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HomeMy WebLinkAboutAlta Land Title SurveyEEEEEEEEEEEEEEEEEEEEEEEEEEEE EE EEEEE EEEEE E EEEEEEEEEEEEEEEEEEEEEEEEE E EEEEEEEEEEEEEEEEEEE EEEEE E EEEE EEEWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWReplat of City Homes Village of West Clay P.C. 4, SL. 93, Inst. No.: 200600039892 685684 DB Klain Construction LLC Inst. No.: 2018026163 Village of West Clay Owners Assoc. Inst. No.: 2020034172 AZR Haver LLC Inst. No.: 2018010709 Rhettsbury StreetMeeting House RoadReplat of City Homes Phase 2Village of West ClayP.C. 4, SL. 265, Inst. No.: 2007013951Alexandar & Lidja Trajkov Inst. No.: 2017061773 Village of West Clay Owners Assoc. Inst. No.: 2020034172 DB Klain Construction LLCInst. No.: 2020034171COMBINED PARCELS N89°51'51"E 75.00'N00°35'55"W 126.01'R-90.00 Δ-0°27'34" L-0.72' T-0.36' CH-0.72' CH BRG-S89°37'52"W S89°51'39"W 65.50'S00°08'09"E 56.25'S89°51'51"W 7.76'S00°08'09"E 69.75'PK OR MAG NAIL FOUND CURB INLET STORM MANHOLE SANITARY SEWER MANHOLE VICINITY MAP NOT TO SCALE - PROJECT LOCATION PROJECT BM NORTHWEST CORNER OF CONCRETE PAD FOR TRANSFORMER LOCATED IN PARKING LOT ISLAND APPRCOX. 15.6 FEET NORTH OF AND 16.3 FEET WEST OF THE NORTHWEST CORNER OF THE SURVEYED PROPERTY. ELEV. 895.69 NAVD 88 THE HORIZONTAL AND VERTICAL LOCATION DATA SHOWN ON THIS SURVEY ARE BASED UPON POSITIONAL SOLUTIONS DERIVED FROM REAL-TIME KINEMATIC (RTK) GLOBAL POSITIONING SYSTEM (GPS) OBSERVATIONS PROCESSED BY THE INDIANA DEPARTMENT OF TRANSPORTATION (INDOT) CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS). THE BEARINGS SHOWN ARE DERIVED FROM RECORD PLAT OF VILLAGE OF WEST CLAY, SECTION 3001-A, VILLAGE CENTER, PART 2. THE VERTICAL DATUM IS BASED UPON NAVD 88. MAG NAIL WITH WASHER STAMPED "WEIHE ENGR. 0012" SET 317 | 846 - 6611800 | 452 - 6408317 | 843 - 0546 faxWEIHEENGINEERSLand Surveying | Civil EngineeringLandscape ArchitectureALLAN H. WEIHE, P.E., L.S. - FOUNDER10505 N. College AvenueIndianapolis, Indiana 46280weihe.net1 1 LEGEND ALUMINUM MONUMENT ELECTRIC JUNCTION BOX ELECTRIC OUTLET TRANSFORMER COMMUNICATIONS JUNCTION BOX COMMUNICATIONS PEDESTAL FIRE HYDRANT SPRINKLER CONTROL VALVE WATER METER WATER VALVE GAS METER GAS VALVE GAS PIPELINE MARKER CLEANOUT (OTHER OR UNIDENTIFIED) MAIL BOX SIGN AIR CONDITIONER HANDICAPPED SPACE SANITARY STUB MARKER ACREAGE SQUARE FEET AC. S.F. D.U.&S.S.E DRAINAGE, UTILITY, & SANITARY SEWER EASEMENT ASPHALT CONCRETE (CONC) RIGHT-OF-WAYROW DRAINAGE & UTILITY EASMENTD.&U.E. LIGHT STAND REBARS FOUND- ARE 5/8" Ø WITH A YELLOW PLASTIC CAP STAMPED "WEIHE ENGR. 0012" OR "SCHNEIDER FIRM 0001" FOUND ON DEED CORNERS UNLESS NOTED OTHERWISE. TELEVISION PEDESTAL COMMUNICATIONS HANDHOLE D.B. KLAIN CONSTRUCTION, LLCOriginal - ALTA Land Title SurveyW S N E EXISTING BUILDING TO:DB KLAIN CONSTRUCTION, LLC 2159 GLEBE STREET, SUITE 200 CARMEL, IN 46032 THE PURPOSE OF THIS SURVEY IS TO COMBINE DESCRIBE THAT PART OF THE REMAINING AREA OF BLOCK "E" OF THE VILLAGE OF WEST CLAY, SECTION 3001-A, VILLAGE CENTER, PART 2, CONVEYED TO DB KLAIN CONSTRUCTION WITH LOT 684 IN THE REPLAT OF CITY HOMES, AND MARK THE DEED LINES OF THE SURVEYED PROPERTY ON THE GROUND AND TO REPORT THE AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS; CLARITY AND/OR AMBIGUITY OF THE RECORD DESCRIPTION(S) AS WELL AS THE DESCRIPTIONS OF ADJOINING LANDS AND THEIR RELATIONSHIPS TO OCCUPATION OR POSSESSION LINES. RECORD DESCRIPTION PARCEL 1 CURRENT OWNER OF RECORD:DB KLAIN CONSTRUCTION, LLC PER DEED RECORDED AS INSTRUMENT NO. 2016037309 LOT NUMBERED 684 IN REPLAT OF CITY HOMES, VILLAGE OF WEST CLAY , A REPLAT OF PART OF BLOCK "e" OF THE VILLAGE OF WEST CLAY, SECTION 3001-A, VILLAGE CENTER, PART 2, A SUBDIVISION IN HAMILTON COUNTY, INDIANA AS PER PLAT THEREOF RECORDED JULY 12, 2006, IN PLAT CABINET 4, SLIDE 93 AS INSTRUMENT NO. 200600039892, AS CORRECTED BY A CERTIFICATE OF CORRECTION RECORDED AS INSTRUMENT NO. 200600045749 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA PARCEL 2 CURRENT OWNER OF RECORD:DB KLAIN CONSTRUCTION, LLC PER DEED RECORDED AS INSTRUMENT NO. 2020034171 A PART OF BLOCK "E" IN VILLAGE OF WESTCLAY, SECTION 3001-A, VILLAGE CENTER, PART 2, PER PLAT THEREOF RECORDED IN PLAT CABINET 2, SLIDE 363 AS INSTRUMENT NO. 199909969687 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, DESCRIBED AS THE FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK "E" BEING THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF RHETTSBURY STREET AND THE EAST RIGHT OF WAY LINE OF MEETING HOUSE ROAD; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RHETTSBURY STREET NORTH 89 DEGREES 51 MINUTES 51 SECONDS EAST 123.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 DEGREES 51 MINUTES 51 SECONDS EAST 10.00 FEET TO THE SOUTHWEST CORNER OF LOT 684 IN THE REPLAT OF CITY HOMES, VILLAGE OF WEST CLAY PER PLAT THEREOF RECORDED IN PLAT CABINET 4, SLIDE 93 AS INSTRUMENT NO. 2006039892 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE ALONG THE WEST LINE OF SAID LOT 684 NORTH 00 DEGREE 08 MINUTES 09 SECONDS WEST 126.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 684; THENCE ON AN EXTENSION OF THE NORTH LINE OF LOT 684 SOUTH 89 DEGREES 51 MINUTES 39 SECONDS WEST 2.24 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 684 SOUTH 00 DEGREES 08 MINUTES 09 SECONDS EAST 56.25 FEET; THENCE PERPENDICULAR TO SAID WEST LINE SOUTH 89 DEGREES 51 MINUTES 51 SECONDS WEST 7.76 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 684 SOUTH 00 DEGREE 08 MINUTES 09 SECONDS EAST 69.75 FEET TO THE POINT OF BEGINNING, CONTAINING 823.56 SQUARE FEET OR 0.019 ACRE, MORE OR LESS. COMBINED LOT 684 WITH ADJACENT SUBJECT AREA OF BLOCK "E" LOT 684 IN THE REPLAT OF CITY HOMES, VILLAGE OF WEST CLAY PER PLAT THEREOF RECORDED IN PLAT CABINET 4, SLIDE 93 AS INSTRUMENT NO. 2006039892 AND A PART OF BLOCK "E" IN VILLAGE OF WESTCLAY, SECTION 3001-A, VILLAGE CENTER, PART 2, PER PLAT THEREOF RECORDED IN PLAT CABINET 2, SLIDE 363 AS INSTRUMENT NO. 199909969687 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, DESCRIBED AS THE FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK "E" BEING THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF RHETTSBURY STREET AND THE EAST RIGHT OF WAY LINE OF MEETING HOUSE ROAD; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RHETTSBURY STREET NORTH 89 DEGREES 51 MINUTES 51 SECONDS EAST 123.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 DEGREES 51 MINUTES 51 SECONDS EAST 75.00 FEET TO THE SOUTHEAST CORNER OF LOT 684 IN THE REPLAT OF CITY HOMES, VILLAGE OF WEST CLAY PER PLAT THEREOF RECORDED IN PLAT CABINET 4, SLIDE 93 AS INSTRUMENT NO. 2006039892 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE ALONG THE EAST LINE OF SAID LOT 684 NORTH 00 DEGREE 35 MINUTES 48 SECONDS WEST 126.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 684, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 90.00 FEET THE RADIUS POINT BEARS NORTH 00 DEGREES 36 MINUTES 04 SECONDS WEST; THENCE ALONG THE NORTH LINE OF LOT 684 AND THE CURVE WESTERLY 0.72 FEET TO THE POINT OF TANGENCY WHICH BEARS SOUTH 00 DEGREE 08 MINUTES 21 SECONDS EAST FROM THE RADIUS POINT; THENCE CONTINUING ALONG THE NORTH LINE OF LOT 684 AND AN EXTENSION THEREOF SOUTH 89 DEGREES 51 MINUTES 39 SECONDS WEST 65.50 FEET; THENCE PARALLEL WITH THE WEST LINE OF LOT 684 SOUTH 00 DEGREES 08 MINUTES 09 SECONDS EAST 56.25 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 51 SECONDS WEST 7.76 FEET; THENCE SOUTH 00 DEGREE 08 MINUTES 09 SECONDS EAST 69.75 FEET TO THE POINT OF BEGINNING, CONTAINING 8949.58 SQUARE FEET OR 0.21 ACRE, MORE OR LESS. SURVEYOR'S REPORT THE PLANIMETRIC DATA WAS GATHERED USING A STANDARD RADIAL SURVEYING TECHNIQUES WITH AN ELECTRONIC INSTRUMENT WITH DATA COLLECTOR. THE FOLLOWING PARAGRAPHS ARE OBSERVATIONS AND OPINIONS REGARDING THE UNCERTAINTIES IN THE LOCATIONS OF MONUMENTS BOTH FOUND AND SET, RECORD DOCUMENTS AND THE DEED LINES AS ESTABLISHED OR REESTABLISHED BY THIS SURVEY, AND AS INTRODUCED BY PROBABLE RANDOM ERRORS IN THE MEASURE. THERE MAY BE DIFFERENCES BETWEEN LINES OF OCCUPATION (POSSESSION) AND THE DEED LINES AS SHOWN ON THIS SURVEY. MONUMENTS MONUMENTS WERE SET OR FOUND DURING THE COURSE OF THIS SURVEY, THOSE SET IN THE GROUND ARE 5/8” REBAR WITH YELLOW PLASTIC CAPS STAMPED “WEIHE ENGR 0012”, UNLESS OTHERWISE NOTED. MONUMENTS SET IN HARD SURFACED AREAS, SUCH AS ASPHALT, ARE AS INDICATED ON THE DRAWING AND HAVE A WASHER STAMPED “WEIHE ENGR 0012” WHERE POSSIBLE. THERE MAY BE 5/8” REBAR WITH RED PLASTIC CAPS STAMPED “TRAVERSE”, WOODEN STAKES, OR SPIKE NAILS FOUND ON OR NEAR THE SUBJECT REAL ESTATE. THESE ARE WORKING POINTS AND SHOULD NOT BE CONFUSED WITH MONUMENTS MARKING THE BOUNDARIES OF THE SUBJECT PROPERTY. MONUMENTS FOUND AT OR NEAR THE DEED CORNERS, OR ALONG THE DEED LINES OF THE SUBJECT REAL ESTATE ARE INDICATED ON THE DRAWING. BECAUSE THE DIFFERENCE IS DEEMED INSIGNIFICANT, MONUMENTS WERE NOT SET IN THOSE CASES WHERE A FOUND MONUMENT WAS NOT IN EXACT AGREEMENT WITH THIS SURVEY, BUT WITHIN THE TOLERANCES REQUIRED FOR A CERTAIN CLASS OF SURVEY. THE DIFFERENCE MAY BE SHOWN ON THE SURVEY TO ACCENTUATE THE UNCERTAINTY OF THAT MONUMENT. IN THOSE CASES WHERE THE DIFFERENCE IS GREATER THAN THE RELATIVE POSITIONAL ACCURACY OR UNCERTAINTY IN CONTROLLING MONUMENTS, CAUTION SHOULD BE EXERCISED BEFORE MAKING ANY IMPROVEMENTS ALONG THE LINES AFFECTED. THOSE UNCERTAINTIES CONSIDERED TO BE SIGNIFICANT ARE DISCUSSED BELOW. THE MONUMENTS ESTABLISHED AT THE CORNERS OF THE SUBJECT REAL ESTATE ARE WITHIN THE ACCEPTABLE RELATIVE POSITIONAL SPECIFICATIONS FOR AN URBAN SURVEY, 0.07 FEET + 50 PPM AS DEFINED IN 865 IAC 1-12-7. THE SUBJECT REAL ESTATE IS LOCATED WITHIN A BLOCK IN A PLATTED SUBDIVISION WHERE ORIGINAL MONUMENTS WERE FOUND AND USED TO ESTABLISH CONTROL. MONUMENTS FOUND: ALUMINUM MONUMENTS WERE FOUND IN THE CENTER LINE OF THE SURROUNDING STREETS AT INTERSECTIONS AND CHANGES IN DIRECTION, THEY WERE REGARDED AS ORIGINAL AND FOUND TO AGREE WITH ONE ANOTHER WITHIN TOLERANCES FOR AN URBAN SURVEY AND ACCEPTED UNLESS DISTURBED OR LABELED OTHERWISE. 5/8-INCH REBAR WITH PLASTIC CAPS STAMPED "SCHNEIDER FIRM 0001" WERE FOUND ALONG THE EAST BOUNDARY OF THE PROPERTY WHERE PARTS OF BLOCK "E" WERE REPLATTED. SCHNEIDER MONUMENTS, CAPPED REBARS AND CUT "X"S WERE ALSO FOUND AT CORNER OF LOTS WITHIN THE CITY HOMES REPLAT. 5/8-INCH REBAR WITH PLASTIC CAPS STAMPED "WEIHE ENGR 0012" AND "MAG" NAILS WITH WASHERS WERE FOUND OR SET AT THE OTHER CORNERS OF THE SURVEYED PROPERTY. THEORY OF LOCATION THE BASIS OF BEARINGS OF THE SURVEY WAS AS SHOWN ON THE RECORD PLAT OF VILLAGE OF WESTCLAY SECTION 3001-A RECORDED IN PLAT CABINET 2, SLIDE 363 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER. STREET CENTERLINE MONUMENTS AND ADJOINING REBARS WERE USED FOR CONTROL. LOCATION OF THE SURVEYED BOUNDARY WAS FOUND USING SAID PLAT AND THE ADJOINING DEEDS. NEARLY ALL DEED LINES, WITH A FEW EXCEPTIONS, RUN PARALLEL OR PERPENDICULAR WITH THE EXTERNAL LINES OF BLOCK "E", WHERE THE BEARINGS DEVIATED FROM THIS, THE DEED BEARING WAS HELD AS THE RECORD DOCUMENT INDICATED. COMMON TITLE LINES INFORMATION REGARDING THE OWNERSHIP OF THE SUBJECT REAL ESTATE OR ADJOINING PARCELS IS THAT AS SHOWN IN LOCAL GOVERNMENT RECORDS, OR AS FURNISHED BY OTHERS. A COMPARISON WAS MADE BETWEEN THE DEED CALLS OF THE SUBJECT REAL ESTATE AND THOSE ADJOINING PARCELS WITH COMMON LINES WITH THE SURVEYED PARCEL AND NO DISCREPANCIES WERE FOUND. TITLE COMMITMENT/EASEMENTS PARCEL 1 THIS SURVEY WAS PREPARED UTILIZING INFORMATION CONTAINED IN HAMILTON NATIONAL TITLE, LLC COMMITMENT IN1804324, DATED MAY 22, 2018, AND REVISED JUNE 5, 2018. SOME OF THE ITEMS DISCLOSED IN SCHEDULE B, PART II OF SAID COMMITMENT HAVE BEEN SHOWN ON THE SURVEY, IF POSSIBLE, AND ARE IDENTIFIED BY THEIR RECORD INFORMATION. IF THERE IS A NEED FOR ADDITIONAL ITEMS TO BE SHOWN ON THE SURVEY. PLEASE ADVISE ME AND PROVIDE THE APPROPRIATE INFORMATION. ITEM 16. EASEMENTS AND BUILDING LINES AS SHOWN ON THE RECORDED PLAT. SHOWN HEREON. ITEM 18. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET OUT IN DECLARATION OF COVENANTS AND RESTRICTIONS DATED AS OF AUGUST 9, 1999, AS INSTRUMENT NO. 199909946964, AS AMENDED BY FIRST AMENDMENT THERETO RECORDED AUGUST 23, 1999, AS INSTRUMENT NO. 199909949854 AND BY SECOND AMENDMENT THERETO RECORDED DECEMBER 13, 1999, AS INSTRUMENT NO. 199909971389, AND BY THIRD AMENDMENT THERETO RECORDED FEBRUARY 7, 2000, AS INSTRUMENT NO. 200000006007, AND BY FORTH AMENDMENT THERETO RECORDED SEPTEMBER 20, 2000, AS INSTRUMENT NO. 200000046940, AND BY FIFTH AMENDMENT THERETO RECORDED DECEMBER 7, 2000, AS INSTRUMENT NO. 20000061135, AND BY SIXTH AMENDMENT THERETO RECORDED JULY 25, 2002, AS INSTRUMENT NO. 200200052497, AND BY SEVENTH AMENDMENT THERETO RECORDED DECEMBER 28, 2005, AS INSTRUMENT NO. 200500083618, AND BY EIGHTH AMENDMENT THERETO RECORDED AUGUST 15, 2006, AS INSTRUMENT 200600047668, AND BY NINTH AMENDMENT THERETO RECORDED APRIL 19, 2007, AS INSTRUMENT NO. 2007021957, AND BY TENTH AMENDMENT THERETO RECORDED JUNE 1, 2007, AS INSTRUMENT NO. 2007030144, AND BY ELEVENTH AMENDMENT THERETO RECORDED DECEMBER 15, 2008, AS INSTRUMENT NO. 2008060715, AND BY TWELFTH AMENDMENT THERETO RECORDED JULY 26, 2010, AS INSTRUMENT NO. 201003373, AND BY THIRTEENTH AMENDMENT THERETO RECORDED SEPTEMBER 9, 2010, AS INSTRUMENT NO. 2010043657, AND BY FOURTEENTH AMENDMENT THERETO RECORDED OCTOBER 24, 2013, AS INSTRUMENT NO. 2013065349, AND BY FIFTEENTH AMENDMENT THERETO RECORDED NOVEMBER 20, 2013, AS INSTRUMENT NO. 2013069862 AND BY THE SIXTEENTH AMENDMENT THERETO RECORDED DECEMBER 17, 2013, AS INSTRUMENT NO. 2013073552, AND FURTHER AMENDED BY DECLARATION OF APPLICABLE DATE RECORDED DECEMBER 31, 2013, AS INSTRUMENT NO. 2013076676, ALL IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. RESTRICTIONS DO NOT PROVIDE FOR FORFEITURE OR REVERSION FOR VIOLATION THEREOF." INST. #199909946964: THE SURVEYED PARCEL IS CONTAINED WITHIN EXHIBIT A, B, & C OF THIS DOCUMENT. INST. #199909949854: NO PLOTTABLE INFORMATION WAS CONTAINED WITHIN IN THIS DOCUMENT. PARCEL 2 THIS SURVEY WAS PREPARED UTILIZING INFORMATION CONTAINED IN MERIDIAN TITLE CORPORATION COMMITMENT 16-26047, DATED JUNE 1, 2016. SOME OF THE ITEMS DISCLOSED IN SCHEDULE BII OF SAID COMMITMENT HAVE BEEN SHOWN ON THE SURVEY, IF POSSIBLE, AND ARE IDENTIFIED BY THEIR RECORD INFORMATION. IF THERE IS A NEED FOR ADDITIONAL ITEMS TO BE SHOWN ON THE SURVEY. PLEASE ADVISE ME AND PROVIDE THE APPROPRIATE INFORMATION. ITEMS 1, 2a-2d, 3a-3c, 3f, 3g, 3h, ARE GENERAL EXCEPTIONS OR ARE NOT SURVEY RELATED AND ARE NOT ADDRESSED HEREIN. ITEM 3d: "COVENANTS, CONDITIONS, RESTRICTIONS AND DEVELOPMENT STANDARDS SET OUT IN COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE RECORDED MAY 13, 1999, AS INSTRUMENT NOS. 9909928950, 9909928951, 9909928952, 9909928953, 9909928954 AND 9909928955, AND IN DECLARATION REGARDING ZONING COMMITMENT S RECORDED OCTOBER 18, 2007, AS INSTRUMENT NO. 2007059841, ALL IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA." INST. #9909928950: DOES NOT AFFECT THE SURVEYED PARCEL. INST. #9909928951: THE SURVEYED PARCEL IS CONTAINED WITHIN TRACT 2 OF THIS DOCUMENT. INST. #9909928952: DOES NOT AFFECT THE SURVEYED PARCEL. INST. #9909928953: THE SURVEYED PARCEL IS CONTAINED WITHIN EXHIBIT "A" OF THIS DOCUMENT. INST. #9909928954: DOES NOT AFFECT THE SURVEYED PARCEL. INST. #9909928955: DOES NOT AFFECT THE SURVEYED PARCEL. ITEM 3e: "PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS AND EASEMENTS FOR THE VILLAGE OF WESTCLAY AS SET FORTH IN DECLARATION OF COVENANTS AND RESTRICTIONS DATED AS OF AUGUST 9, 1999, AS INSTRUMENT NO. 199909946964, AS AMENDED BY FIRST AMENDMENT THERETO RECORDED AUGUST 23, 1999, AS INSTRUMENT NO. 199909949854 AND BY SECOND AMENDMENT THERETO RECORDED DECEMBER 13, 1999, AS INSTRUMENT NO. 199909971389, AND BY THIRD AMENDMENT THERETO RECORDED FEBRUARY 7, 2000, AS INSTRUMENT NO. 200000006007, AND BY FORTH AMENDMENT THERETO RECORDED SEPTEMBER 20, 2000, AS INSTRUMENT NO. 200000046940, AND BY FIFTH AMENDMENT THERETO RECORDED DECEMBER 7, 2000, AS INSTRUMENT NO. 20000061135, AND BY SIXTH AMENDMENT THERETO RECORDED JULY 25, 2002, AS INSTRUMENT NO. 200200052497, AND BY SEVENTH AMENDMENT THERETO RECORDED DECEMBER 28, 2005, AS INSTRUMENT NO. 200500083618, AND BY EIGHTH AMENDMENT THERETO RECORDED AUGUST 15, 2006, AS INSTRUMENT 200600047668, AND BY NINTH AMENDMENT THERETO RECORDED APRIL 19, 2007, AS INSTRUMENT NO. 2007021957, AND BY TENTH AMENDMENT THERETO RECORDED JUNE 1, 2007, AS INSTRUMENT NO. 2007030144, AND BY ELEVENTH AMENDMENT THERETO RECORDED DECEMBER 15, 2008, AS INSTRUMENT NO. 2008060715, AND BY TWELFTH AMENDMENT THERETO RECORDED JULY 26, 2010, AS INSTRUMENT NO. 201003373, AND BY THIRTEENTH AMENDMENT THERETO RECORDED SEPTEMBER 9, 2010, AS INSTRUMENT NO. 2010043657, AND BY FOURTEENTH AMENDMENT THERETO RECORDED OCTOBER 24, 2013, AS INSTRUMENT NO. 2013065349, AND BY FIFTEENTH AMENDMENT THERETO RECORDED NOVEMBER 20, 2013, AS INSTRUMENT NO. 2013069862 AND BY THE SIXTEENTH AMENDMENT THERETO RECORDED DECEMBER 17, 2013, AS INSTRUMENT NO. 2013073552, AND FURTHER AMENDED BY DECLARATION OF APPLICABLE DATE RECORDED DECEMBER 31, 2013, AS INSTRUMENT NO. 2013076676, ALL IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. RESTRICTIONS DO NOT PROVIDE FOR FORFEITURE OR REVERSION FOR VIOLATION THEREOF." INST. #199909946964: THE SURVEYED PARCEL IS CONTAINED WITHIN EXHIBIT A, B, & C OF THIS DOCUMENT. THERE WERE NO PLOTTABLE INFORMATION WAS CONTAINED WITHIN IN THIS DOCUMENT. ITEM 3i: "ADDITIONAL PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS AND EASEMENTS FOR THE VILLAGE CENTER, THE VILLAGE OF WESTCLAY RECORDED DECEMBER 3, 1999 AS INSTRUMENT NO. 9969688, AS AMENDED BY FIRST AMENDMENT THERETO RECORDED JULY 25, 2002, AS INSTRUMENT NO. 200200052496, AND BY SECOND AMENDMENT THERETO RECORDED AUGUST 18, 2005, AS INSTRUMENT NO. 200500053668, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. RESTRICTIONS DO NOT PROVIDE FOR FORFEITURE OR REVISION FOR VIOLATION THEREOF." INST. #9969688: THE SURVEYED PARCEL IS CONTAINED WITHIN EXHIBIT A OF THIS DOCUMENT. #200200052496: NO PLOTTABLE INFORMATION CONTAINED WITHIN THIS DOCUMENT. INST. #200500053668: NO PLOTTABLE INFORMATION IS CONTAINED WITHIN THIS DOCUMENT. ITEM 3j: "EASEMENT AND ASSOCIATED RIGHTS GRANTED TO HELEN M. WELLS BY BRENWICK TND COMMUNITIES, LLC, AN INDIANA LIMITED LIABILITY COMPANY IN AN INSTRUMENT DATED NOVEMBER 18, 2002 AND RECORDED NOVEMBER 27, 2002 IN INSTRUMENT NO. 200200091302 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA." INST. #200200091302: THE EASEMENT IS LOCATED ±60 FEET SOUTH OF THE SOUTH LINE OF PARCEL 10. IT DOES NOT AFFECT THE SURVEYED PARCELS. ITEM 3k:"NON-ENFORCEMENT OF DRAINAGE EASEMENT ON INDIVIDUAL TRACTS, RECORDED FEBRUARY 27, 2007, IN INSTRUMENT NO. 2007010829, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA." INST. #2007010829: NO PLOTTABLE INFORMATION CONTAINED WITHIN THIS DOCUMENT. ITEM 3l:"EASEMENT AND ASSOCIATED RIGHTS GRANTED TO HELEN M. WELLS BY BRENWICK TND COMMUNITIES, LLC, AN INDIANA LIMITED LIABILITY COMPANY IN AN INSTRUMENT DATED AUGUST 22, 2003 AND RECORDED SEPTEMBER 10, 2003 IN INSTRUMENT NO. 200300092636, WHICH WAS AMENDED BY FIRST AMENDMENT TO DECLARATION AND GRANT OF GENERAL UTILITY EASEMENT, DATED OCTOBER 30, 2006, AND RECORDED DECEMBER 19, 2006, IN INSTRUMENT NO. 2006074815, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA." INST. #200300092636: AS SHOWN ON SURVEY, THE EASEMENT ADJOINS THE SOUTH LINE OF THE SURVEYED PARCEL 10. INST. #2006074815: AS SHOWN ON SURVEY, THE EASEMENT CROSSES A SMALL PORTION OF THE SOUTHEAST CORNER OF SURVEYED PARCEL 10. ITEM 3m:"EASEMENT AND ASSOCIATED RIGHTS GRANTED TO CLAY TOWNSHIP REGIONAL WASTE DISTRICT AND ALL OTHER PUBLIC AND PRIVATE UTILITY COMPANIES BY BRENWICK TND COMMUNITIES, LLC, AN INDIANAN LIMITED LIABILITY COMPANY IN AN INSTRUMENT DATED NOVEMBER 13, 2007 AND RECORDED NOVEMBER 13, 2007 IN INSTRUMENT NO. 2007063611 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA." INST. #2007063611: NEAR SURVEYED PARCELS AS SHOWN. THE CENTERLINE OF THE SANITARY EASEMENT IS ±15 FEET SOUTH OF THE SOUTH LINE OF PARCEL 15 AND ±10 FEET EAST OF THE EAST LINE OF PARCELS 10 - 12. ITEM 3n:"BUILDING LINES AND EASEMENTS AS EVIDENCED ON THE PLAT RECORDED DECEMBER 3, 1999, IN PLAT CABINET 2, SLIDE 363, AS INSTRUMENT NO. 199909969687, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA." INST. #199909969687: AFFECTS THE SURVEYED PARCELS AS SHOWN. THE DRAINAGE AND UTILITY EASEMENT CROSSES THE FRONT 5 FEET OF PARCELS 10, 11 ,12, & 15. GENERAL NOTES PER HAMILTON COUNTY GIS, THE VILLAGE OF WESTCLAY LEGAL DRAIN IS WITHIN 75 FEET OF THE SURVEYED PARCEL. HOWEVER A NON-ENFORCEMENT OF DRAINAGE EASEMENT IN SUBDIVISIONS WAS RECORDED AS INSTRUMENT NO. 2002044505 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER. NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE AS TO THE ACCURACY 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 UNDERGROUND UTILITIES, FLOOD HAZARD ZONES, FLOODWAY ZONES, WETLANDS, RECORDING INFORMATION, ZONING, AND REGULATED DRAINS. IN NO EVENT WILL WEIHE ENGINEERS, INC., ITS EMPLOYEES, AGENTS, AND / OR ASSIGNS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE FURNISHING AND / OR USE OF SUCH INFORMATION. AS USED IN THIS SURVEY, CERTIFY MEANS TO STATE OR DECLARE A PROFESSIONAL OPINION OF CONDITIONS REGARDING THOSE FACTS OR FINDING WHICH ARE THE SUBJECT OF THE CERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED, INTERPRETATIONS ARE NOT A PART OF ANY CERTIFICATION. ALL MONUMENTS FOUND IN THE PERFORMANCE OF THIS SURVEY WERE FOUND FLUSH WITH THE EXISTING GROUND UNLESS OTHERWISE NOTED, AND THE AGE AND ORIGIN OF SAID FOUND MONUMENTS ARE UNKNOWN UNLESS OTHERWISE NOTED. THE LOCATIONS OF ALL EXISTING UNDERGROUND UTILITIES SHOWN ON THIS SURVEY ARE BASED UPON ABOVE GROUND EVIDENCE (INCLUDING, BUT NOT LIMITED TO, MANHOLES, INLETS, VALVES, AND/OR MARKS MADE UPON THE GROUND BY OTHER) AND ARE SPECULATIVE IN NATURE. THERE MAY ALSO BE OTHER EXISTING UNDERGROUND UTILITIES FOR WHICH THERE IS NO ABOVE GROUND EVIDENCE OR FOR WHICH NO ABOVE GROUND EVIDENCE WAS OBSERVED. THE EXACT LOCATIONS OF SAID EXISTING UNDERGROUND UTILITIES SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO ANY AND ALL CONSTRUCTION OF PLANNED IMPROVEMENTS ON OR NEAR THE PROPERTY. CERTIFICATE OF SURVEY ALTA/NSPS LAND TITLE SURVEY To: DB KLAIN CONSTRUCTION, LLC; HAMILTON NATIONAL TITLE, LLC; MERIDIAN TITLE CORPORATION: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5, 7(A), 7(B) (1), 8, 9, 10, 11(A) AND 13 OF TABLE A THEREOF. I FURTHER CERTIFY THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, INFORMATION, AND BELIEF, THE HEREIN SURVEY MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS AS SET FORTH IN 865 IAC 1-12-7, AND THE WITHIN PLAT AND REPORT REPRESENTS THE RESULTS OF AN URBAN SURVEY, AS DEFINED THEREIN. THE FIELDWORK WAS COMPLETED UNDER MY DIRECT SUPERVISION ON JULY 24, 2020. _______________________________ NORMAN H. HISELMAN JULY 30, 2020 REVISED DECEMBER 10, 2020 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. Norman H. Hiselman, PS and; This instrument was prepared by Norman H. Hiselman, PS of Weihe Engineers, Inc.