HomeMy WebLinkAboutWarranty Deed • /L / ' G4 , •prune/ !i..' / /4.�
WARRANTY DEED
THIS INDENTURE WITNESSETH, That 421 REALTY COMPANY, INC., an
Indiana corporation, FRED C. WURSTER, as Trustee of the Russell P. Wurster Irrevocable
Trust.I and ADMIRAL HOLDINGS,LLC, a North Carolina 1mitedliability company,
formerly known.as,•Sweeney Family, LLC, as their interests may appear ("Grantors") CONVEY
AND WARRANT to FIFTH THIRD BANK,INDIANA (CENTRAL), an Indiana banking
corporation ("Grantee"), for the sum of Ten and no/100 Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the following
described real estate in Hamilton County, State of Indiana:
•
see Exhibit "A" attached hereto and by reference made a part hereof("Fee Real
Estate"). •
This conveyance is made subject to:
a. All easements,rights of way and restrictions of record; and
b. The lien of the real estate taxes for 2001 due and payable in 2002 and thereafter.
Grantor certifies that no Indiana gross income tax is due and payable as a result of this
conveyance.
IN WITNESS WHEREOF, Grantor has caused this deed to be executed as of the I
day of March, 2002.
421 REALTY COMPANY,INC.
By: •::Yw ' GV 4z
_ Liissell P. Wurster, President
,1 1-1>
I ~r N.3C���O
• Phila4
��. 4 Fred C. " urster, f the Russell P.
� �� I Wurster Irrevocable Trust I
OOHS l
� /ii ADMIRAL HOLDINGS, LLC,
�/ formerly known as Sweeney Family, LLC
• Paul W. Sweeney, Manager 41✓c
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rFfI- _Ii.
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared Russell
P. Wurster, President of 421 Realty Company, Inc., and, being first duly sworn, acknowledged.
the execution of the foregoing Warrantybeed for.and on behalf of said_/corporation.
Witness'my hand and Notarial Seal this/q'�1day of. a t- ) , 2002.
(e 0L. a,p5&ORnJ c, )Notary Public
My Coorm mi`ssion Expires: My County�of.Resideace Is:
/
(1 Z�/O(o /"'/ fort////
STATE O nt fq- e- )
) SS:
COUNTY OF friPt4 tod )
Before me, a Notary Public in and for said County and State, personally appeared Fred C.
Wurster, as Trustee of the Russell P.-Wurster Irrevocable Trust , and, being first duly sworn,
acknowledged the execution of the foregoing Warranty Deed for and on behalf of said company.
Witness my hand and Notarial Seal this' day of/ b" `) , 2002.
!�c O _
04-A0 L.- 5 . W�✓ )Notary Public
My Commission Expires: My County of Residence Is:
7/Z 6 C /2t,4€.(0 nl
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STATE OF d/A;+IH )
/ ).SS:
COUNTY OF i M io4/ ) •
Before me, a Notary Public in and for said County and State,personally appeared Paul
W. Sweeney, Manager of Admiral Holdings, LLC, a North Carolina limited liability company,
formerly known as Sweeney Family,LLC, and, being first duly sworn, acknowledged the
execution of the foregoing Warranty Deed for and on behalf of said company.
Witness my hand and Notarial Seal this LIM day of/Zf4Rc.L/ , 2002.
- (1)(€2,t/2 -2.---2
(Wm(_ S. OsAD E ) Notary Public
My Commission Expires: My County of Residence Is:
7721/O(a /yM 2 o k!
This Instrument was prepared by Bruce E. Smith,Attorney.
Send.Tax•Bills and Return Deed to: Z51 N• ww, Kl.,1%-bacre SEZ,
-,.�,�.s..�c,• 44W
X:G6[W4284.to
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EXHIBIT "A"
LAND DESCRIPTION
A part of Block D of West Carmel Center as per plat thereof recorded as instrument
#200000057496 in Plat Cabinet 2, slide 515 in the records of Hamilton County,Indiana
and being located in the Northwest Quarter of Section 7,Township 17 North,Range 3
East in Clay Township, Hamilton County,Indiana being,bounded as follows:
Codunencing at the.Southeast Corner of the Northwest Quarter of Section 7,Township
17 North, Range 3 East; thence North 00 degrees 25 minutcs.52 seconds-West(assumed
bearing) 691.98 feet along the East Line of said Northwest Quarter to the northwestern
right-of way line of Retail Parkway(ref: See the plat for Block D of West Carmel Center
recorded as instrument#200000057496 in Plat Cabinet2, slide 515 in the records of
Hamilton County,Indiana);thence South 53 degrees 53 minutes 18 seconds West 298.61
feet alongethe northwester right-of way line of Retail'Parkway to the POINT OF
BEGINNING of this description; thence North 36 degrees 06 minutes 42 seconds West
208.66 feet; thence South 53 degrees 53 minutes 18 seconds West 217.91 feet to the
eastern right-of-way line of US 421 (Michigan Road) as per said plat,said point being on
a non-tangent curve concave to the east and being South 68 degrees 58 minutes 12
seconds West 229,118.12 feet from the radius point of said curve; thence-southerly
113.85 feet along the eastern right-of-way line of US 421 (Michigan Road)and along
said curve to northwestern right-of-way line of Retail Parkway,said point being South 68
degrees 56 minutes 30 seconds West 229,118.12 feet from the radius point of said curve,
the following six(6)courses are along the northwestern right-of-way line of Retail
Parkway; 1) thence South 64 degrees 59 minutes 41 seconds East 39.57 feet;-2)thence
North 67.degrees 59 minutes 34 seconds East 45:41 feet to the point of curvature of a
curve'to'the right,said point being North 22 degrees 00 minutes 26 seconds West 44.50
feet from the radius point'of said curve;3)thence easterly 17.09 feet along said curve to
its point of tangency, said pointof tangency being North 00 degrees 00 minutes 00
seconds 44,50 feet from the radius point of said curve; 4) thence North 90 degrees DO
minutes 00:seconds'East 44:50 feet to a point on a non-tangent curve concave to the
north,said point being South 00 degrees:20;minutes 23 seconds East 103.88 feet from the
radius point of said curve; 5)thence easterly and'northeasterly 63.07 feet along said curve
to a point being South 35 degrees 07'minutes 32.seconds East 103.88 feet from the radius
point of said curve; 6) thence North 53 degrees 53 minutes 18 seconds East 74.08 feet:to
the POINT OF BEGINNING containing 1.000 acres,more or less.
•
-07124
FILECOPY tiled for Record in
COPY HAMILTON COUNTY, INDIANA
MARY L CLARK
On 10-09-2000 At 12:57 PM.
WARRANTY DEED WARR DEED 40,00
- THIS INDENTURE WITNESSETH, That GLENDALE PARTNERS OF WEST
CARMEL, LLC,an Indiana limited liability company ('Grantor") CONVEYS AND
WARRANTS toTARGET CORPORATION, a Minnesota corporation ("Grantee"), for the
sum of Ten and no/100 Dollars($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the following described real estate in Hamilton
County, State of Indiana:
see Exhibit-"A" attached hereto and by reference made a part hereof,together with
a non-exclusive easement for ingress and egress on and over the real estate
described in Exhibit`B"attached hereto and by reference.made a parthereof,
together with a non-exclusive easement for drainage on,over, across and under
the real estate described in Exhibit"C"attached hereto and by reference made a
part hereof
This conveyance is made subject to:
a. All easements,rights of way and restrictions of record; and
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b. The lien of the second installment of real estate taxes for 1999 due and payable in
November,2000 and thereafter.
IN WITNESS WHEREOF, Grantor has caused this deed to be executed as of the
Pre'
day of &Ibf(+4 2000.
• GLENDALE PARTNERS OF WEST CARMEL, LLC
By: v
Kevin McKasson,'Member
DULY ENTERED FOR.TAXATION
Subjeco final acceptance for transfer
day of o et .20 00
Auditor
Q% Hamilton County '`/N, J� �y
Parcel l �R 4 V5
•
rCeOefe, [ Os r•, .dXQ
(In..
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STATE OF INDIANA )
) SS:
COUNTY OF MARION' )
Before me, a Notary Public in and for said County and State, personally appeared Kevin
McKasson, Member of Glendale Partners of West Carmel,.LLC, an Indiana limited liability
company, who, being first duly sworn, acknowledged the execution of the foregoing Warranty
Deed for and on behalf of said company.
Witness my hand and Notarial Seal this .0 day of 'B Hk ,2000.
• le WHDE S !Il906f
Z S EAL n !y Conaiatln Ct : Bt/nos TàIse(x hA/ 4 I
ly C�taq �[ budeew is 11aoI11w ( )Notary.Public
1
My Commission Expires: My County of Residence Is:
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This Instrument was prepared by Bruce E. Smith,Attorney.
Send Tax Bills and Return Deed to:
X.G04\5895.co
-2- .
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Exhibit "A"
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• (Page 1)
LAND DESCRIPTION
Target Lot
West Carmel Center •
version 2
August21, 2000
A part of the Northwest Quarter-of Section 7,Township 17 North,Range 3 East and a -
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part of the Northeast Quarter of Section 7,Township 17'North, Range 3 East located in
Clay Township,Hamilton County,Indiana being bounded as follows:
Conunencing at the Southeast Comer'of the Northwest Quarter of Section 7,Township
17 North,Range 3 East:thence North 00 degrees 25-minutes 52 seconds West(assumed
bearing)581.18 feet along the East line of said Northwest Quarter,thence South 53
degrees 53 minutes 18 seconds Wes •354.21 feet;thence South 69 degrees O8 minutes 38
seconds West 137.09 feet; thence South 24 degrees 01 minute 45 seconds West 47.14 feet
to the northern boundary;of the2.00:acre tract of landdescribed in the WARRANTY
DEED recorded in Deed Record 316,page.97 in the office of the Recorder of Hamilton
County,Indiana; thence South/88 degrees53 minutes 19.seconds West 11.28 feet along
the northern boundary of said 2.00,acre tract of land to thecurrently proposed(August
2000)eastern right-of-way'line of US 421 (MichiganRoad),said point being on a non-
tangentcurve concave to"the east and being South 68 degrees 53 minutes 49 seconds
West 229;128.72 feet from4he radius point of said curve;thence northerly 140.64 feet
along the currently proposed easternright-of-way line of US 421 (Michigan Road)and
along,said curve to a pointbeing'South'68 degreesi55 minutes 56 seconds West
229,128.72 feet from the radius point of said curve; thence'North 19 degrees 08 minutes
OI second West 42.95 feet along the currentlyproposed eastern right-of-way line of US
421 (Michigan Road); thence-South 64 degrees 59 minutes 41 seconds East 69.64 feet;
thence North 69 degrees 08 minutes 38 seconds East 28.85 feet to the point of curvature
of a curvetothe right,saidpointof curvature being North 20 degrees 51 minutes 22
seconds West 215.50 feet from the radius point of said curve;thence easterly 50.69 feet
along said curve to a pointof reverse curvature,said point of reverse curvature being
North 07 degrees 22 minutes 42 seconds West 215.50 feet from the radius point of said
curve and being South 07 degrees 22 minutes 42 seconds East 150.00 feet from the
radius point of the reverse curve;,thcnce easterly and northeasterly 75.22 feet along said
reverse curve to its point of tangency,said point of tangency being South 36 degrees 06
minutes 42 seconds East 150.00feet from the radius point of said reverse curve;thence
North 53 degrees 53 minutes la seconds'East 73.14 feet to the POINT OF
BEGINNING of this description thenceNorth 36 degrees 06 minutes 42 seconds West
608.53'feet to the point of curvature.cif-a curve to the right. said point of curvature being
N
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Exhibit"A"
(Page 2)
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South 53 degrees 53 minutes 18 seconds West 212.00 feet from the radius point of said
curve;thence northwesterly 21.13 feet along said curve to its point of tangency,said point
of tangency being South 59 degrees 35 minutes 56 seconds West 212.00 feet from the
• radius point of said curve; thence North 30 degrees 24 ns 04 seconds
d be n 80.55 59
feet to the point of curvature of.a curve to the left, said point
degrees35 minutes 56 seconds East 188.34 Feet from the radius point of said curve;d
thence northwesterly 19.33 feet along said curve tpoint
minutes compound
os 09 se onus Easre,said4
point of compound curvature being North 53 degrees 43
feet from the radius point of said curve and being North 53 d rv3;then minutes 09
seconds'East 20.00 feet from the radius point of said compound
northwesterly,westerly and southwesterly 31.36 feetalong said compound curve to its sec
ds
point of tangency,said point of tangency being North 36 degrees 06 minutes 52 de ends
West 20.00 feet front the radius point of said compound curve;
53 minutes 18 seconds West 67.72 feet to said currently proposed eastern right-of-way
line of US 421 (Michigan,Road);thence North 18 degrees 339 minutes t s 5 seconds West
50.27 feet along said currently proposed eastern righ t- Y l
Road);thence;North 53 degrees 11 minutes 22 seconds East 157.11 feet;thence North 45
degrees 18 minutes 00 seconds East 89.14 feet;thence North 43 degrees 20 minutes 38
seconds East 83.70 feet; thence North 55 degrees 41 minutes 53 seconds East 257.43 feet;
thence North 56 degrees 00 minutes 54 seconds East 15747 feet; hence North 5 tdeigrees
35 minutes 10 seconds East 24.58 feet to a point on-a non-tangent
northeast,said point being South 52 degrees 10 minutes 20 seconds West 378.45 feet
from the radius point of said curve;thence southeasterly 112.96 feet along said curve to a
point of reverse curvature,said point of reverse curvature being South 35 degrees 04
minutes 16 seconds West 378.45 feet from the radius point of said curve and being North
35 degrees 04 minutes 16 seconds East 875.22 feet from the radius point of the reverse
curve; thence southeasterly 287.44 feet along said'reverse curve to its point of tangency, •
said point of tangency being North 53 degrees 53 inute 36 deg East
minutes 22eet
from the radius point of said reverse curve;thence
seconds East 322.25 feet;thence South 25 degrees 21 minutes 13 seconds East 21.44 feet;
thence South 36 degrees 06 minutes 42 seconds East 41.46 feet; thence South
Su8 degrees
53 minutes seconds West thc ' ut 3 degrees m e
seconds E ast of the po int of heginning; eneSoh 53 degrees 53 18 seconds
West 731.93 feet to the POINT OF BEGINNING containing 14.217 acres,more or less.
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Etth3]31t "C"
(Page 2)
LAND DESCRIPTION
Target WestCorm el C Center
onfe
version t
August 24,2000
A part of the Northwest Ouorter of Section 7,.Township 17 North,Range 3 East and o part
of the Northeast Ouarter of Section 7,Township 17 North;Range 3 East located in Clay •
Township.Hamilton County, Ind'wno being bounded as follows: T wnshi 17
. Commencing of the Southeast Corner of the Northwest Quarter of Section 7, o P
North, Range 3 East; lhenttNorlh 00 degrees3minutes 52 seconds West(assumed bearing)
581.18 teat along the.East Line of said Northwest:()darter; thence South.53 deg u
137,09s feet:s thence Sauth•24 degrees 01 minute 45 secondsuWesOt847.114 feet oche northern
bound of-the_ -
Record 3 e 97 In the of lice olf,the Recorded of Hom'ilton County.Indiana;thence red
Record'8 d, page
' 2.00 core Bract of to'minutes
the currea fly proposed (August 2000)teosternhnghtofswayline said
128.c2 feet Incave' rthe east and
being 421 South-68 degeeeS 5 said point Second;on o non. 29.!28 curvet concave'to the eopl and of
.being urve, 'h ce northerly ore 140lea feet seconds eecu re9.
said curve, thence 1 (Michigan'igan'Rood)and feet aloud cue a too py proposed oot"6n deer e-55Y
128.72 feet from he radius point of said curve; thence North Ilna'oeU5.421 (Mlchigon_Rood)and along soldcurve to o point be ng Souh 68 degrees 55
19 de; ees s mn utes Ol2ec.
rig t-of a ay line Of lea 01,second West 42.95:feeleldie the currently p59 m Inutea stem
East 69 64 f et; thence North,69 dege ese08 minutes 381 seconds East 28 B5 feet to the Dods .
East 69:c4 feat; said ant of curvature being North 20"degrees
point o tes'2 lure of a.curve,to the feet eet. p,'
ea
easterly b9 feet oleo g said cur5ve to a pant toe•reverse curvature,old point,of ce '
radius pd nt of said curve arnd being degrees
outh 07 22.minutest 42
s 22 minutes'42 seconds Eost 15000he •
feet from the radius.point:of the reverse curve, thence easterly and northeasterly 75.22 •
feet along:said reverse curve to its paint of tangency,said point of tangency being South
36 degrees 06 minutes 42seconds East 150,00 feel from'the radius Point of said.reverse
duegrees53 mnutes58 seconds East 49,51 feet hence North 36 degrees 06 eminutes 428 '
secondsWest 41:46;feeq thence North 25 degrees•21 minutes 13 seconds West 21,44 feet:
• of a curverto'theleft(iaid our euhereinafter refereed to os?Curve qla)soid point of rvalure .
point'
ant
curvature
of Curve #1,othe thence minutes
111031 f et along Curve to the POINT OF radius
!h45ce grees37tedy tes
BEGINNING 'E this 75221 feet said Paint of ubeginning point 6 being North efi a north 3s minu t0 of
'.09 seconds'ur Curve 01 to a feet earn the r thiu0 degrees 42 m nu
feet along he r radius Loa polo!Curve I;thencceallorth 30 degrees 161 minutes 19 seconds West
feet 7r fe aht eagles point 8,Curves 35 - int on
24:77 feel; thence being 68 degrees gi cei 23 mi 0 sec 0 ds seconds East 875.22 feet from
Curve NI, said pain!'bung Norh 37 northwesterly.rnn35es #1 to a point of
reerse cut aiture, Curve In thence narthw UtUre 35.34'teat 35 egr es e'
reconds East 875221 feet)from m theerad csr Dint f Cur North#1 O d being South s 04 35 minutes degrees
minutes.lb seconds weal 376.45hfeet fom the anus point of the eeerse Curve; thence 04
thence minutes tufty 52.66 feet along
378.45lf et from theve?o a point of said Sreve 43cu ve; t 02
South 68 38 sreesds' minutes 378.45 50 fect from tst 108.41 feet; thence saeNorth 3 'degr_
minute's 68 degrees 35 mat 44. 70 et; thence South h.9 feet;degrees 30 minu! 39'degrees 5 15
29.21 feet5to seconds a point on a non-tangent curve cocave to southwest,st.sad Point beingast .
North 38 degrees ll.minutes 03 seconds Eost 711.45.feet from the radius pant af.said
30
curve:inutes 13 seconds Cost 711.45 Ice!from the radius point of so d e curve; hen e6 North
B7 degrees 30 minutes 04 seconds West 49.45feetp thence South 39'degrees lS minutes 55
seconds the POINT West BEGINNING feet:et ththence efSo South 3 cadres,greemore or Ise. 19 seconds East 107.25 feet to
WEST CARMEL CENTER _
TARGET ROAD DRAINAGE EASEMENT
•
SHEET NQ
AMERICAN CONSULTING, INC. '+" 2
4165 MILLEIlSVILLEItOAD rim= of
Masulaf INDIANAPOLIS,IN 462052998 z
• Comuct rs (317)X7.5580 FAX (3177 543-0270
Enafpaapv^qbl(C)1966-200a by 4mertr:on Conavuin9.int. .
o[Y.FILE: 2030es84.011.DOC
•.. Exhibit "C'
. Page
1 "W.CORNER,N E.if..
SEC 7-TI7N-R3E
„ I
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S SCREE: r 200'
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�''• 1 POINT Or BEGINNING
s3i4, PIucPOSED POND E/•SEWEWT
A. a. —.4.11§..104-11.1711.3P:.-—— `l),.
a3. \)a
\� °3 IMST-/9709729699
r E:3 sl1.0)451Y-26.56' �`(P'C'e
3 ,6....,f NBY5070•W
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. o' / 4 N75'05'SPW-53.45'•�� �\ .•• eD� \Jy,
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Ss 6 -13.2103' N.S.
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C -N411•15'1354 •a Ste\ 11 Cc)
LAND DESCRIPTION ��'rc_9 age
Pond Easement 4S r 'PPP:`f'''Y- `?
West Cermo Cella + ,
Version 1 0 .1 e �.
wgat25z000
Abort of.the North eat°aorta,of Section 7,Ta•mde017 North,Range '4r g\ \
3 East lout.d Hocy te.nann.H ill county.Indoors being s0 pin
bounds n4pno.e °a
BEGINNING aCa Point un the Wnl LWe al,the Northeast°un er at ;' \ 18
Section
n9gthe terminus oI the rest R rues*In the lend deeecrlallenaoithe i'^
N2D4051'w-168J3�\` p
60 466 u Doctor IaM 70972 desetbed N by heEGU Recorder el D 66,, ll°
tnd O besi being ant•/90 degrees 2 by the Rs der I Hannon Cost( ssume x05407)7:-.11.36'vr 1°
b tlena9)�104.60 teed from the NotlhS Corny of seconds
N theeata(assumed ASS r rranutes 52
Cu I me er p fight CM-courses'thence Sang In band Y al 4115 21194-50.04'l 1�54 mlnutas
q 81 nds oc 41 f eetd: )) a North 66 degrees a 40 m'ewless 10 ,t.0-)� tg•
•se Met 031'47411D feet:feet;2)lh Sh 51"d.r p O'.
d Eaal19313 3)))))1h SwN SFdsrees f0 minutes
inutes 10 ,0ds /
'scowls East 36900 t 5 4 the 5 th'08 deg 4LS3'SINE-66.08'�sh� /
"nds East 250.001 15 than South 08 deg se 40 minutes 10
seconds Coat 25500 feet:6 thence South 50 degrees 40 minutes 10 /0.9
seconds Wa t 3 l.BS t t:l thence Smlh nodegrees •
8)�l�.ncs South 6B Oegr44s 1!'mWUL 2l'isands�west 20.96 feet- N 2'37'4-36.588'' /4"g'
along the South Line of saW Northeast Outer; thence _ q
Nort 16 deg• 40 lea 10 ec seconds Wat 3850 eel:. Vence ` /1�
4 ue roe e33 42 22 seconds Ent 54.09 lest thence North 551h Minutes p 0 te•31° tt 24 seconds East 6006 feel ethane*North 47 degrees • \ /
22 minute;27 second Cost 110.00 f l:thence North 35 degrees 27 \ /
minutes 49 seconds East 50.04 lest;thence North O5 degreeS 40 mlnutn *-
seco seconds West-156.73 lot
•
• Exhibit °Ca
• (Page 4)
9
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R K
9
'TARGET LOT' ' i t . i
14.217 ACRE53 v Fe rn ycP
,• l fSS, u'( SCALE: IT = 100'
'61'6 %;1/4-g� 9pv _
u r,•' Noe' SlErE-29.7711;\ y`�m. sd� Kt h .
'foil v'i 1
.p e J
``� •` BEGINN •
ING? s9�O°'9 PROPOSED DRAINAGE
I .�',tly�g/„' `\`.. EASELIENT• 0.087 ACRES±
hd" y0` 4?'
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LANO'0E5CRIPTION •
m Target Road Poition.ot Drainage Easement
{m West Carmel Center
Version 1
August 24.2000
Vn. A port of the Nartheost Ouorter of Section 7;Township.l7 North,Range 3 East located in Cloy
Range 3
��$ Townsl9;D,Hamilton County.Indiana tieing hounded os follows.
z
rees 25 minutes 52 seconds West(assumed bearing)581.18'feet along the
Commencing at lhe.Southwesl Caner of the Northeast Ouatter of Section 7•Township 17 or
East; thence aiNorth rt e<g rees 53 minutes 18
West e South of 81 Northeast minute: t 7 ec0 d5 ass 49.5 f et minutes tB t N53tdh re 5 3 m reel)
secondast 01 degrees fet to the e P INT O7 eEcods G East thi d feel: thence eteeh 53 deg
!hence Nalh'80 degrees dfeet.
thence North 36 degrees 30 minutes
Nm 0 se d di We t Minutes:o
seconds East 0.99 feet to Iha POINT OF BEGINNING of this descr'ry wn:
l minutes or seconds 53 degrees e 5•5 Mi feet; gr ees 3t u es 18
thence Norse gfeen 5h mina South seconds East min feel:
thence South 36'dagrees 30 minutes 48 eaconds,Eosb 91.83 filet[ lhenceSOu
•i 9.59 seconds feet: thence nce S feet:
thence South 36 degrees 35.minutes 80 degrees e0 minutes 12 seconds ees 53 m?50 1ddS• ggrr
- notes 18 seconds West 25.63 feet to the POINT OF BEGINNING
containing 0.087 acres,more or less.
{I S.M.CORNER.N.E.lie
SEC.74175-R3E
- rjaur,i GE.N .114.SECTION 7-TON-R3E .
•
TARGET LOT - WEST:CARMEL CENTER •
pRAiNAGE EASEMENT®SNEEi NO.
• AMERICAN CONSULTING, INC. MOM t
[LLERSVILLE ROAD of
4IA M 162052998 1
• Architects INDIANAPOLIS, :
) s15.9r6 r [
Consultants VD�TSSeo PAX:0 n
Eaglne ecrOor. 1 lc) Igs6-2000 by Af•encnn 504,001500.Inc. •
00G in f: En�i�\5 V 9000010.6010 I 0E50.ME: 90005504 010.00C
?Moot n: u[ ioo.WO w. r"-0.e
E3(h.Lbit. "C"
(Page 5)
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A-,g 14.217'TARGET RES J `P,p SCALE: Y r t00' •
�1u 1L217 ACRES*
N N
v1'.:
POINT OF BEGINNING '-S Nr'/e
I u PROPOSED DRAINAGE se
i i - •
EASEMENT- 0.280 ACRES* +¢°o- \bt'
ilii 5i
s
WIC l \ \'ir.
d5 4 \•
I 4 A o° Z ^1`:
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tat \s- N71 LC 35•1 \ 1 51 �•
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Ib+ LAND DESCRIPTION
I„ Home Depot Ro West ot imd Getter age Easement
Version 1
I� August 24,2000
A port of the Northeast Ouor d�aSectionb7,Town Township 17 North.Range 3 East located in Cloy
1•g Township,Hamilton County. 17 North.Range 3
I t: th Commencing at 00 degree) 25 minutes of the •secUIds•
West(assumed of Section Z r ng)Township
thence North 53 degrees 53 minutes 18 seconds East 501.96 feet:
East:Lineal North p0 degrees 25 minutes 52 seconds•Weil(assvmad oeoring)581.18-feet along the
I WestLine.ot 81 'Northeast minutes e;
r seconds Eost.O!99�eel to the OINT•OF BEGINNING of this descripl on cthence North degrees
3 degrees 53-minutes 18
1 minutes 18 seconds East 25.63 feet; hence South 36 degrees 35 minutes 31 seconds East 179.81 feet:
lhence:Soutn 74 degrees It minutes 23 secands'EOst32.88,feet; thence
thence South x.20 degrees 47 minutes 08 seconds East 22395 feet: thence North,71 degrees 19 minutes
1 so seconds gree :40' )salt es 23e'Nwth
South ls'e st 42:29 feel:thence Saut?7Ede9 e0es 39 minutes 50 seconds..West 46:12 feet:tth 23
20'degf es•4 42.29 tae 1;
West 97591 feet:'thence North 80 degrees.40 minutes 12 seconds West090 feet to the POINT OF seconds
•BEGINNING containing 0.280 acres,more or less. .
1 //////S.w.CORNER.H.E.11a
SEC.I;TVN-RSE• — r
SOWN LINE.N.L.1f4.SECTION 7-111N-FOE
HOME DEPOT - WEST cARMELCENTER
• DRAINAGE EASE MENT
r� SHEET N0�
AMERICAN CONSULTING, INC. ' . ' a
4165 MILLEIISVILLE ROAD
Archaic: . INDIANAPOLIS,IN•46205-2991 t
Consultants, (317)547-5580 PAX:(717),K}0210
Engineers Co Con•ulLn4aInc.
tsar^ant Ic)rasa-2n00Py American
era ref: D:\. \p1\WtOO°HOG tool aESC.FILE:)OWASO6n0I 0OC
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SiCItCW.: _ morn Rr rYY-S6e
ROt5C4e:klOO.oW
LAND DESCRIPTION
Target Outlet
West Carmel Center
version 2
Atti)USI 7t 2C00
A part of the Northwest Quarter of.Seetio:r 7,Tnw•rs'.lip)7 North, Ranee 3 East Ioca:e.
in Clay Township.Hamilton County,Indiana belie buucdul a.s;allows:
C0111111 :1611.17,al the So•uthtes:Cr',Her 7f.tlt-No:7hwest Qiane:of Seaton 7.Township
1,7 Nonh,Range 3 East; thcrcc North 00 dez:w..s 95':minutes.52 second; West(ass'i;nec(
blaring) 581.18 feel along the East tin:of s th NpnhaestQoatter tierce South 53
degrees 53 ruinu:es 18 tcecirs•Wcst 354,21 lee',tI,c:tee South 69 dcgrecs CS:uinutcs 3t+
secn:rds-West 137,09 feet;.thcncc South 24;lcgrcrs 01,rninutc`415 seconds West 47.11 fret
to rlrr.iiorthem boundary of the'2.03 acre tract of lani1:<Ies.aii?YaI in the WA1<1<r',NfY
1D1U110-rccordcd in Deed Record 3I6, page 97 in the office of trio RecorCer of fla niiron
Couu:y.Indiana;thence SSSo.1458 deg et s 53 :notes l9 c ca:nds West 11.28 feet along
the o ttlicm hotuldtay of said 2.00 acre tract gf land to the currently pr oposcd(August
2000)castem right-or-way Lite of US 42I (tdichigan Rra.1),said roi:rc bring on a non
huger[utrve.toriCave (ii'.hr east and bailiff. South 68 degrees 53 utinnc:s 49 seconds
West 229-,128.72 fzct f:atn the radius poiac of said curve..thcnce non;te:rly 140.64 feet
• along the currently proposed eas.em tig!il-cf way line Of US 421 (Mid:igar i Rued)and
along said curve to a point lying Sundt 68 dcg:ees 55 in:Rites 55 seconds West
229,12E.72 Feet from the radius poii,t of stud nave;thence.North 19 degtccs 03 miimrns
0: second West 42.95 feet.along the eurrenay proposed eastern right of-way line of HS
421 (Michigan Road) to the. POINT OFBEGIW"NING of this cescr:pti':n; thence Saudi
64 degrees 59 minutes 41 seconds East r59.64 rare; thence NOhh.69 d edrres U3'minures 38
secoittls'East28.85 feet to me poi;lt of cctv2-,ue of a curve to die right, said taint or
curvature beinp,.North 20)deg,ses 51 minutes 22 sec'uuds'West 215.50 feet(corn the
racius:i)oint of SAW Lcone; c,iencs easterly 50.69 ccct along aaiil calve to a point of reverse
curvature,said point of iev'erse curvature burg Nadir 07 degrees 22 uiiriutes 42 seconds
West 2153D fret horn rht'radius point of card cur ye and heiig 5o:.rtl; 07 degrees 22
minutes.42 seconds East 150.00 fees from the radius point of the reverse :a.t ve-then
:easterly and northensleriy 75.22 feet along said reverse tunic to its Lome cfaangency,said
point of tangency being Suith'36 degrees 06 mine:tcs r12 sec:Culs r?ast 150.c0 feetfro:u
the radius point of slid:everid Carve; thence North 53 degrees 53 initares 18 seconds
East 73.14;thence North 36 degrees 06 rninctes42 seconds West 6:tit 83.fecttothe point
of curvatuic o; a curve to the ti;;in,said pCtint of curvature being South 53 degrees 53
mirwres 181secunds West 212.00 feet from the'adios paint of said curve;than:
•
•
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m)i ti r'v&stufy 2i.13 feet A1r711S said r;.in• ..to'Is point of:aiver.c , said point of tenzency
being Soul h 59 de yLes 3:i minutes 56*secorx1.s West 212.116 Fee: fcOr:hc radi is point cf
sail curve;:Neese North 30 rleaces 24 minutes 04 sc on:'s West 80.55 feat to the.point
of curvature of a carve ;a the lef:, said point of :urnature:beii g North 59 desreos 35
minutes 56 seconds East 188.34 feet from the raciva point of said curve;thence
narihw'cstcrly 19i3 feet along said curve to a point ofcomp und cun'atute,said point of
compound clay attire being tJoi h 53 degrees 43 minutes 09 seconds East 188.34 feet
fiotr.the ratios point of said cunt and being North 53 degrees 43 minutes 09 seconds
,'f as_20.00 feet from the radios point of said compound curve;:hence northwesterly,
westerly and southwesterly 3i.35 feet along said compound^urfe.to its point of ratrgr us:y,
said point of tan cncy he:ng North 3C'cegrees 05 minutes 42 seconds West 20.00 icct
from the radius point cif sridcorrp•nin.i Curve; tinned Sou ill 53 dreees 53 In;rutrs IS
seconds West!'G7.727<:a.tosaid.:am t dly pt,rwseu eM.tirI:r ti&lit.of-Way liar.of US 421
(Michigan RoN1).the following live(5)CVr15es are sIcriB:hc cu:ttiilly pi'npJscd c.a,ncn;
right-of-Ivay'line oft.'S471(NI ichignr.Rua.: 1):Irr.11„eSot:th I8decteas 39 rninu:es52
scccinds East 36.42 feet; 2)thence South 20 degrees 57,minutes £8 seconds East 17117E
fact to rite potntof curvature of a curve to the loft,said point of curvn:urrc being Sri nth (i7
degrees 92 minutes 42 seconds West 229,125.72 fact fromaite rtdiue point of said curve;
3)thcaee southerly 123.24 feet a:ocg said e:irve to a point being South 611 degrees 00
minutes 51 seconds.West 229.i28.72`eat from the radius point of said curve-,.4)thence
South 23 degrees 51. minn(c.s 55 accords Eest 13126 feet;5)thence South 19 degrees 08
minutes 01 second East t5'?.96 `cet to the FO1NT OF BEGINNING Co:raim:i;,
2.9e5acres.more or less.
2. • CO.:inv' fr • 0U•43.45• '
E k • 7]9.121)2' k • 279.i 33.1.2'
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t?NVlh.Rage 3E0;1 resoled in Clay 3
7owiii df the Nar,hwesl 0_or[e•Cl 9 ein; 7;TcemhF .Z
7awnitip,to;nolcn Cr_nty Innen: nein;,haandefim fat:ma:
Lon;IhE.ln.,e 1 s:o r;.s Cc•her nI he 2. l:uuC1 Lverte•cr to x''i'.1) .P 5 ,I n Lira 3
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Co. Ihene Korth C!'drr arrest 25r rut a 52 to:ruf.xe Ymst ,uf+ed$T 16•
seconds SRS 18 fee[nlong the
{otl lint of l 'Kahl west b•crle. the a Saitn 5S cecr e9 3 rri• enea 24 biebt a 1J9121 lag'.;e aS `�
U<h[e Soulr FR degrer•Darena'et 3E-se o".da A'etlt S i
ee conj.Wet;. 14 feet P.O Ire:em:5 c r bouncy} of,the 240 d na tend or lund d.( Il f . t..,e cue
WPkkCN17.lJEEC.recut Cad in R:gara'3a6.,pJge47In V'111.2 at lie.Reeid f.or horn,Can Ceunty.
lnoione: Inenee Stroh RP degrees 53 rtr.;1e11 p staeida Wed' 11.23 ft.t olan5 the rar therm it,,airy
o•seta 700 cent Croat of lend W the cats,:ly p•eaottd(Aug on d;'0 .eadtc:orp 7t-cl•r a y lle el
U5 47a (ru nt cQ Rua.) t'th(J the PO NT'C•t.T ht irlWUG 01 ;Ids de scent on:ShcJ pint 0 bei an c ran- ,I
tnn;ent nine LO'-vii le the'eels:(yo.d ea•r-'heretafler rein ed.lc'ua .,1:ej1')cnd_beinheneeIt ss
69 del-en 53 m:nulet la second,MI:779,1257?fee:I. the teGas InCC!Cu-7e l h
Souti 5d digre e s S. minutes'•9 ward•Well 5'74 teat olanq 4'e iortnern't Really 1,yon so d 7.0C care
Ire^.lalp.:-A :u Inc :ere
a•canton rh,.r.•1 one hr".r.g Scuth'65 Jc3'e<s rnut ,5t point West
on .nao•2 ern' th crq _S la
„rll el 9011 curve. hence n:Rner y 191 Career olon_j sa o current I
779,133-:2 lest 027 line i U5 U' (u.reigcn Fccd)o_d C Ong said curve ten;r re 5e.nrg Sculls CS con
oyen r6 m-;ulty I
CC:decr'e;S5 mi s_e1 secants N•p 729.'33 1 lac- fro, tue ray D op poet( rf h'tof-wuylUna
of 3 42es 56 min, P, .• sreerrs So art-7.22 Cer cca 03 reVUte.011 a and Eas:479`Ire;clung sc7d
cube 6y hEaaa-' ,:Let% Chase Sea 115c u 1 u n ei Radii toe.F&-t no a nee', l croene
eyrral-,nta4aoLhs en:1 th igh a ii Cj,.y lee ad-i or
L ornq Sala b$degrtes.55 minutes ek
seeded,Weil 229.116.`2 lee%Iron the rod y l palm el Cur..e.p: 1Tence sc utireiy 140.04 leek clang
acid eueter.uy propcsed can:rt.r:91.c b hey line or L•`'421 Y.chi:oo Wrci)and clan;Cu.'rt. II to
Ire JOlk I Ul EICGI47f1VC t rtainin4 3 0:5 oeres.mere Cr leas.
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. ` 1'.JT CARMEL CENTER ETC.7-TUN-AM
-• TARGET ROAD ACCESS POINT
AMERICAN CONSULTING, INC._ 3Aq:h,ro"24.7r.(43.CET HO-
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• ass HILLERSV70LE-ROaO'. 59.'At,3r: Cau o!
A.<D!ixrl ISolAH. POLN IS 4410514SI:
CaacPl•1is pl'.)'515-5510 FAX•,"-•17).54_14710 1
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WEST 'CARMEL CENTER
TARGET LOT ACCESS POINT
1.11?.♦.9m 5.2330"I.' NC.
AMERICAN CONSULTING, INC. _ .
•Arct Imes 1I6S MILLC'f:Y7:LLE.R0,1n 0oc✓:,Er. !'uo o!
{WI)WI.EPOLIS,1\ ISIM-2791 2
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A pr.-1 u!the Net.'+yes:Over ter cf$c:'■ 7. it--s`•o 17 Nnrin, Ru.'gt 5 Cost Walled in
,Ivy lnwns,.•_,1-cnillan Ch,-.he, 1.-eons hf rg aountrd 03!CI Ue1
:om.s.en;:+q c'.t:t Sau h!aa (ere'el'he.Naan.-k%I Oaorle:if Sec:b n 7.ter:so: ip 17
V✓lh.i;r9t 3 Cast; thence ti:'I":..dereet ik mr_1e152 itca•iJs West(<SSurned bccnng)
21.14 feel cl:-,g.Ite Cccl line DI shit r:n::ewes::Cuei tel Uientc SaJlh 53 derces,53
minutes 15 seconds well .lat ?. (t?:: lhe.tte Sek.:r.51 dey+ef OS rinot:s 38 seconds Went
13%.07 lee Ittnre Saul•.94 deq'ees l nOryte 4r De ands 0-411.47.1£feet tc me a,r;nern
5ear.eety • Ni 2r0 cue tfoei'cf IU descr L[i.i 't C.HPr'e`Iti:SE0 reCOrvl14'r.C fed
;Sec/4;315 pct.!': in :MC DII Li 3!tie Rcarder;a3 flan.ton Ce-r.ty. in'nn: teener
g In Aq e,.5! Nee 193CLC - 'Nest ',I.29 eel •on.)ire earn eounJy o' sod
av,3 : lit a 11:+J lu the :, reot+ propis'-'(kiln: ?2L ecelcen igityorywciy Into
of iA E21 (14 qa.,Ryc2:. sad pontk roc FE,nroti-lr-g•ni cc c .r _.fe lu the coal end
he`ny Si',;'. CE ce;'ess 53 minilts 43 arch J i?Mil);911:&.72 ecd trun' the rglhd Poo t of
s&-1 cuive. ::ecce,,z,:t it..0.4t(cc:onn.7 d y prccose L
1 re of 55 4ll'(-,-1 ccn ??teen an'.eCe]ea d"en in a pcid bey' c
. ult GCdey eos55
rank/real( ,r;cnaf west 129.12E 7?wet :rem Cf rurta p'::n:cf auk'carve; thence North
1a cecrees 03 roL..it ir Ct Sword Well 1:.35!eelc coo the u'. ntly prepesee easier%
l91 iU,cri. R3a.). t-.once Suit'c 4t 4<yr/es 59 mrueel 41 secnnds
Cot 61 64 l e% t'
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Cos` qI fie lee!,'!thence hive let the e. 11, Jv Ili o'nt a 3e tert zecen“
fi ccal 39.05 fell to g Re
5o;nt of ci 22 Se On c n'es:lc S we It call pent al s p;r 'e sod uare. thence ee
5' mrul<i 22 reel a Wes:5l`57.J ecc a ii lea( iudc5 p�r: tu?e, cave; Ineir,<el
vas:eel/50.bt feel erg soil r het. 'th a ao`-1 of tee:rit eer.olu:e, est 21Ohl DI
revers: eLf Yi rue-peng ltailh T.7,degre:3'2e.r l.r a(<: 4.Seconis Weil 215.50:fee: from Inn
red:aipt 'sh'd cur and I:cLrc cSJ l O 0 ec e2 rin3'ef 4e i icrarast 150:?3
! Oradt,n-i lift rc c le + 'e;;.her eOe!erly C C nerlleael ly 7 27
feet (fan y Lein Suuh
teed d'oet sCC(rout e a 4? : ct its dust.5 01 .C' l let, °:'d'=e'nt en pont 0 9
3b di;'eelCi r.'.nu t-t do sn[:d,.;Lin ttS 0y lest hum.the 1114 re.; tt nee-Nc t reverse 30
:aye; Ihe+ee N:-17 53 deg':u ..%Unitesle. ecares Lest
Orreei Oh rir_:n 42 secm.d]Nnl 3;5.53 feel to the peen.-el toe cofore.o' o.Cirri to time
Hirt.acid Cniit al<vnvlure Ding Sbh 50 degrees 53•-inutes 'R ml-Cr df Vieat'21200
IC.: Fpm ;he re_•cs cai.d ci said cunt; :tents rtrt-.,rreten`21 '3 text ol3n:e acrd cute
la•ti point al :er.genap I]'d pc n'Ot t:r.gerty 04'in0 SOu!n t?de;reel 35 vAuatis 55
setnnet Vr:Wt21?.03 fec: Fur.ile rdiva pCile el s:•d t net 1 . . -NaiU,30 0c9rees 24
m r..Ldre-Le:duds Westt CC'Si feet to the po nr n!eurenee c1 c Luise to tic .CIL soid
pnint of 3n-olm:ESn;.4 hqn 59 degree'35 nreIeS 54 se_-fds Cis: 1E024 Tent (nett the
radial Ooi,il of sa:d a.=e 1..0enee rnrl+ae5ie•ly.9.331ett ctona Sue: :Jr'r: It alpcst el
cCn,OJ .cet c d peint Ol yfrypant rrr l rei:lq b'or h 53 degrees <3'eh nu let'09
•l re . from r .us limn c std ec cn be:n4 NOrtr. 55 Ce rtes 4.1
eel':l-C 3il 63. tr,e.r:cis n oar a Of i<J tom.a+nj`cur e: friend:
no cal i•Ile > +a.r: l e 'i,:le l L Iy _ - -
nor ale.ly e: can i+;i sl-elf 1 Sfi leA o 1. ieComp a+ d eu ter°
phial uY cr:'e l y.' pt nr cr io per f he c vi lilt S ca'c sere, '.eta a roods
tail: ee�0'eel Lot:.Ire HO.?a feeel:la- Kt!treen Ll p: ps::; Were,r Sc't tt. e3cay lies 53
Min./'et 19 seer°hn Wet' n7.]21K 1 a rI Teo rlEC ethI NC our] deSthC t Chi-eV-way line.t or
di ree (3,:nrrr.ea 5? ecc W tae t 4.3 OeOECK.V3.i 'a;l".rdes r.rcpaa: themeSed.).1E
degree l;r e('' •t 1 f. Echiyus R:: a.t3 feet flea£ eA cu're•11 e.-sprite, 42s tern.is
' g::di, U+en:e Ovt•.d9'deyrHS f.J-sr-rite, 42 soCir•<3 West
9. 6 feel l a: a 47:rent 17 M1:L ins of OS 421 Os:<rips Noa1I: thence North 20
dt 9.06fee feel le. 1:D r.,3 F 0tceor. s nnY
471 0.4 57 n&c0-;lithce.north§ .d r 1:::t Tree tee 42 seconjs Ecst 1t,<2 feet,taaSaid
cu' en by rnn 2cc0: lhtn.e north to 59 det�n�rf 05.421(bichi on Rua]}; tunes Ep61h't&
5:g.: tly�trriiLeY5s:se._:•et'3f"`Poi 4 feet clt.t s':do5-rel.:ly pfo7o!ed eastern rign:-
oi.7.e.+,a r-r.�se5? ir'o+daast5c.` 7 700'4 terse,
hL..rav Ln• n!US ai I ;Mid•:qa-.P.aa:)lo lhe p^.bY- U: e-f.I,Yf11i10 ianlainir.
mere nr let
WEST CARAM
lrtil EL CENTER
TARGET LOT ACCESS POINT
01:: e.,art 25.70.- NCCTNV.
AMERICAN CONSULTING, INC-
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NON-FOREIGN AFFIDAVIT
• BY ENTITY TRANSFEROR
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
•
The•undersigned, on behalf of GLENDALE PARTNERS OF WEST CARMEL, LLC,
an Indiana limited liability company (the "Transferor") states that Transferor is this date
transferring to TARGET CORPORATION, a Minnesota corporation(the "Transferee") its
interestimthe United States real property (the'"Property") described in Exhibit"A" attached
hereto and by reference made apart hereof.
Section 1445 of the Internal;Revenue Code provides that a transferee of United States real
property interest must withhold tax if the transferor is a Foreign Person. In order to inform the
Transferee that the withholding of tax is not required upon the disposition by the Transferor of
the Property,the undersigned declares by means of this Affidavit,the following:
a. The Transferor is not a foreign person(as that term is defined in the Internal
Revenue Code and Regulations);
b. Transferor's United States federal identification number is: _
; and
c. Transferor's address is 320 North Meridian Street, Suite 700,Indianapolis, Indiana
46204.
The undersigned understand that the Transferee of the Property intends to rely on the
foregoing,representations in connection with the United`States Foreign Investment in Real
Property Tax Act. (Pub.L.No. 96-499,94 Stat 2682 as amended.)
The undersigned understand this Affidavit may be disclosed to the Internal Revenue
Service by Transferee and that any false statement contained in this Affidavit may be punished
• by fine, imprisonment or both.
Under penalties of perjury, the undersigned declares that he has examined this Affidavit
and it is true, correct and complete.
GLENDALE PARTNERS OF WEST CARMEL,LLC
By: —I—Le a—' '
Kevin McKasson,Member
•
• • •
Subscribed and sworn to before me, a Notary Public in.and for said County and State,this
�t,�. day of 6G�rga , 2000.
.Y �^i `WIDE S. ECHOLS /,2Jn?e kx/G iZ�f7 ' 'Smmissi tairm 11/ll/3101 )Notary Public
��, Ey Casty d laicism is: luiria (
My Commission Expires: My County of Residence Is:
This Instrument was prepared by Bruce E. Smith,.Attorney.
(This documentmust be retained until the end of the fifth taxable year following the taxable year
in which the transfer,takes place.)
X.604\5897 co
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. EXHIBIT
Sl.iHAMI.SS?ON GUTaELINTS
1. During the conceptual cicsi?n Ids;t.e, the constnLeting•pa r,•shall submit to them caper parties
the i&lowint:
A. Sae Dc.iyn f)oc:;nienis to Indicant.the P'o:lowi::g:
o Parking cimfigtlratinns and carparkir:e• •::Iml
O Typical bay width and stall dimensions •
o Tir:vet�idth
Setbacks
n Curb ccid.i.
•
c Spot elevations or rough Contours
o
Rough landscape.scope
o, Lighting pole locations
o Prcl:rniran•utility <trategies
R BuildineDesiguSinglc .1rcl'lan;toIlidi uetheFollowin„
n
Exterior r wan configuration
•
o Doors and<_tbre iron: extent
e Canopies and „ceth c:
u Probable cof.unn locations at exterior and abuttink;ocrbuilding on interior
C. Extrrior Elevation Drawings to Irdicate the Follcrwinv
c Opaque hall anus will dons :rnJ stoic Lron:s
After approval ha: been crantcd ot:conceptuo;l-tlesigil phase subrniced in accordance With
the guidelines Sped llid itt : ehrlv_; the constrt'cuttg`parly :hall suhm-t final- lc.ii;.t phase
phi,IS lo the other panic; tis;$allr;F•s:.
DX^.
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•
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A SiI :Desii n Delinr;din,! ?nf irmati n Outlined in the Concept Phase with
the Following Added Detail:
o
Refined grading plans. -
o Selected Ii*ping fixtures and resultant lighting levels in foot candles
I nndsr.ipnit;shnwn j rcnn'ir planting.mr•terin's and locations
o Propascd paving;section designs and location
n i?tility iayo.:ts including hydrants and sizes Proposcll
Pnplarll tic'-ail; for s.nths,silt:strut:(ides, n'i,tnholrs,
o Proposed site signage designs.and Iccations
R. ?uililFfl_ Design Plans Deli ti lnfoa:laliir:l Out:iuol in the Cuucept Phase with
the Following Added Detail;
o
Exterior wall rFiic-knessts
o Stnx:urat columns or bearing walls at building exterior and proposed
fn,.neatic.-.;design at adjoining wall beraeeu alalnico;buildings
• n V/here common footings are to he shared provide wanl or column load
intamtatior- for rlcs:i n of that fonnng
o Proposed roof p:an shu'a•iue slopes and location of penthouses or OLFILT major
machsnical equipment •
0 Rtlereuces of key flashing details of roof Ip ;Id;011lln�?ti Ii ll rl��,
C Fxlei ic'r Elevation Drawings Ila`nrarm:2 Intnmr,tins Outlined in ilia Conec.pt I'ha.cc
with :he Following Added Detail:
o Proposed bailcinn sign standards
o Paint color chins, and samples of other materials such as brick rx concrete
;id}7+»aCC%.;'d lass oi-aluminum finishes maybe annctatcd on fl-c c'cvatlnns)
o Prlrp<I, (' lar2e-scale detaiii.o key section condition to show cxte or dct;ig 1
in:emit
o
Maio:.penthouses or rootlop ccuipmcr.t profiles
nraC:3x, iA •
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n I-cat-nes such as •pecia) masonry patlens, bands or special uu!n:rtals and
texture;
o Rain leaden nr sc ipacrs
Wall sections al variotu exterior IQcations mclwl rfl' Nl the demising wail to
the adjoining huildi:tgwith keyvert:c.ti dimensioning
1, If a building is to have a Through-the-wall pnlrshrian access connection to an
adjoining budding, then the final design phase stibmi;:ion shall also include stn•the
n•,�•rirr of 5ticit-.ediaintng building)the following.:
• 0 Plans or the pedestrian mall ctrcuiarion showing any Varrdtions in floor
elevations
e Elevntinnsise:.tint.; of the proposed mall space showing store froth sign
bulkheads and key dimensions
o Ptoposerl.cciling design ice:tiding special features such as variations in heighr
or skylights
o
Floor material pal terns •
n Lanilxc:rp!ng and mall seating areas
n Proposed interior sign &'uideliaes
o Paint crdoi rhrps and samples of niter materials such as brick or concrete
• aggregates•fclas. or aluminum tirishes m.ty be uc:oiated on the plans or
devotions)
O Pi.lp(lsed large scale details of key section conditio;:s in show inferior design
intent
4. 1 ho constructirl :parlyshall provide the other parties with a compkh• set of bid
doctn.ern s for the buildind andior improve^rents to be located upon its Tract.
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DOCUMENTS REQUIRING SIGNATUi.c
IDENTITY OF DOCUMENTS: Site leveopnentAgreement. Declaration of Restrictive Cove-ants I.HDi.
Declarat:Qn of Restrictive Covenants (Retail 13). 9pera;;,un and Easement Agreement
PROJECT NAME: T-1366 Carmel, IN LOCATION: Camel, IN
TI IF .Al TACHED DOCUMENT IS SUBMITTED.AT I HE REQUEST OF:
(see attached e-mail)
Linda.Abraharnson, Regional Real Estate Manager
PURPOSE OF nOCUMENTS: Documents reoui•ed for closing
APPROVED BY: _ Form Document _
Legal Department
NIA,
Corn Dougherty,'Manager
Capital Investment Analysis
NIA_
Scott Nelson, Vice I'resident
Real Fstate
— -
. John Griffith S- Vice President
Property Development
Michael J: Wahlig
Authorized Sip:rater/
Please return documents and rout sheet to me prothptly after signing. Thank you.
Date: 1fl/04r00 Name: Erin.Becker
P-operty.Administrator X1-5383
I .
edL1 rr,cr.PG
•
CERTIFICATE OF MEMBERS
THE UNDERSIGNED,being all of the Members of GLENDALE PARTNERS OF
WEST CARMEL, LLC,an Indiana limited liability company ("Glendale")hereby consent to
the execution and delivery by any one of the undersigned (singly), for and on behalf of Glendale,
of any documents necessary to effectuate the sale of certain real estate located in Hamilton
County,Indiana by Glendale to Target Corporation or its nominee.
DATED: October S , 2000.
Daniel C Marr
Kevin e a son
William T. Stoops,HI/
• X:C04\5913.Co
Being re-recorded correct legal d.escriptic. o Exhibit "B"
•
daNnai J61
F0Q050Q5r si02 b_,P
i e a ecard in 1
copy HAMILTON COUNTY, INDIANA
MARY L CLARK
On 10-09-2000 At 12:57 PM.
AGREEMENT 196.00
• OPERATION AND EASEMENT AGREEMENT
BETWEEN
• TARGET CORPORATION
AND
GLENDALE PARTNERS OF WEST CARMEL,LLC
CARMEL,INDIANA 200200013437
Filed for Record in
• • HAMILTON COUNTY, INDIANA
MARY L CLARK
• 02-19-2002 11:31 as.
AGREEMENT 207.00
•
5)
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DHC:3e1e3Y7
•
AD i
OPERATION AND EASEMENT AGREEMENT
TABLE OF CONTENTS
Section Paae
Article I DEFINITIONS
1.1 Approving Party 2
1.2 Building 2
1.3 Building Area 3
1.4 Common Area 3
1.5 Constant Dollars 3
1.6 Floor Area 3
1.7 Governmental Authorities 4
1.8 Governmental Requirements 4
1.9 Occupant 4
1.10 Operator 4
1.11 Outside Sales Area 5
1.12 Party 5
1.13 Permittee 6
1.14 Person 7
1.15 Primary Building Area 7
1.16 Restaurant 7
1.17 Tract 7
1.18 Utility Lines 7
Article II EASEMENTS
2.1 Ingress,Egress and Parking 8
2.2 Utilities; 11
2.3 Construction,Maintenance and Reconstruction 15
2.4 Sign Easement 16
2.5 Restriction 17
DHC:38183V7
S pip
•
Article III CONSTRUCTION
3.1 General Requirements 17
3.2 Common Area 20
3.3 Building Improvements 24
3:4 Liens 28
Article IV MAINTENANCE AND REPAIR
4.1 Utilities Lines 29
4.2 Common Area 30
4.3 Building Iriiprovements and Outside Sales Area 40
Article V OPERATION OF THE SHOPPING CENTER
5.1 Uses 41
5.2 Lighting 46
5.3 Occupant Signs 48
5.4 Insurance 51
5.5 Taxes and Assessments , 59
Article VI MISCELLANEOUS
6.1 Default 59
6.2 • Interest 62
6.3 Estoppel Certificate 63
6.4 . Notices b4
65 Approval Rights 64
6.6 Condemnation 65
6.7 Binding Effect 66
6.8 Construction and Interpretation 66
6.9 Negation of Partnership 68
6.10 Not a Public Dedication 68
6.11 Excusable Delays 68
DHC:38183v7 11
•
•
6.12 Mitigation of Damages 68
6.13 OEA Shall Continue Notwithstanding Breach 69
6.14 Time 69
6.15 No Waiver 69
Article VII TERM
7.1 Term of this OEA 70
Article VIII EXCULPATION
8.1. Certain Limitations on Remedies 70
EXHIBITS
Exhibit A Legal Description of Target Tract
Exhibit B Legal Description of Developer Tract
Exhibit C Architectural Theme
Exhibit D Submission Guidelines
Exhibit X Site Plan
DHC:38183v7 iii
i.
OPERATION AND EASEMENT AGREEMENT
THIS.OP TION AND EASEMENT AGREEMENT ("OEA") is made and entered into
as of the day of October, 2000, between TARGET CORPORATION, a Minnesota
corporation ("Target") and GLENDALE PARTNERS QF WEST CARMEL, LLC, an Indiana
limited liability company(`Developer').
WITNESSETH:
WHEREAS, Target is the owner of a certain tract of land legally described in Exhibit A
attached hereto and identified as the"Target Tract"on Exhibit (the "Site Plan") attached hereto;
and
WHEREAS,Developer is the owner of a certain tract of land legally descn'bed.in Exhibit B
attached hereto and identified as the"Developer Tract"on the Site Plan; and
WHEREAS,the Target Tract and the Developer Tract(collectively,the"Shopping Center")
are contiguous and adjacent to each other as shown on the Site Plan; and
WHEREAS, the signatories hereto intend to develop and operate their respective Tracts in
conjunction with each other as integral parts of a retail shopping complex, but not a planned or
common interest development/community, and in order to effectuate the common use and operation
of their respective Tracts they desire to enter into certain covenants and agreements, and to grant to
each other certain reciprocal easements,in,to,over,and across their respective Tracts.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements
hereinafter set forth and in furtherance of the parties'understanding, it is agreed as follows:
DEC:38183v7
ARTICLE I
•
DEFINITIONS
1.1 Approving Party. "Approving Party" shall mean the Party designated from time to
time to make certain decisions and/or give certain approvals pursuant to the terms of this OEA.
There shall be one (1) Approving Party representing the Developer Tract and one (1) Approving
Party representing the Target Tract. Each Approving Party shall,have absolute discretion to make
the decisions and/or give the approvals expressly designated to be made and/or given on behalf of
the real estate represented by such position regardless of whether the Approving Party then owns all
or less than all of the Developer Tractor the Target Tract,as the case may be. The Party designated
as Approving Party for the Developer Tract shall have the tight to assign such status to any other
Party owning a Tract within the Developer Tract; provided, however, if such assignment is not
made in writing, then the status of Approving Party for the Developer Tract shall automatically be
deemed assigned to the Party acquiring the last portion of the Developer Tract owned by the Party
then holding the status of Approving Party for the Developer Tract. The Party designated as
Approving Party for the Target Tract shall have the right to assign such status to any other Party
owning a Tract within the Target Tract; provided, however, if such assignment is not made in
writing, then the status of Approving Party for the Target Tract shall automatically be deemed
assigned to the Party acquiring the last portion of the Target Tract owned by the Party then holding
the status Of Approving Party for the'Target Tract. Developer shall be the initial Approving Party
for the Developer Tract;Target shall be the initial Approving Party for the Target Tract.
1.2 Building. "Building' shall mean any permanently enclosed structure placed,
constructed or located on a Tract, which for the purpose of this OEA shall include any building
appurtenances such as stairs leading to or from a door,transformers, trash containers or compactors,
canopies,supports;loading docks,truck ramps,and other outward extensions of such structure.
1.3. Building Area. `Building Area" shall mean the limited areas of the Shopping
Center within which Buildings may be constructed, placed or located. Building Areas are
designated on the Site Plan. One or more Building may be located within a Building Area.
DHC:38183v7 2
AI
1.4 Common Area. "Common Area" shall mean all areas within the exterior
boundaries of the Shopping Center, specifically including the Street Access, and exclusive of(i)
any Building and (ii) any Outside Sales Area during the period such area is used for sales, display
and/or storage purposes.
1..5 Constant Dollars. "Constant Dollars"shall mean the present value of the U.S. dollar
to which'such phrase refers. An adjustment shall occur on January 1 of the sixth(6th)calendar year
following the(late of this OEA, and thereafter at five (5) year intervals. Constant Dollars shall be
determiriedby multiplying the dollar amount to be adjusted by a fraction,the numerator of which is
the Current Index'Number and the denominator of which is the Base Index Number. The `Base
Index.NumI bef'shall be the level of the Index for the month of the date of this OBA; the"Current
Index'Number"shall be the level of the Index for the month of September of the year preceding the
• adjustment year the "Index" shall be the Consumer Price Index for All Urban Consumers, U.S.
City Average, all items, published by the Bureau of Labor Statistics of the United States
Departnlient of Labor (base year 1982-84=100), or any successor index thereto as hereinafter
provided. If publication of the Index is discontinued, or if the basis of calculating the Index is
materially changed,then the Approving Parties shall substitute for the Index comparable statistics
as computed by an agency of the United States Government or, if none, by a substantial and
responsible periodical or publication of recognized authority most closely approximating the result
which would have been achieved by the Index.
'1.6 Floor Area. "Floor Area" shall mean the aggregate of the actual number of square
feet of space (i) contained on each floor Within a Building, including any mezzanine or basement
space, as measured from the exterior faces of the exterior walls or store front and/or the center line
of any common walls; provided, however, that the following areas shall not•be included in such
calculation: space attributable to any multi-deck, platform, rack or other multi-level system used
.solely for the storage of merchandise which is located above ground floor; any space used solely for
Building utilities or mechanical equipment;(ii) exceeding fifteen thousand (15,000) square feet
withinlan;Outside Sales Area and.(iii) used-for outdoor seating for customers of Restaurants and/or
DHC:38183v7 3
other food service businesses. Within thirty (30) days' after receipt of a request therefor, a Party
shall cert ify to the requesting Party the amount of Floor Area applicable to such Party's Tract. If
any Party causes an as-built survey to be prepared with respect to any portion of the Shopping
Center, such Party shall furnish a copy of such survey to the other Parties for informational
purposes only.
During any period of rebuilding, repairing,replacement or reconstruction of a Building, the
Floor Area previously attributable to that Tract shall be deemed to be the same as existed
immediately prior to such period. Upon completion of such rebuilding, repairing, replacement or
reconstruction,the Party owning such Tract shall cause a new determination of Floor Area for such
Tract toibemade in the manner described above, and such determination shall be sent to any other
Party requesting the same.
1.7 Governmental Authorities. "Governmental Authorities" shall mean any federal,
state, county, city or local governmental or quasi-governmental authority, entity or body (or any
departmental agency thereof)exercising jurisdiction over a particular subject matter.
1.8 Governmental Requirements. "Governmental Requirements" shall mean all
applicable laws, statutes, ordinances, codes, rules, regulations, orders, and applicable judicial
decisions or decrees,as presently existing and hereafter amended,of any Governmental Authorities.
1.9 HD Tract. "HD Tract" shall mean that property located to the South of the Target
Tract and shown on the Site Plan, of which, as of the date hereof, Developer is the contract
purchaser.
1.10 Occupant. "Occupant" shall mean any Person from time to time entitled to the use
and occupancy of any portion of a Building in the Shopping Center under an ownership right or
under any lease,sublease,license,concession,or other similar agreement.
1.11 Operator. "Operator"shall mean the Person, if any,designated from time to time by
the Approving Parties to maintain and operate the Street Access portion of the Permanent Access
DHC:38183v1 4
Drive and the Common Drainage Facilities (as defined in Section 1.19 and Section 4.2
respectively). The Person designated as Operator shall serve in such capacity until he resigns or is
removed by the Approving Parties. The Approving Parties hereby designate Glendale Properties,
. Inc. d/b/a Olympia Properties as the initial Operator, and Glendale Properties, Inc. d/b/a Olympia
Properties hereby accepts such appointment.
•
1:12 Outside Sales Area. "Outside Sales Area"shall mean those areas,if any,designated
on the Site Plan which from time to time may be used for sales, display and/or storage purposes;
provided;however,with respect to any Outside Sales Area located outside of a Building Area, the
Parties acknowledge and agree that the actual location of such Outside Sales Area may vary from
time to time, subject to the approval of the Approving Parties. During the period an Outside Sales
Area is: (i)used for sales,display and/or storage purposes,such area shall not be considered part of
the Cominon;Area, and (ii) not used for sales, display and/or storage purposes, such area shall be
considered part of the Common Area; provided, however, if the Outside Sales Area is located
within a Building Area,such area may be used for the location of Buildings.
1.13 Party. "Part" shall mean each signatory hereto and its respective successors and
assigns during the period of such Person's fee ownership of any portion of the Shopping'Center. A
Party transferring all or any portion of its fee interest in the Shopping Center shall give notice to all
other Parties and the Operator, if any, of such transfer and shall include in such notice at least the
following information:
(i) The name and address of the new Party,
• (ii) A copy of the legal description of the portion of the Tract transferred by such
Party; and
•
(iii) If the new Party is the designated Approving Party.
DHC 3SI83v7 5
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Each Party shall be liable for the performance of all covenants, obligations and undertakings
applicable to the. Tract or portion thereof owned by it that accrue during the period of such
ownership, and such liability shall continue with respect to any portion of the Tract transferred by
such Party until the notice of transfer set forth above is given. Until such notice of transfer is given,
the transferring Party shall (for the purpose of this OEA only) be the transferee's agent. Once the
notice of transfer is given, the transferring Party shall be released from all obligations pertaining to
the portion of the Tract transferred arising subsequent to the notice of transfer. For the purpose of
this Section only, if the notice of transfer is given pursuant to the provisions of Section 6.4, the
effective date of such notice shall be the date such notice is sent.
If a Tract is owned by more than one(1)Party,the Party or Patties holding at least fifty-one
percent (51%) of the ownership interest in such Tract shall designate in writing one (1) Person to
• represent all owners of the Tract and such designated Person'shall be deemed the Person authorized
to give consents and/or approvals pursuant to this OEA for such Tract.
Nothing contained herein to the contrary shall affect the existence, priority, validity or
enforceability of any lien permitted hereunder which is recorded against the transferred portion of
the Shopping Center prior to receipt of such notice of transfer by the Party filing such lien.
1.14 Permittee. 'Permittee" shall mean all Occupants (including, with respect to the
Street Access,owners of the HD Tract and Retail B)and the officers, directors, employees, agents,
contractors, customers, vendors, suppliers, visitors, invitees, licensees; subtenants, and
concessionaires of Occupants insofar as their activities relate to the intended development, use and
occupancy of the Shopping Center. Persons engaged in civic, public, charitable or political
activities within the Shopping Center, including but not limited to the activities set forth below,
shall not be considered Permittees:
(i) Exhibiting any placard,sign or notice;
(ii) Distributing any circular,handbill,placard or booklet;
DHC:38183v7 6
(iii) Soliciting memberships or contributions for private, civic, public, charitable
or political purposes;
(iv) Parading,picketing or demonstrating; and
(v) Failing to follow regulations established by the Parties relating to the use and
operation of the Shopping Center.
1:15 Person. "Person" shall mean any individual, partnership, firm, association,
corporation, limited liability company, trust, or any other form of business or Governmental
•
Authority.
1.16 Primary Building Area. "Primary Building Area" shall mean collectively the
Building Areas designated as such on the Site Plan, including the Building Area on the Target
Tract.
•
1.17 Restaurant. "Restaurant" shall mean any operation or business which requires a
governmental permit,license and/or authorization to prepare and/or serve food for either on of off-
.
site consumption; provided,however, notwithstanding anything contained herein to the contrary, a
supermarket,grocery store or similar operation shall not be'deemed a Restaurant.
1.18 Retail B. "Retail B"-shall mean that Property located to the North of the Target
Tract and shown on the Site Plan, of which, as of the date hereof, Developer is the contract
purchaser.
1.19 Street Access. "Street Access" shall mean that portion of the Permanent Access
Drives identified as "Commerce-Drive Permanent Access Drive" and "Retail Parkway Permanent
Access Drive"on the Site Plan.
1:20 'Tract. "Tract"shall mean that portion of the Shopping Center owned by a Party.
•
DHC:38183v7 7
1.21 Utility Lines. "Utility Lines" shall mean those facilities and systems for the
transmission of utility services, including the drainage and storage of surface water. "Common
Utility Lines"shall mean those Utility Lines which are installed to provide the applicable service to
• both the Developer Tract and the Target Tract. "Separate Utility Lines" shall'mean those Utility
Lines which are installed to provide;the applicable service to either the Developer Tract or the
Target Tract., For the purpose of this OEA, the portion of a Utility Line extending between a
Common Utility Line and a Building shall be considered a Separate Utility Line. Utility Lines
installed pursuant to this OEA shall only provide service necessary for the development and/or
operation of the Shopping Center.
ARTICLE II
EASEMENTS
2.1 Ingress,Egress and Parking.
(A) During the term of this OEA, each Party hereby grants and conveys to each other
Party for its use and for the use of its Permittees,in common with others entitled to use the same, a
non-exclusive easement for the passage and parking of vehicles over and across the parking and
driveway areas of the grantor's Tract, as the same may from time to time be constructed and
maintained;for such use,and for the passage and accommodation of pedestrians over and across the
parking, driveways and sidewalk areas of the grantor's Tract, as the same may from time to time be
constructed:and maintained for such use. Such easement rights shall be subject to the following
reservations as well as the other applicable provisions contained in this OEA:
(i) Each Party reserves the right to close-off any portion of the Common Area
on its Tract for such reasonable period of time as may be.legallysnecessary,
in the opinion of such Party's counsel, to prevent the .acquisition of
prescriptive rights by anyone; provided, however, that prior to closing-off
any portion of the Common Area on its Tract, such Party shall give written
notice to each other Party of its intention to do so, and shall attempt to
DHCr38I83v7 8
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coordinate such closing-off with each other Party so that no unreasonable
interference with the passage of pedestrians or vehicles shall occur,
(ii) Each Party reserves the right at any time and from time to time to exclude
and restrain any Person who is not a Permittee from using the Common Area
on its Tract;and
(iii) Each Party reserves the right to temporarily erect or place bathers in and
around areas on its Tract which are being constructed and/or repaired in
order to insure either safety of Persons or protection of property.
(13) In addition to the general easement specified in Section 2.1(A), the Parties hereby
grant and convey to each other Party for its use and for the use of its Permittees, in common with
others entitled to use the same,and subject to the reservations set forth in Section 2.1(A)(i) and(ii),
a non-exclusive, perpetual easement for the passage and accommodation of pedestrians and
vehicles (but not for parking purposes) upon, over and across that portion of each grantor's Tract
designated on the Site Plan as the,Permanent Access Drive; such Drive to be approximately thirty
30 feet wide (curb to curb), and to contain two (2) lanes, one in each direction. The easement
herein established shall be appurtenant to and for the benefit of each grantee's Tract. During the
term of this OEA, each portion of the Permanent Access Drive shall be maintained in accordance
with the provisions governing the maintenance of the Common Area on each grantor's Tract, and
such Permanent Access Drive shall not be relocated,without the approval of all grantees. After the
termination of this OEA, any grantor may, at its expense, relocate the portion of the Permanent
Access Drive located upon its Tract so long as the relocated portion remains reasonably direct and
ties into/connects 'with the other portions of the Permanent Access Drive on the immediately
adjacent Tracts. Notice of such relocation shall be provided,to each grantee at least thirty(30)days'
prior to relocation of such Permanent Access Drive.
After the termination of this OEA, that portion of the grantor's Tract on which the
Permanent Access Drives are located shall be maintained in a safe, clean and good state of.repair
DHC38I63v7 9
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and condition by the grantor, at its sole cost and expense. In the event the grantor shall fail to
perform the required maintenance, any grantee, after at least thirty (30) days' prior notice to the
grantor,shall have the right, but not the obligation, to cause such maintenance to be performed. If
such curative measures are taken the grantor shall, upon demand, immediately pay to the grantee
curing such default, all costs and expenses incurred with respect to such curative action. In
addition, such grantee shall have the right to create a lien upon the grantor's Tract in order to secure
payment of the amount expended by such grantee to perform such maintenance,plus Interest at the
rate set forth in Section 6.2 hereof.
(C) Target and Developer agree that Developer shall use its best efforts to dedicate the
Street,Access portion of the Permanent.Access Drives to the City of Cannel as public streets. Upon
any such dedication Target's private rights therein shall automatically terminate and expire and the
easement granted in the OEA for the Street Access portions of the Permanent Access Drive shall
terminate. No dedication shall,however,be made of the Street Access unless:
(i) such Street Access is accepted by the public entity for maintenance as a
public street or drive;and
(ii) the dedication does not preclude or prevent the continued use by Target of
the entrance to and exit from'the Street Access then being used incident to
• the Target Tract.
2.2 Utilities.
(A). Each Party hereby grants and conveys to each other Party non-exclusive, perpetual
easements in, to, over, under, along and across those portions of the Common Area (exclusive of
any portion located within Building Areas) located on the grantor's Tract necessary for the
' installation, operation, flow,passage,use, maintenance, connection,repair,relocation, and removal
of Utility Lines serving the grantee's Tract; including but not limited to, sanitary sewers, storm
drains, water (fire and domestic), gas, electrical, telephone and communication lines. The initial
DHC781830 10
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location of any Utility Line shall be subject to the prior written approval of the Party whose
Common Area is to be burdened thereby. Such easement area shall be no wider than necessary to
reasonably satisfy the requirements of a private or public utility company, or five (5) feet on each
side of the centerline if the easement is granted to a Party. The grantee shall provide to the grantor a
copy of an as-built survey showing the location of such Utility Line. All Utility Lines shall be
underground except:
(i) Ground mounted electrical transformers;
(ii) As may be necessary during periods of construction,reconstruction,repair or
temporary service;
(iii) As may be required by Governmental Authorities;
(iv) As may be required by the provider of such utility service; and
•
(v) Fire hydrants.
At least thirty(30) days' prior to utilizing the easement granted herein,the grantee shall first
provide the grantor with a written statement describing the need for such easement, shall identify
the proposed location of the Utility Line, the nature of the service to be provided, the anticipated
commencement and completion dates for the work and shall furnish a certificate of insurance
showing that its contractor has obtained the minimum insurance coverage required by Section
5:4(C). Except as otherwise agreed to by the grantor and the grantee, any Party installing Separate
Utility Lines pursuant to the provisions of this subparagraph shall pay all costs and expenses with
respect thereto and.shalt cause all work in connection therewith (including general clean-up and
proper surface and/or subsurface restoration) to be completed as quickly as possible and in a
manner so as to minimize interference with the use of the Common Area. In addition, the grantee
of any SeparateUtility Line agrees to defend,protect,indemnify and hold harmless the grantor from
and against all claims or demands, including any action or proceeding brought thereon, and all
DHC:'38183v7 I l
AO
costs,.losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys'
fees and costs of suit, arising out of or resulting from the exercise of the right to install, maintain
and operate the Separate Utility Line. If the Parties elect to install Common Utility Lines, all repair,
maintenance, replacement and other work thereon.shall be performed by Operator, if any, as part of
Common Area maintenance.
(B) The grantor shall have the right to relocate a Utility Line on its Tract upon thirty
(30)days'prior written notice to the grantee(s),provided that such relocation:
(i) Shall not be commenced during the months of November, December or
January,
(ii) Shall not interfere with or diminish the utility service to the grantee during
the grantee's business hours; and if an electrical line/computer line is being
relocated, then the grantor and grantee shall coordinate such interruption to
eliminate any detrimental effects;
•
(iii) Shall not reduce or unreasonably impair the usefulness or function of such
Utility Line;
(iv) Shall be performed without cost or expense to the grantee;
(v) Shall be completed using materials and design standards which equal or
exceed those originally used;and
(vi) Shall have been approved by the provider of such utility service and the
appropriate'Governmental Authorities.
DHC:38183v7 12
Documentation of the relocated easement area, including the furnishing of an "as-built"
• survey to all other Parties, shall be the grantor's expense and shall be accomplished as soon as
possible following completion of such relocation.
(C) Each Party hereby grants and conveys'to each other Party owning an adjacent Tract
the perpetual right and easement to discharge surface storm water drainage and/or runoff from the
grantee's Tract over, upon and across the Common Area of the grantor's Tract, upon the following
conditions and terms:
•
(i) The grades and the surface water drainage/retention system for the Shopping
Center shall be initially constructed in strict conformance with the plans and
specifications approved by the Approving Parties; and
(ii) No Party shall alter or permit to be altered the surface of the Common Area
or the drainage/retention system constructed on its Tract if such alteration
would materially increase the flow o£isutface water onto an adjacent Tract
either in the aggregate or by directing the flow of surface water to a limited
area.
All surface water collection, retention and distribution facilities shall be deemed a Common
Utility Line.
(D) After the termination of this CEA,(i) each Separate Utility Line shall be maintained
in a safe, clean, and good state.of repair and condition, at the grantee's sole cost and expense, and
(ii) Common Utility,Lines shall be maintained in .a safe, clean, and good state of repair and
Condition at the grantor's sole cost and expense. In the event the Party obligated to maintain a
Utility Line fails to.perform such required maintenance,the grantor in the case of a Separate Utility
Line or any grantee in the case of a Common Utility Line, after at least ten (10) days' prior notice,
except in an emergency in which case such notice shall be as reasonably possible, shall have the
right,but not the obligation,to cause such maintenance'to'be performed. If such curative measures
DHC:38183v7 13 •
•
are taken, the Party failing to perform such maintenance shall, upon demand, immediately pay to
the Party performing such maintenance all costs and expenses incurred with respect to such curative
action. In addition, the Party performing such cure shall have the right to create a lien upon the
defaulting Party's Tract to secure payment of the amount expended by such Party to perform such
maintenance,plus Interest at the rate set forth in Section 6.2.
2.3 Construction,Maintenance and Reconstruction.
(A) In order to accommodate any Building improvements which may inadvertently be
constructed beyond a Tract's boundary line, each Party grants to each other Party owning an
adjacent Tract,an easement,not to exceed a maximum lateral distance of six (6)inches,in,to,over,
under,and across that portion of the grantor's Tract adjacent to such common boundary line for the
maintenance and replacement of such encroaching Building improvements..
(B) In the event a constructing Party (the "Constructing Party") determines that it is
necessary to place underground piers, footings and/or foundations ("Subsurface Construction
Elements") across the boundary line of its Tract, the Constructing Party shall advise the,Party
owning the adjacent Tract (the "Adjacent Party") of the Constructing Party's construction
requirements and shall provide plans and specifications relating thereto to the Adjacent Party,
including proposed construction techniques for the Subsurface Construction Elements. Each
Adjacent Party hereby grants and conveys to each Constructing Party for the benefit of its Tract an
easement, not to exceed a maximum lateral distance of five (5) feet, in, to, under, and across that
•
portion of the Adjacent Party's Tract not theretofore occupied by any then existing structure, for the
installation,;maintenance and replacement of.such'Subsurface Construction Elements; provided,
however, that the Constructing Party shall have no rightto use such easement if the Adjacent Party
is able to provide the Constructing Party a reasonable alternative construction method for the
placement of the Subsurface Construction Elements entirely on the Constructing Party's Tract.
The Adjacent Party reserves the right to require the Constructing Party to modify the design
specifications for the Subsurface Construction Elements in order to permit the Adjacent Party the
DHC:38I83v7 14
•
opportunity to utilize the same in connection with the construction of its Building so that each Party
shall be able to place its Building immediately adjacent-to the common boundary line. If a common
Subsurface Construction Element is used by the Constructing Party and the Adjacent Party, each
shall assume and pay its reasonable share of the cost and expense of the design and construction
thereof. In the event any Building utilizing a common Subsurface Construction Element is
destroyed and not rep'iaced or is removed, the common Subsurface Construction Element shall
remain in place for the benefit of the other Building utilizing the same.
(C) The foregoing easement grants shall not diminish or waive any tight of a Party to
recover damages resulting from the Constructing Party's failure to construct its Building within its
Tract in the case of Section 2.3(A),or within the easement area limits in the case of Section 2.3(B).
Such easements in each instance shall:
(i) Continue in effect for the term of this OEA and thereafter for so long as the
Building utilizing the easement area exists(including a reasonable period to
permit reconstruction or replacement of such Building if the.same shall be
destroyed,damaged or demolished);and
•(ii) Include the reasonable right of access necessary to exercise and enjoy such
grant upon terms and with the limitations described in Section 3.1(E).
(D) With respect to Buildings constructed along the common boundary line between
Tracts,nothing herein shall be deemed to create or establish:
(i) A"common"or"party"wall to be shared with the adjacent Building,or
(ii) The right for a:Building to receive support from or apply pressure to the
adjacent Building.
•
DHC:38183x7 15
All
p.
2.4 Sign Easement. Developer hereby grants and conveys to Target for its use and for
the use of designated Occupants of the Target Tract, a perpetual easement for the construction,
reconstruction, replacement, operation, maintenance and repair of a sign structure, including the
right and privilege to place thereon or affix thereto sign panels, over, under, upon and across that
portion ("Sign Area") of the Developer Tract identified on the Site Plan as Target Sign together
with reasonable access over,under,upon,through and across the Developer Tract to install,replace,
maintain,repair and operate a Separate Utility Line pursuant to the terms and conditions set forth in
Section 2.2 above in order to provide such sign structure and panels with power to illuminate the
same. Except as otherwise provided in Section 5.3, Target shall pay all costs and expenses with
respect to the construction, maintenance and operation of the sign structure and panels upon the
Sign Area. The foregoing easement, together with the rights included therewith, shall be for the
benefit of and appurtenant to the Target Tract and shall be binding on and burden the Developer
Tract
In the event the Sign Area is taken by Condemnation (defined in Section 6.6), Developer
agrees to establish a new Sign Area to replace the land taken, such new Sign Area to be subject to
Target's approval, but as close to the original location as reasonably possible. Notwithstanding
Section 6.6, Target shall be entitled to receive all portions of the award paid relating to the
improvements located upon the Sign Area taken,including any relocation benefits,and Target shall
pay all cost and expenses associated with relocating or constructing a sign structure on the new Sign
Area, if it elects to do so.
2.5 Restriction. No Party shall grant any easement for the benefit of any property not
within the Shopping Center,provided,however,that the foregoing shall not prohibit the granting or
dedicating of easements by a Party on,its Tract to Governmental Authorities or to public utility
companies. Notwithstanding the foregoing; Developer:may grant a non-exclusive easement over
the Permanent Access Drive located on the Target Tract to property owners of Retail B in
accordance with requirements of the City of Carmel, so long as Target is granted a reciprocal
easement over Retail B. In addition, Developer may grant a non-exclusive ingress and egress
DHC:38183v7 1 6
•
easement over the Street Access portion of the Permanent Access Drive to owners or occupants of
Retail B and the HD Tract until such time as the Street Access is dedicated for public use.
ARTICLE III
CONSTRUCTION
3.1 General Requirements.
(A) Each Party agrees that all construction activities performed or authorized by it
within the Shopping Center shall be performed in compliance with all Governmental Requirements.
All construction shall utilize new materials and shall be performed in a good, safe, workman-like
manner.
(B) Each Party further agrees that any construction activities performed or authorized by
it shall not:
(i) Cause any unreasonable increase in the cost of constructing improvements
upon another Party's Tract;
(ii) Unreasonably interfere with construction work being performed on any other
part of the Shopping Center;
(iii) Unreasonably interfere with the use, occupancy or enjoyment of any part of
the remainder of the Shopping Center by any other Party or its Permittees;or
(iv) Cause any Building located on another Tract to be in violation of any
Governmental Requirements.
(C) Each Party agrees to defend, protect, indemnify and hold harmless each other.Party
from and against all claims and demands, including any action or proceeding brought thereon, and
DHC:38183v7 17
•
all costs, losses,expenses and liabilities of any kind relating thereto, including reasonable attorneys
fees and cost of suit, arising out of or resulting from any construction activities performed or
authorized by such indemnifying Party; provided, however, that the foregoing shall not be
applicable to either events or circumstances caused by the negligence or willful act or omission of
such indemnified Party, its licensees, concessionaires, agents, servants, employees, or anyone
claiming by,through, or under any of them, or claims covered by the release set forth in Section
5.4(D).
(D) In connection with.any construction, reconstruction, repair or maintenance on its
Tract,each Party reserves the right, at its expense,to create a temporary staging and/or storage area
on its Tract at such location as will not unreasonably interfere with access between such Tract and
the other areas of the Shopping Center. Prior to the commencement of any work which requires the
establishment of a staging and/or storage area on its Tract, a Party shall give at least thirty (30)
days' prior notice to the Approving Parties, for their approval, of the proposed location of such
staging and/or storage area. If substantial work is to be performed, the constructing Party shall, at
the request of any Approving Party,'fence such staging and/or storage area. Notwithstanding the
foregoing,if a business is operating on the Target Tract then no other Party's stagirg and/or storage
area shall be located within one hundred (100) feet of the Target Tract, unless such area is located
within a Building Area. If the Approving Parties do not approve the proposed location of the
staging and/or storage area, the requesting Party shall modify the proposed location of the staging
and/or storage area to satisfy the reasonable requirements of the Approving Parties. All storage of
materials and the parking of construction vehicles, including vehicles of workers, shall occur only
on the constructing Party's Tract, and all laborers, suppliers, contractors and others connected with
such construction activities shall use only the access points located upon the constructing Party's
Tract. Upon completion of such work, the.constructing Party shall, at its expense, restore any
damaged Common Area to a condition equal to or better than that existing prior_to commencement
of such work.
(E) Each Party hereby grants and conveys to each other Party and to such Party's
contractors, materialmen and laborers a temporary license for access and passage over and across
'DHC:38183v7 18
•
p
the Common Area of the grantor's Tract as shall be reasonably necessary for the grantee to
construct and/or maintain improvements upon the grantee's Tract; provided, however, that such
license shall be in effect only during such periods of time when actual construction and/or
maintenance is being performed and provided further that the use of such license shall not
unreasonably interfere with the use and operation of the Common Area by the other Parties or their
Permittees. Prior to exercising Me;rights granted herein, the grantee shall first provide the grantor
with a written statement describing the need for such license, and shall furnish a certificate of
insurance showing that its contractor has obtained the minimum insurance coverage required by
Section 5.4(C). Any Party availing itself of such temporary license shall promptly pay all costs and
expenses associated with such work,:shall diligently complete such work as quickly as possible,and
shall promptly clean the area, and restore and/or repair the affected portion of the Common Area to
a condition which is equal to or better than the condition which existed prior to the commencement
of such work. Notwithstanding the foregoing, in the event a.dispute exists between the contractors,
laborers, suppliers and/or others connected with such construction activities, each Party shall have
the right to prohibit the contractors,laborers, suppliers and/or others working for another Party from
using the Common Area on its Tract.
3.2 Common Area. The Parties have agreed-that.the Common Area shall be constructed
as shown on the Site Plan; provided, however, no fence or other barrier which would prevent or
unreasonably obstruct the passage of pedestrian or vehicular travel shall be erected or permitted
within or across the Common Area, exclusive of the limited curbing and other forms of traffic
control depicted on the Site Plan,permitted staging and/or storage areas and Outside Sales Areas.
Contemporaneously with the construction of a Building upon its Tract, the constructing Party shall
cause the Common Area on its Tract to be substantially completed no later than the day the first
Occupant of such Tract opens for business with the public. Such work shall be done in accordance
with Governmental Requirements,in asgood and workmanlike manner and in accordance with good
engineering standards; provided, however,the following-minimum general design standards shall
be complied with throughout the term of this OEA:
DNC:38183v7 19
S
(A) The lighting system shall use a lamp source of metal halide,and shall be designed to
produce a minimum maintained lighting intensity,measured at grade at all points of at least:
(i) 5 footcandles at curb in front of the entrance to any Building;
(ii) 2 footcandles at entry drives to the Shopping Center;
(iii). 2 footcandles in the general parking'areas;and
(iv) 1 footcandle at the perimeter of the parking areas.
•
Each Party may elect to control the lighting system located on its Tract. The type and
design of the Common Area light standards shall be approved by the Approving Parties.
(B) The slope in the pdtking area shall not exceed a maximum of three"percent(3%)nor
be Tess than a minimum of one and one-half percent(1 1/2%), and the slope at all entrances to the
Shopping Center shall not exceed a maximum of three percent(3%).
•
(C) All sidewalks shall be concrete or other materials approved by the Approving
Parties; the automobile parking'areas, driveways, and access roads shall be designed in conformity
with the recommendations of a licensed soils engineer approved by the Approving Parties,which
design shall require the installation of a suitable base and surfacing with an asphaltic concreteior
concrete-wearing material.
(D) Utility Lines that are placed underground shall be at depths designated by
consultants approved by the Approving Parties. If surface water retention and/or detention areas are
located outside of the general parking areas, such retention and/or detention areas shall be fenced or
otherwise secured to impede public access thereto.
(E) The parking area on the Target Tract and on each separate Tract comprising the
Developer Tract shall contain sufficient groundaevel parking spaces in order to comply with the
following minirrtum requirements:
•
DHC:38183v7 20
(i) Five(5.0)parking spaces for each one thousand (1,000)square feet of Floor
Area, exclusive of Restaurant parking requirements set forth below;
provided, however, that compact car parking spaces, which may not exceed
twenty percent (20%) of total parking spaces, shall be located only in the
areas,if any,designated on the Site Plan;
(ii) If a business use contains a drive-up unit(such as a remote banking teller or
food ordering/dispensing!facility), then there shall also be created space for
stacking not less than five(5) automobiles for each drive-up unit;
(iii) For each single Restaurant which has less than five thousand (5,000) square
feet of Floor Area, then ten (10) parking spaces for each one thousand
(1,000)square feet of Floor Area devoted to such use;
(iv) For each single Restaurantwhich has at least five,thousand (5,000) square
feet of Floor Area,but less than seven thousand(7,000)square feet of Floor
Area, then fifteen(15)parking spaces for each one thousand (1,000)square
feet of Floor Area devoted such use;and
(v) For each single Restaurant which has seven thousand (7,000) square feet or
more of Floor Area, then twenty(20)parking spaces for each one thousand
(1,000)square feet of Floor Area devoted to such use.
If an Occupant operates a Restaurant incidental to its primary business purpose,then so long
as such incidental operation continues,.the portion of the Floor Area occupied by such Restaurant
shall be excluded from the application of(iii), (iv) and (v) above. For the purpose of this clause
only, a Restaurant shall be an "incidental operation" if it occupies less than seven percent (7%) of
the Occupant's Floor Area and does not have a separate customer entry/exit door to the outside of
the Building. In the event an Occupant utilizes Floor Area for Restaurant and.other purposes, only
DHC:38183v7 21
the portion of Floor Area allocated for Restaurant purposes shall be subject to the increased parking
requirements set forth above.
In the event of a condemnation of part of a Tract or a sale or transfer in lieu thereof that
reduces the number of usable parking spaces on such Tract below that which is required herein, the
Party whose Tract is so affected shall use its best efforts (including using proceeds from the
condemnation award or settlement)to restore and/or substitute ground-level parking spaces in order
to comply with the parking requirements set forth in this OEA. If such compliance is not
reasonably possible, such Party shall not be deemed in default hereunder, but such Party shall not
be permitted to expand the amount of Floor Area located on its Tract. If such Floor Area is
thereafter reduced other than by casualty, then the Floor Area on such Tract may not subsequently
be increased unless the parking requirements set forth above are satisfied.
(F) No Party shall make changes to the improved Common Area on its Tract without
the approval of the Approving Parties,except that each Party hereby reserves the right, from time to
time without obtaining the consent or approval of any other Party, to make at its own expense any
insignificant change, modification or alteration in the portion of the Common Area on its Tract,
including the installation of convenience facilities such as mailboxes, public telephones, benches,
bike racks,directional and/or parking information signs,provided that:
• (i) The accessibility of such Common Area for pedestrian and vehicular traffic
(as it relates to the remainder of the Shopping Center) is not unreasonably
restricted or hindered, and all parking stalls and rows and vehicular traffic
lanes shall remain generally as-shown on the Site Plan; •
(ii) There shall be maintained at all times within such Common Area a sufficient
number of vehicular parking spaces to meet the parking requirements set
forth in Section 3.2(E), as.welhas all Governmental Requirements, relating
to parking requirements,but without reliance on parking spaces that may be
available on another Tract; provided, however, that no more than two
DHC:38183v7 22
• percent (2%) of the parking spaces depicted on the Site Plan for such Tract
shall be eliminated;
(iii) No Governmental Requirements shall be violated as a result of such action;
any and all Governmental Requirements applicable to such modifications
shall be satisfied by the Party performing the,same; and such action shall not
result in any other Party being in violation of any Governmental
Requirements;
(iv) No change shall be made in the access points between the Common Area
and the adjacent public streets; provided, however, that additional access
points may be created with the approval of the Approving Parties; and
(v) At least thirty(30) days' prior to making any such change, modification or
alteration,the Party desiring to do such work shall deliver to each Approving
Party copies of the plans therefor, and provided further that such work shall
not occur during the months of October,November,December or January.
The provisions of this paragraph (F) do not apply to any changes, modifications or
alterations of Common Area located within Building Areas which result from or arise out of the
constriction,expansion or maintenance of Buildings or Outside Sales Areas.
3.3 Building Improvements.
(A) Building(s) shall only be located within the Building Areas designated on the Site
Plan. While it is acknowledged and agreed that no Party shall have an obligation to commence
construction of any Building on. its Tract, each Party agrees that once it has commenced
construction of a Building, such Building shall be completed_within a reasonable time. If the Site
Plan contains a caption which specifically establishes the maximum Floor Area to be located within
a Building Area,such designated Floor Area shall not,be exceeded.
DHC:33lS3v7 23
S
If the number of"square feet"of building space within the Shopping Center is restricted by
Governmental Requirements, the Parties hereby allocate the permitted square footage as follows:
(i) to the Target Tract, the number of square feet necessary to accommodate a Building containing
175,000 square feet of Floor Area;plus any Outdoor Sales Area; and(ii) to the Developer Tract,the
balance of such permitted square footage. The Parties understand that the calculation of Building
sizes shown on the Site Plan is based on the definition of"Floor Area" set forth in this OEA, and
further that,such term is unique to this OEA and is not intended to mirror the definition of"square
feet"set forth in codes/regulations:established by the,local Governmental Authorities.
(B) The Approving Parties have agreed upon an architecturally compatible theme for the
exterior of all Buildings to be constructed, placed or located within the Shopping Center, as
•
represented by the Building elevations.(the "Theme") attached hereto as Exhibit.C. Each Party
agrees that any Building located on,its'Tract shall comply with such Theme and further, that such
Building shall not have backlit lighting for any awning or canopy forming a part thereof. In order to
insure compliance with such•Theme, each Party shall, at least thirty (30) days' prior to the
commencement of any work on its Tract, submit to the Approving Parties for approval detailed
plans C'Plans'D as required by Exhibit D attached hereto covering the initial construction of each
Building and any additions, remodeling, reconstruction or other alteration thereto which changes
the exterior thereof; provided, however, the Approving Parties waive the requirement for the
submission of Plans for the initial Building to be constructed on the Target Tract if such Building
reflects a prototype "Target" retail store. If an Approving Party should reject the Plans for not
complying with the Theme, the submitting Party and the Approving Parties shall mutually consult
•
to establish approved Plans for the proposed work. The. Approving Parties shall not withhold
approval of the Plans or recommend changes in the Plans which otherwise conform with the
requirements hereof, nor shall they withhold. approval of exterior remodeling or exterior
reconstruction which does not'either substantially enlarge an existing Building, or substantially
• change an existing Building. In no event shall,an Approving,Party require any other Party to utilize
design standards superior to those utilized by the Approving Party in •the construction of any
Buildings on its Tract. Approval of Plans by the Approving Parties shall not constitute assumption
DHC:'38183v7 24
of responsibility for the accuracy,sufficiency or propriety thereof,nor shall such approval constitute
a representation or warranty that the Plans comply with Govemmental'Requirements. No material
deviation shall be made from the approved Plans.
(C) The Parties hereby specifically consent to the placement of Buildings along their
.respective coniinon boundary lines, and each.Party agrees to support any request by another Party
for a side-yard or setback variance if the same is required in order to accommodate such
construction. The second Party to construct a Building along a common boundary line shall:
(i) Cause such construction to be completed in such a manner that the
improvements on the adjoining Tract are not damaged, and so that the wall,
roof, foundation or other structure portion of one Building does not receive
support from,nor apply pressure to the other Building; and
(ii) Undertake and assume the obligation of completing and maintaining the
nominal attachment(flashing and seal)of its Building to that of the
existing,Building on the adjoining Tract,it being the intent,of the Parties
to establish and maintain the appearance of one(1)continuous Building
complex.
•
•Along the common.boundary line between:the Developer Tract and the Target Tract, the
separation of Building walls shall be no less than two (2) inches. Target agrees to use reasonable
efforts to locate its Building wall at least one (1) inch from the common boundary line, but in no
eventmore thin two (2) inches therefrom. Developer agrees to use reasonable efforts to locate
its'Building walLat least one (1) inch.from,the common boundary line, but in no event more than
two(2)inches therefrom.
(D) The Parties acknowledge that Target initially proposes to construct on the Target
Tract a Building which is classified as an"unlimited area"building under certain building codes(by
way of explanation,but not limitation,an"unlimited area"building is designated 11-N or V-N under
CHIC:381830 25
S
the Uniform Building Code.) The Parties agree that all Buildings constructed within the Primary
Building Area shall comply with the following requirements:
(i) No Building shall be constructed within sixty(60) feet of the Building Area
on an adjoining Tract unless such Building, hereinafter referred to as the
"Adjacent Building," shall be located immediately adjacent to the common
boundary line and is attached to the Building, if any,on the adjacent Tract in
accordance with Section 3.3;
(ii) If an Adjacent Building exists, then no Building shall be located within sixty
(60) feet of the Adjacent Building unless such Building is attached to the
Adjacent Building in accordance with Section 3.3; the Adjacent Building
and all other Buildings on the Tract that are attached to the Adjacent
Building and to each other are hereinafter referred to as the "Building
Group";
(iii) Any.Building that is not part of the Building Group shall be;located at least
sixty(60)feet distant from the Building Group;and
(iv) The.Adjacent Building or the Building Group, as the case may be, shall
• comply with the building code requirements applicable to an "unlimited
area" building, including without limitation the installation of an approved
sprinkler system for fire protection.
In addition to the requirements set forth above, the Parties agree that no Building shall
initially be placed or constructed on their respective Tracts in a manner which will,based on then
existing Governmental Requirements, either preclude,the construction on the Primary Building
Areas of an ` nlimited area"building, or cause an existing"unlimited area"building thereon to no
longer be in conformance with applicable building code requirements, it being understood and
DHC:38183v7: 26