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Instrument No. 200200040041
SW Corner
Danbury Estates
LAND DESCRIPTION OF SURVEYED TRACT
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VACATED LOT 30
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Board of Commissioners of
Hamilton County, Indiana
LOT 33
Instrument No.
200100042192
\N 880,51' 23" E
VACATED LOT 32
Board Commissioners
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Hamilton County, Indiana
Instrument No.
199909967747
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West face of wall is 0.2'East
of corner of Parcel*5
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S 88*51'23" W
10.99,
78,301
Grant of Permanent Right' of Way
VACATED LOT 31
to City of Carmel
Instrument No. 200100053280
Board of Commissioners of
Hamilton County, Indiana
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Instrument No. 19990996774
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Instrument
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Cross -hatched areas may be subject
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platted riqht-of-wav of Danbury Estates.
See Surveyor's Report Item B
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Part 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 said 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 10 minutes 51 seconds West 75.46 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
1487.00 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 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 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 an arc distance of 914.16 feet to the
Point of Beginning 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 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; thence South 00 degrees 45 minutes 53 seconds East along the West line of
said Danbury Estates 381.42 feet (381.70 feet -plat) to the Southwest corner thereof; thence
South 89 degrees 15 minutes 32 seconds West along the North line of the South Half of the
said Northwest Quarter 375.42 feet to the aforesaid Easterly permanent right of way line for
State Highway Number 431 (the next two courses are along said right of way); 1) thence
North 46 degrees 28 minutes 09 seconds West 42.36 feet (43.22 feet -deed) to a non -tangent
curve having a radius of 5624.60 feet, the radius point of which bears North 66 degrees 13
minutes 40 seconds East; thence Northwesterly along said curve an 'arc distance of 277.57
feet to the point of beginning, containing 3.748 acres, more or less.
/ 11 /1 Grant of Permanent Right of Way
to City of Carmel
Instrument No. 200100053280
I
S 89-03 , 16 " W
10.00'
West face of wall is 1.4' East
of southeast corner of Parcel 5
PARCEL 2
Part of the South 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 Northwest corner of the South Half of the sold Northwest Quarter, which
lies South 00 degrees 09 minutes 32 seconds East (bearings based on NAD83 State Plane
Coord in ates- East Zone) 1320.84 feet from the Northwest corner of the sold Northwest Quarter
Section; thence North 89 degrees 15 minutes 32 seconds East along the North line of the said
South Half 609.82 feet to the Point of Beginning which lies on the Easterly limited access
right of way line for State Highway Number 431 per plans for Project S-165 (14) and further
described in Condemnation proceedings in the Hamilton County Circuit Court Cause No. 61-
668; thence continuing North 89 degrees 15 minutes 32 seconds East along the sold North
line 577.17 feet; thence South 00 degrees 10 minutes 51 seconds West 144.80 feet to a non -
tangent curve having a radius of 278.87 feet, the radius point of which bears North 67 degrees
12 minutes 27 seconds West; 3) thence Southwesterly, Westerly and Northwesterly along
said curve 630.33 feet to a point which bears South 62 degrees 17 minutes 54 seconds East
from said radius point, said point lies on the aforesaid Easterly limited access right of way line
(the next two courses are along said right of way): 1) thence North 24 degrees 51 minutes 15
seconds West 72.38 feet to a curve having a radius of 5671.60 feet, the radius point of which
bears North 65 degrees 06 minutes 51 seconds East; 2) thence Northwesterly along said curve
an arc distance of 102,38 feet (101.7 feet -deed) to the Point of Beginning which bears South
66 degrees 08 minutes 54 seconds West from said radius point, containing 3.227 acres, more
or less.
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 said 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 rfaht of way line of 146th Street;
thence South 89 degrees 05 minutes 16 seconds West along the sold South right of way line
1487.00 feet to the Easterly permanent right of way fine for State Highway Number 431 per
plans for Project S-165 (14) and further described in Condemnation proceedings in the
Hamilton County Circuit/Superior Court Cause No. 61-626 (the next five 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 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 an arc distance of 1914.16 feet to the
Point of Beginning which bears South 69 degrees 03 minutes 19 seconds West from said
radius point; 4) thence continuing Southeasterly along sold curve an arc distance of 277.57
feet to a point which bears South 66 degrees 13 minutes 40 seconds West from said radius
point; 5) thence South 46 degrees 28 minutes 09 seconds East 42,36 feet (43.22 feet -deed) to
the South line of said North Half; thence South 89 degrees 15 minutes 32 seconds West along
the South line of said North Half 68.81 feet (69-16 feet -deed) to the Easterly line for Limited
Access right of way per said plans and cause number and the point of curvature of a non -
tangent 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 292.04 feet to a point which bears South
69 degrees 03 minutes 19 seconds West from sold radius point; thence North 69 degrees 03
minutes 19 seconds East 47.00 feet to the point of beginning, containing 0.331 acres, more or
less.
INNINNIM
A part of Danbury Estates, Section 1, an addition located in Clay Township, Hamilton
County, Indiana, the plot of which is recorded as Instrument No. 9429324 in the Office of the
Recorder of Hamilton County, indTana, and described as follows:
Beginning at the Northwest corner of said addition; thence North 89 degrees 14 minutes 07
seconds East 139.24 feet along the north line of said addition; thence South 00 degrees 10
minutes 51 seconds West 381.53 feet to the south line of sold addition; thence South 89
degrees 15 minutes 32 seconds West 132.94 feet along said south line to the Southwest corner
of said addition; thence North 00 degrees 45 minutes 53 seconds West 381.42 feet (381.70
feet Plat) along the west line of said addition to the point of beginning of this description, and
containing 1.192 acres, more or less.
PARCEL 5
A part of Danbury Estates, Section 1, an addition located in Clay Township, Hamilton
County, Indiana, the plot of which is recorded as Instrument No. 9429324 in the Office of the
Recorder of Hamilton County, Indiana, and described as follows -
Beginning at a point on the south line of said addition being located North 89 degrees 03
minutes 16 seconds East 279.60 feet from the southwest corner of said addition; thence North
02 degrees 27 minutes 20 seconds West 135.49 feet to the north line of Lot 24 in said
addition; thence North 02 degrees 26 minutes 47 seconds West 50.02 feet to the south line of
Lot 31 in said addition; thence North 02 degrees 26 minutes 47 seconds West 78.30 feet;
thence North 88 degrees 51 minutes 23 seconds East 11.26 feet; thence North 00 degrees 56
minutes 44 seconds West 117.95 feet to the north line of said addition; thence North 89
degrees 03 minutes 16 seconds East 10.00 feet along said north line; thence South 00 degrees
56 minutes 44 seconds East 127-92 feet; thence South 88 degrees 51 minutes 23 seconds
West 10.99 feet, thence South 02 degrees 27 minutes 02 seconds East 68.33 feet to the south
line of sold Lot 31; thence South 02 degrees 26 minutes 47 seconds East 50.02 feet to the
north line of said Lot 24; thence South 02 degrees 27 minutes 20 seconds East 135.49 feet to
the south line of sold addition; thence South 89 degrees 03 minutes 16 seconds West 10.00
feet along said south line to the point of beginning and containing 0.0,90 acres, more or less.
= =0=100-ho "00
In accordance with 865 IAC 1-12-1 et seq., the following observatfons and
opinions are submitted regarding the causes and the amounts of uncertainty in the
locations of the lines and corners found or established during this survey cis a result of:
A. availability and condition of reference monuments,
B. occupation or possession lines,
C. clarity or ambiguity of the record descriptions for the site and its adjoiners, and
D.1 the theoretical uncertainty of measurements.
A. Monuments were found and set as noted on the attached drawing. The northwest
corner of the Northwest Quarter of Section 19 was not found and was
reestablished from a survey performed by American Consulting along 146th Street
from other found section corners from sold survey. Discrepancy in the location of
this reestablished corner is estimated to be 0.2 feet, Maximum discrepancy in
monuments found along the perimeter of the site is 0,3 feet. At the clients request,
loth were set in lieu of permanent monuments on the boundary of Parcel 5.
B. The Plot Vacation recorded as Instrument No. 200200037547 vacated Lots 24
through 32 of Danbury Estates. The platted right of way of Dublin Drive and
Durham Drive were not vacated by said Instrument. Absent any evidence of
vacation of said right of way, the cross hatched areas shown on the attached
drawing may still be subject to utility and highway rights established by the Plat
of sold Danbury Estates.
C. The record descriptions for the site and its adjoiners were obtained from the
Office of the Recorder of Hamilton County (the latest research date was May 11,
2004). The record descriptions for the odjoiners were mathematically retraced to
disclose any gaps and/or overlaps between the boundary lines of the site and its
adjolners. The following observations are made as a result of this retracement:
A 1.44 foot discrepancy exists in the second course of the descriptions for Parcels
1 and 3 due to a different bearing given for this line. A scrivener's error
apparently exists in the deed description for sold Parcel 1; the bearing "South 00
degrees 10 minutes 51 seconds West" should read "South 00 degrees 54 minutes
44 seconds East".
A discrepancy exists in the curve data along the eastern right-of-way line of State
Road 431 given in the descriptions for Parcel 2 and Parcel 3. Sold curve was
established by right-of-way grants for S-Project 165 (14) which indicate a single
curve was intended through the limits of said Parcels. The bearing and distances
from the endpoints of the curve to the radius point of said curve in said
descriptions lead to different positions for the radius point of this curve which
differ by 4.8 feet. This appears to be a calculations error on the part of the creator
of these descriptions and results in a maximum positional error of 0.07 feet in the
west line of said Parcel 2 and 3.
All five parcel descriptions border on the south line of the North Half of the
Northwest Quarter of Section 19. The deed pos Ition of this line varles from its
calculated position by this survey by 0.08 foot at the east line of Parcel 2 to 0.18
feet at the west line of sold Parcel 2. No gaps or overlaps between the subject
parcels are created by this discrepancy.
D. The theoretical uncertainty (due to random errors in measurement) of the corners
of the site established during this survey is within the specifications for a class C
(0.50 feet) survey as defined in 865 IAC 1-12-7 and 865 IAC 1-12-8.
As a result of the above observations, it is my opinion that the uncertainties in the
locations of the lines and corners established during this survey are as follows:
Due to variances in reference monuments� See Item A above;
Due to inconsistencies in lines of occupation: See Item B above;
Due to discrepancies in the record descriptions: 1.44 feet; and
Due to random errors in meosurement� 0,50 feet,
This ALTA/ACSM LAND TITLE SURVEY was done without benefit of and may not
reflect all facts revealed in a current title commitment.
This plot of an ALTA/ACSM LAND TITLE SURVEY represents a survey made under
my supervision and in compliance with "Rule 12' of TITLE 865 of the INDIANA
ADMINISTRATIVE CODE (establishes minimum standards for the competent practice
of land surveying) and the MINIMUM STANDARD DETAIL REQUIREMENTS and
CLASSIFICATIONS for ALTA/ACSM LAND TITLE SURVEYS (a copy of which
is attached hereto and is hereby made a part hereof) with corners established as shown
and is true and correct to the best of my knowledge.
To Kite Greyhound, LLC, an Indiana limited liability company
This is to certify that this map or plat and the survey on which it is based were made in
accordance with "Minimum Standard Detail Requirements for ALTA/ACSM Land Title
Surveys," jointly established and adopted by ALTA, ACSM and NSPS in 1999, and
includes Items 1, 2, 3, 4, 6, 8, 9, 10, 11 and 13 of Table A thereof. Pursuant to the
Accuracy Standards as adopted by ALTA, NSPS and ACSM and in effect on the date of
this certification, undersigned further certifies that the Positional Uncertainties resulting
from the survey measurements made on the survey do not exceed the allowable Positional
Tolerance.
This document is not valid unless impr" ted with a land surveyors seal.
J o h,# 14. Hood
P,1516"fessional Land Surveyor No. 20200017
D'ate: June 9, 2004
This plot was prepared under the direction of John N. Hood
Note: This plat of an ALTA/ACSM LAND TITLE SURVEY represents the conditions
at the date of latest field activity.
Date of latest field activity: May 19, 2004
Note: Flood Insurance Rate Map having Community -Panel Number 18057CO226 F
(effective Date February 19, 2003) of the National Flood Insurance Program indicates that
part of this site is within Zone 'Y' (areas determined to be outside of the 500-year
floodplain). A portion of this site is shown to be within Zone "AE" (special flood hazard
area inundated by 100-year flood where the base flood elevations have been determined).
The map elevations are shown to be in the elevation range of 814 to 815. A topographic
survey done by American Consulting shows this area to be in the elevation range of 818
to 822.
Basis of Bearing System: The North line of the Northwest Quarter of Section 19,
Township 18 North, Range 4 East was assumed to have a bearing of South 89 degrees 05
minutes 16 seconds West, which was based on the NAD 83 State Plane Coordinate
System, East Zone.
Owner of record: (Parcel 1) Kite Greyhound, LLC (Instrument #200200040040)
(Parcel 2) Kite Greyhound, LLC (Instrument #20020DO40040)
(Parcel 3) Kite Greyhound, LLC (Instrument #200200040039)
(Parcel 4) Kite Greyhound, LLC (Instrument #200200040041)
(Parcel 5) Kite Greyhound, LLC (Instrument #200200040041)
Mailing address: unknown
Note: The locations of any underground utilities shown on this plat are based upon above
ground eviden ce,�in cl u ding, but not limited to, manholes, inlets, and marks made on the
ground by other and are speculative in nature. There may be underground utilities for
which there is no above evidence or for which the above ground evidence was not
observed (i.e. buried or paved over).
Note: There are no buildings on this site.
Note: As used in this survey, the word certify (certified, certification, and/or certificate)
shall be interpreted as meaning a profession opinion regarding the conditions of those
facts and/or findings which are the subject of the certification and does not constitute a
warranty or guarantee, either express or implied.
Note: See COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF
REAL ESTATE by Kite, LLC, and Bayview Development Company, Inc., recorded July
28, 2000, as Instrument No. 2000-36990 for items affecting this site.
Note: See EASEMENT AGREEMENT (drainage) for Terms and provisions by Kite
Greyhound, LLC, Bayview Development Company, Inc., and Lowe's Home
Improvement Centers, Inc., dated July 24, 2000 and recorded July 28, 2000 as Instrument
Number 2000-37001, and re -recorded December 1, 2000 as Instrument Number 2000-
59986. The Road Parcel Easement Area as described in Exhibit A-2 of this document
now falls within the Right -of -Way of the 146th Street Romp as granted to Hamilton
County in Instrument Number 200200040038. It would appear that this easement is still
appurtenant to the site and the terms and provisions would still apply. This easement is
shown on the plot of survey.
Note: See EASEMENT AGREEMENT (road) for terms and provisions by Kite
Greyhound, LLC, Lowe's Home Centers, Inc., and Bayview Development Company, Inc.,
dated July 24, 2000 and recorded July 28, 2000 as Instrument Number 20OD-37002. This
agreement states that the Grantor will construct a Temporary Access Road for the benefit
of Lowes and Bayview. This easement will terminate when the Grantor convey this
property to Hamilton County for Road purposes. The grantor has conveyed this property
to Hamilton County in Instrument Number 200200040038 and therefore the easement
would be terminated.
Note: See EASEMENT AGREEMENT (sewer) for terms and provisions by Kite
Greyhound, LLC, Bayview Development Company, Inc., and Lowe's Home Centers, Inc.
dated July 24, 2000, and recorded July 28, 2000 as Instrument Number 2000-37005 for a
20-foot wide sewer easement. This easement is shown on the plot of survey.
Note: A water line and a sanitary sewer line which may serve other properties are located
on Parcel 4 and may have been intended to be covered by the Declaration of Easements
recorded as Instrument No. 200000037006. The status of the easements created by said
Declaration is uncertain, see the discussion of this Instrument in the Note below.
Note: See Declaration Easements, Covenants, Conditions and restrictions by Bayview
Development Company, Inc., and Lowe's HOM e Centers, Inc., dated July 24, 2000,
recorded July 28, 2000, as Instrument 2000-37006. This Document established certain
easements that benefit the subject tract and the north adjoiner Lowe's Home Centers, Inc.
A water line easement on said Lowe's tract benefiting the subject tract is shown on the
attached drawing. It appears the said Instrument intended to create a 60 foot utility
easement and 20 foot sanitary sewer easement on subject Parcel 4 to benefit the Lowe's
Tract. At the time the Instrument was recorded, Parcel 4 was owned by Hamilton County
which was not a party to said Declaration. These easements are labeled "possible
easement" on the attached drawing. Their locations are approximate; land descriptions
were not provided in said Declaration, the easements being shown on a greatly reduced
site plan.
An Access Easement was also established on said Lowe's Tract benefiting Parcels 1, 2,
3. This easement is also shown in a greatly reduced scale on a site plan in said Document
and cannot be accurately plotted (its approximate location is shown on the attached
drawing). This easement provides access to two curb cuts to the 146th Street ramp to State
Road 431 on Lowe's Site. An easement for Detention was also created to benefit Parcels
1, 2, & 3 covering detention area located on the Lowe's Store Parcel and a detention pond
located north of Danbury Estates and east of the 146th Street ramp.
Note: See TAXPAYER AGREEMENT AND CONSENT TO REAL PROPERTY -11 AX
LIEN by and between Kite Greyhound, LLC, Hamilton County Redevelopment
Commission, and the Board of Commissioners of Hamilton County, Indiana, dated May
15, 2002, and recorded June 4, 2002, as Instrument No. 200200040042 for an Agreement
to, and among other thing, issue bonds to pay the costs of a road and bridge conveying
one way traffic from northbound Keystone Avenue to the entrance of a retail project
being constructed by the Taxpayer, and a two way street north of said entrance, in order to
promote the development of such area; provided that the developer cause adequate real
estate and right of way to be dedicated to the County for construction of the Project, and
the landowner executes a tax covenant guaranteeing the tax increment necessary to pay
the debt service on the Bonds to be issued to finance the Project.
PREPARED FOR:
ALTA/ACSM LAND TITLE SURVEY PREPARED FOR
GREYHOUND COMMONS I KITE GREYHOUND, LLC