EASEMENT AGREEMENT

                                                                             

 

This easement agreement (the "Agreement") is entered into on this ____ day of January, 2005, between RCNE, INC., a Michigan corporation, whose address is 3581 – 65th Street, Saugatuck, Michigan 49453 ("RCNE"), GOSHORN LAKE COTTAGE CONDOMINIUM ASSOCIATION, a Michigan non-profit corporation, whose address is 3581 – 65th Street, Saugatuck, Michigan 49453 ("Goshorn") and RICHARD L. GILLETTE and CATHLEEN GILLETTE, husband and wife, whose address is 3565 – 65th Street, Saugatuck, Michigan 49453 (the "Gillettes"), upon the terms and conditions stated below.

 

            1.         Background.   RCNE is the developer of a condominium project known as Goshorn Lake Cottage Condominiums as recorded at Liber 2148, Page 692 et. seq., Allegan County Records (the "Condominium"), a legal description of which is stated on Exhibit A.  Goshorn is the condominium association of which all owners in the Condominium project are members, and which administers, operates, manages and maintains the Condominium.  Gillettes are the owners of two parcels of real property adjacent to the Condominium in the Township of Saugatuck, Allegan County, Michigan as described and shown on the attached Exhibit B and labeled on Exhibit B as "Parcel C1" and "Parcel C2" (the "Benefitted Property"). RCNE previously conveyed two easements dated October 18, 2001 to the Gillettes as recorded at Liber 2134, Page 794, et. seq. and Liber 2134, Page 800, et. seq. (the "2001 Easements") to permit the owners of Parcel C1 and Parcel C2 to use of certain recreational facilities in the Condominium and to grant driveway access to those facilities.  For the purpose of restating and clarifying the 2001 Easements the parties have entered into this Agreement to replace and restate in full the 2001 Easement. 

 

2.         Grant of Easement.  In return for good and valuable consideration, the receipt of which is hereby acknowledged, RCNE and Goshorn do hereby grant and convey for the benefit of Benefitted Property a non-exclusive easement over and across the roads and driveways of the Condominium for access to and to allow the owners of the Benefitted Property access to and the use of the recreational facilities located on the Condominium, such as the swimming pool, pavilion, basketball court and other recreational facilities which now exist or which may be constructed,  and to the shores of Goshorn Lake for the use of that waterfront and the riparian uses of the lake (the "Easement").  The Easement burdens the Condominium property.

 

3.         Use and Annual Fee.  The Easement may be used by the Owners of the Benefitted Property and their invitees and guests. The Owner of each parcel of Benefitted Property may use the Easement during each calendar year subject to its prior payment of an annual fee to Goshorn for the use of the recreational facilities in that calendar year.  The annual fee shall be paid in advance within the first 120 days of each calendar year.  The annual fee for each parcel of Benefitted Property shall be $500 in 2004 and $500 in 2005.  Thereafter Goshorn may increase the fee on an annual basis by not more than 3% in each calendar year.  

 

            4.         Termination of 2001 Easements.  The 2001 Easements are hereby terminated.

 

5.         Interest in Real Property.  The Easement is for the use and benefit of the Benefited Property, shall be an appurtenance to the Benefited Property, is an interest in real property and shall run with the land.

 

            6.         Indemnification.  Gillettes agree to indemnify and save RCNE, Inc. and Goshorn harmless from all claims, loss, costs and expenses (including, without limitation, attorney’s fees) in connection with or arising out of the existence of the Easement or the use of the Easement by Gillettes or their invitees.

 

            7.         Entire Understanding.  This Agreement contains the entire understanding of the parties.  The parties acknowledge that there have been no representations or understandings other than those expressly set forth in this Agreement.

 

            8.         Modification.  Any waiver, alteration or modification of any of the provisions of this Agreement shall not be valid unless in writing and executed by the parties.

 

            9.         Parties Bound.  The terms and conditions of this Agreement shall bind and benefit the successors and assigns of the parties.

 

            10.       Construction.  This Agreement shall be governed by and construed according to the laws of the State of Michigan.  Venue for any disputes under this Agreement shall lie in Allegan County, Michigan.

 

11.       Transfer Tax.  This Easement is given in consideration of less than $100.00 and is exempt from transfer tax pursuant to MCLA 207.505(a) and MCLA 207.526(a).

 

            12.       Exhibits.  The following exhibits are attached to and a part of this Agreement:

 

                        Exhibit A – Legal description of the Condominium

                        Exhibit B – Legal descriptions and drawings of the 2 parcels of Benefitted Property

 

13.       Effective Date.  The parties have signed this Agreement as of the day and year first written above.

 

 

 

 

RCNE, INC., a Michigan corporation

 

                                                                                    By:                                                                  

                                                                                                Richard Gillette, President

                                                                                   

GOSHORN LAKE COTTAGE CONDOMINIUM ASSOCIATION, a Michigan non-profit corporation

 

By:                                                                  

            Richard Gillette, President

                                                                                   

 

                                                                                                                                                           

                                                                                    Richard L. Gillette

 

                                                                                                                                                           

                                                                                    Cathleen Gillette

STATE OF MICHIGAN         )

            )

COUNTY OF                                     )

 

The foregoing instrument was acknowledged before me this ____ day of                                   , 2005, by Richard L. Gillette, the President of RCNE, INC., a Michigan  corporation, on behalf of the corporation.

                                                                                   

                                                                                                                                                           

*

Notary Public,        County, Michigan

My commission expires:                                   

                                                                                    Acting in the County of                                    

STATE OF MICHIGAN         )

            )

COUNTY OF                                     )

 

The foregoing instrument was acknowledged before me this ____ day of                                   , 2005, by Richard L. Gillette, the President of Goshorn Lake Cottage Condominium Association, a Michigan non-profit corporation, on behalf of the corporation.

                                                                                   

                                                                                                                                                           

*

Notary Public,        County, Michigan

My commission expires:                                   

Acting in the County of                                    

STATE OF MICHIGAN         )

            )

COUNTY OF                                     )

 

The foregoing instrument was acknowledged before me this ____ day of ______________________, 2005, by Richard L. Gillette and Cathleen Gillette, husband and wife, as their free act and deed.

 

___________________________________

*

Notary Public.        County, Michigan

My commission expires:                                   

                                                                                    Acting in the County of                                    

 

Drafted by:

Nyal D. Deems

Varnum, Riddering, Schmidt & HowlettLLP

P.O. Box 352

Grand Rapids, MI  49501-0352


EXHIBIT A

 

The “Condominium”

 

 

That part of the NE 1/4 of Section 3, T3N, R16W, Saugatuck Township and the SE 1/4 of Section 34, T4N, R16W, Laketown Township, Allegan County, Michigan, described as:  Beginning at the North 1/4 corner of said Section 3; thence N88°46’43” W 10.24 feet along the South line of said Section 34 to the South 1/4 corner of said Section 34; thence N00°44’24”E 25.00 feet along the N-S 1/4 line of said Section 34 to Reference Point “A”; thence N00°44’24”E 15.00 feet to the waters edge of Goshorn Lake; thence Easterly and Northeasterly 281 feet along said waters edge to its intersection with a line bearing N00º44’24” E from Reference Point “B” (said Reference Point “B” being S84°04’49”E 80.00 feet and N61°05’36”E 184.46 feet from the aforementioned Reference Point “A”); thence S00º 44’24”W 51 feet to said Reference Pont “B”; thence S00º44’24”W 111.33 feet to the South line of said Section 34; thence S88º42’20”E 120.33 feet along the North line of said Section 3 and the South line of said Section 34; thence S00º00’00”W 988.04 feet; thence S90º00’00”W 350.00 feet to a point on the N-S 1/4 line of said Section 3 being N00º00’00” E 900.40 feet from the North 1/8 corner of said Section 3; thence N00º00’00”E 995.95 feet along the N-S 1/4 line of said Section 3 to the Point of Beginning.

 

 

 


EXHIBIT B

 

 
 


The “Benefited  Property”

 

Parcel C1

Part of the NE 1/4 of Section 3, T3N, R16W, Saugatuck Township, Allegan County, Michigan, described as: Commencing at the North 1/4 corner of said Section; thence South 995.97 feet along the N-S 1/4 line of said Section to a point which is 900.4 feet North of the North 1/8 post of said N-S 1/4 line of said Section and the Point of Beginning; thence East at right angles 200.00 feet; thence South 120.00 feet; thence West 200.00 feet; thence North 120.00 feet along the N-S 1/4 line of said Section to the Point of Beginning.  Contains 24,000 square feet.  Subject to Highway Right-of-Way for 65th Street over the West 33.0 feet thereof.

 

Parcel C2

Part of the NE 1/4 of Section 3, T3N, R16W, Saugatuck Township, Allegan County, Michigan, described as:  Commencing at the North 1/4 corner of said Section, thence South 1115.97 feet along the N-S 1/4 line of said Section to a point which is 780.4 feet North of the North 1/8 post of said N-S 1/4 line of said Section and the Point of Beginning; thence East at right angles 350.00 feet; thence South 180.00 feet; thence West 350.00 feet; thence North 180.00 feet along the N-S 1/4 line of said Section to the Point of Beginning.  Contains 63,000 square feet.  Subject to Highway Right-of-Way for 65th Street over the West 33.0 feet thereof.