HomeMy WebLinkAboutAccess & Parking Easements
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InstruMent
200400086512'
DECLARATION OF ACCESS AND PARKING EASEMENTS
TillS DECLARATION OF ACCESS AND PARKING EASEMENTS (this
"Easement") is made this ~ day of December, 2004, by Simply St6lr~II~lle, LJ.,C, an
I d- Ie e d 1- bel- . ("88") Fired for R.ecord In
n lana lmlte la llty company. · HAMILTON CDU~HY, INIHA~M
JENNIFER J HAYDEN
12-28-2004 At 11:49 aM.
EASEMENTS 27.00
WITNESSETH TP~T:
WHEREAS, SS is the owner of certain real estate located in Hamilton County, Indiana
("Parcel 4B"), which is more particularly shown on the site plan attached hereto as Exhibit A,
which is incorporated herein by reference (the "Site Plan");
WHEREAS, SS is the owner of another certain parcel of land adjacent to Parcel 4B
("Parcel 4A:'), which is more particularly shown on the Site Plan; .
WHEREAS, Parcel 4B and .Parcel 4A, the legal descriptions of which are attached
h~reto as Exhibit B, are contiguous and adjacent as shown on the Site.Plan. Parcel4B and Parcel
4Aare sometimes referred to herein individually as a "Parcel" and together as the "Parcels"; and
WHEREAS, SS intends to the sell Parcel 4A and desires to grant the following
easements and to impose the following obligations upon the Parcels, which easements and
obligations shall only be effective from and after the date thatSS is no longer the owner of
Parcel4A. Suc;h easements and obligations shall run with the land and to the benefit of and bind
the respective Parcels and the owners :tram time to time of, the Parcels or any portion thereof.
The tenn "owner" shall be deemed to refer to the successors,. grantees. and assigns of SS,and any
. net lessee of any Parcel or part thereof which has assumed all of the obligations of the owning
party (individually as "Owner", or collectively, the "Owners").
NOW, THEREFORE, SS hereby declares and grants the following easements and
imposes the following obligations upon the Parcels:
1. Declaration of Non-Exclusive Access Easement to Parcel 4A. SS, as the Owner
of Parcel 4B("Parcel 4B Owner") hereby declares, grants and conveys to SS as the Owner of
Parcel 4A ("Parcel 4A Owner"), for the benefit of Parcel 4A, a non-exclusive perpetual access
easement over, upon and across that portion of Parcel 4B which is :tram time to time paved
sidewalks, walkways, paved private accessways .or any curb cuts or other means of access for
ingress to or egress :tram any public thoroughfares or rights-of-way adjoining Parcel 4B for the sole
purposes of providing a common entrance, pedestrian and vehicular ingress and egress to Parcel4B
and Parcel 4A (the "Parcel 4A Access Easement"); provided, however, such Parcel 4A Access
Easement shall noUn any: way interfere with Parcel4B Owner's business.
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2. Declaration of Non-Exclusive Access Easement to Parcel 4B. SS, as the Parcel
4A O\VIler, hereby declares, grants and conveys to SS as the Parcel 4B Owner, for the benefit of
Parcel 4B, a non-exclusive perpetual acces's eas~ment over, upon and across that portion of Parcel
4A which is from time to time paved sidewalks, walkways, pa'ved private .accessways or any curb
cuts or other means of access for ingress to or egress from any public thoroughfares or rights-of-
way adjoining Parcel 4A for the sole purposes of providing acon:uTIon entrance, pedestrian and
vehicular ingress and egress to Parcel4B and Parcel4A (the "Parcel 4B Access Easement").
3. D-eclaration of Non-Ex-clusive Parking Easement to 'Parcel 4A. Subject to the
terms her'eof, SS, as theParcel4B Owner, hereby declares, grants, bargains, sells, and conveys to
SS; as t4e Parcel 4A Owner; a perpetual, non-ex~lusive easement on, over, and under the paved
parking areas located on Parcel 4B for the purpose of vehicular parking for customers of the
Parcel 4A Ovvner, and its tenants, employees, agents, licensees and invitees (the "Parcel 4A
Parking Easement"); provided, however, such Parcel 4A Parking Easement shall not in any way
interfere with Parcel 4B, Owner's business.
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4. Declaration of Non-Exclusive Parking Easement to Parcel 4B. Subject to the
terms,hereof, SS, as the Parcel 4A Owner, hereby declares, grants, bargains, sells, and conveys to
SS, as, the Parcel 4B Owner, a perpetual, non-exclusive 'easement on, over, and under the paved
- parking areas located on- Parcel 4A-for the purpose of vehicular parking for customers of the
Parcel 4B Owner, and its tenants, employees" agents, licensees ap.d invitees (the "'Parcel 4B
Parking Easement").
5. Reservation of Rights_ SS, as the Parcel4B Owner reserves (~) the free use of
Parcel4B in any manner not inconsistent with the terms oftrus Easement; (b) the right to grant
simil'ar non-exclusive easements to any person at any time, and ( c) the right to assign, grant, or
convey other rights not inconsistent with the terms of this Easement to any person at ,any time.
The easements granted herein by SSas the P'!Tce14B owner are subject to all matters of record.
SS, as: the- Parcel 4A Owner, reserv,es (a) the free use of Parcel 4A in any ,manner not inconsistent
with the lehns of this Easement; (b) the right to grant similar non-exclusive easements to any
person at any time; and ( c) the right to assign, grant or convey other rights not inconsistent with
the terms of this Easement to any person at any time. The easements/granted herein by SS as the
Parcel 4A Owner are subject t~ all matters of record.
6. Indemnity and Insurance. Parcel 4A Owner shall defend,. indemnify; and hold
Parcel 4B Owner and its ,officers, directors, employees, invitees, agents, contractors, tenants, and
licensees safe and harmless from and against any claim, loss, damage, cause of action; liability,
I judgment, cost, or expense (in~luq.ing, without limitation, reasonable attorneys' fees) arising from
{i) bodily injury suffered by Parcel 4B -OW'Iler or its officers, directors, employees, invitees,
agents, contractors, tenants, or 1icensee~, or by Parcel 4 A Owner or any of its officers, directors, -
employees, invitees, agents, contractors~ tenants, or licensees; or (ii) any 4amage to the 'personal
or real property of Parcel 4 B O\Vller and its officers, directors, employees, invitees, agents,
contractors, tenants, or licensees arising out of Parcel 4A Owner:s or its, emplo)Te~s', invitees',
agents', contractors', tenants' or licensees' negligent, willful or reckless use or misuse of the
easements granted herein or breach ofParce14A O\VIle~'s obligations set forth herem.- Parcel4A
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OV\7ner, and its successors or . assigns, shall include the easement areas granted herein as
additional premises coyered Under its business insurance policy.
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Parcel4B Ovmer shall defend, indemnify, and hold Parce14A Ovvner and its employees,
invitees, ag.ents, contractors, tenants, and licensees safe and harmless from and against any claim,
loss, damage, cause of action, liability, judgment, cost, or expense (including, without limitation,
reasonable attorneys' fees) arising from (i) bodily injury ,suffered by Parcel 4A Owner or its
employees, invitees, agents, contractors~ tenants 9r licensees, or by Parcel4BOwner or ,any of it~
officers, directors, employees, invitees, agents, ,contractors, tenants or licensees or (ii) any
damage to the personal ,or real property of Par~el 4A 9wner and its employees, invitees, agents,
contractors, tenants or licensees arising out of Parcel 4B Owner's or its employees', invitees',
agents',. contractors', tenants' or licensees' negligent, willful, or reckless use or misuse of the
,easements granted herein or breach ofParcel4B Owner's obligations set forth herein. Parcel4B
o Viner, and its successors or assigns, shall in.clude the easement areas granted herein as
add~tional premises covered under its business insurance policy.
7. Covenants Running with the Land. S S acknowledges and agrees that the rights,
easem.ents, and obligations contained in this Easement shall be covenants running with Parcel4B
and Parcel 4A -and shall inure to, the benefit of and be binding upon the Parcel 4B Owner and the
Parcel 4A Owner and all subsequent owners or other persons having an interest in all-, or any part
ofParcel4B and Parcel4A.
8. Modification. This Easement may be terminated, modified, or amended only by a
writing executed by the owners of Parcel '4B and Parcel4A.
9. ' Maintenance and Repair. Parce14B O:wner and its successors or assigns shall- be
responsible for all maintenance and repair 'of Parcel 4B and Parcel 4A Owner and its successors
or assigns shall be responsible for all maintenance and repair of Parcel 4A. In the event that
Parcel 4B O~er or Parcel 4A O\Vller fails to maintain or repair its respective Parcel, then the
Owner not responsible-for such maintenance or repair shall have the right, but not the obligation,
to perform any such maintenance and repair o1Jligations at the responsible Owner's sole cost and
expense, if the responsible Owner fails to commence such maintenance and repair work within
thirty (30) days after receipt of written notice ,thereof from th~ Owner not responsible for such
maintenance and repair. Parcel 4B Owner wd Parcel 4A Owner will each separately be
responsible for its_ prQrata share of Maintenance Costs pursuant to that certain Declaration of
Development Standards, Covenants and Restrictions for .~ark Northwestern - Section One
recorded in book 158 page 592 iri the Office of the Recorder of Hamilton CQunty, Indiana, as
amended and supplemented.
10.
Indiana.
Choice of Law. This Easement shall be governed by the laws o-f -the State of
11. . Attorneys' Fees. In the event of any action or proce~ding brought by any Owner
under this Easement, the prevailing party shall be entitled to recover all costs and expenses in the
enforcemept of any provision oftffis Easement, including reasonable attorneys' fees.
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IN WITNESS WHEREOF, SS has caus~d this Declaration of Access and Parking
Easements to be e~ecuted as of the day _and year first above -written.
STh1PL Y STORAGE ZIONSVILLE"LLC, .
an Indi limited liability company
STATE OF INDIANA
COUNTY OF fialM;{.h~J\
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) SS:
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Before me, a Notary Public in ~d for said County and State, personally appeared, Kurt _
E~ O'Brien, as the manager of Simply Storage Zionsville, LLC;) an Indiana limited liability
company, who acknovv:ledged the execution of the foregoing Declaration of Access and Parking
Easements fo~ an on behalf of s'aid limited.liability company_
WITNESS my hand and Notarial Seal this 23 day of December, 20-04.
Notary Public /1
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,. Printed Name .. Kv Ie A - Sc1,!,y,~tde~' J
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County of Residen.. ce:
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My Commission Expires:
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This Instrument Prepared By: Kyle- A. Schmutzler, Attorney at Law, OB Companies, 11595 l\t,
Meridian, Suite 510, Carmel, IN 46032.
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EXHIBIT A
Site Plan (attached)
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EXHIBIT B
Parce14B and Parce14A Legal Description (attached)
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T4A LEGAL:
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t ~f Lot Nitl1tber 4' of'P AIU( NOlJ-THWESTERN,
lbdivision in' Halnilton County, .Indiana, the Record
t of which was recorded 011 the ,4 th day of September
.980, as InstrumentNumber1:1q19 o~pages 128
)ugh 132' of Plat Book 8, .al)d aU 'amendments and
l~ectiops thereof, all as recorded in the Office of the
~order. of Hamilton County,.~ndiana,said part ,of Lot 4,
19 llloi.e particularly described as follows':
mnencing at the Southwesterly ~omer :of said Lot Number 4, said comer being on a curve, theradius point of which lies
.00 feet South 27 degrees 36 mitultes 31 seconds East from said Southwesterly comer; thence Northeasterly, curving to the
If 011 sai4' cUrve and on the Southerly line of said Lot Number 4, an arc distance. of 33.92 feet to the PLACE OF
3INNING of the within describec:i real estate; thence North 27 degrees 36 minutes 31 seconds West parallel with the.
sterly line of said Lot 4, a distance of 143.97 feet; thence North 62 degrees 23 minutes 29 seconds East 50.00 feet; thence
th 27 degrees3'6thinutes31 sec6itds'East152.37 feet to a point on the Southerly line of said LofNumber 4, thence
thwesterly, curving to theJeft on said Southerly line and ona curve having a radius bf 355.00 feet and a common radius
It with the last described curve; an arc distance of 50;74 feet to the place of beginning, containing 7,377 square feet.
~d: pecelnber 8, 2004 .
~ Prep.llred. for:
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~ 4B LEGAL:
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of Lot NU'l1tber 4 of P ARI(NORTHWE~TERN"
bdivisiol1 in I-Iamiltori County, Indiana, the Record
of which was recorded on the 4 th day of September,
i80,as Instrument Number 13619,011 pages 128
Llgh 132' of Plat Book 8, and all anlendlTIents and
~ctions thereof, all as record~d in the Office of the
Jrder of I-Iamilton, County, Indiana, said part of Lot 4,
g lTIOr~ .par~icularly .?es,cribed, as follows:
.niiing at the Southwesterly comer of said Lot Number 4, said comer being on a curve, the radius point of which lies
00 feet Soul1127 degrees 36 minutes. 31 seconds East from said Southwesterly comer; thence Northeasterly, curving to the
)n said curve and on the Southerly line of said L~t Number 4, an arc distance of 33,92 feet; thence North 27 degrees 36
!tes 31 seconds West parallelwith the Westerly line of said Lot 4, a dista1).ce of 143.97 feet; thence N mth 62 degrees 23
!tes 29 se<;onds East 50.00 feet;. 111-en,cJLSouth27 degrees 36 minutes 31 seconds East 152.37 feeHo a point on the
herly line of said Lot Number 4, thence Northeasterly, curving to the left on said Southerly line and on a curve having a
1,S of 355.00 feet and a C01111TIOn radius,-point with the last 'described curve, an arc distance of 27.52 feet to the
lleastedy comer of said Lot;"being also the Southwesterly comer of Lot Number 3 in said subdivision; thence North 09 .
ees 30 minutes 09 seconds West on the common line between said Lqt Number 4 and Lot Number 3, a distance of 287.66
~o the N ortheasterl)' comer of said Lot Number 4; thence South 89 degrees 05 minutes 43 seconds West on the Nottherly
)f saidLot Number 4, a distance of 55.98 feet; thence South 69 degrees 41 minutes 57 secQnds West continuing on the
herly line of said Lot Number 4, a distance Qf 145.00 feet to the Northwesterly comer of said Lot Number 4; thence South
~grees 18 minutes 03 seconds East on the Westerly line 'of said Lot Number 4, a distance of 12.85 feet to the .
heasterly cornel: ofL6't Number 5 in said subdivision; thence South 27 degrees 36 minutes 31 seconds East on the
non line between said tot Number 4 and LotN1}mber5, a distance of 288.02 feet to the place of beginning, cOlltaining
)8 square feet. ," ~, .
1: DeC~Jl1Qer 3, 2004
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nnno WEIHE ENGINEERS_ INC