HomeMy WebLinkAbout26Kite Greyhound, LLC
Boyview Development Company, Inc.
Lowe's Home Centers, Inc.
Board of County Commissioners, Hamilton County
Hamilton Title Security, LLC
Commonwealth Land Title Insurance Company
I, the undersigned, hereby certify that to the best of my professional knowledge and belief the
within plot accurately represents a survey performed under my supervision during November, 1999
and on June 21, 2000 of the following described real estate, and that sold survey was executed
in accordance with Title 865, Article 1, Rule 12, of the Indiana Administrative Code, establishing
minimum standards for the practice of land surveying in Indiana, effective dote August 16, 1991.
1, further certify that this map or plot and the survey on which it is based were made (i) in
accordonce with "Minimum Stondord Detail Requirements for ALTA/ACSM Land Title Surveys,
jointly established and adopted by ALTA, ACSM, and NSPS in 1997 and includes items 1-11,
and 13 of Table A thereof, and (ii) pursuant to the Accuracy Standards (as adopted by
ALTA and ACSM and in effect on the dote of this certification) of on Urban Survey.
I, further certify to Kite Greyhound, LLC; Boyview Development Company, Inc.; Lowes
Home Centers, Inc.; Board of County Commissioners, Hamilton County; Hamilton Title
Security, LLC; and Commonwealth Land Title Insurance Company that this survey was
actually made upon the ground; that it and the information, courses, angles and
distances shown thereon ore correct; that this survey accurately shows the location of
oil buildings, structures and other improvements on the Premises, including, without
limitation, all streets, easements, rights-of-way and visible utility lines; and that, except
as shown, there are no (a) easements or rights-of-woy across the Premises; (b) party
wolls, (c) encroachments on adjoining premises, street or alleys of any of said buildings,
structures or improvements, or (d) encroachments upon the Premises by any building,
structures or other improvements situated on any adjoining premises; physical evidence
of boundary lines on all sides of the Premises is as stated on the survey; and that the
improvements do not violate any set -bock or other building lines; that this survey has
been made using the latest recorded plot or deed; that there are no encroachments
other than those shown, and that the survey is accurate to the best of my professional
knowledge and belief.
I further certify that the within described real estate does not lie within a Zone A, 100 year
flood hazard area, as indicated on FIRM, Flood Insurance Rate Mop, Community Panel Number
180081 0003 C, City of Carmel, Indiana, mop doted May 19, 1981.
PARCEL
Port of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the said Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet
to the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16
seconds West along the said South right of way line 190.03 feet to the Point of
Beginning; thence continuing South 89 degrees 05 minutes 16 seconds West along said
South right of way line 890.32 feet to the Easterly permanent right of way line for State
Highway Number 431 per plans for Project S-165 (14) and further described in
Condemnotion proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-
626 (the next three courses ore along said right of way); 1) thence South 71 degrees 30
minutes 51 seconds West 24.82 feet; 2) thence South 07 degrees 16 minutes 09
seconds East 71.80 feet to a non -tangent curve having a radius of 5624.60 feet, the
radius point of which bears North 78 degrees 22 minutes 03 seconds East; 3) thence
Southeasterly along said curve on arc distance of 914.16 feet to a point which bears
South 69 degrees 03 minutes 19 seconds West from said radius point; thence North 90
degrees 00 minutes 00 seconds East 130.48 feet to a non -tangent curve having a radius
of 270.00 feet, the radius point of which bears South 55 degrees 55 minutes 00 seconds
East, thence Northeasterly along said curve an arc length of 365.41 feet to a point which
bears North 21 degrees 37 minutes 34 seconds East from said radius point; thence
North 89 degrees 14 minutes 07 seconds East 52.98 feet to the Northwest corner of Lot
29 in Danbury Estates, Section 1, as per plot thereof, recorded as Instrument No.
9429324 in Plot Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton
County, Indiana; thence continuing North 89 degrees 14 minutes 07 seconds East along
the North line of said lot 29 a distance of 139.23 feet, thence North 00 degrees 10
minutes 51 seconds East 867.51 feet to the point of beginning, containing 16.516 acres,
more or less.
PARCEL II
Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the said Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet
to the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16
seconds West along the said South right of way line 10.00 feet to the Point of Beginning;
thence South 00 degrees 10 minutes 51 seconds West 867.97 feet to the North line of
Lot 33 in Danbury Estates, Section 1, as per plot thereof, recorded as Instrument No.
9429324 in Plot Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton
County, Indiana; thence South 89 degrees 14 minutes 07 seconds West along the North
line of sold Lot 33 and the North line of Lots 32, 31, 30, and 29 in sold Danbury Estates,
Section 1 a distance of 180.02 feet; thence North 00 degrees 10 minutes 51 seconds
East 867.51 feet to the South right of way line of 146th Street-, thence North 89 decrees
05 minutes 16 seconds East along the said South right of way line 180.03 feet to the
point of beginning, containing 3.586 acres, more or less.
PARCEL
A strip of ground 10.00 feet wide by parallel lines being a part of the North Half of the
Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Northeast corner of the North Half of the Northwest Quarter of sold
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the sold Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet
to the Point of Beginning which lies on the South right of way line of 146th Street; thence
continuing South 00 degrees 10 minutes 51 seconds West 868.00 feet to the North line
of Lot 33 in Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No.
9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton
County, Indiana; thence South 89 degrees 14 minutes 07 seconds West along the sold
North line 10.00 feet; thence North 00 degrees 10 minutes 51 seconds East 867.97 feet
to the South right of way line of 146th Street; thence North 89 degrees 05 minutes 16
seconds East along the said South right of way line 1000 feet to the point of beginning,
containing 0,20 acres, more or less.
No.
880004 ;*
STATE Of
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PARCEL IV
Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the soid Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 577.42
feet to the Point of Beginning; thence North 90 degrees 00 minutes 00 seconds East
386.39 feet to the Northwesterly line of Lot 73 in Donbury Estates, Section 1 , as per plat
thereof, recorded as Instrument No. 9429324 in Plat Cabinet No. 1, Slide No. 435 in the
Office of the Recorder of Hamilton County, Indiana (the next nine courses ore along the
boundary line of said Danbury Estates; 1) thence South 49 degrees18 minutes 28
seconds West 23.11 feet, 2) thence South 55 degrees 47 minutes 39 seconds West
64.32 feet; 3) thence South 19 degrees 18 minutes 30 seconds East 86.14 feet; 4)
thence South 75 degrees 58 minutes 40 seconds West 7.08 feet; 5) thence South 16
degrees 29 minutes 43 seconds East 110.03 feet; 6) thence South 34 degrees 34
minutes 51 seconds West 52.32 feet; 7) thence South 43 degrees 21 minutes 20
seconds West 25.99 feet: 8) thence South 65 degrees 32 minutes 42 seconds West
149.41 feet; 9) thence South 89 degrees 14 minutes 07 seconds West 186 16 feet,
thence North 00 degrees 10 minutes 51 seconds East 366.05 feet to the point of
beginning, containing 2.760 acres, more or less.
PARCEL V
Port of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows.
Commencing at the Northeast corner of the North Half of the Northwest Quarter of sold
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the said Northwest
Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to
the Point of Beginning which lies on the South right of way line of 146th Street; thence
South 89 degrees 05 minutes 16 seconds West along said right of way line 406.64 feet,
thence South 00 degrees 10 minutes 51 seconds West 501.95 feet; thence North 90
degrees 00 minutes 00 seconds East 38639 feet to the Northwesterly line of Lot 73 in
Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No. 9429324 in
Plot Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton County, Indiana
(the next nine courses are along the boundary line of said Danbury Estates); 1) thence North
49 degrees 18 minutes 28 seconds East 36.71 feet; 2) thence North 34 degrees 01 minutes
44 seconds East 59.82 feet; 3) thence North 18 degrees 45 minutes 00 seconds East
59.82 feet; 4) thence North 03 degrees 57 minutes 34 seconds Eost 59.87 feet; 5)
thence North 05 degrees 22 minutes 45 seconds West 166.65 feet; 6) thence South 72
degrees 03 minutes 23 seconds West 28.56 feet to a curve having a radius of 175.00
feet, the radius point of which bears North 17 degrees 56 minutes 37 seconds West; 7)
thence Southwesterly along sold curve an arc length of 4.27 feet to a point which bears
South 16 degrees 32 minutes 46 seconds East from said radius point; 8) thence North
16 degrees 32 minutes 46 seconds West 50.00 feet; 9) thence North 00 degrees 54
minutes 44 seconds West 114.92 feet to the point of beginning, containing 5.108 acres,
more or less.
PARCEL VI
Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the sold Northwest Quarter Section; thence
South 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane
Coordinates - East Zone) along the North line of the said Northwest Quarter 783.77 feet,
thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of
way line of 146th Street; thence South 89 degrees 05 minutes 16 seconds West along
the sold South right of way line 1 487 00 feet to the Easterly permanent right of way line
for State Highway Number 431 per plans for Project S-165 (1 4) and further described in
Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-
626 (the next three courses are along said right of way); 1) thence South 71 degrees 30
minutes 51 seconds West 24.82 feet; 2) thence South 07 degrees 16 minutes 09
seconds East 71.80 feet to the Point of Beginning, which lies on a non -tangent curve
having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22
minutes 03 seconds East, 3) thence Southeasterly along sold curve an arc distance of
914.16 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from
sold radius point; thence South 69 degrees 03 minutes 19 seconds West 47 00 feet to
the Easterly line for Limited Access right of way per sold plans and cause number and
the point of curvature of a non-tongent curve having a radius of 5671.60 feet, the radius
point of which bears North 66 degrees 06 minutes 18 seconds East; thence
Northwesterly along sold Easterly Limited Access right of way line and curve an arc
distance of 921.80 feet to a point which bears South 78 degrees 22 minutes 03 seconds
West from said radius point-, thence North 78 degrees 22 minutes 03 seconds East
47.00 feet to the point of beginning, containing 0.990 acres, more or less.
PROPOSED 20' DRAINAGE EASEMENT
Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the said Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet
to the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16
seconds West along the sold South right of way line 190 03 feet; thence South 00 degrees
10 minutes 51 seconds West 825.00 feet to the Point of Beginning; thence North 90
degrees 00 minutes 00 seconds East 190 00 feet; thence South 00 degrees 10 minutes
51 seconds West 20.00 feet; thence South 90 degrees 00 minutes 00 seconds West 190 00
feet; thence North 00 degrees 10 minutes 51 seconds East 20.00 feet to the Point of
Beginning, containing 0.087 acres, more or less.
PROPOSED SIGN EASEMENT
Port of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows.
Commencing at the Northeast corner of the North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates - East Zone) along the North line of the sold Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet
to the South right' of way line of 146th Street; thence South 89 degrees 05 minutes 16
seconds West along the said South right of way line 190 03 feet; thence South 00 degrees
10 minutes 51 seconds West 801.50 feet to the Point of Beginning; thence continuing South
00 degrees 10 minutes 51 seconds West 11.00 feet, thence South 90 degrees 00 minutes
00 seconds West 26.74 feet, thence North 00 degrees 00 minutes 00 seconds East 11 00
feet; thence North 90 degrees 00 minutes 00 seconds East 26.77 feet to the Point of
Beginning, containing 294 square feet, more or less.
SURVEYOR'S REPORT
In accordance with Title 865, Article 1 , Rule 12, of the Indiana Administrative Code, establishing
minimum standards of practice of land surveying in Indiana, effective August 16, 1991, the following
observations and opinions are submitted regarding the various uncertaint:es ;n the location of the lines
and corners established on this survey as a result of:
a) Variances in the reference monuments,
b) Discrepancies in record descriptions and plats,
c) Incons'stencies in lines of occupation.
d) Random Errors in Measurement (Theoretical Uncertainty);
The Theoretical Uncertainty (due to random errors in measurement) of tr-.e-Orners of the subject real
estate established by this survey is within the specifications for o Class s„rvey (+/- 0.50 feet) as
defined in IAC 865.
The purpose of this survey is to survey the residuol of the tract of land described in Instrument #8805327
The within survey is based in part upon several prior surveys:
Route Location Survey along 146th Street, PIC Job No 970468-70000, anted April 6. 1998, ALTA
Minimum Standards Detail Survey, PIC Job No 93366-30100, doted August 15, 1995: Boundary
Survey, Pi(- Job too 87315-00000, dated March 16, 1987 Also, an ALTA Mir).murn Standards Survey
preporea by We,rie Engineers, Inc., Job No 980777, doted January 19, 19`9? was used to help prepare
this survey
There ore no cournty surveyor reference ties remaining for the Northwest-.-,rner cf Section 9,
Townsh p 18 North, Range 4 East. This corner falls in 146th Street an,; r, y ,have been destroyed
during construction of the bridge over U.S. #31 However, a Mog nail *cs previously located at this
corner f;;r the oforesoid Route Location Survey. The uncertainty in the of this corner In my
opinion -s 0 5 feet
A A. iris ret:,r +own Y') was found at the Northeast corner of the '41ortnwest Quarter of said
Section 19 per -,unty surveyor's references
No county sur -.e, -.r reference ties are available for the location of the `o tnwest corner ,^,f the
Northwest Cluarter soid Section 19 A P.K. Noll (of unknown origin) was previously found at o corner
location which substantiolly agrees with local lines of possession (fences i and record courses of
adjoining deeds os is-losedin the aforesaid ALTA Minimum Standards Detail >urvey. Seid PK Nail
was used as 't)e best availoble evidence for the location of the Southwest '-crner of the Northwest
Quarter of said Section 19 It has since been destroyed. The uncertainty the location of soid
monument with respect to the original government survey corner is 4.0 feet north -south and 2 C fee`.
east -west
A stone w/%" was found 30.0 feet west of the Southeast corner of the f:c;rthwest Oucrter of said
Section 19 per Ham,iiton County Surveyors records. The stone marking the said Southeast corner
located previously, for the aforesaid Boundary Survey was not found this survey
There are several .,,pperweld monuments that were found at center line street intersect,ons and center
of the cul -de -loop as depicted on the within survey, which agrees with the subdivision plat geometry
for Danbury Estates. Section 1 Also, there are several concrete monuments found along the perimeter
boundary of said ssbdivision as shown on the within survey.
The perimeter fences and their relationship to the boundary of the suble:lt eal estate are depicted cn
the within survey There are numerous utilities along the perimeter boundary, of said Do -.bury Estotes,
some of which are encroaching unto the subject property as shown on the w.thin survey
Evidence of source of title for the subject real estate was provided in the farm of Hamilt.,n Title
Security, LLC - Commitment No. 2001843, effective date June 14, 2000 Port of the items shown therec)n
may have been depicted on the survey and are identified by their recording dota Should any additioncl terns
need to be depicted on the survey please advise and provide the oppropr ;.)te documents The within , at i3na
survey were prepared without benefit of current evidence of source of title For the adjoiners to the sub,ect
real estate and are therefore subject to any statement of facts revealed by examination of such doc.:rrer,s
There
are no Gc s or
Gores
between the
subject parcels and/or
,;;c hers.
_ie fro,)tage, or for
The subject
real -,tate
is an
open field
and vacant, except for
p
th-r�,inage
pand4
Zoning Restrictions:
Parcels on; are zoned Planned 'knit Development (PUD) er r,4ir,ance
Minimum Buiidinq the r' ri,rrum building setback meosure_1 10 tie nearest
right of way sholl be 90 feet, ey,_ept i3icng 146th Street where •r e nin'iurr1 building
setbock shod 1:,- 45 feet.
Maximum Budding Heignts All uses, 60 feet.
Minimum
Building
Heights
All uses, 30
feet along
the Keystone
_ie fro,)tage, or for
uses not
on the
frontage, 14 feet, with
a minimum
of 12 feet tc
the lowest eaves for o
building
w th a gable
-)r
hip roof Any
building or
part of a buildii-4
n
witr,in 300 feet of the
Keystone
Avenue
right of
way shall be
considered
on the frontage
A,:�essorti buildings,
attached
garden
centers,
and screened
delivery areas
are exempt f,:Dn,,
tie requirements
Schedule B -Section II Items:
12 Permanent e tinguishment of all rights and easements of ingress anc egress to, from and across the
limited access facility i known as State Highway 431) to and from the lanl set out in decree in Homiito^
Superior,/Cir uit :ourt ��.,use No 61-61.6.
13 Permanent Right of Way east of limited access facility set forth oboe gong west side of real estote as
set out in dee-ee in -Hamilton Superior/Circuit Court Cause No 61-626
14. Grant cif Temporary Right of Way from Bayview Development Compor,, gin,- to board of County
Commissioners. H�,miiti�n t_ounty, dated r:(Aober 28, 1998, recorded June )7 :OOC, as Instrument 1,
200000031 17,-1`1
15 Perrniiner:t P,+ -r ,; shment of all rights and easements of ingress on-, egress to, from and ocress tt-ie
limited access facility ionown as 146th Street os set forth in Warranty Dee;; from Boyview Development
Company, lr,ic 10 tf,e Board of County Commissioners Hamilton County, (,, ,red Vc;tober 28, 1988, recoraed
Jure 27. _006, as instrument No 2100000031 1 69-
1 Agreement t. -,r Drainage Easement and incidental purposes by and t en Langston Development
Company, inc ono Boyview Development Company, Inc. dated March 4, 1 ,,�ti4 recorded March 1 u. 1994 gas
Instrument No y41 1463
18 Commitments oncerning The Development and Use of Real Estate b, Longston Development
Company, Inc ;nal Baview Development Company, Inc dated June 24, recorded July 2 1993 os
Instrument No 8330020
19 Comrnitrrps r-`,icernin The Develo ment and Use of Real
- 9 P Estate t:;greyhound:
Development i_ mper,y, Inc and Homilton County, Indiana, recorded C0n a
Instrument " -- - _ _ _ _ t 5
adjoining real (Affects Panels (, 11, & Ill c` ��-e ecf real r'staty
I g estate t-, the South)
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