|DECLARATION ESTABLISHING EASEMENT AND PROVIDING MAINTENANCE
THIS DECLARATION establishing a non-exclusive easement and providing a maintenance agreement (hereinafter “Agreement”) is made and entered into this ________ day of March, 2002, by Northpoint Business Park, Inc..
That Northpoint Business Park, Inc., herein referred to as “Declarant”, is the fee simple owner of the real estate located in Huntington County, Indiana, commonly known as tracts “D, E-F, G-H, and I-J-K”, West Northpoint Avenue, Northpoint Business Park, Huntington, IN, (hereinafter “Tracts”), legal descriptions attached and hereby incorporated into and made a part of this Agreement.
That the Tracts are subject to the following “Easement Area” as defined in the attached Exhibit “A”, that is hereby incorporated into and made a part of this Agreement.
NOW WHEREFORE, in consideration of the mutual terms, covenants and agreements contained herein, Declarant hereby agrees to create an easement and maintenance agreement for ingress/egress, signage and utility service described as follows:
That said Easement Area shall be available for free and unencumbered use for the installation of utilities and for ingress/egress and/or parking, for the fee simple owners of the Tracts, and their customers, associates, invitees, assigns and employees.
That the fee simple owners of the Tracts shall equally share in the cost and expense of maintaining the portion of the Easement area that they utilize for ingress/egress and utilities.
That said Easement Area shall be maintained in good condition at all times. That the common maintenance shall include all improvements necessary for common ingress/egress, utilities, associated drainage and safety issues. This includes, but is not limited to, driving surface repairs and maintenance, striping, snow removal and drainage. That lawn care, landscaping, and tree maintenance within the Easement Area shall be the responsibility of the fee simple owner of that portion of the Easement Area.
That should the actions of the fee simple owner of any portion of the Tracts create damage to the Easement Area that such owner shall be responsible for repair or replacement expenses to restore the Easement Area to at least as good of condition as existed prior to the damage.
These rights are non-exclusive for use to serve the Tracts. Declarant perpetually remains a beneficiary to the rights described herein, and reserves and retains the right to convey a similar easement and rights to such other persons as Declarant may deem proper.
That this easement shall make provisions for, and work in conjunction with an area provided within a certain easement attached as Exhibit “B” that is hereby incorporated into and made a part of this Agreement.
That the southern 50 feet of the easement area, adjacent the northern right-of-way for West Northpoint Avenue, shall be reserved for signage for the use of the owners of Tract I-J-K, or others as may be assigned by Declarant. Maintenance for the signs shall be paid by those utilizing them. There shall be no more than one sign structure on each side of the Easement Area. One sign structure will be shared if a second sign structure is not allowed by local code. All said structures must be approved in writing by Northpoint Business Park, Inc. prior to construction.
This agreement shall terminate if the easement area is dedicated to the city.
That only portions of the Tracts containing a building shall share in maintenance. Damage restoration expenses will be paid by the fee simple Tract owner irregardless of the presence of a building, pursuant to article #4 above.
That this Agreement and the covenants contained herein shall run with the fee simple title to the Tracts, collectively or separately. This Agreement is made expressly for the benefit of, and shall be binding on, the heirs, personal representatives, successors in interest and assigns of the respective parties.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
That should a dispute arise, the prevailing party shall be entitled to recover from the loosing party, all legal expenses, including reasonable attorney’s fees, to enforce this Agreement. A lien may be placed on the property for any unpaid common maintenance.
This instrument contains the entire Agreement between the parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Agreement must be in writing and must be signed by the agreeing parties.
Wayne Grigsby - President
Northpoint Business Park, Inc.
STATE OF INDIANA: )
COUNTY OF HUNTINGTON: )
The undersigned Notary Public in the State of Indiana, does hereby certify that Wayne Grigsby appeared as President of Northpoint Business Park, Inc. before me this _______ day of March, 2002 and as an act of free will, set forth his hand and acknowledged the execution of the above and foregoing for the uses and purposes herein set forth.
My Commission Expires:_______________________
My County of Residence is: ______________________
This instrument prepared by: Wayne Grigsby-President – Northpoint Business Park, Inc.
9934 Woodland Ridge West, Fort Wayne, IN 46804
“Ingress/Egress” Easement - Northpoint Woods Tracts D, E-F, G-H and I-J-K