HomeMy WebLinkAboutC15 ALTAofReference #:PREPARED FOR:11/28/21add structure information1DATEREV. DESC.REV. #VICINITY MAP - NOT TO SCALEDate Plotted:Drawn By:Approved By:Date of Last Field Work:ALTA / NSPS LAND TITLE SURVEY10920 N MICHIGAN RD, ZIONSVILLE, IN 460771.147 ACRES±ALTA / NSPS LANDTITLE SURVEY22Sheet Number :Project Number:DRAWING LEGEND123456789101112131415ABCDEFGHIJKLPROJECT LOCATED IN:Formerly SEA Group494 Gradle Drive Carmel, Indiana 46032Phone: 317.844.3333 Fax: 317.844.3383infocarmel@v3co.com V3co.comSurveyors - Scientists - Engineers210437BCRHMS8/12/202111/4/202119483-814SITEOBERWEIS DAIRY, INC.951 ICE CREAM DRIVENORTH AURORA, IL 60542CLAY TOWNSHIP, HAMILTON COUNTYSECTION 6 - TOWNSHIP 17 NORTH - RANGE 3 EASTCertificate of Land SurveyThis Land Survey, prepared by V3 Companies, is hereby certified to the following.To: TOGI RE I, LLC, an Illinois limited liability company; EIG14T Land in Carmel LLC, a Michigan limited liability company; FirstAmerican Title Insurance Company:This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 MinimumStandard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, andincludes Items 1, 2, 3, 4, 7(a), 7(b)(1), 8, 9, 11 and 13 of Table A thereof. The fieldwork was completed on August 12, 2021.Date of Plat or Map: November 4, 2021____________________________Brian C. RismillerRegistered Land Surveyor of the State of IndianaRegistration Number LS20200083Land DescriptionPart of the Southwest Quarter of Section 6, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana,described as follows:Commencing at the Northwest corner of said Southwest Quarter of said Section 6; thence South 00 degrees 23 minutes 46seconds West along the West line of said Southwest Quarter, 654.42 feet to the Southwest corner of 20170011576 asrecorded in the Office of the Recorder of Hamilton County; thence North 85 degrees 57 minutes 21 seconds East along theSouth line of said Instrument, 342.74 feet to the West right of way line of U.S. 421 as recorded in Instrument Number200000007274; thence South 11 degrees 46 minutes 03 seconds East along said West right of way line, 152.17 feet to thepoint of beginning: thence continuing South 11 degrees 46 minutes 03 seconds East along said West right of way, 1.48 feet;thence South 13 degrees 12 minutes 49 seconds East along said West right of way, 121.42 feet; thence North 89 degrees 36minutes 03 seconds West 402.66 feet to a point on aforesaid West line; thence North 00 degrees 23 minutes 46 seconds Eastalong said West line 161.59 feet; thence South 89 degrees 36 minutes 14 seconds East 56.00 feet to a non-tangential curve tothe right having a radius of 20.00 feet and being subtended by a long chord bearing North 45 degrees 24 minutes 00 secondsEast a chord distance of 28.28 feet; thence Northeasterly along said curve an arc distance of 31.42 feet; thence South 89degrees 36 minutes 14 seconds East 1.24 feet to a curve to the right having a radius of 118.00 feet and being subtended by along chord bearing South 82 degrees 03 minutes 29 seconds East a chord distance of 30.99 feet; thence Southeasterly alongsaid curve an arc distance of 31.08 feet; thence South 74 degrees 30 minutes 38 seconds East 150.83 feet to a curve to theleft having a radius of 182.00 feet and being subtended by a long chord bearing South 88 degrees 57 minutes 35 seconds Easta chord distance of 90.83 feet; thence Southeasterly along said curve an arc distance of 91.79 feet; thence South 58 degrees24 minutes 21 seconds East 34.33 feet to the point of beginning, containing 1.355 acres, more or less.EXCEPTING THEREFROM:INST. #202106820856 Feet by parallel lines off the entire West side of the land described in Instrument Number 2020076360 in the Office of theRecorder of Hamilton County, Indiana, containing 0.21 acres, more or less.Land Surveyor's ReportIn direct accordance with the laws governing the State of Indiana, of the United States of America, and following Title 865 StateBoard of Registration for Land Surveyors, Article 1, General Provisions, Rule 12, Land Surveying; Competent Practice, of theIndiana Administrative Code (IAC), the following beliefs, opinions, observations, conclusions, and information are herebysubmitted for record. The degree of precision and accuracy necessary for a survey shall be based upon the intended use ofthe real estate. If the client does not provide information regarding the intended use, the classification of the survey shall bebased on the current use of the real estate. The surveyed premises shown hereon are classified as an Urban Survey, havingan acceptable relative positional accuracy of 0.07 feet plus 50 parts per million.The purpose of this project was to perform and prepare a Retracement Survey on the real estate that has been describedhereon, under direction and instructions from the client.Relative positional accuracy (RPA) means the value expressed in feet or meters that represents the uncertainty due to randomerrors in measurements in the location of any point on a survey relative to any other point on the same survey at the ninety-fivepercent (95%) confidence level. There may be unwritten rights associated with these uncertainties. The amount of uncertaintycreated by any discrepancies in the lines of occupation is equal to that discrepancy itself and in situations where thatuncertainty is less than that of the appropriate RPA, it may have been considered negligible and gone unnoted. Unlessotherwise noted or shown on the within survey plat, there is no evidence of occupation along the perimeter lines of the subjectreal estate.This plat of survey accurately shows the location of all visible improvements, unless noted otherwise, on the premises as of thedate of last field work for this project. Also shown are all lines of occupation and their relationship to the established lines ofthe subject real estate. A more accurate explanation of these relationships and how they were determined is described withinthis report. Unless otherwise illustrated hereon, there is no evidence of occupation along the exterior perimeter of the subjectreal estate.This plat of survey accurately shows the position of easements, highways, rights of way, restrictions, covenants or otherencumbrances of which the Surveyor was informed of. Land Surveyor's within the State of Indiana are not qualified to performthe extensive searches needed to acquire all of those documents or agreements, and they rely upon a Title Company, theclient, the client's attorney, or the land owner to provide such information. Observable evidence of these burdens are shownhereon as utility lines or associated improvements, drains, swales, roadways, driveways, paths, etcetera.Land Survey Markers, or monuments, were either set or found at all corners of the subject real estate, as shown and notedhereon. In situations where the corner is inaccessible or it would not be reasonable to set a monument at a corner, due toterrain or other hindrances, offset monuments may have been set instead, and those have been annotated hereon as well.There may be differences of deed (D) dimensions versus measured (M) dimensions along the established lines of the subjectreal estate and likewise, there may be found survey markers near, but not precisely at, some established corners. In caseswhere the extent of these differences are less than the stated RPA, and less than the uncertainty recognized with regard to anyreference monuments used for this project, those differences may be considered insignificant and have been shown only forthe purposes of mathematical closure. Conversely, any differences that may exceed the stated RPA and other uncertaintiesare considered significant and have been discussed further below.The Theory of Location applied for this project is as follows:The basis of bearings for this project is the West line of the Southwest Quarter of Section 6, Township 17 North, Range 3 Eastwith a deed bearing of South 00 degrees 23 minutes 46 seconds West. The northwest corner and southwest corner of section6 were located per previous surveys performed by SEA Group which were used in conjunction with the Harrison found at thenorthwest corner of the southwest quarter of said section 6 found during this survey. There were some differences in distancesfound which may indicate a corner has been reset. The Harrison found during this survey and a Weihe rebar found at thesubject deed’s northeast corner were held for this survey. This seemed to create the best fit for all monument recovered.It is this Land Surveyor's professional opinion that the cause and the amount of uncertainty in these lines and corners is due tothe following:(A)Availability and condition of reference monuments-A Harrison monument was found and held at the northwest corner of the southwest quarter of section 6, township 17north, range 3 east.-A Weihe capped rebar was found at the northeast parent deed corner and was held.-The amount of uncertainty created by the controlling monuments and any other monuments shown hereon is equal to1.6 feet, more or less.(B)Occupation or possession lines-During a physical inspection of the premises, no discrepancies in these lines were found.(C)Clarity or ambiguity of the record descriptions:-Some of the deed lead-ins differed which may be due to a reset section corner. The intent of the deeds were to have nogaps or overlaps, evidenced by having the same controlling calls.-No gaps or overlaps in title or deed lines were discovered during this survey.(D)The relative positional accuracy of the measurements-This survey meets or exceeds the requirements set forth by the State of Indiana.Land Surveyor's NotesAny underground utilities depicted on the attached plat of survey have been located per visual observations or utility markingson the ground. No warranty, either expressed or implied, is made as to the accuracy and/or completeness of informationpresented on underground utilities, or as to its fitness for any particular purpose or use. In no event will V3 Companies, itsemployees, agents, and/or assigns, be held liable for any damages arising out of the furnishing and/or use of such information.The path of the utility lines shown on said plat of survey should be considered approximate until they are either relocated, bycalling the Indiana Underground Plant Protection Agency at 1-800-382-5544 or until they are excavated to verify the locationand path of the utility lines.No warranty, either expressed or implied, is made as to the accuracy and/or completeness of information provided bygovernmental authorities and/or third parties, or as to its fitness for any particular purpose or use, including but not limited toinformation presented on zoning, setback requirements, flood hazard zones and wetlands area(s). In no event will V3Companies, its employees, agents, and/or assigns, be liable for any damages arising out of the furnishing and/or use of suchinformation.Any depiction of possible intrusion, trespass, invasion, and/or possible encroachment into the possessions or rights of anotheris not a matter of survey. An attorney and/or title company should be consulted in all matters with respect to any rights ofpossession(s) and matters of title.Along any line where a deed gap or overlap or inconsistency in line of occupation occurs, unwritten rights may be available tothe subject and/or the adjoining real estates.Flood Information NoteFlood status information was obtained using Flood Insurance Rate Maps (FIRM) provided by the United States Department ofHomeland Security, Federal Emergency Management Agency (FEMA), on their website, located at http://msc.fema.gov/.The Subject Real Estate described hereon was mathematically calculated and scaled on the FIRM Maps of Hamilton County,Indiana, Map Number 18057C0205G, dated November 19, 2014, and was found to be located in Flood Zone X, being withinCommunity Panel Number 180081.The accuracy of any flood hazard data shown on this Land Survey is subject to map scale uncertainty and to any otheruncertainty in location or elevation on the referenced Flood Insurance Rate Map. This certification is restricted to a review ofthe FIRM noted above and shall not be construed as a confirmation or denial of flooding potential.Title Insurance Company Commitment NoteEvidence of source of title for the subject tract was provided by First American Title Insurance Company, having a TitleCommitment Number of 931990 and is dated effective May 18, 2021 at 8:00 AM. Survey-related exceptions that weredisclosed within Schedule B of said title commitment have been depicted on the survey, each being identified by their recordingdata.Notes on those survey related exceptions with regard to the Subject Real Estate:13. Terms and Provisions of Special Warranty Deed, recorded March 12, 2019, as Instrument Number 2019008648, in theOffice of the Recorder of Hamilton County, Indiana. [Blanket]14. Terms and Provisions of Limited Warranty Deed, recorded August 26, 2020, as Instrument Number 2020058113, in theOffice of the Recorder of Hamilton County, Indiana. [Blanket]15. Terms and Provisions of Limited Warranty Deed, recorded October 23, 2020, as Instrument Number 2020076360, in theOffice of the Recorder of Hamilton County, Indiana. [Blanket]16. Terms and Provisions of a Declaration of Covenants and Restrictions and Grant of Easements recorded October 23, 2019,as Instrument No. 2019053002, in the Office of the Recorder of Hamilton County, Indiana. [Easements shown hereon]17. Easement in favor of: Duke Energy Indiana, LLC; Type of easement: Telecommunication Lines and Incidental Purposes;Recorded: May 6, 2019; Instrument No.: 2019018084. Subject to the terms and conditions thereof. [Approximate locationshown hereon]18. Temporary Access Easement Agreement by and between Aria Land JV, LLC and Aria Zionsville, LLC for providing accessto and from Michigan Road, recorded March 12, 2019 as Instrument 2019008771 and the terms and provisions containedtherein. [Shown hereon]19. Terms, conditions and provisions of Ordinance No. C-263 entitled Common Council of the City of Carmel, Indiana,Annexing Certain Territory to the City of Carmel, Indiana, placing the same within the corporate boundaries thereof and makingthe same a part of the City of Carmel recorded November 5, 2007 as document 2007062553. [Affects, blanket in nature]Current ownership for the Subject and Adjoining real estates are shown per County Assessor records, and any documentslisted hereon can be obtained from the County Recorder's Office.State Of Indiana Required Statements For RecordationI affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in thisdocument, unless required by law, Brian C. Rismiller.This document was prepared by Brian C. Rismiller.SEA Gro
u
p
,
La
n
d
Su
r
v
e
yo
r
s PRO FORMA