HomeMy WebLinkAboutAlta Land Title SurveyEEEEEEEEEEEEEEEEEEEEEEEEEEEE
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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.