HomeMy WebLinkAbout0560166B.2LEGAL DESCRIPTION (Per Document No. 2002000856381
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton Coutny, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 25, Township 18 North, Range 3 East. thence on East line thereof South 00
degrees 18 minutes 18 seconds East (assumed bearing) 528.00 feet; thence parallel with the South line of said Quarter Section South 88 degrees 50
minutes 00 seconds West 185.00 feet to the True Point of Beginning of the real estate herein described-, thence parallel with the East line of said
Quarter Section South 00 degrees 18 minutes 18 seconds East 66.00 feet; thence Parallel with the South line of said Quarter section South 88
degrees 50 minutes 00 seconds West 188.00 feet to the West line of the real estate described by a deed recorded as Instrument No. 9741581 in the
Hamilton County Recorder's Office: thence on said West line North 00 degrees 18 minutes 18 seconds West 66.00 feet to the North line of said real
estate-, thence on said North line North 88 degrees 50 minutes 00 seconds East 180.00 feet to the Point of Beginning, containing 0.25 acres, more or
less.
Note: The property known as "OVER THE FENCE LLC" under Instrument No. 2016009197 in in fact completely within and coincident with the Eastern
23 feet of the above described tract with the same fee simple owner "McVey" as trustees.
LEGAL DESCRIPTION (Per Document No. 2010052098
The West half of the following described real estate:
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana. described as follows:
Begin 24 rods 7 z feet South of the Northeast corner of said Quarter Section and run West 22 rods 10 feet; thence South 7 rods 9 feet; thence East 22
rods 10 feet. thence North 7 rods 9 feet to the place of beginning, except a strip 50 feet wide off the North thereof.
SURVEYOR'S REPORT
The record descriptions used in this survey were provided by research at the office of the Hamilton County Auditor and Recorder. The purpose of this
survey is to retrace the boundary of the McVey properties as described in Instrument No's 200200085638 and 2010052098. The subject property lies
in the Northeast Quarter of Section 28, Township 18 North, Range 3 West, Clay Township, Hamilton County, Indiana. Survey data shown hereon is a
local ground coordinate system based on the Indiana State Plane Coordinate System, West Zone, as provided by the Hamilton County Section Corner
Perpetuation Program, with the basis of bearings being grid North (the North line of the Northeast quarter of Section 25 being South 88°54'52" West
per the plat of Cobbelstone Subdivision). (Bearing and distance relationships to found monumentation on the adjoining properties is shown on the
attached plat for the purpose of establishing a history of monumentation: however. this plat does not represent a survey of said adjoining properties.)
There may be differences with deed dimensions when compared with measured dimensions along the boundary lines shown hereon. In cases where
the magnitude of these differences is less than the Acceptable Relative Positional Accuracies stated in the following report and less than the
uncertainty identified for the reference monumentation discussed in the following report, the differences may be considered insignificant and are
shown only for the purposes of mathematical closure and are therefore not discussed below. When such differences are greater than said
uncertainties or are the result of title discrepancies, they are generally discussed in more detail below as may be necessary for clarity of the lines
established or reestablished this survey.
Unless otherwise noted on the attached plat or in the following report, there is no evidence of occupation along the boundary lines of the subject tract.
When fences or other lines of occupation are shown on the plat, they have been located only at the ends or specific locations noted: therefore, for the
purposes of this survey, such lines are assumed to run straight between said locations, but in actuality may slightly vary from such straight line.
SURVEY DATA UTILIZED FROM THE FOLLOWING SOURCES:
Copies of the surveys, plats, and information referenced either below or on the attached plat, were obtained from files and information at the following
offices:
Hamilton County Highway Department: County Road Right-of-way plans, as applicable
Hamilton County Surveyor's Office: Section Corner Perpetuation Project Dossiers
Hamilton County Auditor's Office: Survey, parcelization, and subdivision plat files
Hamilton County Recorder's Office: Recorded surveys, parcelizations, and subdivision plats
Hamilton County Management Information Technology Services: digital aerial photographs (as necessary)
Copies of other private surveys were obtained if they were referred to on other surveys obtained from the above offices or were known to exist and
could be located for copying purposes.
Miller Surveying Inc., Job No. B27209 (Phillips property -unrecorded)
Schneider Corp., Job No. 6300.005 (Route Survey for Duke Energy- recorded as Inst# 2014019469)
Weihe Engineers, Job No. 90-1140 (Survey of 640 N. Rangeline Rd- recorded as Inst# 9026524)
Central States Consulting, Inc., (Alta/Acsm Land Title Survey - recorded as a part of Inst# 2009002241, the HAAG property at 760 N. Rangeline Rd)
United Consulting Engineers & Architect, Inc., Job No. 06-508 (Right -of -Way Parcel Plat recorded as Inst# 2007005545)
JD Hall Land Surveying, Job No. 15-040, (Survey of 35 W. 8th Street - Recorded as Inst# 2015044653)
JD Hall Land Surveying, Job No. 14-072 (Survey of 721 1 St Ave NW- Recorded as Inst# 2015045445)
RETRACEMENT SURVEY
PART OF THE NE 1/4, SEC. 25-T18N-R3E
PARCEL No. 16-09-25-08-02-019.000, Address: 707 1st Avenue, NW, Carmel, IN 46032
PARCEL No. 16-09-25-08-02-020.000, Address: 711 1st Avenue, NW, Carmel, IN 46032
THEORY OF LOCATION
The boundary of the subject tract was retraced from existing survey monumentation found per the Hamilton County Section Corner Perpetuation
Project. These monuments were found and held.
Additional record monuments were found along the various lines of the subject tract per Deed Description and or recorded surveys and were
held in most cases (see surveyors report below for variations). The survey reference documents listed above were used in recovering these
record monuments.
The lines and corners of the subject and adjoining deeds were retraced per deed dimensions relying on parallelism with the North and East lines
of the Quarter Section for this retracement.
This is also the continuation of numerous survey projects in this neighborhood where all of the deeds shown on the face of this survey have been
analyzed and found to all have been written from the Northeast corner of the Quarter Section and all deeds being mathematically coincident with
each other, inclusive of the subject and East adjoining deeds.
This strong mathematical certainty falls apart with the South adjoiners to the subject and East adjoining tracts. It is with these that gaps and
overlaps have been introduced into the neighborhood. several surveys by Weihe engineering in years past has identified and quantified this
situation and Weihe has re -written the subject deed for Instrument No. 200200085638 (being the remaining property after deeding off an overlap
area). where a call for parallelism to the South line of the Quarter section has been made. I believe this may have been in error and it appears to
contribute to a shortage observed within the block. I also believe that this shortage is confined to the second McVey tract in Instrument No.
2010052098.
Since this conditions has existed for a long period of time (at least since 1996) and no parole evidence expressing dissatisfaction has been given
by an neighbor. I have elected to hold the status quo of the previously set Weihe monuments as shown in the face of this survey.
In accordance with the Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative Code, the following
observations and opinions are submitted with reference to the uncertainties in the locations of the lines and corners established on this survey as
a result of:
1) Variance caused by the availability and condition of record monuments;
Existing monuments were found to be within acceptable relationships to the corners they are marking and well within the limits of the relative
positional accuracy cited below.
An uncertainty of 0.27' is associated with the North-South dimensions of the subject tract due o the existing survey markers found at the
Right-of-way of 1st Ave NW. Both were set previously by Weihe Engineering. In a recroded survey of the 707 1st AVE NW property, Weihe had
held the full deed dimension of 66' for the frontage of that tract. Doing so placed the shortage on the 711 1 st AVE NW property.
2) The existing deeds and plats of record;
No uncertainties were discovered among the numerous deeds researched for this project.
3) The occupation or possession lines (fences, etc.) as related to the surveyed lines;
Uncertainties in the lines area equal to the dimensions shown on the face of this survey to those occupations.
An uncertainty of 0-1.5't is associated with the South line due to the existing fence location.
An uncertainty of 0-0.3't is associated with the North line due to the existing fence location.
No uncertainties are associated with the East fence line as it appears to be a fence line of convenience, blocking existing utility lines..
4) The Relative Positional Accuracy of measurements;
A) The Relative Positional Accuracy of position of the lines and corners of this survey due to measurements is within the specifications for a
Suburban Survey (0.13 foot plus 100 parts per million).
NnTFS
1) Subsurface and environmental conditions were not examined or considered as a part of this survey. No statement is made concerning the
existence of overhead or underground containers or facilities that may affect the use or development of this tract.
2) No attempt was made as part of this survey to obtain or show data concerning existence, size, depth, condition, capacity, or location of
any utility, public service facility, or utility service lines to the property.
3) No excavations were made during the course of this survey to locate underground utilities and/or structures. Before design or construction
is begun, locations should be obtained from the appropriate agencies.
4) This survey does not represent a title search by Surveyor but was prepared with the benefit of a title commitment, abstract of title, or a title
search prepared by a title a title company.
5) Every document of record reviewed and considered as a part of this survey is noted hereon. The plat and survey were prepared based
upon research of the public records to determine the last deed of record for source of title for the subject and adjoining properties and is
therefore subject to any statements of facts revealed by examination of prior deeds or other documents that may exist that would affect this
parcel.
6) Since the date of this survey conditions may have occurred that are beyond the knowledge or control of the undersigned surveyor and may
have altered the validity and circumstances shown or noted hereon.
7) This survey plat has been prepared for use on this particular project and for the exclusive use of the person(s) or entity hereon named and
is not certified to or to be used by any other party. The evidence, possession, ownership, conditions etc. could change constantly and the use
of this survey is limited only to the dated indicated herein.
8) The location of the title lines and corners are subject to the evidence found in the performance of this survey. Additional evidence
presented to JD Hall Land Surveying may alter the location of the title lines and corners.
9) No warranty, either expressed or implied, is made as to the accuracy and/or completeness of information provided by governmental
authorities and/or third parties, or as to its fitness for any particular purpose or use, including but not limited to information presented on zoning,
setback requirements, flood hazard zones, and wetlands areas. in no event will JD Hall Land Surveying, its employees, agents, and/or assigns
be liable for any damages arising out of the furnishing and/or use of such information.
10) Underground utilities depicted on the attached plat of survey have been located per field observations and per site plans only. No
warranty, either expressed or implied, is made to the accuracy and/or completeness of information presented on underground utilities, or as to
its fitness for any particular purpose or use. In no event will JD Hall Land Surveying, its employees, agents, and/or assigns be liable for any
damages arising out of the furnishing and/or use of such information. The path of the utility lines 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.
11) As used in this survey, certify means to state or declare a professional opinion of conditions regarding those facts or findings which
are the subject of the certification and does not constitute a warranty or guarantee, either expressed or implied.
LAND SURVEYOR'S CERTIFICATE
The undersigned, a Registered Land Surveyor of the State of Indiana does hereby certify that the attached plat and above legal description were
prepared under his direct supervision, and to the best of his knowledge and belief was executed in accordance with the requirements of the
Indiana Survey Standards as defined in Title 865, Article 1, of the Indiana Administrative Code.
CERTIFIED BY DATE: 6/3/2017 Q� F,G\STERF
JAMES D. HALL. LS 20500017
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each
Social Security number in this document, unless required by law. JAMES D. HALL
Prepared by: JAMES D. HALL
=� No. �=
LS20500017
STATE OF
M
REF:14-072
REF:12-060