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SURVEYOR'S CERTIFICATE
The undersigned hereby certifies to SECURITY LIFE OF DENVER
INSURANCE COMPANY ( "Lender "), SHERIDAN REALTY PARTNERS, LP
(Borrower "), and CHICAGO TITLE INSURANCE COMPANY, as follows:
1. The drawing on which this certificate is contained, which was
prepared by the undersigned from a survey made on March 19, 1997
(herein the "Drawing ") is a true survey pursuant to the accuracy
standards as adopted by ALTA and ACSM in 1992 of the real estate
described by metes and bounds description contained on said
Drawing (the "Property ") and each parcel identified thereon (the
'Parcels ").
2. The boundaries of the Property and each Parcel as depicted on
3 the Drawing were established by actual field measurements and the
o pins, monuments or other morkers were set or found as shown
thereon. The Drawing sets forth, pursuant to Accuracy Standards of
OALTA /ACSM in 1992, the area of the Property in acres and square
feet.
3. The Property as surveyed and described in the Drawing is
contiguous along its entire boundaries and is enclosed within the
perimeters thereof.
2
4. The Parcels ore contiguous with one another and there are no
gaps or gores between or among any of the Parcels.
5. The Northerly line of the Property is contiguous with the
Southerly right -of -way line for East 98th Street as set out in
Lakewood Gardens Addition, Second Section, the plot of which is
recorded in Plot Book 2, page 206, in the Office of the Recorder
of Hamilton County, Indiana. The property is also subject to on
additional dedication of right of way for East 98th Street as set
out in Instrument #87 -43509 in sold Recorder's Office and as shown
on the Drawing.
A portion of the Northerly line of the Property is also
contiguous with the South line of permanent right of way for State
Road #431 (Keystone Avenue) per plans for I.S.H.0 Project No. S-
165 (13) as shown on the Drawing.
6. Each of the streets identified in paragraph 5, next above, is
a duly dedicated public street, rood or highway.
7 Vehicular ingress and egress to and from the Property is
afforded via the curb cuts shown on the Drawing
8. Except as shown on the Drawing, there ore no; (a) visible
apparent encroachments upon the Property by improvements on
adjacent property, (b) visible apparent encroachments on adjacent
property, public or private rights -of -way, or easements by any
improvements on the Property, (c) apparent party walls affecting
the Property, or (d) building protrusions on or from the Property.
9. All buildings, railroad tracks, drives and parking areas
located on the Property and existing on the date of this
certification together with the size, location and type of
visible im ,rovements have been accurately depicted on the Drawing,
I ncluding the dimensions or scale representations and the
relationship thereof to the boundary lines of the Property.
10. There ore no visible ditches, streams, rivers, grovel pits or
other forms of excavation (active or inactive) or drilling (active
or inactive) for minerals, oil or gas apparent on the Property or
visual evidence of any prior use of the Property for any of the
foregoing.
11. After a careful inspection of the surveyed premises, there
is no visual evidence that any portion of the Property is being or
was previously used for the dumping or disposal of waste
materials. Thee is no visual evidence that there exists any toxic
or hozcrdous material on the property.
12. A copy of Chicago Title Insurance Company's Commitment for
Title Insurance Commitment No. 252- 909CO, doted January 30, 1997
(the "Commitment ") has been received and reviewed, and oil
easements ( including without limitation appurtenant easements) and
rights -of -way existing on the effective dote of said Commitment
affecting the Property are accurately depicted on the Drawing,
unless noted otherwise, with corresponding recording references to
the instruments creating the easement or right -of -woy as disclosed
I n the aforesaid Commitment.
13. Except as noted below, a physical examination of the Property
reveals no apparent use of the Property for pathways, driveways or
roadways for which there are no recorded easements.
No recorded easements were found over a portion of the private
street known :)s Professional Drive located between the Easterly
end of the Easement for Ingress and Egress recorded in Instrument
#92 -36931 and the Westerly end of the Access Easement recorded in
Instrument #95 -47364 in the ONi_e of the Recorcer of Hamilton
Count,, Indion:1.
14. �s per a letter dated October 4. 1996 from Terry Jones,
Building Commissioner for the City of Carmel, Indiana, the
premises known as Keystone Office Park, 3021, 3077 and 3099 East
98th Street, Carmel, Indiana, Mr. Jones states that to the best of
his knowledge and information available the following,
a.) The oremises and use as on office complex comply with the
applicable zoning codes, city ordinances and building
cods.
b.) There ore no variances, conditional use permits or
special non- conforming use permits required in connection
with the operation of the improvements on the premises or
it's uses.
c.) The premises comply with the subdivision zoning
ordinances affecting it and can be conveyed without the
fihnq of a plot or replat of the premises
c.) -re premises comply with all setback and par4 ng laws and
-eguiotions.
c.) AEI appropriate and required city, Permit_. ',cerses and
approvals have been provided for the intended use of the
premises.
15 Except as shown on the survey, there are nc overread electric
or telephone wires or structures or supports therefor, including
poles, anchor and guy wires on or over the Property.
Note: An aerial strain cable currently exists over a portion of
the Property between power poles, said poles lying South and East
of the Property as shown on the Drawing. Sold aerial strain cable
appears to be under construction and said aerial strain cable lies
within an electric line easement per Instrument #97 -697 where it
crosses the Property.
16.) Based upon a careful physical inspection of the Property,
storm sewer, sanitary sewer, electric service, telephone service,
gas service ord public water service are available on the
Property.
17) The P -opert y does not lie within a Special Flood Hazard Zone
as plotted by scale on the Federal Emergency Management Agency,
Nationol Flood Insurance Program, FIRM Flood Insurance Rote Map
Community -Pone) Number 180081 0013 C, doted May 19, 1981.
18.) This map or plot and the survey on which it is based were
mode (1) in accordance with "Minimum Standard Detail Requirements
for ALTA /ACSM Land Title Surveys ", jointly established and adopted
by ALTA and .ACSM in 1992, and includes Items 2. 3. 4. 6. 7(o),
7(b)(1), 7c. 8, 9. 10, 11a, 11b, 11d and 13 of Table A thereof,
and (ii) pursuant to the Accuracy Standards (as adopted by ALTA
and ACSM and in effect on the date of this certification) of an
Urban Survey.
19.) The Property is located within the City of Carmel. Hamilton
County,
Dated Mirch 19. 1997 4!+ L
Michael L. DeBoy, R Indiono
5029
ITAM OF
GENERAL NOTES:
1.) This survey was prepared utilizing information contained in
Chicago Title Insurance Company Commitment No. 252- 909CO3
dated January 30, 1997.
Applicable instruments cited in Schedule B of said Commitment
for Title Insurance have been shown on the accompanying plat
of survey where the legal descriptions adjoin, cross or are
contained within the surveyed premises except as noted below.
Item 9 of the aforesaid title commitment does not contain
any easements that con be plotted on the Drawing.
2) The described real estote does not lie within a Special Flood.
Hazard Zone as plotted by scale on the Federal Emergency
Management Agency, National Flood Insurance Program, FIRM
Flood Insurance Rote Mop Community -Panel Number 180081 0013
C, dated May 19, 1981
3.) The underground utilities depicted on the attached plot of
survey have been located per utility location markings on the
ground and record drawings. The approximate path of
subterranean sewers are shown per development plans and
visual field evidence. The path of the utility lines shown on
said plat of survey should be considered approximate until
they are either relocated, by calling the Indiana Underground
Plant Protection Agency at 1- 800 - 382 -5544 or until they are
excavated to verify the location and path of the utility
lines.
Note: No "as built" records were found or provided to this
surveyor regarding the location of subterranean water service
lines as they were privately installed and were subsequently
unable to be plotted on the Drawing.
No warranty, either express or implied, is made as to the
accuracy and /or completeness of information presented on
underground utilities, or as to it's fitness for any
particular purpose or use. In no event will Weihe Engineers,
Inc., it's employees, agents, and /or assigns be liable for
any damages arising out of the furnishing and /or use of such
information.
4.) Per information supplied by the Surveyor's Office, Hamilton
County, Indiana no legal (regulated) drains directly affect
the surveyed real estate.
5.) Possession lines referenced at monumented corners only.
Possession lines may vary between said corners.
6.) Per the U.S. Deportment of the Interior - Fish and Wildlife
Service - National wetlands Inventory Map doted 1990 and
titled Fishers, Indiana, the subject real estate IS PARTIALLY
located within a wetlands area as plotted by scale from said
map. It is this surveyor's opinion that the indicated area
represents the approximate lake area shown on the
accompanying plot of survey and is classified as PUBGx
(Polustrine Unconsolidoted Bottom Intermittently Exposed
Excavated).
The precise location of the Wetland Area cannot be
determined from the map due to the small scale of said
mop. To locate the precise location of the Wetland Area
would require a detailed on the ground and historical
analysis of the area in question and that information
would then be furnished to the Fish and Wildlife Service
for a determination of the Wetland Area.
7.) As used in this Survey. certify means to state or declare a
professional opinion of conditions regarding those facts or
finding which ore the _,ubject of the certification and does
not constitute a warranty or guorantee, either expressed or
implied.
8.) The maintenance building, as shown on the accompanying plat
of survey, is on obstruction to the Corrective Utility
Easement per Easement Record 1, page 849 (Instrument No. 84-
6991).
9.) The effluent flow of the sanitary sewer appears to lie wholly
within the bounds of Parcel I and tie East adjoining tract
and exits the site at the Northeast corner of said East
adjoining tract and extends into tht right of way of East
98th Street, a dedicated street as shown on the plat of
survey. The survey shows the oppro(imate paths of
subterranean sewers based upon the development plan and
visual physical evidence found in thr field. An accurate path
of said subterranean sewers locotec between manholes, inlets
and cleanouts can only be verified )y excavation.
The effluent ends of storm sewer citlet pipes lying East of
the surveyed East line are within cright of way nd drainage
easement as per Miscellaneous Rec,rd 128, pages 301 - 302 in
the Office of the Recorder of Homi!on County, Indiana.
10.) The dedication of right of way to tt? City of Carmel, Indiana
recorded as Instrument #87- 43509does NOT appear to be a fee
simple conveyance of real estate bit rather an easement for
right of way.
ZONING ENDORSEMENT
1.) The zoning classification for the surveyed real estate is
currently classified 83 (Transitior Eusiness District) per
the City of Carmel, Indiana Official ?oning Mop amended to
include Ordinance No. Z -241, rex,is--J February 6, 1989.
The minimum criteria for the subject real estate, based upon
the Business District Zoning Orddnarce of the City of Carmel,
Indiana dated January, 1980 for the following discussed items
are as follows:
1.) Area - 10,000 square feet minnum lot size
2.) Width or Depth - 100 feet
3.) Floor space of structure - Mininum ground floor area -
900 square feet (Maximum lot coverage of building shall
not exceed 80 % of lot.)
4.) Setback of Structure from property lines:
i.) Minimum Front Yard - 60 feet
ii.) Minimum Rear Yard - 15 Feet
30 feet for any business use which
incluces or adjoins a residential
district or ase.
iii.) Minimum Side Yard - 30 feet for ory business use
located in a block or parcel which
includes or adjoins a residential
district or use or which is
located on a corner lot.
Any business use which does not
meet the above qualifications -
5.) Maximum Building Heiaht - 35 feet
6.) Number of Parking Spoces Required - Based on a
classification of "Office building" as referenced in
Section 27.0 in said zoning ordinance, the subject
property is required to have "One space per 300 sq. ft.
of floor area ".
Note: the above stated building classification is this surveyor's
best interpretation of the use of said building(s) as listed in
Section 27.0 in said City of Carmel zoning ordinances.
Note: The above described minimum criteria is per said ordinance
only and does not represent any variances which may have been
approved by the City of Carmel. Indiana. It is also noted that the
structures may have been built prior to the date of this ordinance
and said minimum requirements may not have been in effect at the
date of original construction.
Note: Front yard set back line was assumed to be measured from the
(South) right of way line of 98th Street. The point of measurement
reference for said front yard setback was not found in sold
ordinance.
Note: Set back lines are shown on the plot of survey, however, due
to the difficulty and ambiguity in the interpretation of what
constitutes a front yard line, side yard line, corner side yard
and rear yard the plotted location as shown on the accompanying
plat of survey are subject to interpretation.
EXISTING CONDITIONS
1.) Area - 10.17 Acres +/- (442,932 sq. ft.) (Parcel 1)
2.) Width or Depth - 773.67 feet of frontage on a public
street (98th Street)
3.) Floor Space of Structure(s) -
11,613 square feet (Building 1)
28,583 square feet (Building 11)
12,024 square feet (Building III)
1,684 square feet (Maintenance Building)
Note: Building areas indicated are based upon ground
level foundation dimensions.
4.) Setback of structure(s) from property line - As indicated
on survey.
5.) Height of Building(s) -
31 feet (Building I, Building II & Building III)
14 feet (Maintenance Building)
6.) Total Number of Marked Parking Spaces on surveyed tract =
336 (includes 7 handicap spaces)
SURVEYOR'S REPORT
Client: Barry Wallock c/o
Wallock & Wallock, P.C.
One Indiana Square
Suite 2230
Indianapolis, Indiana 46204
Job Number: 970150
Type of Survey. ALTA /ACSM Land Title Survey
Class of Survey: Urban (ALTA /ACSM Land Title Survey)
Class C Survey (865 IAC 1 -12)
Field Work Completed (mm /dd /yr). March 17,
Location of Survey. Pt. SE 14 Sec. 7- T17N -R4E, Clay Twp., Hamilton
County, Indiana
Note: The Theoretical Uncertainty of the corners of the subject
tract, established this survey, is within the
specifications for a Class C Survey ( +/- 0.5 foot) as
defined in 865 IAC 1 -12, effective August 16, 1991.
(Theoretical Uncertainty of a measurement is the radius of
a circle which circumscribes as area containing the
probable true location of a specified point as determined
by the precision of the instruments and procedures employed
in the performance of a survey).
In accordance with Title 865, Article 1, Chapter 1 of the Indiana
Administrative Code (IAC), the following observations and opinions
are submitted regarding the uncertainty in the position of the
lines and corners established and/or reestablished on this survey
as a result of:
1) Availability and condition of reference monuments;
2) Clarity ondjor ambiguity of the record descriptions used
and /or the adjoiners descriptions; and
3) Occupation or possession lines.
Attention is called to the fact that in many locations, the
original section corners have not been perpetuated or have been
lost. In these instances, the only evidence available to indicate
the true positions of original corners is existing topographical
features and current monuments. Lacking the aforementioned
evidence, a surveyor may resort to proportional measurement to
reestablish section corners. Sections corners that are not
original are usually classified as Title Corners. Since
undiscovered information may affect the true position of a title
corner, the uncertainty in a title corner is unknown.
The perimeter of the surveyed tract (Parcel 1) is an original 'cut
out" of real estate described in Instrument No. 96 -44351 in the
Office of the Recorder of Hamilton County, Indiana and was
established based upon previous random traverse of the Southeast
Quarter of Section 7, Township 17 North, Range 4 East, Clay
Township, Hamilton County, Hamilton County, Indiana. Said traverse
connected, by mathematically relationship, the perimeter of said
Southeast Quarter as established by monuments found within the
records of the Hamilton County Surveyor and Weihe Engineers, Inc
Deed distances and angular relationships were used in relationship
with said reference monuments to establish the perimeter of the
surveyed tract. Subsequent field investigations and traverses have
verified said monuments and mathematical relationships and that
they have been used for this survey.
As a result of the above observations, it is my opinion thot
the uncertainties in the locations of the lines and corners
established on this survey are as follows.
It is this surveyor's professional opinion that the
uncertainty in the lines of the :surveyed tract due to variances in
sold reference monuments is +/- 1.0 foot.
The record descriptions for the adjoining real estate were
obtained from the Hamilton County Recorder's Office and
mathematically retraced in an effort to disclose possible gaps
and /or overlaps between the lines of the surveyed tract and those
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of the adjoiners. It is this surveyor's professional opinion that
there are no uncertainties in the lines of the surveyed real w
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estate (Parcel 1) and those of the adjoiners due to discrepancies
in the record descriptions. w
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It is this surveyor's professional opinion that the uncertainty in
the lines rf the surveyed tract due to inconsistencies in the xo
lines of occupation found along the 9 perimeter of the surveyed w
tract is as follows: Z a a
1.)
The Easterly edge of an asphalt private drive known as
Parcel 1
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Port of the Southeast Quarter of Section 7, Township 17 North,
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Range 4 East in Hamilton County, Indiana, more particularly
feet (varies) East and +/- 6.0 feet West (varies) of the
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described as follows:
surveyed East line.
Beginning at the Southeast corner of "Lakewood Gardens Addition,
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Second Section, Amended ", the plat of which is recorded in Plot
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Book 2, page 206, in the Office of the Recorder of Hamilton
The Westerly edge of an asphalt private drive known as
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County, Indiana, (the said Beginning Point lies on the East line
Professional Drive is located +/- 10.8 feet to 0.0 foot
of the said Quarter Section) South 00 degrees 22 minutes 00
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seconds West (assumed bearing) 1255.00 feet from the Northeast
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corner of the said Quarter Section); Thence South 89 degrees 58
line.
minutes 00 seconds West, along the South line of the East 98th
Street in the said plat, 489.19 feet; thence North 80 degrees 05
3.)
minutes 39 seconds West, along the South line of the said East
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98th Street, 404.97 feet to the East point of permanent right of
with and +/- 22.0 feet Southerly of the surveyed North
way for State Road #431 per plans for I.S.H.C. Project. No. S -165
line.
(13); thence South 81 degrees 27 minutes 53 seconds West along the
4.)
South line of the said permanent right of way 70.34 feet to the
Easterly line of real estate described in Instrument # 94-781 in
located + \- 11 feet to +/- 13 feet North of the surveyed
said Recorder's Office (the following six (6) courses are along
South line.
the Easterly line of said real estate); thence (1) South 00
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degrees 00 minutes 00 seconds 127.50 feet; thence (2) North 90
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degrees 00 minutes 00 seconds East 18.00 feet to a point on a non -
a result of the above observations, it is my opinion that
tangent curve, the radius point of which bears North 90 degrees 00
the uncertainties
in the locations of the lines and corners
minutes 00 seconds West 223.00 feet from said point; thence (3)
�e
established
Southwesterly curving to the right on said curve on arc distance
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of 94.38 feet to the point of curvature of a reverse curve to the
left having a radius of 290.00 feet, the radius point of which
Due
to Variances in reference monuments: See above
bears South 65 degrees 45 minutes 00 seconds East from the lost
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described radius point; thence (4) Southwesterly curving to the
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00p,to
left on said curve on arc distance of 115.15 feet to the beginning
to Discrepancies in the record descriptions: See above
of a compound curve having a radius of 187.00 feet, the radius
point of which bears North 88 degrees 30 minutes 00 seconds West
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Due
from the lost described radius point; thence (5) Southeasterly
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curving to the left on said curve on arc distance of 258.30 feet;
thence (6) South 00 degrees 22 minutes 30 seconds West 114.07 feet
to the North line of the real estate described in Deed Record 248,
page 301 in said Recorder's Office, thence South 89 degrees 37
minutes 30 seconds East along said North line 835.00 feet to a
stone on the East line of said Quarter Section; thence North 00
degrees 22 minutes 00 seconds East along the said East line 578.77
feet to the point of beginning.
Excepting therefrom:
Port of the Southeast Quarter of Section 7, Township 17 North,
Range 4 East in Hamilton County, Indiana, more particularly
described as follows:
BEGINNING at the Southeast corner of "Lakewood Gardens Addition,
Second Section, Amended ", the plat of which is recorded in Plot
Book 2, page 206, in the Office of the Recorder of Hamilton
County, Indiana, (the said Beginning Point lies on the East line
of the said Quarter Section) South 00 degrees 22 minutes 00
seconds West (assumed bearing) 1255.00 feet from the Northeast
corner of the said Quarter Section); thence South 00 degrees 22
minutes 00 seconds West on the East line of said Southeast Quarter
578.77 feet to a stone on the Northerly line of real estate
described on page 301 of Deed Record 248 in said Recorder's
Office; thence North 89 degrees 37 minutes 30 seconds West on said
Northerly line 173.00 feet to the Easterly line of on Access
Easement described in Instrument #95 -47364 in said Recorder's
Office (the following eight (8) courses being along said Easterly
line); thence (1) North 00 degrees 22 minutes 30 seconds East
2 1. 00 feet; thence (2) North 10 degrees 11 minutes 58 seconds West
96.62 feet; thence (3) North 15 degrees 52 minutes 48 seconds Vest
45.11 feet to the point of curvature of compound curves having
radii of 137.00 feet and 194.00 feet respectively, the radius
points of said curve lie on a line that bears North 44 degrees 00
minutes 00 seconds West from said point of curvature; thence (4)
Northeasterly, curving to the left on said easement right of way
line and on said curve having a radius of 137.00 feet, on arc
distance of 176.94 feet to the point of tongency of said curve at
a point that is 137.00 feet North 62 degrees 00 minutes 00 seconds
East from the radius point of said curve; thence (5) North 28
degrees 00 minutes 00 seconds West 64.00 feet to the point of
curvature of a curve, concave Easterly, the radius point of which
bears North 62 degrees 00 minutes 00 seconds East 158.00 feet;
thence (6) Northerly along said curve to the right on arc distance
of 77.12 feet to a point that bears South 89 degrees 58 minutes 00
seconds West 158.00 feet from the radius point of said curve;
thence (7) North 89 degrees 58 minutes 00 seconds East on the
previous radial line of said curve 18.00 feet; thence (8) North 00
degrees 02 minutes 00 seconds West 124.55 feet to a point on the
South line of sold plot of "Lakewood Gardens Addition. Second
Section, Amended" in said Recorder's Office, said point also being
located South 89 degrees 58 minutes 00 seconds West of the point
of beginning; thence North 89 degrees 58 minutes 00 seconds East
on the South line of said "Lakewood Gardens ", being also the
Southerly right-of-way line of 98th Street in sold plat, 210.83
feet to the point of beginning, containing 2.55 acres, more or
less.
Containing after said exception a net acreage of 10.17 acres
(442,932 square feet), more or less.
Subject to the right of way for 98th Street.
Subject to oil legal easements and rights of way.
SURVEYOR'S CERTIFICATE
The undersigned hereby certifies to SECURITY LIFE OF DENVER
INSURANCE COMPANY ( "Lender "), SHERIDAN REALTY PARTNERS, LP
(Borrower "), and CHICAGO TITLE INSURANCE COMPANY, as follows:
1. The drawing on which this certificate is contained, which was
prepared by the undersigned from a survey made on March 19, 1997
(herein the "Drawing ") is a true survey pursuant to the accuracy
standards as adopted by ALTA and ACSM in 1992 of the real estate
described by metes and bounds description contained on said
Drawing (the "Property ") and each parcel identified thereon (the
'Parcels ").
2. The boundaries of the Property and each Parcel as depicted on
3 the Drawing were established by actual field measurements and the
o pins, monuments or other morkers were set or found as shown
thereon. The Drawing sets forth, pursuant to Accuracy Standards of
OALTA /ACSM in 1992, the area of the Property in acres and square
feet.
3. The Property as surveyed and described in the Drawing is
contiguous along its entire boundaries and is enclosed within the
perimeters thereof.
2
4. The Parcels ore contiguous with one another and there are no
gaps or gores between or among any of the Parcels.
5. The Northerly line of the Property is contiguous with the
Southerly right -of -way line for East 98th Street as set out in
Lakewood Gardens Addition, Second Section, the plot of which is
recorded in Plot Book 2, page 206, in the Office of the Recorder
of Hamilton County, Indiana. The property is also subject to on
additional dedication of right of way for East 98th Street as set
out in Instrument #87 -43509 in sold Recorder's Office and as shown
on the Drawing.
A portion of the Northerly line of the Property is also
contiguous with the South line of permanent right of way for State
Road #431 (Keystone Avenue) per plans for I.S.H.0 Project No. S-
165 (13) as shown on the Drawing.
6. Each of the streets identified in paragraph 5, next above, is
a duly dedicated public street, rood or highway.
7 Vehicular ingress and egress to and from the Property is
afforded via the curb cuts shown on the Drawing
8. Except as shown on the Drawing, there ore no; (a) visible
apparent encroachments upon the Property by improvements on
adjacent property, (b) visible apparent encroachments on adjacent
property, public or private rights -of -way, or easements by any
improvements on the Property, (c) apparent party walls affecting
the Property, or (d) building protrusions on or from the Property.
9. All buildings, railroad tracks, drives and parking areas
located on the Property and existing on the date of this
certification together with the size, location and type of
visible im ,rovements have been accurately depicted on the Drawing,
I ncluding the dimensions or scale representations and the
relationship thereof to the boundary lines of the Property.
10. There ore no visible ditches, streams, rivers, grovel pits or
other forms of excavation (active or inactive) or drilling (active
or inactive) for minerals, oil or gas apparent on the Property or
visual evidence of any prior use of the Property for any of the
foregoing.
11. After a careful inspection of the surveyed premises, there
is no visual evidence that any portion of the Property is being or
was previously used for the dumping or disposal of waste
materials. Thee is no visual evidence that there exists any toxic
or hozcrdous material on the property.
12. A copy of Chicago Title Insurance Company's Commitment for
Title Insurance Commitment No. 252- 909CO, doted January 30, 1997
(the "Commitment ") has been received and reviewed, and oil
easements ( including without limitation appurtenant easements) and
rights -of -way existing on the effective dote of said Commitment
affecting the Property are accurately depicted on the Drawing,
unless noted otherwise, with corresponding recording references to
the instruments creating the easement or right -of -woy as disclosed
I n the aforesaid Commitment.
13. Except as noted below, a physical examination of the Property
reveals no apparent use of the Property for pathways, driveways or
roadways for which there are no recorded easements.
No recorded easements were found over a portion of the private
street known :)s Professional Drive located between the Easterly
end of the Easement for Ingress and Egress recorded in Instrument
#92 -36931 and the Westerly end of the Access Easement recorded in
Instrument #95 -47364 in the ONi_e of the Recorcer of Hamilton
Count,, Indion:1.
14. �s per a letter dated October 4. 1996 from Terry Jones,
Building Commissioner for the City of Carmel, Indiana, the
premises known as Keystone Office Park, 3021, 3077 and 3099 East
98th Street, Carmel, Indiana, Mr. Jones states that to the best of
his knowledge and information available the following,
a.) The oremises and use as on office complex comply with the
applicable zoning codes, city ordinances and building
cods.
b.) There ore no variances, conditional use permits or
special non- conforming use permits required in connection
with the operation of the improvements on the premises or
it's uses.
c.) The premises comply with the subdivision zoning
ordinances affecting it and can be conveyed without the
fihnq of a plot or replat of the premises
c.) -re premises comply with all setback and par4 ng laws and
-eguiotions.
c.) AEI appropriate and required city, Permit_. ',cerses and
approvals have been provided for the intended use of the
premises.
15 Except as shown on the survey, there are nc overread electric
or telephone wires or structures or supports therefor, including
poles, anchor and guy wires on or over the Property.
Note: An aerial strain cable currently exists over a portion of
the Property between power poles, said poles lying South and East
of the Property as shown on the Drawing. Sold aerial strain cable
appears to be under construction and said aerial strain cable lies
within an electric line easement per Instrument #97 -697 where it
crosses the Property.
16.) Based upon a careful physical inspection of the Property,
storm sewer, sanitary sewer, electric service, telephone service,
gas service ord public water service are available on the
Property.
17) The P -opert y does not lie within a Special Flood Hazard Zone
as plotted by scale on the Federal Emergency Management Agency,
Nationol Flood Insurance Program, FIRM Flood Insurance Rote Map
Community -Pone) Number 180081 0013 C, doted May 19, 1981.
18.) This map or plot and the survey on which it is based were
mode (1) in accordance with "Minimum Standard Detail Requirements
for ALTA /ACSM Land Title Surveys ", jointly established and adopted
by ALTA and .ACSM in 1992, and includes Items 2. 3. 4. 6. 7(o),
7(b)(1), 7c. 8, 9. 10, 11a, 11b, 11d and 13 of Table A thereof,
and (ii) pursuant to the Accuracy Standards (as adopted by ALTA
and ACSM and in effect on the date of this certification) of an
Urban Survey.
19.) The Property is located within the City of Carmel. Hamilton
County,
Dated Mirch 19. 1997 4!+ L
Michael L. DeBoy, R Indiono
5029
ITAM OF
GENERAL NOTES:
1.) This survey was prepared utilizing information contained in
Chicago Title Insurance Company Commitment No. 252- 909CO3
dated January 30, 1997.
Applicable instruments cited in Schedule B of said Commitment
for Title Insurance have been shown on the accompanying plat
of survey where the legal descriptions adjoin, cross or are
contained within the surveyed premises except as noted below.
Item 9 of the aforesaid title commitment does not contain
any easements that con be plotted on the Drawing.
2) The described real estote does not lie within a Special Flood.
Hazard Zone as plotted by scale on the Federal Emergency
Management Agency, National Flood Insurance Program, FIRM
Flood Insurance Rote Mop Community -Panel Number 180081 0013
C, dated May 19, 1981
3.) The underground utilities depicted on the attached plot of
survey have been located per utility location markings on the
ground and record drawings. The approximate path of
subterranean sewers are shown per development plans and
visual field evidence. The path of the utility lines shown on
said plat of survey should be considered approximate until
they are either relocated, by calling the Indiana Underground
Plant Protection Agency at 1- 800 - 382 -5544 or until they are
excavated to verify the location and path of the utility
lines.
Note: No "as built" records were found or provided to this
surveyor regarding the location of subterranean water service
lines as they were privately installed and were subsequently
unable to be plotted on the Drawing.
No warranty, either express or implied, is made as to the
accuracy and /or completeness of information presented on
underground utilities, or as to it's fitness for any
particular purpose or use. In no event will Weihe Engineers,
Inc., it's employees, agents, and /or assigns be liable for
any damages arising out of the furnishing and /or use of such
information.
4.) Per information supplied by the Surveyor's Office, Hamilton
County, Indiana no legal (regulated) drains directly affect
the surveyed real estate.
5.) Possession lines referenced at monumented corners only.
Possession lines may vary between said corners.
6.) Per the U.S. Deportment of the Interior - Fish and Wildlife
Service - National wetlands Inventory Map doted 1990 and
titled Fishers, Indiana, the subject real estate IS PARTIALLY
located within a wetlands area as plotted by scale from said
map. It is this surveyor's opinion that the indicated area
represents the approximate lake area shown on the
accompanying plot of survey and is classified as PUBGx
(Polustrine Unconsolidoted Bottom Intermittently Exposed
Excavated).
The precise location of the Wetland Area cannot be
determined from the map due to the small scale of said
mop. To locate the precise location of the Wetland Area
would require a detailed on the ground and historical
analysis of the area in question and that information
would then be furnished to the Fish and Wildlife Service
for a determination of the Wetland Area.
7.) As used in this Survey. certify means to state or declare a
professional opinion of conditions regarding those facts or
finding which ore the _,ubject of the certification and does
not constitute a warranty or guorantee, either expressed or
implied.
8.) The maintenance building, as shown on the accompanying plat
of survey, is on obstruction to the Corrective Utility
Easement per Easement Record 1, page 849 (Instrument No. 84-
6991).
9.) The effluent flow of the sanitary sewer appears to lie wholly
within the bounds of Parcel I and tie East adjoining tract
and exits the site at the Northeast corner of said East
adjoining tract and extends into tht right of way of East
98th Street, a dedicated street as shown on the plat of
survey. The survey shows the oppro(imate paths of
subterranean sewers based upon the development plan and
visual physical evidence found in thr field. An accurate path
of said subterranean sewers locotec between manholes, inlets
and cleanouts can only be verified )y excavation.
The effluent ends of storm sewer citlet pipes lying East of
the surveyed East line are within cright of way nd drainage
easement as per Miscellaneous Rec,rd 128, pages 301 - 302 in
the Office of the Recorder of Homi!on County, Indiana.
10.) The dedication of right of way to tt? City of Carmel, Indiana
recorded as Instrument #87- 43509does NOT appear to be a fee
simple conveyance of real estate bit rather an easement for
right of way.
ZONING ENDORSEMENT
1.) The zoning classification for the surveyed real estate is
currently classified 83 (Transitior Eusiness District) per
the City of Carmel, Indiana Official ?oning Mop amended to
include Ordinance No. Z -241, rex,is--J February 6, 1989.
The minimum criteria for the subject real estate, based upon
the Business District Zoning Orddnarce of the City of Carmel,
Indiana dated January, 1980 for the following discussed items
are as follows:
1.) Area - 10,000 square feet minnum lot size
2.) Width or Depth - 100 feet
3.) Floor space of structure - Mininum ground floor area -
900 square feet (Maximum lot coverage of building shall
not exceed 80 % of lot.)
4.) Setback of Structure from property lines:
i.) Minimum Front Yard - 60 feet
ii.) Minimum Rear Yard - 15 Feet
30 feet for any business use which
incluces or adjoins a residential
district or ase.
iii.) Minimum Side Yard - 30 feet for ory business use
located in a block or parcel which
includes or adjoins a residential
district or use or which is
located on a corner lot.
Any business use which does not
meet the above qualifications -
5.) Maximum Building Heiaht - 35 feet
6.) Number of Parking Spoces Required - Based on a
classification of "Office building" as referenced in
Section 27.0 in said zoning ordinance, the subject
property is required to have "One space per 300 sq. ft.
of floor area ".
Note: the above stated building classification is this surveyor's
best interpretation of the use of said building(s) as listed in
Section 27.0 in said City of Carmel zoning ordinances.
Note: The above described minimum criteria is per said ordinance
only and does not represent any variances which may have been
approved by the City of Carmel. Indiana. It is also noted that the
structures may have been built prior to the date of this ordinance
and said minimum requirements may not have been in effect at the
date of original construction.
Note: Front yard set back line was assumed to be measured from the
(South) right of way line of 98th Street. The point of measurement
reference for said front yard setback was not found in sold
ordinance.
Note: Set back lines are shown on the plot of survey, however, due
to the difficulty and ambiguity in the interpretation of what
constitutes a front yard line, side yard line, corner side yard
and rear yard the plotted location as shown on the accompanying
plat of survey are subject to interpretation.
EXISTING CONDITIONS
1.) Area - 10.17 Acres +/- (442,932 sq. ft.) (Parcel 1)
2.) Width or Depth - 773.67 feet of frontage on a public
street (98th Street)
3.) Floor Space of Structure(s) -
11,613 square feet (Building 1)
28,583 square feet (Building 11)
12,024 square feet (Building III)
1,684 square feet (Maintenance Building)
Note: Building areas indicated are based upon ground
level foundation dimensions.
4.) Setback of structure(s) from property line - As indicated
on survey.
5.) Height of Building(s) -
31 feet (Building I, Building II & Building III)
14 feet (Maintenance Building)
6.) Total Number of Marked Parking Spaces on surveyed tract =
336 (includes 7 handicap spaces)
SURVEYOR'S REPORT
Client: Barry Wallock c/o
Wallock & Wallock, P.C.
One Indiana Square
Suite 2230
Indianapolis, Indiana 46204
Job Number: 970150
Type of Survey. ALTA /ACSM Land Title Survey
Class of Survey: Urban (ALTA /ACSM Land Title Survey)
Class C Survey (865 IAC 1 -12)
Field Work Completed (mm /dd /yr). March 17,
Location of Survey. Pt. SE 14 Sec. 7- T17N -R4E, Clay Twp., Hamilton
County, Indiana
Note: The Theoretical Uncertainty of the corners of the subject
tract, established this survey, is within the
specifications for a Class C Survey ( +/- 0.5 foot) as
defined in 865 IAC 1 -12, effective August 16, 1991.
(Theoretical Uncertainty of a measurement is the radius of
a circle which circumscribes as area containing the
probable true location of a specified point as determined
by the precision of the instruments and procedures employed
in the performance of a survey).
In accordance with Title 865, Article 1, Chapter 1 of the Indiana
Administrative Code (IAC), the following observations and opinions
are submitted regarding the uncertainty in the position of the
lines and corners established and/or reestablished on this survey
as a result of:
1) Availability and condition of reference monuments;
2) Clarity ondjor ambiguity of the record descriptions used
and /or the adjoiners descriptions; and
3) Occupation or possession lines.
Attention is called to the fact that in many locations, the
original section corners have not been perpetuated or have been
lost. In these instances, the only evidence available to indicate
the true positions of original corners is existing topographical
features and current monuments. Lacking the aforementioned
evidence, a surveyor may resort to proportional measurement to
reestablish section corners. Sections corners that are not
original are usually classified as Title Corners. Since
undiscovered information may affect the true position of a title
corner, the uncertainty in a title corner is unknown.
The perimeter of the surveyed tract (Parcel 1) is an original 'cut
out" of real estate described in Instrument No. 96 -44351 in the
Office of the Recorder of Hamilton County, Indiana and was
established based upon previous random traverse of the Southeast
Quarter of Section 7, Township 17 North, Range 4 East, Clay
Township, Hamilton County, Hamilton County, Indiana. Said traverse
connected, by mathematically relationship, the perimeter of said
Southeast Quarter as established by monuments found within the
records of the Hamilton County Surveyor and Weihe Engineers, Inc
Deed distances and angular relationships were used in relationship
with said reference monuments to establish the perimeter of the
surveyed tract. Subsequent field investigations and traverses have
verified said monuments and mathematical relationships and that
they have been used for this survey.
As a result of the above observations, it is my opinion thot
the uncertainties in the locations of the lines and corners
established on this survey are as follows.
It is this surveyor's professional opinion that the
uncertainty in the lines of the :surveyed tract due to variances in
sold reference monuments is +/- 1.0 foot.
The record descriptions for the adjoining real estate were
obtained from the Hamilton County Recorder's Office and
mathematically retraced in an effort to disclose possible gaps
and /or overlaps between the lines of the surveyed tract and those
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of the adjoiners. It is this surveyor's professional opinion that
there are no uncertainties in the lines of the surveyed real w
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estate (Parcel 1) and those of the adjoiners due to discrepancies
in the record descriptions. w
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It is this surveyor's professional opinion that the uncertainty in
the lines rf the surveyed tract due to inconsistencies in the xo
lines of occupation found along the 9 perimeter of the surveyed w
tract is as follows: Z a a
1.)
The Easterly edge of an asphalt private drive known as
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Professional Drive is located +/- 0.5 foot to +/- 13.7
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The Westerly edge of an asphalt private drive known as
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Iron fence with brick columns is approximately parallel
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located + \- 11 feet to +/- 13 feet North of the surveyed
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H: \JAYE \DOC \970150
g71 9711142
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On At 02:370 Pa.
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