HomeMy WebLinkAboutLand SurveyLEGAL DESCRIPTION
Limited Warranty Deed
Tomahawk Holding LLC
Instrument No. 2019059216
Parcel No. 16-09-25-16-06-007.000
The East Half of the following described real estate: Part of the East Half of the Southeast
Quarter of Section 25, Township 18 North, Range 3 East, beginning 560.44 feet South and 468
feet East of the Northwest corner of said East Half; thence South 132 feet; West 132 feet;
North 132 feet; and East 132 feet to the place of beginning, being Lots 1 and 2 in Frank M.
Hawkins Addition to the City of Carmel.
ALSO a vacated alley 25 feet East of and adjacent to said property as set out in Vacation of
Public Way recorded April 22, 1994 as Instrument Number 9419040, EXCEPT that portion of the
land conveyed to City of Carmel, Indiana in Warranty Deed recorded January 18, 2018 as
Document No. 2018002345.
TITLE COMMITMENT NOTES
No title commitment for the subject real estate or adjoining parcels was provided; therefore,
items such as easements or other exceptions commonly found in title commitments or policies,
which may or may not affect the property, are not shown. Should additional information be
required to be shown on the survey, please advise and provide the appropriate documents.
LINES OF OCCUPATION
Occupation means some observable improvement either man made or a natural barrier
manipulated by man to delineate the boundary line. It should be noted that not all fences are
erected to define boundary lines and caution is warranted before accepting this type of barrier
as such. One should also be aware that when these types of occupation are not in agreement
with deed lines certain unwritten rights may exists over the land between them. Those parties
relying on the survey should assume that the uncertainty of ownership of these areas where
occupation lines and deed lines are not in coincidence is, at least, equal to the magnitude of
the difference. Unless otherwise noted or shown on the survey, there is no visible evidence of
occupation (possession) along the deed lines of the subject real estate.
BASIS OF BEARING
The basis of bearing for this survey is an assumed East along the centerline of 2nd Street SW
and should be used for reference only. Whereas the true control of the survey is the street
alignment and the angular relationship built from those street alignments.
UTILITY NOTE
The locations of utilities shown hereon are based on above ground structures and/or locations
as marked by others. No excavations were made during the progress of this survey to locate
buried utilities/structures. AXIS Surveying encourages the use of the Indiana Underground Plant
Protection Services, IUPPS, a.k.a. "Holey Moley." Their services are available by telephone at
1-800-382-5544 or through the Internet at www.iupps.org.
ZONING NOTE
According to the City of Carmel Zoning Maps for Hamilton County, Indiana, the subject real
estate is in an area designated as having a R-2 zoning. There may be a need for an
interpretation of certain restrictions and requirements that can only be given by the Zoning
Administrator. A surveyor cannot make a certification on the basis of an interpretation or
opinion of another party. Set back requirements for R-2 zoning can be variable, transitional,
and subject to legal interpretation; therefore, setback lines are not depicted on the survey.
GENERAL NOTES
Table A Item Notes:
Item 16 — There is no evidence of earth moving, building construction, or building additions on
the subject tract.
Item 17 — There is no visible evidence of recent street or sidewalk construction or repairs, nor
proposed changes in street right of way lines.
Item 18 — There has been no field delineation of wetlands conducted by a qualified specialist
hired by the client, thus no markers have been observed nor shown on the survey. There is
no wetlands on the surveyed property based on information obtained from the National Wetland
Inventory website which is maintained by the U.S. Fish and Wildlife Service.
http://www.fws.gov/wetlands/Data/Mcipper.html)
SURVEYORS CERTIFICATE
Certificate of Survey
ALTA/NSPS Land Title Survey
To: Hammer Heads, LLC:
This is to certify that this map or plat and the survey on which it is based were made in
accordance with the "Minimum Standard Detail Requirements for ALTA/NSPS Land Title
Surveys," jointly established and adopted by ALTA and NSPS in 2016, and includes Items 1,
2, 3, 4, 7(a), 7(b)(1), 8, 9, 10, and 11(a) of Table A thereof. Pursuant to the Accuracy
Standards as adopted by ALTA and NSPS and in effect on the date of this certification,
undersigned further certifies that in my professional opinion, as a land surveyor registered
in the State of Indiana, the Relative Positional Accuracy of this survey does not exceed
that which is specified therein.
I further certify that to the best of my professional knowledge, information, and belief, the
within plat represents the results of a Suburban Survey, as defined in 865 AC 1-12-7,
completed, in the field, under my direct supervision on January 11, 2021.
Professional Land Surveyor #S0510
January 13, 2020
SURVEYORS REPORT
The planimetric data was gathered using 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 (found and set) record documents, and the
deed lines as established by this survey, and as introduced by probable random errors in the
measurements made due to the instrumentation and techniques employed (relative positional
accuracy). The survey may show differences between the deed (D) or plat (P) dimensions and
the measured (M) dimensions along the deed lines. There may be differences between lines of
occupation (possession) and the deed lines as shown on this survey.
Monuments were set or found flush with the surface, unless otherwise noted during the course
of this survey. There may be 5/8" rebar with orange plastic caps stamped "REFERENCE
POINT" found on or near the subject real estate. These are working points and not to be
confused as 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. 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 the survey, because
the difference is deemed insignificant. The difference may be shown on the survey to
accentuate the uncertainty of that corner. 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 at the corners of the subject real estate established this survey are within the
acceptable relative positional specifications for a Suburban Survey, 0.13 feet + 100 ppm as
defined in 865 IAC 1-12-7.
The purpose of this survey was to retrace and monument the boundary of the tract of land
described in the above "Description". A corrected legal survey is recommended accompanied
by a new modern legal description.
The subject property is described as a metes and bounds description (said description type
described in more detail below). This metes and bounds description was supposed to follow
and encompass Lots 1 & 2 in Frank M. Hawkins addition to the Town of Carmel. This
addition does not appear to have any recording information attached to it so as to review the
originating document. It is assumed by other additions in the Town of Carmel and in the
some vicinity to consist of lots measuring 66 feet (1 chain) by 132 feet (2 chains). The
metes and bounds description should adhere to the placement of these lots whereas these lots
have been placed from street alignment and monuments found in the field. This determination
of Lot placement is in agreement with physical evidence found in the field along occupation
lines. That evidence being building face location and alignment and location of fences along
property lines. Using lot locations based off of monuments in field and street alignment
which some streets have been improved since original addition) results in discrepancies with
the metes and bounds descriptions laid out hereon. Since the original intent was to be a
description around the lots the way said original lots were laid out should be used. There also
appears to be conflicting information in regards to the section monuments used. Hamilton
County has been in the process of updating many of the section corner monumentation and
has come across many record versus title corners which may be the case on this project as
well. Said differences in section corner monumentations is discussed more in detail at the end
of this report.
The subject real estate is described by metes and bounds. These types of descriptions make
calls", which are references to record, natural or artificial monuments at the corners; and
record, natural or cultural boundary lines. The most common method is to recite the direction
and length of each line as one would walk around the perimeter of the property. The following
paragraphs are observations relative to those controlling monuments and calls as referenced in
the description.
The following are the monuments found or re—established marking the corners common to the
Southeast Quarter of Section 25, Township 18 North, Range 3 East.
North Corner —Mag nail found per Hamilton County Surveyor's Office Corner Record tie sheet.
Northeast Corner — Section corner established per ties on the Hamilton County Surveyor's
Office Corner Record tie sheet.
Southeast Corner — Harrison monument found per Hamilton County Surveyor's Office Corner
Record tie sheet.
The subject real estate is located within a block in a platted subdivision where no original
monuments were found and where there has been very little surveying activity by others. In
this situation it is common practice to establish the rights of ways of streets surrounding the
block in which the lot is located by locating the physical center lines of those streets and
applying the full right of way widths as shown on the plat. The distances measured between
rights of ways lines were compared with the dimensions of the lots within the block and if
excesses or deficiencies were found between the two, the differences were prorated amongst all
of the lots within the block.
The subject real estate is described as Lot 1 in Frank M. Hawkins Addition with a 25' vacated
alley to the east of said lot EXCEPT that right of way conveyed to the City of Carmel. The
street alignment of 2nd Street SW and Monon Boulevard was used for the alignment of the
lots and the placement was determined by monuments found at the southwest corners of Lots
1 & 2 of Frank M. Hawkins Addition.
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 the following discrepancies were found.
There were multiple differences in the location of Section Corners and the legals described
from these corners to establish the Monon Trail. The greatest one is the distances between
the northeast and southeast corners described hereon. In the field the distance between the
two corners measures 2,620.08 feet whereas when described from the EXCEPTION document for
right of way taking for the Monon trail it was supposed to measure a distance of 2641.77
feet (2080.78 + 560.99). This leads me to believe that a record versus title corner may be
in play.
FLOOD ZONE NOTE
The accuracy of the flood hazard data shown on this report is subject to map scale
uncertainty and to any other uncertainty in location or elevation on the referenced Flood
Insurance Rate Map. According to the Federal Emergency Management Agency Flood Insurance
Rate Map for the City of Carmel, Hamilton County, Map Numberr 18057CO207G dated November
19, 2014, the described real estate lies within the Unshaded Zone ' X," which area is
determined to be outside 500—year floodplain, by graphic plotting only. No field surveying was
performed to determine this zone and an elevation certificate may be needed to verify this
determination or apply for a variance from the federal management Agency.
PARKING =COUNTREGULARSPACESHANDICAPSPACESTOTALSPACES
LAND AREA
0.24 ACRES
10,399 SQUARE FEET
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Indiana ALTAINSPS
LAND TITLE
SURVEY PROJECT
LOCATED IN: SOUTHEAST
QUARTER OF
SECTION 25 TOWNSHIP
18 NORTH RANGE
3 EAST CLAY
TOWNSHIP HAMILTON
COUNTY PREPARED
FOR: Hammer
Heads, LLC 19149
Prairie Crossing Dr Noblesville,
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PROJECT
NUMBER 1-
23968 SHEET
1
of 1