agree upon
the style of the fixtures, street lighting shall be provided by pole and head styles of a similar shape,
color and minium height as those installed and located in the parking lot located at 11711 North
Pennsylvania. In no event shall cobra head style fixtures be utilized. Ali of the Access Easements
shall be subject to subsequent limitation as provided in Sections 5 and 6 of this Article 1, and to the
covenants in Article 11, Sections 1 and 2, regarding use and contributions for certain expenses (the
"Owner Covenants "). In the event that one or more access ways are dedicated to and accepted for
public use by the applicable Municipality (as defined below), such access way shall be excluded
from the defined term "Roads" and from the Access Easements.
Section 2, Utility Easements. peclarant hereby declares, creates, makes and reserves the
following utility easements (the "Utility Easements'):. (a) perpetual and nonexclusive mutual
easements appurtenant to the Parcels for the benefit of the Parcels, Declarant, the Owners, and all
other Parties in Interest, each of which easements shall be in, on, under, over, above, across, and
through the portion of the Real Estate described and depicted on Exhibits El, E2 and E3 attached
hereto and made a part hereof; and (b) easements in gross in favor of Declarant, each of which
easements shall be in, on, under, over, above, across, and through the entirety of the Park Real
Estate. The Utility Easements, and all rights in and to the Utility Easements, are declared, created,
made, and reserved for the purposes of: (a) providing systems for general water delivery service,
water delivery service for irrigation and fire protection, sanitary sewer service, natural gas service,
public electrical power service, public telephone service, and other communications services to the
Parcels (collectively, the "Utility System(s)"); and (b) further developing the Project and the
Adjacent Real Estate. The Utility Systems shall include all equipment, .Fixtures, and facilities used
in connection with the Utility Easements, such as mains, pipes,, lines, valves, meters, lift stations,
and other utility facilities. All of the Utility Easements shall be subject to subsequent limitation as
provided in Sections 5 and 6 of this Article I, and to the Owner Covenants.
Section 1 Drainage Easements. Declarant hereby declares, creates, makes and reserves
the following surface and storm water drainage easements (the "Drainage Easements '): (a) perpetual
and nonexclusive mutual easements appurtenant to the Parcels for the benefit of the Parcels,
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Requested By: BLN 100058 12/20/2010
0002957 03/27/2000 03 :04P 4 of 0
Marry In J. Smith, Boone County Recorder
Declarant, the Owners, and all other Parties in Interest, each of which easements shall be in, on,
under, over, above, across, and through the portion of the Real Estate described and depicted on
Exhibits FI, F2 and F3 attached hereto and made a part hereof; and{b) easements in gross in favor
of Declarant, each of which easements shall be in, on, under, over, above, across, and through the
entirety of the Park Real Estate. The Drainage Easements, and all rights in and to the Drainage
Easements, are declared, created, made, and reserved for the purposes of: (a) providing a system of
surface and storm water drainage for the entirety of the Project (the "Drainage System "); and (b)
further developing the Project and the Adjacent Real Estate. The Drainage System shall include all
equipment, fixtures, and facilities used in connection with the Drainage Easements, such as detention
ponds, retention areas, ditches, tiles, pipes and lines,.pumps, pump stations, sprinklers, wells, and
other drainage facilities. As part of the Drainage Easements, the Drainage System shall include,
without limitation, the "Detention Ponds," which are depicted on Exhibit B. All of the Drainage
Easements shall be subject to subsequent limitation as provided in Sections 5 and 6 of this Article
1, and to the Owner Covenants.
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Section 4, Sign Easement and Greenspace Easement.
(a) Sign Easements. Declarant hereby declares, creates, makes, and reserves
sign easements (the "Sign Easements ") in, on, under, over, above, across, and through the
portion of the Real Estate identified as "Sign Easement" on Exhibit D and as described and
depicted on Exhibit G. The Sign Easements and all rights in and to the Sign.Easements are
declared, created, made, and reserved for the purposes of installing, erecting, and providing
monument signs on the Sign Easements, each of which includes a panel (individually, a
"Sign ",jointly, the "Signs") that identifies certain of the Owners and certain of the occupants
and tenants of buildings, in the Project (collectively, the "Tenants "); 'provided that the
reservation herein of the Sign Easement shall not be deemed to impose upon Declarant any
obligation to erect, install, or provide any Sign, or otherwise to exercise any of the rights
herein reserved to Declarant. Except for the Multifamily Signs, as defined in Article I,
Section 4(b) below, the responsibility of which is provided in Article I, Section 4(b) below,
the Signs shall be constructed in substantial compliance with the drawing attached hereto as
Exhibit H. The Sign shall not be replaced or reconstructed so as to materially deviate from
Exhibit H without the prior written consent of the Owner of the Multifamily Tract, which
consent shall not be unreasonably withheld. Except as provided in Subsection 4(b) below,
Declarant shall have the absolute and exclusive right, in its sole discretion, to determine,
designate, and dictate which Owners and "Tenants from time to time may use the Sign (the
"Sign Users "). The Sign Easement shall be appurtenant to the Parcels owned or occupied
by the Sign Users (the "Sign User Parcels"), and shall be deemed to be granted for the benefit
of the Sign User Parcels and the Sign Users, from time to time. The Sign Easement shall be
subject to subsequent limitation as provided in Sections 5 and 6 of this Article 1, and to the
Owner Covenants.
{b) Sign Easement for Multifamily Tract. In addition to the Sign Easements
reserved in Subsection 4(a), Declarant hereby declares, creates, makes, and reserves sign
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Requested By: BLN 100058 1212012010
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Mar,yln J. Smith, Boone County Recorder
easements in, on, under, over, above, across and through the Sign Easements appurtenant to
the Multifamily Tract for the purposes of installing, erecting, and providing two (2) single
sided panels (individually a "Multifamily Sign ", collectively the "Multifamily Signs ") on
each of the monument signs !orated on the Sign Easements (the "Multifamily Sign
Easements ") that identify the apartment community located on the Multifamily Tract. The
Multifamily Signs shall be constructed in substantial compliance with the drawing attached
hereto as Exhibit H. Notwithstanding anything in this Declaration to the contrary, the
Multifamily Signs, including its maintenance, shall remain under the exclusive control and
at the sole cost of the Owner of the Multifamily Tract; provided, however, that the Owner
of the Multifamily Tract may not replace the Multifamily Signs with sign panels of a design
other than as shown on Exhibit 11 without the prior written consent of Declarant, which
consent shall not be unreasonably withheld.
(c) Temporary Sign. Until 100 Street is widened and improved adjacent to the
Project by the Town of Zionsville, Indiana, the Owner of the Multifamily Tract may install,
construct and maintain a temporary sign in the Sign Easement located adjacent to 100 Street
as shown on Exhibit D. Such temporary sign shall comply with the applicable zoning
ordinance and any other applicable laws, rules or regulations. The style, structure and copy
of the temporary sign shall be agreed upon by the Owner of the Multifamily Tract and the
Declarant; provided, however, that such temporary sign shall identify the multifamily
community located on the Multifamily Tract in addition to the Project and/or Tenants.
Declarant shall reimburse the Owner of the Multifamily Tract for Three Hundred Dollars
(5300) of the cost of the temporary sign. Upon the substantial completion of the widening
of 1 06th Street adjacent to the Project.and to the extent necessary, the Declarant shall execute
and cause to be recorded an amendment to. ,vthis Declaration which relocates the Sign
Easement adjacent to 106th Street, such that the Sign Easement remains adjacent to the
expanded right-of-way of 106th Street, subject to the limitations provided in Sections 5 and
6 of this Article I. The Owner of the Multifamily Tract shall remove the temporary sign by
the earlier of (i) the completion of the Multifamily Sign consistent with Exhibit H in the
Sign Easement adjacent to106th Street, (ii) within sixty (60) days after the substantial
completion of the widening of 106'h Street adjacent to the Project, or (iii) six (6) months from
the date the Sign is installed in the Sign Easement closest to 106th Street.
(d) Greenspace Easements. Declarant hereby declares, creates, makes and
reserves the following park, landscaping and other greenspace easements (the "Greenspace
Easements "): (a) perpetual and nonexclusive mutual easements appurtenant to the Parcels
for the benefit of the Parcels, Declarant, the Owners, and all other-Parties in Interest, each
of which easements shall be in, on, under, over, above, across, and through the portion of the
Real Estate identified as "Tree Line" on Exhibit D for the purpose o f maintaining an existing
tree line; and (b) easements in gross in favor of Declarant, each of which easements shall be
in, on, under, over, above, across, and through the entirety of the Park Real Estate. The
Greenspace Easements, and all rights in and to the Greenspace Easements, are declared,
created, made, and reserved for the purposes of: (i) providing a system of parks, Landscaping
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Requested By: BIM 100058 12120/2010
0002957 03/27/2000 03:04P 6 of 4
Maryln J. Smith, Boone County Recorder
and similar Greenspace for the entirety of the Project (the " Greenspace System''); and (ii)
further developing the Project and the Adjacent Real Estate. The Greenspace System shall
include all equipment, fixtures, and facilities used in connection with the Greenspace
Easements, such as ponds, landscaping, sprinkler and irrigation systems and other similar
facilities. To the extent it is necessary for utility systems to cross through the Greenspace
Easement created in Subsection (a) above, the gap in the tree line created by the installation
of such Utility Systems shall be replanted to the extent possible with evergreen trees a
minimum of six (6) feet in height . at planting. All of the Greenspace Easements shall be
subject to subsequent limitation as provided in Sections 5 and 6 of this Article 1, and to the
Owner Covenants,
(e) Block E Easement. Declarant hereby declares, creates, makes and reserves
a perpetual, nonexclusive easement (the "Block E Easement ") on and over a portion of the
Real Estate, which is described end depicted on Exhibit F -3, in favor of Declarant for the
following purposes : (a) to permit the church located adjacent to I3lock E to use Block E for
church activities, including but not limited td parking, (b) the construction, installation,
maintenance.and replacement of telecommunication equipment and structures, including but
not limited to an equipment cabinet, and (c) the placement of a single sign relating to the
Project. Prior to the construction of such sign or telecommunication equipment, Declarant
shall submit plans which show the location, design and materials of such sign or
telecommunication equipment to the Owner of the Multifamily Tract for approval, which
approval shall not be unreasonably withheld.
Section 5. Easement Rights Reserved and Limited,
(a) Rights Reserved, In conjunction with the declaration, creation, making, and
reservation of the Access Easements, the Utility Easements, the Drainage Easements, the
Sign Easement and the Greenspace Easements (collectively, the "Declared Easements ".),
Declarant reserves the following rights, which rights are subject to the limitations set forth
in Subsection 5(b) of this Article I:
(i) From tirine to time, and at any time, to install, service, maintain, repair,
and replace any portion,_ the Common Access Ways, the Utility Systems, the
Drainage System, the :Sign or the Greenspace System. The rights set forth in this
clause (i} collectively are referred to as the "Easement Maintenance Rights;"
(ii) From time to time, and at any time, to execute and record, without the
consent of any Owner or Party in Interest, additional instruments that Declarant, in
its sole discretion, determines to be necessary or appropriate to accomplish the
purposes of Sections 1 through 5 of this Article I, which bind the Owners and Parties
in Interest, and: (A) limit the area of any Declared Easement; (B) define or specify
the location of any Declared Easement relocated by Declarant pursuant to clause (iii)
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Requested By: BLN 100058 12/20/2010
0002957 03/27/2000 03 :04P 7 of 46
l'laryln S. Smithy Boone County Recorder
of this Subsection; or (C) memorialize the abandonment or relocation of any
Declared Easement pursuant to clause (iii) of this Subsection;
(iii) From time to time, and at any time, to abandon or relocate any one or
more of the Declared Easements, if Declarant, in. its sole discretion, determines that
the abandonment or relocation is necessary or appropriate for: (A) compliance with
any law, statute, ordinance, rule, regulation, order, or standard of any municipality
or other political subdivision or governmental body or agency (collectively, the
"Municipality "); (B) compliance with the requirements of any public or private utility
provider (collectively, the "Utility Provider "); (C) the abandonment or relocation of
another Declared Easement; (D) the construction, erection, installation, or alteration
of a building or other improvement; or (E) the further development of the Project or
the Adjacent Real Estate, The rights set forth in this clause (iii} collectively are
referred to as the "Easement Relocation Rights;"
(iv) From time to time, and at any time, to promulgate rules and
regulations concerning the use by the Owners, the Tenants, and the visitors, invitees,
and licensees of Declarant, the Owners, and the Tenants (collectively, the "Visitors ")
of: (A) the Common .Access Ways and the Access Easements; (B) the Utility
Systems and the Utility Easements; (C) the Drainage System and the Drainage
Easements; and (D) the Greenspace System and the Greenspace Easements. Except
as provided otherwise in this Declaration, the Sign and the Sign Easement shall
remain within the exclusive control of Declarant, and Declarant shall have the right,
from time to time and at any tune, to promulgate riles and regulations concerning the
installation, use, service, maintenance;trepair; and replacement of the Sign;
(v) From time to time, and at any time, to assign to the Successor (as
defined in Article L11, Section 4, in whole or in part, any interest or rights of
Declarant in and to any one or more of the Declared Easements, together with any
or all of the rights reserved to Declarant in this Section 5;
(vi) From time to time, and at any time, to assign or dedicate to any Utility
Provider or to any Municipality, in whole or in part, any Common Access Way, the
Traffic Control System, any Utility System, the Drainage System, or the Greenspace
System, together with: (A) the easements declared, created, made, and reserved for
the Common Access Way, the Traffic Control System, the Utility System, the
Drainage System,. or the Greenspace System assigned or dedicated; and (3) any
rights reserved to Declarant that reasonably are necessary or appropriate to enable the
Utility Provider or the Municipality to provide adequate access, utility service or
surface drainage to the Parcels; and
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Requested B : Bl.IV 100058 1212012010
0002957 03/27/2000 03r04P 8 of #6
Maryln J. Smith, Boone County Recoorder,
(vii) From time to time, and at any time, to enter into any agreement with
any Utility Provider or Municipality that Declarant, in its sole discretion, determines
to be necessary or appropriate to accomplish the purposes of this Declaration, which
binds the Owners and the Parties in Interest and declares or defines the rights and
obligations of Declarant, the Owners, the Parties in Interest, and the Utility Provider
or the Municipality in connection with: (A) the service provided by the Utility
Provider or the Municipality; and (B) the use and maintenance .of the Common
Access Ways, the Traffic Control System, the Utility Systems, the Drainage System,
the Greenspace System, and the easements declared, created, made, and reserved for
the Common Access Ways, the Traffic Control System, the Utility Systems, the
Drainage System, or the Greenspace System. •
(b) Limitation on Rights. Notwithstanding any covenant, condition, term, or
provision of this Declaration,to the contrary:
(i0 Declarant shall not abandon or relocate the Roads shown on Exhibit
D or described and depicted on Exhibit B without the prior written consent of all the
Owners;
(ii} Declarant shall not abandon or relocate any portion of any Utility
Easement described and depicted on Exhibits El, E2 and E3, or otherwise, which
contains any main, pipe, line or other portion of a Utility System, or abandon or
relocate any portion of a Utility System unless Declarant: (A) replaces such Utility
Easement andlor Utility System with another Utility Easement andlor Utility
Systems of equal or greater quality and capacity such that no Improved Parcel is
permanently affected; and (B) provides adequate temporary utility services to each
Improved Parcel affected by the abandonment or relocation, as the case may be,
while such replacement Utility Systems are being installed;
(iii) Declarant shall not abandon or relocate the Detention Ponds, unless
Declarant: (A) replaces the Detention Ponds with a detention pond(s) (either off-site
or within the Project) that is: (1) of adequate capacity to provide surface and storm
water detention for the ?arcels served or to be served by the Detention Ponds; and
(2) of the same or improved construction quality; (B) provides adequate surface and
storm water detention for each Improved Parcel affected by the abandonment or
relocation, as the case may be, while such replacement detention pond(s) is under
construction, and (C) to the extent necessary, grantior obtains an easement over and
on the new or relocated detention pond(s) which are appurtenant to the. Parcels served
or to be served by the abandoned or relocated Detention Pond(s);
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Requested By: BLN 100058 12!20!2010
0002957 03/27/2000 03 :04P 9 of 0
Maryln J. Smith, Boone County Recorder
(iv) Declarant shall not exercise any rights reserved to Declarant in
Subsection 5(a) of this Article I in a manner that unreasonably interferes with the
lawful use of any Parcel; provided that in no event shall an abandonment or
relocation of any one. or more of the Declared Easements be deemed to be an
unreasonable interference in (A) Declarant complies with the conditions and terms
of Subsection 5(b), clauses (i), (ii) and (iii), of this Article 1, as may be applicable;
and (B) such abandonment or relocation is necessary or appropriate for compliance
with: (I) any law, statute, rule, regulation, order, or standard of any Municipality; or
(2) the requirements of any Utility Provider; and
(v) Any party exercising the rights reserved to Declarant in Subsection
5(a) of this Article I that damages any parking area, access way, sidewalk, walkway,
lighting, landscaped area, or other surface improvements (collectively, the "Surface
Improvements) "). when exercising such rights shall restore the damaged Surface
Improvement to a condition substantially the same as the condition that existed
before such damage occurred.
Section 6. Nature and Assignment of Easements and Rights.
(a) Defined Easement Locations, Notwithstanding any covenant, condition,
term, or provision of this Declaration to the contrary, any Declared Easement may be limited
or Further limited to a defined or specified part of the Real Estate by: (i) an additional
instrument (the "Easement Instrpment(s) ") executed by, Declarant pursuantto its reserved
rights in Subsection 5(a), clause. (i), of this Article;1 with (11) a legal description in a
document that is made available by Declarant to.the Owners ( the "Defined Easement(s) "),
A document shall be deemed to have been made available to the Owners only if the
document is recorded by Declarant in the Office of the Recorder of Boone County, Indiana,
Except as shown on Exhibits B, D, El, E2, E3, Fi, F2, G and 1, all of which shall be
considered Defined Easements, and as expressly provided in this Subsection, no pictorial
representation, legal description, other description, construction, installation, or use shall be
deemed to limit, define, or specify any Declared Easement, A Defined Easement, except as
expressly provide herein, shall be included with the definition of the Declared Easement.
(b) Perpetual and Permanent Easements. Except as provided in this Section,
all Declared Easements shall be perpetual and permanent., Each appurtenant Declared
Easement, and the benefits thereof, shall: (i) run with the land benefitted by the appurtenant
Declared Easement; and (ii) inure to the benefit of Declarant and the Owners of the
benefitted Parcels, and to all other Parties in Interest as to such Parcels. Each Declared
Easement in gross, and the benefits thereof, shall inure to the benefit of Declarant and the
Successor, Each appurtenant Declared Easement and Declared Easement in gross, and the
burdens thereof, shall: (i) run with and bind the 'land burdened by such appurtenant Declared
Easement or Declared Easement in gross; and (ii) bind the Owners of the burdened Parcels
and all other Parties in Interest ds to such Parcels.
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Requested By: BLN 100058 /212012010
0002957 03/27/000 03:042 10 of 46
Mary In J. Smithy Boone County Recorder
(c) Instruments of Conveyance. Each instrument that conveys, transfers,
creates, assigns, or mortgages any interest in a Parcel (the "Instrument(s) of Conveyance ")
shall be deemed: (i) to assign, as an appurtenance to the interest in the Parcel, the right to the
nonexclusive use and benefit of the Declared Easement(s) that benefit(s) the Parcel (whether
or not the Instrument of Conveyance expressly assigns that right); and (ii) to impose, as a
limitation or restriction upon the interest, the burden of the Declared Easement(s) that burden
the Parcel (whether or not the Instrument of Conveyance expressly imposes such limitation
or restriction). In no event shall any party except Declarant and the Successor be deemed to
be the holder or beneficiary of any Declared Easement., in gross, or any right or interest
therein.
(d) Conveyance by Declarant, On the date that Declarant conveys its ownership
interest in all of the Parcels (including, without limitation, Parcels in the Annexed Real
Estate (as defined in Article III,. Section 4)) that it owns at that time, all of the Declared
Easements that are not Defined Easements existing as of the time of such conveyance, the
benefits and burdens thereof, and the interests and rights of all parties therein, shall terminate
and have no further force and effect, unless the development of the Project is not yet
complete, in which case such Declared Easements shall terminate when the development of
the Project is completed. Completion of the development for purposes of this Section shall
be deemed to have occurred upon the expiration of the Development Period (as defined in
Section 7 of this Article 1).
Section 7. Development of the Project. The period of developing the Project (the
"Development Period ") shall be deemed to be complete when Declarant executes and records an
instrument in the Office of the Recorder of Boone County, Indiana, stating that the Development
Period is completed (the "Completion Statement ") or when Declarant determines, at its sole
discretion, that all of the following conditions occur:
(i) The construction, erection, and installation of all buildings and
Surface Improvements in and on the Project are completed and all Parcels are
engaged fully in their permanent uses;
(ii) The construction and installation of the Common Access Ways are
completed, and each building in and on the Proj ect _has adequate access, ingress, and
egress over and across the Common Access 'Days; and
(iii) The construction and installation of the Utility Systems and the
Drainage System are completed, each building in or on the Project is adequately
served by the Utility Systems, and all Parcels are served adequately by the Drainage
System.
Section 8. Non - Dedication of Appurtenant Easements. This Declaration shall not be
deemed to: (a) dedicate for public purposes any Declared Easement; (b) dedicate or assign to a
-10-
Requested B : BLN 100058 1212012010
e002957 03/27/2000 03:04P 11 of tit
Mary1n J. Smith, Boone County Recorder
Utility Provider or Municipality any Declared Easement or the interest and rights ofDeclarant or the
Owners in and to any Declared Easements (including, without limitation, the rights reserved to •
Declarant in Section 5 of this Article 1); or (c) otherwise' subject any Declared Easement to the
control of any Utility Provider or Municipality, Declarant intends that all appurtenant Declared
Easements shall be for the private useand enjoyment ofDeclarant and the Owners and shall remain
the property of Declarant and the Owners; provided, however that Declarant may convey, or assign
or dedicate, the Roads to the applicable Municipalities, and provided further that this Section shall
not be deemed to restrict in any way the rights reserved to Declarant in Section 5 of this Article 1,
If Declarant dedicates or assigns any Declared Easement to any Utility Provider or Municipality,
then, to the extent that the Utility Provider or the Municipality maintains and repairs, of bears the
expense of maintaining and repairing, any Declared Easement and the equipment, fixtures, and
facilities used in conjunction therewith, the Owner Covenants shall not obligate Declarant or the
Owners to maintain and repair, or bear the expense of maintaining or repairing, any such dedicated
easement or the equipment, fixtures, and facilities used in conjunction therewith.
ARTICLE II.
Covenants
Section 1. Covenants Concerping Use of Parcels.
(a) General Maintenance of Parcels. Each Owner shall: (i) maintain its
Parcel(s), and the buildings and Surface Improvements located thereon, and all Surface
Improvements, Common Access Ways and Tiaffic Control Systems located adjacent to its
Parcel up to the edge of the Roads' or Common 'Access Ways' pavement (the "Non -Paved
Accessways"), and all other improvements and landscaping on its Parcel(s) and the adjacent
Non -Paved Accessways, at all times in a good, safe, sanitary, clean, and sightly condition;
(II) store refuse, rubbish, debris, trash, and all other waste in a sanitary manner covered and
screened from public view, and provide each building on its Parcel with adequate waste
collection and removal service; (iii) accept and make deliveries and drop -offs (and load and
unload goods, merchandise, materials, and equipment) only: (A) during normal business
hours for the business(es) being conducted on that Owner's Parcel(s) (unless Declarant first
approves additional hours in writing); and (B) from the rear of the building(s) on that
Owner's Parcel(s) (unless Declarant first • approves a different location in writing); (iv)
comply with all applicable laws, statutes, rules, regulations, orders, and standards of any
governmental authority (including, without limitation, zoning ordinances and use
restrictions), and with any and all reasonable rules, regulations, and directions that Declarant
may promulgate from time to time; and (v) comply with the setbacks and screening, signage,
and landscaping standards set forth on Exhibit 11 and Exhibit C, attached hereto and
incorporated herein by reference,
(b) Prohibition of Nuisances. No Owner shall: (i) create, cause, permit, or suffer
any nuisance to exist on its Parcel(s); (ii) cause, permit, . or suffer any unsightly condition,
Requested By: BLN 100058 12/2012010
0002957 03/27/2000 03:04P 12 of
Maryln J. Smith, Boone County Recorder
noxious or objectionable dust, gases, odors, or noises to exist on, or to emanate from, its
Parcel(s); (iii) cause, permit, or suffer any temporary structure (including, without limitation,
sheds, shacks, and tents) to be built, constructed, erected, or installed on its Parcel(s) (unless
(y) such structure is necessary for construction of Surface Improvements on the Owner's
Parcel(s), and such structure is removed promptly upon completion of such Surface
Improvements, or (z) Declarant first approves the temporary structure in writing and the
temporary structure is removed no later than six months after is erection or construction); (iv)
cause, permit, or suffer the storage of any material or object of any nature outside of a
building; (v) cause, permit, or suffer the storage, use, treatment, processing, handling,
production, generation, disposal, release, or transportation of any explosive, combustible,
radioactive, hazardous, or toxic material, substance, or waste on or from its Parcel(s) (unless
Declarant first approves the storage in writing and such storage does not cause an increase
in any insurance premiums for any other Owner); (vi) use (or cause, permit, or suffer the use
of) its Parcel(s) far a purpose; that materially, interferes with 'the lawful and intended use of
another Parcel; (vii) cause, permit, or suffer the Tenants of, or Visitors to, its Parcel(s) to
park any vehicle on the Common Access ways; or (viii) attempt to dedicate any Declared
Easement to a Utility Provider or Municipality, except as the Declarant or the Association
shall be so permitted under this Declaration. Notwithstanding any covenant, condition, term,
or provision of this Declaration to the contrary, neither the activities related to the
construction, erection, and installation of buildings or Surface Improvements on any Parcel
or any portion of the Adjacent Real Estate, nor the consequences of such construction
activities, shall be deemed to be a violation of any of the covenants, conditions, terms, and
provisions set forth in this Section (unless the activities materially and unreasonably interfere
with the lawful and intended use of another Parcel). Any Owner that constructs a building
on a Parcel for the purpose of operating a restaurant or preparing food shall install grease
traps or other similar devices reasonably designed to prevent the flow of grease or oil from
such buildings into the sanitary sewer system.
(c) Zoning Changes and Variances. No Owner shall seek to change a zoning
classification for any Parcel, or to secure a zoning valiance, special use exception or
variance, or exception from applicable building standards, setbacks, other use restrictions,
or subdivision control ordinances (collectively, the "Zoning Change(s) ") for any Parcel
unless Declarant approves in, writing t he proposed Zoning Change. If an Owner, with
Declarant's written consent, seeks a change in. zoning classification or a use variance to
t
permit a building height of seventy -five (75) feet or less,then (unless such change in zoning
classification involves a material change in the use of the Parcel that will unreasonably and
materially interfere with the lawful and intended use of another Parcel) each Owner shall:
(i) be deemed to have consented to such change in zoning classification or a use variance to
permit a building height of seventy --five (75) feet or less (with an additional 15 feet for roof
top structures); and (ii) execute any and all documents necessary or appropriate to evidence
such consent.
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Requested By: BLN 100058 12/20/2010
eto 2957 03/27/201ZIo 03:04P 13 of 246
Marvin J. Smith, Boone County Recorder
Section 2. Maintenance and Contribution Covenants.
(a) Maintenance of Common Access Ways.
3
(i) Declarant shall maintain and repair the Roads, the other Common
Access Ways, and the Traffic Control System, excluding the Non -Paved
Accessways, which shall be maintained by the applicable Owner as provided in
Article II, Section 1(a), at all times in a good, safe, sanitary, clean and sightly
condition, consistent with a first class industrial park located in central Indiana.
Declarant shall replace, in whole or in part, the Roads, the other Common Access
Ways, and the Traffic Control System, when Declarant, in its sale discretion,
determines that replacement is necessary or appropriate to satisfy the obligations of
Declarant to maintain and repair the Roads, the other Common Access Ways, and the
Traffic Control System under this Declaration. Declarant may procure and maintain
policies of public liability insurance, in such amounts as Declarant, in its sole
discretion, deems to be appropriate, that insure Declarant and the Owners against
liability for property damage, personal injury, and loss of life occurring on, or in
connection with, the use of the Common Access Ways (the "Access Way Liability
Insurance "), and Declarant may procure and maintain policies of hazard insurance,
in such amounts as Declarant, in its sole discretion, deems to be appropriate, to cover
casualty damages to, and destruction of, the Common Access Ways and the Traffic
Control System (the "Access Way Hazard Insurance ").
(ii) Each Owiier shall pay to ,Declarant a share of the expenses. that
Declarant incurs in connection with operating, maintaining, repairing, replacing,
landscaping, and illuminating the Roads, the other Common Access Ways, the
Traffic Control System, and the Access Easements (the "Common Access Way
Expenses "). The Common Access Way Expenses shall include all premiums for, and
all costs and expenses of, procuring and maintaining the Access Way Liability
Insurance and the Access Way Hazard Insurance. If Declarant dedicates any Access
Easement to a Municipality, and if, as a condition of accepting the dedication, the
Municipality requires Declarant to post a maintenance bond or obligation of a similar
nature, then all costs and expenses that Declarant incurs in connedtion with posting
the bond (including, without limitation, the cost of the.bond) shall be deemed to be
part of the Common Access Way Expenses.
(iii) Until fifty percent (50%) or more of the all Parcels in the Project,
based upon gross acreage, being sold to a third party and no longer owned by Bennett
or its successor, and all of Bennett Parkway has been dedicated to and accepted by
the Town of Zionsville, each Owner's share of the Common Access Way Expenses
shall be based on the proportion of: (A) the gross acreage of the Owner's Parcel(s);
to (B) the gross acreage of all Parcels in the Project (the "Expense Proportion ");
provided, however, that ,each Owner shall be solely responsible for the cost of any
_13_ L .
Requested By: BLN 100058 12120/20/0
0002957 2957 03 /'27 / 2000 03:04P 14 of Lps
M1aryIn J. Smith, Boone County Recorder
damage caused, based upon clear and convincing evidence, by such Owner to the
Roads, the other Common Access Ways, the Traffic Control System, and the Access
Easement&
(iv) Upon fifty percent (50%) or more of all Parcels in the Project, based .
upon gross acreage, being sold to a third party and no longer owned by Bennett or
its successor, and after all of Bennett Parkway has been dedicated to and accepted by
the Town of Zionsville, each Owner's share of the Common Access Way Expenses
shall then be based on the proportion of: (A) the gross acreage of the Owner's
Improved Parcel(s); to (B) the gross acreage of all Improved Parcels in the Project
(the "Improved Expense Proportion "); provided, however, that each Owner shall be
solely responsible for the cost of any damage caused, based upon clear and
convincing evidence, by such Owner to the Roads, the other Common Access Ways,
the Traffic Control System, and the Access Easements.
(b) Provision of Parking Areas and Other Access Ways, Each Owner
shall: (i) provide its Improved Parcel(s) with paved access ways and paved sidewalks and
walkways for adequate access, ingress, and egress to (and from) each building and, to the
extend required by the applicable governmental authority, from (and to) the Common Access
Ways; (ii) provide its Improved Parcel(s) with paved parking areas and vehicle loading
facilities that serve Tenants of, and Visitors to, the buildings on its Improved Parcel(s); (iii)
maintain and repair the parking areas, access ways, sidewalks, walkways, and loading
facilities on its Improved Parcel(s) so that they are safe for use by, and are adequate to serve,
all Tenants of, and Visitors to, buildings on that Owner's Improved Parcel(s); and (iv)
replace, in whole or in part, the parking areas, access ways, walkways, and loading facilities
on its Improved Parcel(s) when replacement is necessary to satisfy the obligations of the
Owner under this Declaration.
(c) Maintenance of Common Utility Systems.
(i) Declarant shall maintain and repair all portions of the Utility Systems
that are: (i) entirely located on a Parcel to be used solely for a Detention Pond and
related facilities or which will be retained by Declarant as open space or as part of
the Greenspace System; or (ii) located within. a Road or Access Way (collectively,
the "Common Utility Equipment ") at dil times in a good, safe, sanitary, clean and
sightly condition, consistent with a first class industrial park located in central
Indiana. Declarant shall replace, in whole or in part, the Common Utility Equipment
when Declarant determines, in its sole discretion, that replacement is necessary or
appropriate to satisfy the obligation of Declarant to maintain and repair the Common
Utility Equipment under this Declaration.
-14-
1
Requested By: BLN 100058 12/20/2010
002957 03127/200 03:04P 15 of 46
Mary1n J. Smith, Boone county Recorder
(ii) Each Owner shall pay to Declarant a share of the expenses that
Declarant incurs in connection with operating, maintaining, repairing, and replacing
the Common Utility Equipment (the "Common Utility Expenses "); provided that any
Owner whose Parcel has,no connection to a particular Utility System shall not be
obligated to pay a share of the expenses attributable to that Utility System. The
Common Utility Expenses shall include'all costs and expenses that Declarant incurs
in connection with: (i) supplying the Project with general water delivery service for
fire prevention, and supplying electrical power service to pumps and other portions
ofthe Drainage System; and (ii) any other charges in connection with the installation,
maintenance, repair, and replacement of fire hydrants in the Project.
(iii) Each Owner's share of the Common Utility Expenses presumptively
shall be based on the Improved Expense Proportion; provided that, if Declarant
determines, in its sole discretion, that allocation of the Common Utility Expenses on
the basis of the Building Proportion is inequitable or will not reimburse Declarant for
all Common Utility Expenses incurred, then Declarant, in its sole discretion, shall
calculate each Owner's share of the Common Utility Expenses based on a formula
or other process of allocation that Declarant determines to be more equitable or
appropriate, taking into account the proportionate use of the Utilities that Declarant
determines to be attributable to each Parcel.
(d) Maintenance by Owners of .Utility Systems. Each Owner shall: (1)
maintain and repair the portions of the Utility Systems that are located on that Owner's
Parcel, or any Non -Paved Accessway adjacept to that tier's Parcel, so that such portions
of the Utility Systems provide adequate service to all Tenants of, and Visitors to, all
buildings on the Improved Parcels; (ii) replace, in whole or in part, such portions of the
Utility Systems when replacement is necessary to satisfy the obligations of the Owner under
this Declaration; and (iii) pay all impact, access, tap -in or assessment fees relating to the
Owner's Parcel charged by any Utility Provider or Municipality. Notwithstanding any
condition, term, or provision to the contrary in this Subsection or in Subsection 2(c) of this
Article 11, to the extent that any Utility Provider or Municipality maintains and repairs the
Utility Systems or bears the expense of maintaining and repairing the Utility Systems, no
provision of this Declaration shall obligate Declarant or the Owners to maintain and repair
the Utility Systems or to bear the expense of maintaining or repairing the Utility Systems.
(e) Installation of Utility Meters. Each Owner shall install and maintain in
proper working order meters or other similar devices that measure the volume or amount of
water, natural gas, and electricity that is consumed on or from that Owner's Pareel(s). Upon
request by Declarant, each Owner shall install and maintain meters or similar devices to
measure the outflow from that Owner's Parcel(s) into the sanitary sewer system that serves
the Parcel(s). The obligations of the Owners that are set forth in this Subsection and in
Subsections 2(c) and 2(d) ofthis Article IT are in addition to each Owner's sole responsibility
to: (i) obtain all necessary approvals and pennits, and pay, any and all char -es and fees, for
-15-
Requested By: BLN 100058 1212012090
0002557 03/27/200 03 :04P tS of
hoary 1 n J. Smith, Boone County Recorder
the connection of that Owner's Parcels) and the buildings on such Parcel(s) to utility services
or the Utility Systems; and (ii) pay all charges and fees far usage or consumption of any
utility services on or from that Owner's Parcel(s) and the buildings on such Parcels.
Of) Maintenance of Common Drainage System.
(i) Except as provided otherwise in this Section, Declarant shall maintain
and repair all portions of the Drainage System that are: (A) entirely located an a
Parcel to be used for a Detention Pond and related facilities or which will be retained
by Declarant as open space or as part of the Greenspace System; or (B) located
within a Road or Access Way (the "Common Portions of the Drainage System "), at
all times in a good, safe, sanitary, clean and sightly condition, consistent with a first
class industrial park located in central Indiana. Declarant shall replace, in whole or
in part, the Common Portions of the Drainage System when Declarant determines,
in its sole discretion, that replacement is necessary or appropriate to satisfy the duty
of Declarant to maintain and repair the Common Portions of the Drainage System
under this Declaration,
(ii) Each Owner, except for the Owner of the Multifamily Tract, shall pay
to Declarant a share of the expenses that Declarant incurs in connection with
operating, maintaining, repairing, replacing, and landscaping the Common Portions
of the Drainage System (including, without limitation, all costs and expenses of
landscaping and maintaining the areas immediately surrounding detention ponds)
(the "Common Drainage System Expenses "). The Common Drainage System
Expenses shall include any and all amounts incurred by Declarant to pay for the use,
maintenance, repair, and replacement of off-site .drainage ponds, equipment, fixtures,
and facilities that provide or facilitate surface or storm water drainage from the
Project.
(iii) Each Owner's share of the Common Drainage System Expenses
presumptively shall.be based on the proportion of: (A) the aggregate acreage of the
Parcels owned by that Owner; compared to (B) the aggregate acreage of all Parcels
in the Park Real Estate,, (the "Acreage Proportion "); provided that, if Declarant
determines in its sole. discretion that allocationiof the Common Drainage System
Expenses on the basis of the Acreage' Proportion is inequitable or will not fully
reimburse Declarant for all Common Drainage System Expenses, then Declarant, in
its sole discretion, shall calculate each Owner's share of the Common Drainage
System Expenses based another process of allocation that Declarant determines to
be more equitable or appropriate, taking into account the proportionate use of the
Cornmon Portions of the Drainage System.
-16-
Requested By: BLN 100058 12(2012010
0002957 03/27/2000 03:04P 17 of
Flaryln Jr Smith, Boone County Recorder
(iv) Notwithstanding anything in this Section to the contrary, the Owner
of the Multifamily Tract shall not be obligated to pay any portion of the Common
Drainage System Expenses. The Owner of the Multifamily Tract shall maintain and
repair all portions of the /Detention Ponds constructed in the Drainage Easements
described and depicted on Exhibits Fi andF2 attached hereto, at all times in a good,
safe, sanitary, clean and sightly condition, consistent with a first class industrial park
located in central Indiana. The Owner of the Multifamily Tract .shall be solely
responsible for the expenses it incurs in connection with operating, maintaining, and
. repairing such Detention Ponds.
(g) Maintenance by Owners of Drainage System. Each Owner shall: (i)
provide its Parcel with surface and storm water drainage that adequately channels or drains
the surface and storm water on the Parcel into the Common Portions of the Drainage System
or its own drainage system as may be approved by the applicable governmental entity; (ii)
maintain and repair the portions of the Drainage System that are located on that Owner's
Parcel or on any Non-Paved Accessway adjacent to that Owner's Parcel; and (iii) pay all
impact, access, tap -in or assessment fees relating to the Owner's Parcel charged by any
Utility Provider or Municipality, Each Owner also shall provide its Parcel with adequate
irrigation to maintain the landscaping on the Parcel in a healthy and attractive state.
(h) Maintenance of Signs,,
(i) Declarant.shall, subject to Sub-Section (iv) below: (A) maintain and
repair the Signs at all times in a goold, safe, sanitary.
anitary, clean and sightly condition,
consistent with a first class industrial park located in central Indiana; and (B) replace,
in whole or in part, the Signs when Declarant determines, in its sole discretion, that
replacement is necessary or appropriate to satisfy Declarant's duty to maintain and
repair the Sign under this Declaration.
(ii) Each Sign User shall pay to Declarant a share of the expenses that
Declarant incurs in connection with operating, maintaining, repairing, replacing, and
illuminating the Sign (including, without limitation, all costs and expenses of
landscaping and maintaining the areas surrounding the Sign) (the "Sign 'Expenses").
(iii) The share of the Sign Expenses payable by each Sign User shall be
based on equal division of the Sign Expenses among all Sign Users.
(iv) The Owner of the Multifamily Tract shall, at its sole cost: (A)
maintain and repair the Multifamily Signs at all times in a good, safe, sanitary, clean
and sightly condition, consistent with a first class industrial park located in central
Indiana; and (S) replace, in whole or in part, the Multifamily Signs when it
determines, in its sole discretion, that replacement is necessary or appropriate.
-17-
Re. uested By BLN 100058 12/20/2010
0002957 03/27/2000 03 :04P to of 0
MaryLn J. Smith, Boone County Recorder
(i) Providxn Project Securi . Declarant shall have the option, but no duty
to: (i) install, operate, maintain, and repair security systems (including, without limitation,
employing security personnel to patrol the Project or to provide other security services for
the Project); and (ii) allocate to each Owner the costs and expenses incurred by Declarant to
install, operate, maintain, and repair security systems and to, employ security personnel (the
"Common Security Costs "), which allocation shall be divided equally among the Owners of
all Improved Parcels.
(j) Maintenance of Greenspace System.
(i) Declarant shall install or cause to be installed by the appropriate
Owner(s) (see Article I, Section 5(0) one (I) evergreen tree, a minimum of five (5)
feet in height at planting, every fifty (50) feet on the south or east side of Bennett
Parkway between Michigan Road and the southern boundary of the Multifamily
Tract, In addition, Declarant shall install. or causee to be installed one (1) evergreen
tree, a minimum of five (5) feet in height at planting, every twenty -five (25) feet on
both the east and west sides of Bennett Parkway between the southern boundary of
the Multifamily Tract and 106th Street; provided, however, that such twenty -five foot
requirement shall be reduced to fifty (5 0) feet if the applicable governmental entity
requires the Declarant to construct five hundred (500) lineal feet or more of
sidewalks in the Project. Installation shall occur as Parcels along Bennett Parkway
are developed. Such trees shall be maintained as provided herein.
(ii) Declarant shall maintain and repair all portions of the Greenspace
System that are entirely located on a Parcel to be used solely for a Detention Pond
and related facilities or which will be retained by Declarant as open space (the
"Common Greenspace"), at all times in a in a good, safe, sanitary, clean and sightly
condition, consistent with a first class industrial park located in central Indiana.
Declarant shall replace, in whole or in part, the Common Greenspace when Declarant
determines, in its sole discretion, that replacement is necessary or appropriate to
satisfy the obligation of Declarant to maintain and repair the Common Greenspace
under this Declaration.
(iii) Each Qwner shall pay to Declarant a share of the expenses that
Declarant incurs in connection with dperating; maintaining, repairing, and replacing
the Common Greenspace (the "Common Greenspace Expenses "). The Common
Greenspace Expenses shall include, with limitation, all costs and expenses that
Declarant incurs in connection with; (i) supplying the Project with general water
delivery service for sprinkler and irrigation systems and supplying electrical power
service to pumps and other portions of the irrigation system; and (ii) any other
charges in connection with the installation., maintenance, repair, and replacement of
landscaping and other Greenspace improvements in the Project, Each Owner shall
be responsible for the maintenance, repair and replacement of any part of the
-18-
1
Re uested By: BLN 100058 12120/2010
0002957 03/27/2000 03:04P 19 of 17t
Maryln J. Smith, Boone County Recorder
Greenspace System located on the Owner's Parcel or Non-Paved Accessways, to the
extent such repair, maintenance or replacement is necessary to satisfy the terms of
this Declaration/
(iv) Each Owner's share of the Common Greenspace Expenses
presumptively shall be based on the Expense Proportion.
(k)
Addit;gnal Capital Improvements.
(i) If Declarant builds, constructs, erects, or installs any capital
improvement (the "Capital Improvement(s) ") in the Project that mutually benefits the
Owners, then each Owner shall: (A) pay to Declarant a share of the building,
construction, erection, and installation costs for the portion of the Capital
improvement that does not exclusively serve either one Parcel or two or more
adjacent Parcels that are owned either by one Owner or by two or more affiliated
Owners (the "Common Capital Construction Costs "); (B) pay to Declarant all of the
building, construction, erection, and installation costs for any Capital Improvement
or portion thereof that either exclusively serves an Owner's Parcels or that
exclusively serves two or more adjacent Parcels that are owned either by that Owner
or by that Owner and another affiliated Owner (the "Individual Capital Construction
Costs "); and (C) enter into a supplemental agreeinent with Declarant and the other
Owners that sets forth the obligations of Declarant and the Owners to maintain and
repair the Capital Improvement, and that provides a method for sharing the expenses
incurred by Declarant..in connection with maintaining and repairing the Capital
Improvement (the "Capital Improvement Agreement ").
(ii) Each Owner's share of the Common Capital Construction Costs
presumptively shall be based on the Expense Proportion.
(iii) Each Owner shall receive prior written notice of Declarant's intent to
construct or install a Capital Improvement, and the estimated cost and Owner's share
thereof. No Owner shall be obligated to pay for a Capital Improvement constructed
or installed pursuant to this Subsection if: (A) such Owner objects thereto in writing
within ten business days after receipt of such notice; and (B) the Owners (excluding
Declarant) that own at the time in the aggregate: (1) 50% or more of the gross floor
space of all completed buildings in the Project (excluding completed buildings that
Declarant owns); and (2) 50% or more of the acreage of the Project (excluding
Parcels that Declarant owns), object thereto in writing within ten business days after
receipt of their respective notices. In any event, neither the Tenants of, or. Visitors
to, a Parcel nor the Owner of a Parcel shall use a Capital Improvement, unless the
Owner of the Parcel (A) pays to Declarant its share of the Common Capital
Construction Costs and any Individual Capital Construction Costs payable by the
3
Requested By: BIN 100058 12120/2010
0002957 03/27/2000 03:04P 20 of 44
Maryln J. Smith, Boone County Recorder
Owner pursuant to this Subsection,. and (3) enters into the Capital Improvement
Agreement.
(1) Non - Compliance with the Owner Covenants. If an Owner fails to comply
with any Owner Covenant, then Declarant shall notify the Owner of such failure to comply,
and, if the Owner does not comply within a reasonable time which in no event shall exceed
twenty (20) days, then Declarant may: (i) enter in or upon any portion of that Owner's
Parcel(s), or the buildings and other Surface Improvements Located on the Parcel(s), and
cure the non - compliance; or (ii) enjoin the non - compliance through an action at law or in
equity. Any Owner that fails to comply with any Owner Covenant shall: (i) promptly
reimburse Declarant for all expenses that Declarant incurs in connection with curing the non-
compliance; and (ii) be liable to Declarant for all costs. that Declarant incurs in connection
with enjoining such non - compliance (including, without limitation, attorneys' fees and legal
costs). A determination by Declarant that an Owner ha failed to comply with any Owner
Covenant shall be presumed correct.
(rn) Amounts Pa able tv Declarant.
(i) All amounts payable by an Owner to Declarant pursuant to this
Section (the "Contribution Payments) ") shall be deemed to be delinquent if the full
amount thereof is not paid within 30 days after receipt by the Owner of an invoice
for the amount payable. All delinquent Contribution Payments: (A) shall bear
interest at 2% above the rate of interest that is designated by KeyBank as its prime
rate (as revised or modified from time to time.during the period when a Contribution
Payment is delinquent); and (B) together with the interest thereon, shall be a lien
against that Owner's Parcel (the "Non Payment Lien "); provided that the Non -
Payment Lien shall be subordinate to any prior mortgage of record that is held by a
mortgagee that is. not an affiliate of the Owner. Notwithstanding any covenant,
condition, term, or provision of this Declaration to the contrary: (A) this Declaration
shall not impose any obligation or liability on any mortgagee until the mortgagee's
interest in a Parcel ripens into fee simple ownership; and (I3) a mortgagee shall be
liable for, and obligated to pay, only the Contribution Payments that are allocable to
a Parcel after the date onlwhich the mortgagee's interest in the Parcel ripens into fee
simple ownership onion' which the 'mortgagee assumes possession of the Parcel,
�
whichever first occurs.
(ii) Declarant may collect any delinquent Contribution Payment and the
accrued interest thereon by any action at law or in equity, and, in addition, may
foreclose the Non - Payment Lien. Any Owner that fails to pay a Contribution
Payment before the payment becomes delinquent shall be'Iiable to Declarant for all
costs that Declarant incurs in connection with collecting the Contribution Payment
and the accrued interest thereon, and with foreclosing the Non- Payment Lien
(including, without limitation, attorneys' fees and legal costs). Upon the request of
-2o.-
Requested By: BLN 100058 12/20/2010
0002957 03/27/2000 03:04P 21 of
Maryln J. Smith, Boone County Reorder
an Owner or the mortgagee of a Parcel, Declarant shall famish the Owner, or the
mortgagee with information regarding any delinquent Contribution Payment, the
accrued interest thereon, and any Non- Payment Lien on the Parcel. To defray
general administrative expenses and to compensate Declarant for discharging its
obligations under this Declaration, the CommonAccess Way Expenses, the Common
Utility Expenses, the Common Drainage,System Expenses, the Common Greenspace
Expenses, the Sign Expenses, and the Common Security Costs shall include an
additional amount equal to 10% of the other costs and expenses included therein,
provided, however, that such IO% surcharge shall apply to payments by Declarant
to third party contractors or subcontractors only if the contract amount- or expense
incurred is at fair market value.
Section 3, Architectural Compatibility, No Owner shall build, construct, erect, or install
a building, structure, sign, other Surface Improvement, or any other improvement (collectively, the
" Improvement(s) ") on its Parcel, or alter any of the existing Improvements on its Parcel (including,
without limitation, reducing the number of parking spaces on the Parcel), until all of the following
conditions are satisfied:
(i) The Owner submits to Declarant all plans, designs, and specifications
for the proposed improvement or the proposed alteration of an existing Improvement
(including, without limitation, a site plan of the proposed Improvement or the
proposed alteration of an existing Improvement) (the "Construction Plans ");
(ii) The Owner submits to Declarant samples of any construction and
finishing materials that Declarant may request (file "Construction Materials ");
(iii) Declarant determines that the Improvements (as shown in the
Construction Plans) appear to comply with, and will not cause a violation of: (A)
any and all applicable zoning ordinances, building codes, and other state and Local
regulations; (B) any and all reasonable rules,' regulations, and directions that
Declarant may reasonably promulgate from time to time concerning construction,
erection, installation, and alteration of Improvements; and (C) the setbacks and
screening, signage, and landscaping standards set forth on Exhibits B and C;
(iv) Declarant further determines that the Improvements and the
Construction Materials are of a quality and nature that are compatible with
Declarant's plans for the Project and any existing Improvements in and on the Project
and the Adjacent Real Estate; and
(v) Declarant approves the Construction Plans in writing.
Determinations by Declarant pursuant to this Section shall be made reasonably, and
approvals of Declarant required by this.Section shall not be withheld unreasonably.
-21;
Requested By BLN 100058 12!20!2010
0002957 03/27/2000 03:04P 22 of 446
MaryIn J. Smith, Boone County Recorder
ARTICLE m.
General Provisions
Section L Owners Association.
(i) At any time, Declarant may organize an owners association (the
"Owners Association "), and, at any time after the date on which the Development
Period terminates, the Owners that own in the aggregate 50% or more of the of the
aggregate gross acreage ofthe Real Estate may elect to form the Owners Association.
Within nine (9) months after the date on which the Owners elect to form the Owners
Association, Declarant shall organize the Owners Association so that, to the extent
practicable, it: (A) receives Contribution Payments and pays common expenses on
a tax - exempt basis; and ()provides its members with Iimited liability for its actions,
debts, and obligations. Each Owner: shall be a member of the Owners Association
and shall be entitle to one vote for each whole acre in its Parcel. The Owners
Association shall be governed by a board of directors that consists of at least three
persons who are elected annually and who shall have complete responsibility for
governing the Owners Association and satisfying the obligations and duties of the
Owners Association (the "Board of Directors ").
(ii) On the date that the Owners Association is organized (the "Succession
Date "), the Owners Association shall succeed to all of the obligations, duties, rights,
and powers vested in Declarant by this Declaration (except Declarant's obligations,
duties, rights, and powers as an Owner); provided that neither the Owners
Association nor the Board of Directors shall execute or record any additional
instruments binding the Owners or Parties in Interest and defining or specifying the
location of any easement(s), unless the Board of Directors *first obtains the written
consent of all Owners of the Parcels that are burdened by the easement. On the
Succession Date: (A) Declarant shall be discharged from all further obligations and
duties under this Declaration (exceptDeclarant's obligations and duties as an Owner);
(B) the Owners Association shall assume, succeed to, and be responsible for, the
payment of all outstanding debts and obligations that were incurred by Declarant in
connection with the obligations, duties, rights, and powers vested in Declarant by this
Declaration (the "Debts "); and (C) the Owners Association shall assume, succeed to,
and be responsible for the performance of all contracts entered into by and between
Declarant and any other party in connection with the obligations, duties, rights, and
powers vested in Declarant by this Declaration (the "Contracts ").
(iii) Until the Succession Date, the Owners Association shall not have or
be deemed to have (A) any obligations, duties, rights, or - powers under this
Declaration; or (B) any actual or implied authority to act for or on behalf of Declarant
or any Owner. In no event shall Declarant be . responsible or liable for any action
-22-
Requested By: BLN 100058 1212012010
0002957 03/27/2000 03:04p 23 of 461
Mary1n J. Smith, Boone County Recorder
taken by the Owners Association before the Succession Date, On the Succession
Date and thereafter, the 'Owners Association shall indemnify and hold harmless
Declarant and its agents and employees from and against all actions, claims,
liabilities, and expenses arising from the Debts and the Contracts, unless caused by
the recklessness or intentional tortious or criminal misconduct of Declarant. By
accepting membership in the Owners Asociation, the' Owners shall be deemed to
waive all claims and actions of the Owners or the Owners Association against
Declarant arising from the Debts or the Contracts, unless caused by the recklessness
or intentional tortious or criminal misconduct of Declarant,
Div) References in this Declaration to "Successor" shall include the
Owners Association or any other party: (A) that assumes all of the obligations and
duties of Declarant under this Declaration (except the obligations and duties of
Declarant as an Amer); and (B) to which Declarant assigns or delegates, in whole
or in part, the interest of Declarant in any or all easements created by this Declaration
or the rights and powers vested in Declarant by this Declaration,
Section 2. Severability and Governing Law. The invalidity or unenforceability of any
covenant, condition, term, or provision of this Declaration shall not affect the validity and
enforceability of any other covenant, condition, term, or provision of this Declaration. The
covenants, conditions, terms, and provisions of this Declaration shall be governed by, and construed
in accordance with, the laws ofthe State of Indiana. All references in this Declaration to "Owner(s)"
shall be deemed to be references to Declarant, unless and until Declarant conveys all of its ownership
interest in and to all of the Parcels, and except when a reference.to "Owner(s)" expressly excludes
Declarant.
Section 3. Annexation of Adjacent Real Estate. Declarant hereby reserves the right, from
time to time and at any time during the Development Period, to annex any portion of the Adjacent
Real Estate into the Project (the "Annexed Real Estate "). As ofthe date on which Declarant annexes
any portion of the Adjacent Real Estate into the Project: (a) the Annexed Real Estate shall be
deemed to be included within the Real Estate and the Project; (b) all 'references in this Declaration
to the "Real Estate" or to the "Project" shall be deemed to include the Annexed Real Estate; (c) all
references in this Declaration to "Parcel(s)" shall be deemed to include all parcels of land within the
Annexed Real Estate; (d) all references in this Declaration to "Owner(s)" shall be deemed to include
all owners of a Parcel within the Annexed Real Estate; (e) all references in this Declaration to
"Parties in Interest" shall be deemed to include all Owners of Parcels in the Annexed Real Estate and
all current and future mortgagees, grantees, assigns, and successors of the Owners of Parcels in the
Annexed Real Estate; and (f) all easements created by this Declaration shall bind, benefit, burden,
and run with the Annexed Real Estate, as provided in Article 1, Section 6 of this Declaration,
-23-
Requested By: BLN 100058 12120120/0
0002'357 03/27/2000 03 :04P 24 of 40i
Maryln J. Smith, Boone County Recorder
Section 4. Amendments and Supplements,
(a) Declarant hereby reserves the right, from time to time and at any time during
the Development Period, to modify, supplement, or amend this Declaration, without the
consent of any Owner or Party in Interest; provided that Declarant records the modification
in the Office of the Recorder of Boone County, Indiana, and the modification is for any one
or more of the following purposes:
(i) To extend the provisions of this Declaration to bind and benefit the
Annexed Real Estate and the Owner(s) of Parcel(s) within. the Annexed Real Estate;
(ii) To clarify one or more covenants, conditions, terms, or provisions of
this Declaration, without materially changing the substance hereof;
(iii) To clarify, further define, or limit any easement, or otherwise to
exercise any rights reserved in Article 1, Section 5, of this Declaration; or
(iv) To change the substance of one or more covenants, conditions, terms,
or provisions of this Declaration; provided that such change materially shall not
increase the obligation(s) of any Owner under any covenant, condition, term, or
provision without such Owners consent, unless such change is necessary or
advisable to comply with applicable laws, statutes, ordinances, rules, regulations,
orders, and standards of any Municipality.
(b) From time to time and at any time, the Owners that own in the aggregate 70%
or more of the aggregate acreage of the Project may modify this Declaration by a written
instrument that is signed by such Owners and recorded in the Office of the Recorder of
Boone County, Indiana; provided that: (i) no modification pursuant to this Section shall be
enforceable against, or binding upon, any party until the Amendment is recorded in the
Office of the Recorder of Boone County, Indiana; and (ii) no Party in Interest shall have the
right or power to prohibit any modification of this Declaration pursuant to this Section.
(c) Nothing contained in this Section shall be deemed to limit or restrict any
rights reserved to Declarant elsewhere in this Declaration.. Upon request from time to time,
each Owner shall execute and deliver any further instruments or documents supplementing
or confirming amendments to this Declaration, or that reasonably may be required by any
financial institution as mortgagee of (or as a condition precedent to making any mortgage
loan secured by) any Parcel or Parcels.
..24
1
Requested By BLN 100058 12/20/2010
0002957 03I27/2000 03104P 25 of 14-6
Mtry1n J. Smith, Boone County Recorder
Section 5, Miscellaneous.
(a) Construction Upon Parcels. In addition to those restrictions provided for
above, Declarant imposes the following restrictions and covenants as regards construction
on the Parcels:
(i) All improvements on the Parcels shall be constructed and developed
in a good and workmanlike manner at a quality and design consistent with the quality
and design of the other improvements on the Parcels existing at the date of such
constructions. .
(ii) During construction the Owner of the Parcel shall maintain adequate
construction insurance coverage in accordance the custom in the industry in the
Indianapolis, Indiana metropolitan area and thereafter shall insure the building with
all risk insurance in a broad form for the full replacement cost of such improvements.
The Owner or the contractor engaged by the Owner of the Parcel shall keep a
builders risk insurance policy in force during construction on the Parcel covering the
full value of all construction.
OH) In event of condemnation and/or casualty to a portion of the
improvements on a Parcel the remaining portion shall either be (i} rebuilt and
restored to original condition, (ii) altered to present a clean attractive remaining
structure which does not constitute a hazard to any persons utilizing the Project, or
(iii) razed, the debris, removed and the affected areas graded and seeded and
maintained by Owner in a clean and safe condition.
(b) Assignment. The rights and obligations of any party hereunder may be
assigned in whole or in part to one or more ground lessees which rights and obligations shall
be expressly assumed by such ground lessee or lessees for the term of the ground lease or
leases between such party and such ground lessee or lessees.
(c) Limitation of Liability.. Any person acquiring fee or leasehold title to the
Project or any portion thereof, shall be bound by this Declaration only as to the parcel or
portion of the Parcel acquired by such person. In addition, such person shall be bound by
this Declaration only during the period such person is the fee or leasehold owner of such
parcel or portion of the parcel; and, upon conveyance or transfer of the fee or leasehold
interest shall be released.from liability hereunder, except as to the obligations, liabilities or
responsibilities that accrue prior to such conveyance or transfer. Although persons may be
released under this Paragraph, the easements, covenants and restrictions in this Declaration
shall continue to be benefits to and servitudes upon said Parcels running with the land.
(d) Insurance. Each Owner will at all times maintain or cause to be maintained
with respect to its Parcel: (i) casualty insurance against loss or damage by fire, lightning and
• f
Requested By: BLN 100058 72/20/2010
000297 03/27/2000 03 :04P 26 of 0
Maryln J. Smith, Boone County Recorder
other risks customarily covered by an all -risks policy of property and casualty for the full
replacement cost of the Improvements located thereon and (ii) commercial general Liability
insurance (including contractual liability coverage) against claims for bodily injury, death
or property damage occurring on, in or about such Owner's Parcel combined single limit
coverage of not less than TWO MILLION DOLLARS ($2,000.,000.00). Nothing herein shall
be construed from prohibiting a Owner with a net worth in excess of ONE HUNDRED
MILLION DOLLARS ($100,000,000.00), as determined by generally accepted accounting
principle, from self-insuring. To the extent not covered by the insurance policies described
above, each Owner (the "Indemnitor ") will pay, and indemnify and save harmless the other
Owner (the "Indemnitee ").from and against, all liabilities, losses, damages, costs, expenses
(including attorneys' fees and expenses), causes of action, suits, claims, demands or
judgments of any nature arising from: (i) any injury to or death of a person or loss of or
damage to property caused by the Indernnitor or the Indemnitor's Agents, including the
Indemnitee's real property and the personal property of any tenant of the Indernnitee,
occurring on the Indemnitee's Parcel; (ii) any use or condition of the Indemnitoe's Parcel; and
(iii) any negligence or tortious acts of the Indernnitor or any of his tenants, licensees,
invitees, customers, agents or employees.
(e) Uses. The following use restrictions, which are agreed to touch and concern
the Parcels, are hereby imposed upon the Parcels:
(i) Hazardous Materials. No Owner of any Parcel shall discharge, dump,
spill or store any hazardous substances on or about its Parcel, whether accidentally
or intentionally, legally or illegally, and•shall not suffer any tenant or other person
acting pursuant to its authority to do so, excepting use of hazardous substances used
in the normal course of business and in accordance with all applicable laws and
regulations.
(ii) Prohibited Activities, No Owner o f any Parcel shall operate or lease
(or permit to be operated or leased) any building or tenant space on its Parcel for use
as: (a) a bar, pub, nightclub, music hall, dance hall, disco or teen facility; (b) a
bowling alley, billiard hall or bingo parlor; (c) a flea market; (d) a massage parlor;
(e) a facility for the sale of paraphernalia for use with illicit drugs; (f) a facility for
the sale or display of pornographic material; (g) ;a. site for the transporting, storing,
disposal or manufacturing of hazardoiisisubstanCes, land fill, dump or similar facility;
or (h) a facility for any use which is illegal or dangerous, which violates any zoning
or land use requirement, constitutes a nuisance or is inconsistent with the uses of the
Project.
(iii) Buffer Parcel. Except for a masonry wall and columns, and
landscaping and mounding, no surface improvements shall be constructed on the
portion of the Real Estate described on Exhibit 1 attached hereto and incorporated
herein (the "Buffer Parcel "). Notwithstanding anything in this Declaration to the
-26-
Requested By: BLN 100058 12/20/2010
0002'357 03/27/2000 03 :04P 27 of Ci
Mary In J. Smith, Boone County Recorder
contrary, the Owner of the Buffer Parcel shall not be obligated to pay or share in any
of the costs or expenses for maintenance, repair or replacement of Common Access
Ways, Common Utility Systems, Common Drainage System, or maintenance of the
Greenspace System, Common Capital Construction Costs or Signs as required in
Article Ix, Section 2 of this Declaration.
(f) Restrictions on Building Materials. The following building material
restrictions, which are agreed to touch and concern the Parcels, are hereby imposed,
notwithstanding anything in Article II, Section 2(j) to the contrary:
(i) Any building located (a) south of the southern boundary of the
Multifamily Tract, and (b) within fifty (50) feet of the curb of Bennett Parkway shall
have no more than fifty percent (50 %) of its front facade facing Bennett Parkway
comprised of metal material.
(ii) Any building located (a) north of the southern boundary of the
Multifamily Tract, (b) on land located in Boone County, Indiana, and zoned M -3 as
of June 7, 1999, and (c) within one hundred twenty (120) feet of the curb of Bennett
Parkway shall have no metal material utilized in its front facade facing Bennett
Parkway.
(iii) Any building located (a) north of the southern boundary of the
Multifamily Tract, (b) on. land zoned M-3, as of rune 7, 1999, and (c) more than one
hundred twenty (l20).feet away from the curb of Bennett Parkway with no other
building(s) located between it and Bennett Parkway, shall have no more than fifty
percent (50 %) of its front facade. facing Bennett Parkway comprised of metal
material. If metal, up to the permitted maximum of fifty percent (50 %), is used on
the front facade of such a building, the Owner of the Parcel on which such building
is located shall install evergreen trees, a minimum of :five (5) feet in height at
planting, at twenty-five (25) feet intervals along Bennett Parkway and mounding up
to three (3) feet tall along Bennett Parkway, with any topsoil excess generated at the
time of construction. Mounding is required only to the extent it occurs within fifteen
(15) feet of the Parcel's boundary with the light-of-way for Bennett Parkway and
does not interfere with necessary utilities or drainage.
(SIGNATURE ON NEXT PAGE)
-27-
Requested By BLN 100058 12/2012010
0002957 03/27/2000 03:04P 28 of 46
Naryln J. Smith, Boone County Recorder
IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants and
Easements, as of the date first written above, for filing of record in the Office of the Recorder of
Boone County, Indiana.
STATE OF 1N0 (I nIA
COUNTY OF 11Pal L-Tonl
}
) SS:
}
BENNETT FAMILY FARM, INC.
► C,Ld.k t-
Ey. .
Printed: 54 e-4 11 ti A 'V . 8tJJ ti
Title:, Vi e Rzt4 10 kir
Before me, a Notary Public in and for the above Coun0 and State, personally appeared
AR, A N f-I I PS-epirP 44- , the Vi c. e A ffrv-r of Bennett
Family Farm, Inc., an Indiana corporation, who, having been first duly sworn, acknowledged the
execution of the foregoing Declaration of Covenants and Easements on behalf of said
corporation, and stated that any representations contained therein are true.
w:.::.. witness my hand and Notarial Seal this ❑ day of March, 2000.
0,0,IIW}u.,r,, .,ti
A
a
3.51 OP \.r
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.13.4 c'1/4%
11.'am+alresident of , Gt,'a County,
My commission expires: fey 62 OCO
Notary Public
Printed: a n/ORA S. P isorJ
dc2 a )
This instrument was prepared by AND after recording , return to Mark C. Sausser, Baker &
Daniels, 300 North Meridian Street, Suite 2700, Indianapolis, IN 46204.
Requested By: BLN 100058 /212012010
r
wc/AQI vV 1r.0 40 ;40 *AFL 41t1100M4.f3
200081M 02/25/2000 114,35A 25 of 27
Margin J. Keith, Boots County Rene or
LAND ON
cr
hut oft a southeast andifortheest Quart= of Station 1 mud part of the Northeast Quad= of
12 ecr Township 17 Norte Range2 Fast and put dike Qatar of Seed= 6,
Tamed* 17 North, age 3 Bait ads' Seed Pxindpal man loonsad 1300130 and
Thenitinn Caurny, Taxlinza, described as fallow= eta SA inch &meter rotor it the
corner amid Sam; Quarter of S action 1, Township 17 Ncetb. Saw 2
South & &grecs 17 minutia 16 tweeds Witt (hewing !mod urn the Wilms State Plane
Coordinate System, Went Zcnip HAD 1983) along the wish Hatt °fold Southemt tester a
8:11.stegioe of 1346.76 Am to t W reber oat the Est wow et the wart Half arsaid gotamst
Qatar being the ?OJ T DF , thence Sam 00 &tete 28 minutes 35 aaoamds
Bata distance afn21.45 feet to i Sig indi dlsaostar robar la tho ciao of 106 b Bt eo thence
North 88 degrees 33 minutes 28 seconds West gong said espied/to a Manna of 1053 to
t saiIrood spat; t; thence North 00 dew 27 agnates 57 seconds West p llcl with the west lino
of mid Southeast Qterter a diatance of 108.24 Sect to a WS bah diameter Mgr with yellow cap
stamped VDIM I', hereheer retired to as =hat) ott tooth Iron of sad Rol:least
tie Ong North 00 &vacs 27 minutes 57 SCC01511. %risk it of 1320.76
feet to a rd:02 nn. the north line adz Southwest Quaff of said SW/least Quarter, rheum South
84 degrees S3 mimeos: 49, sods Wei along mkt north Querist,goaster line a &once of
258.05 feet to t coheir an the Northwest conme of said Sam ; $moo North
00 d gzt 2 7 m i n u t e s 57 seconds W e t s a l o n g tho wart lioo ofd Nm west Quir sc of Jd
Southeast Quarter a distance of L118.79 fast to a 1 inch ffiszoetcr pipe rt the Nordswest comer
of old Northwast (bring the southwast consee oftbepLd of Long Moak per the
plat thereof recorded as Plat Reid 6, Page 61 in the Boone County /beard= 003004 Theme
Nom 8B4 degrees 30 maim 22 seconds Past akmg the north, Hie of said Northwest
(bsing the south Ilva amid LOng Brook) a distance of 133533 feet to a rebur
with cap at the Est corner acid Northwest tom Noardz D0 dogxtcs Do
51 worlds West along the west Imo of tine Southeast Qoa ter of tic Nit Quarter of
Section 1 the east nine of said Lang Book) adistanoe of 702.04 fact to a raw on this west
coon of the south liner rtMbw Midge es tweed In PLd Sdok 4, page 193 in the Boone
Cowry Ilgozdera Office; thence North S4 degrees 22 46 seconds gest along t x: south
lea sf said Timber Ridges die of 120.00 Seat td i thence h 19 doh 23
robestes 26 secoods B a s t a distance 0120.16 S t e n o t h e north l i n e oft c Neat Quest= of
said Southeast Quarter (being &mot Naxth 84 dcgreca 30 minutes 22 seconds Fast 360.00 feet
Irvin the nozilawest corner of slid Northeast ); them c North 84 degrees 30
minutes 22 seconds East along saidnorth tine a dicta eta~ of 711.77 feet; thanbe
N o t c h 73 d e g h e ft 44 minutes 45 see odds East a Of:424. fhb theme North 28 degrees
44 minutes 45 socouds East a dots= '1 35.36 fit to tie ijeat 54 bet rigIn &way line of LT S. •
Highway 421; theme Mob 73 degrees 44 minutes 45 soda art a &twee'af50.00 feet) the
ceda me of LIS. moray 421; thence South 16 gees 13 rairunes 15 Seconds East along said
centerline a distance a#nd :721 t to the may estectiOn serf i b= 11ng exact South-85
dogma 01 =buses 49 seconds West along sail femce Eno a distance of 406.26 fiat to the oast
lime of the Southeast Quarter (0.5 inch &meter pipe hatted ibet snuck thence coutbning
South 85 de s 01 mid 49 seconds West alms raid twos tin a &tawe of 15$220 feet to
arbor eta the react line of till wart half of maid Salt Quaetsndietoo South. CO degrees 40
mica 17 almonds Vast alai said bet lite a tlistarxc+r of 2013.98 fret to'tha PDXNT Q
Coming 10$.619 agues, more or lows.
2029
Exhibit A
•
0002957 03/27/2000 03 :04P 29 of
Maryln J. Smith, Boone County Recorder
ExuntA'
3103ts/aDVD1Ha
Innt00 LTC Ii'tI CV V eo OU /1 /gO
Requested By: BLN 100058 1212012010
171002957 03/27/2000 03 : 04P 30 of 4
Maryln J. Smith, Boone County Recorder,
ERIE
A part of the North Half of the Southeast Quarter of Section 1 and a part of the Southeast Quarter
of the Northeast Quarter of Section 1, all in Township 17 North, Range 2 East of the Second
Principal Meridian, Boone County, Indiana, being more particularly described as follows:
Commencing at a 1-1/2" iron pipe marking the Northwest corner of the Northwest Quarter of the
Southeast Quarter of Section 1, Township 17 North, Range 02 East; thence. on the West line of
said Quarter - Quarter, South 00 degrees 27 minutes 57 seconds (assumed bearing) 145.26 feet to
the Point of Beginning of the herein described real estate; thence parallel with the North line of
said Quarter- Quarter, North 84 degrees 30 minutes 22 seconds East 1082.97 feet; thence North
54 degrees 55 minutes 34 seconds East 293.14 feet to the North line of said Quarter- Quarter;
thence on said North line, North 84 degrees 30 minutes 22 seconds East 10.13 feet to the
Northeast corner of said Quarter - Quarter Section, also being the Southwest corner of the
Southeast Quarter of the Northeast 'Quarter of said Section 1; thence on the west line of the
Southeast Quarter of said Northeast Quarter North .00 degrees 00 minutes 51 seconds West
702.03 feet; thence North 84 degrees 22 minutes 46 seconds Bast 120.00 feet; thence South 19
degrees 23 minutes 26 seconds East 720.16 feet to the South line of said Southeast Quarter -
Quarter; thence on said South line, South 84 degrees 30 minutes 22 seconds West 38.97 feet to
the Point of Curvature of a curve concave southerly, having a central angle of 29 degrees 34
minutes 48 seconds and a radius of 250.00 feet; thence westerly and southwesterly on said curve
an arc distance of 129.07 feet (said are being.subtended by a chord which bears South 69 degrees
42 minutes 58 seconds West 127.64 feet); thence South 54 degrees 55 minutes .34 seconds West
864.59 feet to the Point of Curvature of a curve concave southeasterly, having a central angle of
55 degrees 35 minutes 51 seconds and a radius of 280.00 feet; thence southwesterly and
southerly on said curve an arc. distance of 271.70 feet, (said arc being subtended by a chord
which bears South 27 degrees 07 minutes 39 seconds West 261.17 feet); thence South 00 degrees
40 minutes 17 seconds East 440.30 feet; thence South 89 degrees 19 minutes 43 seconds West
698.88 feet to the West line of the Southeast Quarter of said Section 1; thence on said West line,
North 00 degrees 27 minutes 57 seconds West 918.16 feet to the Point of Beginning, containing
22.872 acres, more or less; subject to rights -of -ways, easements and restrictions.
Requested By: BLN 100058 12/20/2010
MAR-23-00 T U
SCHNEIDER ENGINEERING
re] THE
SCHN'EIDER
L J CORPORATION
FAX NO 317 574 3799 P; 10
3020 North Post Road
Indianapolis, Indiana
415220-5518
3 t7 -808 -8282
317-89g-8010 FAX
317 --895 --2803 RESIDENTIAL
SURVEYING FAX
0002957 03/27/2000 03104P' 31 of itit
Maryln J. Smith, Boone County Recorder
Engineering
Surveying
Lar2dRcapc Architecture
GIS • LIS
Geology
Land Description
Proposed 60 Foot Right Of Way
A part of the Southeast Quarter of Section 1, Township 17 North, Range 2 East and o part of the
Northeast Quarter of Section 12, Township 17 North, Rouge 2 East, both of the Second Principal Meridian,
Boone County, Indiana, being described as follows:
Commencing of a rebar with o cap at the Northwest corner of the Northeast Quarter of said Southeast
Quarter. (being the southecst corner of the Plat of Long Brook per plot thereof recorded as Plot record 6,
page 61 in the Office of the Recorder of Boone County, Indiana); thence North 84 degrees 30 minutes 22
seconds East °long the north line of the Northeast Quarter of 8vid Southeast Cuorler 321,10 feet to the
Point of Beginning; thence South 05 degree's 29 minutes 38 seconds East 60,00 feet to o point on o
non-- tongent curve having. a radius of 150.00 feet, the radius point or which bears South 05 degrees 29
minutes 38 seconds Eost; thence southwesterly along said eurvc an arc distance of 98,09 feet to a point
which bears North 35 degrees 04 m nutas 26 seconds West from said radius point; thence South 54
degrees 55 minutes 34 seconds West 864.71 feet to the paint of curvature of a curve having a radius of
220,00 feet, the radius point of which bears South 35 degrees 04 minutes 26 :seconds Cast; thence
southwesterly along said curve an orc distance of 21148 feet to ❑ point which bears South 89 degrees 19
minutes 43 seconds West from said radius point; thence South 00 degrees 40 minutes 17 seconds Fast
2119.96 feet to the center line of 106th Street: thence North 88 degrees 33 minutes 28 necond West along
sold center line 60.04 feet; thence North 00 degrees 40 minutes 11 seconds Worst 2117.75 feet to the
point of curvature of a Curve having o radius 280.00 feet, the radius point of which bears North 89
degrees 19 minutes 43 seconds East; thence northeasterly along said curvy; on arc distance of 271.70 feet
to a point which bears North 35 degrees 04 minutes 26 seconds West from said radius point; thence North
54 degrees 55 minutes 34 seconds East 854.71 feet to the point of curvature of a curve having a radius
of 250.00 feet, the radius point of which bears South 35 degrees 04 minutes 25 seconds Cost; thence
northeosterly along said curve an arc distance of 129.07 feet to the Point of Beginning which that bear;;.
North 05 degrees 29 minutes 38 seconds West from said radius point. Containing 4.600 acres, more or
less.