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HomeMy WebLinkAbout015 SU Keystone Office Park Building Plans 015-99.02I I 2 I f � x z G .Q f Z D Z a i 7 Q 2 ff z d z ,5 z 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 0 J of the adjoiners. It is this surveyor's professional opinion that there are no uncertainties in the lines of the surveyed real w a: estate (Parcel 1) and those of the adjoiners due to discrepancies in the record descriptions. w x . w 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 t\ O lr) Port of the Southeast Quarter of Section 7, Township 17 North, m a ^ Range 4 East in Hamilton County, Indiana, more particularly feet (varies) East and +/- 6.0 feet West (varies) of the 4 described as follows: surveyed East line. Beginning at the Southeast corner of "Lakewood Gardens Addition, cc LZi Second Section, Amended ", the plat of which is recorded in Plot �' 2 Book 2, page 206, in the Office of the Recorder of Hamilton The Westerly edge of an asphalt private drive known as G 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 m � seconds West (assumed bearing) 1255.00 feet from the Northeast v� 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 � 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 Wcc°v degrees 00 minutes 00 seconds 127.50 feet; thence (2) North 90 LL o W >CV 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 0z 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 m described radius point; thence (4) Southwesterly curving to the UJ 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 a Due from the lost described radius point; thence (5) Southeasterly 2A~ °x� 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 0 J of the adjoiners. It is this surveyor's professional opinion that there are no uncertainties in the lines of the surveyed real w a: estate (Parcel 1) and those of the adjoiners due to discrepancies in the record descriptions. w x . w 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 CO t\ O lr) Professional Drive is located +/- 0.5 foot to +/- 13.7 m a ^ J feet (varies) East and +/- 6.0 feet West (varies) of the 4 U U surveyed East line. Z cc LZi � W �' 2 2.) The Westerly edge of an asphalt private drive known as G Professional Drive is located +/- 10.8 feet to 0.0 foot W m � (varies) West and +/- 4.2 feet West of the surveyed West UJ C) J line. Z 3.) Iron fence with brick columns is approximately parallel � W with and +/- 22.0 feet Southerly of the surveyed North line. a 4.) A 6 feet high chain link fence with vinyl slats is located + \- 11 feet to +/- 13 feet North of the surveyed South line. W Wcc°v LL o W >CV As a result of the above observations, it is my opinion that va the uncertainties in the locations of the lines and corners W �e established on this survey are as follows: 0z Due to Variances in reference monuments: See above m UJ 00p,to Due to Discrepancies in the record descriptions: See above OZ a Due to Inconsistencies in lines of occupation: See above 2A~ °x� H: \JAYE \DOC \970150 g71 9711142 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On At 02:370 Pa. LG SURVEY 2.'.00 a w Z Z I 0 Z Fa R V) rz 0 0 V) 0 Z 5 9 w W Z 0 Z w a I , O aI V) W CO t\ O lr) y, im W m a ^ J Z 4 U U S Z cc a I , O aI V) W CO V UJ I U a LL J Z 4 S Z cc LZi � W �' 2 a U �a G � D m V 4 V Z O > O z � O � U C) J 2 � z � W Q .J U w vn O LL o W w �n a or_ w a QCL Q SHEET NO OF 2