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HomeMy WebLinkAboutSPP010.1 - ALTA-NSPS LAND TITLE SURVEY2 2ENGINEERS317 | 846 - 6611800 | 452 - 6408317 | 843 - 0546 faxWEIHELand Surveying | Civil EngineeringLandscape ArchitectureALLAN H. WEIHE, P.E., L.S. - FOUNDER10505 N. College AvenueIndianapolis, Indiana 46280weihe.netBuild with confidence.SM© 2023 WEIHE ENGINEERS, INC.10 9abcd 8 7 6efgh109876 REVISIONS AND ISSUES5 4 3 2 1 PREPARED FOR:PROJECT NO. SHEET NO.abcd5 4 3 2 CHECKED BY:DRAWN BY:FIELD BY:DWG NAME:PROJECT NO.:DATEBYeDATE:1 fhOF gW240017 STLADW240017STL 4/11/2024JETT, JDSECTION 6, TOWNSHIP 17 NORTH , RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA.EVERWISE CREDIT UNION 10920N. MICHIGAN ROADALTA/NSPS LAND TITLE SURVEYW240017STLsv.dwgLAND DESCRIPTION PER INSTRUMENT NUMBER 2023008980 PART 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 46 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 654.42 FEET TO THE SOUTHWEST CORNER OF 20170011576 AS RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY; THENCE NORTH 85 DEGREES 57 MINUTES 21 SECONDS EAST ALONG THE SOUTH LINE OF SAID INSTRUMENT, 342.74 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. 421 AS RECORDED IN INSTRUMENT NUMBER 200000007274; THENCE SOUTH 11 DEGREES 46 MINUTES 03 SECONDS EAST ALONG SAID WEST RIGHT OF WAY LINE, 152.17 FEET TO THE POINT 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 36 MINUTES 03 SECONDS WEST 402.66 FEET TO A POINT ON AFORESAID WEST LINE; THENCE NORTH 00 DEGREES 23 MINUTES 46 SECONDS EAST ALONG SAID WEST LINE 161.59 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 14 SECONDS EAST 56.00 FEET TO A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND BEING SUBTENDED BY A LONG CHORD BEARING NORTH 45 DEGREES 24 MINUTES 00 SECONDS EAST A CHORD DISTANCE OF 28.28 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEET; THENCE SOUTH 89 DEGREES 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 A LONG CHORD BEARING SOUTH 82 DEGREES 03 MINUTES 29 SECONDS EAST A CHORD DISTANCE OF 30.99 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 31.08 FEET; THENCE SOUTH 74 DEGREES 30 MINUTES 38 SECONDS EAST 150.83 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 182.00 FEET AND BEING SUBTENDED BY A LONG CHORD BEARING SOUTH 88 DEGREES 57 MINUTES 35 SECONDS EAST A CHORD DISTANCE OF 90.83 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 91.79 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 21 SECONDS EAST 34.33 FEET TO THE POINT OF BEGINNING, CONTAINING 1.355 ACRES, MORE OR LESS. SURVEYOR'S REPORT CLIENT NAME:EVERWISE CREDIT UNION PROJECT NUMBER:W240017 STL TYPE OF SURVEY:RETRACEMENT SURVEY MEETING THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS FIELDWORK COMPLETED:03/29/2024 LOCATION OF SURVEY:10920 N. MICHIGAN ROAD, ZIONSVILLE, INDIANA 46077 CURRENT OWNER OF RECORD:ZIONSVILLE ICE CREAM, LLC - INSTRUMENT #2023008980 IN ACCORDANCE WITH TITLE 865, ARTICLE 1, CHAPTER 12 OF THE INDIANA ADMINISTRATIVE CODE ("RULE 12"), THE FOLLOWING OBSERVATIONS, OPINIONS, AND COMMENTS ARE DECLARED REGARDING THE VARIOUS UNCERTAINTIES IN THE LOCATIONS OF LINES AND CORNERS FOUND OR RETRACED THIS SURVEY AS A RESULT OF THE UNCERTAINTIES IN REFERENCE MONUMENTATION; IN RECORD DESCRIPTION AND PLATS; IN LINES OF OCCUPATION; AND AS INTRODUCED BY RANDOM ERRORS IN MEASUREMENTS ("RELATIVE POSITIONAL PRECISION"). THERE MAY BE UNWRITTEN RIGHTS ASSOCIATED WITH THESE UNCERTAINTIES. THE CLIENT SHOULD ASSUME THERE IS AN AMOUNT OF UNCERTAINTY ALONG ANY TITLE LINE EQUAL IN MAGNITUDE TO THE DISCREPANCY IN THE LOCATION OF THE LINES OF POSSESSION FROM THE SURVEYED LINES. THE PURPOSE OF THIS SURVEY WAS TO PERFORM AN ALTA/NSPS LAND TITLE SURVEY OF THE PARCEL OWNED BY ZIONSVILLE ICE CREAM, LLC AND RECORDED AS INST. #2023008980 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. A NEW DESCRIPTION WAS PREPARED FOR THE SURVEYED PROPERTY IN ORDER TO CLARIFY AMBIGUITIES IN THE RECORD DESCRIPTION. THE CURRENT DESCRIPTION OF RECORD DESCRIBES THE PORTION OF REED ROAD CONVEYED TO THE CITY OF CARMEL PER INST. #2021068208. INFORMATION AND DATA USED TO PERFORM THIS SURVEY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: THE DEEDS AND/OR PLATS OF THE SUBJECT PROPERTY AND ADJOINING PROPERTIES, REFERENCE SURVEYS COMPLETED BY THE UNDERSIGNED AND OTHERS IN THE VICINITY OF THE SURVEYED PROPERTY AND MONUMENTS AND PHYSICAL EVIDENCE FOUND AS SHOWN ON THE PLAT OF THE SURVEY. REFERENCE DOCUMENTS RECOVERED, ANALYZED AND USED IN THIS SURVEY INCLUDED THE FOLLOWING: AN UNRECORDED SURVEY PERFORMED WEIHE ENGINEERS, CERTIFIED BY JOSEPH TRTAN, DATED MARCH 13, 2019, AND HAVING A PROJECT NUMBER OF W180791. (HEREAFTER REFERRED TO AS THE TRTAN SURVEY) AN UNRECORDED SURVEY PERFORMED BY V3, CERTIFIED BY BRIAN C. RISMILLER, LAST REVISED JANUARY 24, 2022, HAVING A PROJECT NUMBER OF 19483.814 VP01.2 (HEREAFTER REFERRED TO AS THE RISMILLER SURVEY) AN UNRECORDED SURVEY PERFORMED BY V3, CERTIFIED BY BRIAN C. RISMILLER, LAST REVISED MARCH 17, 2023, HAVING A PROJECT NUMBER OF 210437. (HEREAFTER REFERRED TO AS THE V3 SURVEY). A SURVEY PERFORMED BY BEAM, LONGEST, AND NEFF, LLC, CERTIFIED BY DUSTIN K. BALLARD, DATED JULY 13, 2012, AND RECORDED AS INSTRUMENT NUMBER 2012044643 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. (HEREAFTER REFERRED TO AS THE BLN SURVEY). A SURVEY PERFORMED BY FOREFRONT SURVEYING AND ENGINEERING, CERTIFIED BY JOSEPH TRTAN, DATED FEBRUARY 9, 2023, AND RECORDED AS INSTRUMENT NUMBER 2023007122 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. (HEREAFTER REFERRED TO AS THE FOREFRONT SURVEY). A SURVEY PERFORMED BY WEIHE ENGINEERS, CERTIFIED BY BRADY KUHN, DATED JUNE 23, 2017, AND RECORDED AS INSTRUMENT NUMBER 2017034030 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. (HEREAFTER REFERRED TO AS KUHN SURVEY). SECTION CORNER TIE SHEETS AND OTHER INFORMATION OBTAINED FROM THE HAMILTON COUNTY SURVEYOR'S OFFICE (HCSO) AND BOONE COUNTY SURVEYOR'S OFFICE (BCSO). THE BASIS OF BEARINGS FOR THIS PLAT OF SURVEY IS THE USE OF A STATE PLANE GRID SYSTEM DERIVED FROM THE EAST ZONE OF THE INDIANA STATE PLANE COORDINATE SYSTEM (1301 IN EAST ZONE - N.A.D. 1983), 2011 ADJUSTMENT AS DETERMINED BY RTK GPS MEASUREMENTS UTILIZING TRIMBLE'S VRSNOW RTK NETWORK. ALL MEASUREMENTS SHOWN ON THIS SURVEY ARE DERIVED FROM GRID COORDINATES AND HAVE US SURVEY FOOT UNITS. THERE MAY BE DIFFERENCES OF RECORD (R) OR PLATTED (P) DIMENSIONS VERSUS MEASURED (M) DIMENSIONS ALONG THE SURVEYED LINES SHOWN HEREON AND, LIKEWISE, SURVEY MARKERS MAY BE FOUND NEAR, BUT NOT PRECISELY AT, SOME TITLE CORNERS. IN CASES WHERE THE MAGNITUDE OF THIS DIFFERENCE IS LESS THAN THE RELATIVE POSITIONAL PRECISION (STATED BELOW) AND/OR LESS THAN THE UNCERTAINTY IDENTIFIED FOR THE REFERENCE MONUMENTATION (DISCUSSED BELOW), THE DIFFERENCE MAY BE CONSIDERED INSIGNIFICANT AND IS SHOWN ONLY FOR THE PURPOSES OF MATHEMATICAL CLOSURE. SUCH DIFFERENCES THAT ARE GREATER THAN THE RELATIVE POSITIONAL PRECISION AND/OR THE UNCERTAINTY IN REFERENCE MONUMENTATION SHALL BE CONSIDERED WORTHY OF NOTICE AND ARE THEREFORE DISCUSSED FURTHER BELOW. MEASUREMENTS (RELATIVE POSITIONAL PRECISION) THE RELATIVE POSITIONAL PRECISION (DUE TO RANDOM ERRORS IN MEASUREMENT) OF THE CORNERS OF THE SUBJECT TRACT ESTABLISHED THIS SURVEY IS WITHIN THE SPECIFICATION FOR AN URBAN SURVEY (+/- 0.07 FEET + 50 PARTS PER MILLION) AS DEFINED IN IAC 865. AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS THE LOCATION OF THE LINES AND CORNERS OF THE SUBJECT TRACT ARE DEPENDENT UPON THE GEOMETRIC DATA SHOWN AND THE MONUMENTS FOUND, ACCEPTED, AND/OR LOCATED WITH THIS SURVEY. THOSE MONUMENTS SHOWN WITH NO VARIATION WERE FOUND TO BE WITHIN 0.3 FEET OF THE COMPUTED POSITION AND IT IS THE UNDERSIGNED'S OPINION THAT THEIR VARIATIONS DO NOT NEED TO BE ADDRESSED. USPLS- RECOVERED SECTION CORNERS NE COR., SE 1/4, SEC. 1-T17N-R2E A HARRISON MONUMENT FOUND AS A PART OF THE KUHN SURVEY. THERE IS NO TIE SHEET FROM THE HAMILTON COUNTY SURVEYOR FOR THIS CORNER. ACCORDING TO THE BOONE COUNTY SURVEYOR, THIS MONUMENT IS THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH, RANGE 2 EAST. THIS APPEARS TO BE THE SAME CORNER USED IN WRITING DESCRIPTIONS OVER THE PAST 4 YEARS AND CALLED AS THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST, THOUGH THE TWO CORNERS ARE LIKELY NOT THE SAME. THE TRTAN SURVEY SHOWS A DIFFERENCE BETWEEN THE RECORD VERSUS MEASURED DIMENSION ALONG THE COMMENCING LINE OF 17.7 FEET. THIS MAY BE THE DIFFERENCE IN THE LOCATION OF THE TWO CORNERS (WEST QUARTER CORNER OF SEC. 6 VERSUS THE EAST QUARTER CORNER OF SECTION 1). BASED UPON THIS EVIDENCE THE MONUMENT WAS HELD AS THE CORNER TO ESTABLISH THE TOWNSHIP LINE AND HELD AS THE POINT OF COMMENCEMENT. THE ESTIMATED UNCERTAINTY FOR THIS CORNER IS 17.7 FEET. SE COR., SE 1/4, SEC. 1-T17N-R2E A HARRISON MONUMENT FOUND AS A PART OF THE KUHN SURVEY PER BOONE COUNTY SURVEYOR'S OFFICE SECTION CORNER TIES. THERE IS NO TIE SHEET FROM THE HAMILTON COUNTY SURVEYOR FOR THIS CORNER. BASED UPON THIS EVIDENCE THE MONUMENT WAS HELD AS THE CORNER. THE ESTIMATED UNCERTAINTY FOR THIS CORNER IS 0.6 FEET. OTHER MONUMENTS AND CORNERS MULTIPLE REBARS WITH SEA GROUP CAPS WERE FOUND AROUND THE SUBJECT PARCEL. THE V3 SURVEY NOTES THAT THE SURVEY COMPANY WAS FORMERLY KNOWN AS SEA GROUP. THE V3 SURVEY DOES NOT NOTE CORNERS WERE SET AROUND THE SUBJECT PARCEL. HOWEVER, THE SEA GROUP REBARS CLOSELY MATCH THE POSITION OF THE V3 SURVEY AND RECORD DIMENSIONS. THUS, THE REBARS WERE USED TO RETRACE THE SUBJECT PARCEL. A MAG NAIL WAS FOUND AT THE SOUTHWEST CORNER OF THE PARCEL. THE FOREFRONT SURVEY NOTES A MAG NAIL AT THIS CORNER. THE POSITION OF THE NAIL CLOSELY MATCHED THE SEA GROUP REBARS AND WAS THUS HELD. THREE REBARS WITH TRAVERSE CAPS WERE FOUND AROUND THE PARCEL SOUTH OF THE SOUTH ADJOINER. TYPICALLY, TRAVERSE CAPS REPRESENT WORKING POINTS AND SHOULD NOT BE CONFUSED WITH MONUMENTS MARKING PARCEL LINES. HOWEVER, THESE REBARS CLOSELY MATCHED RECORD DIMENSIONS IN AGREEMENT WITH THE SEA GROUP REBARS. THE ORIGIN OF THESE REBARS IS UNKNOWN. ALTHOUGH THE FOREFRONT SURVEY IS A RETRACEMENT OF THIS PARCEL, THIS SURVEY DOES NOT NOTE REBARS FOUND OR SET AT THESE CORNERS. A REBAR WITH A WEIHE CAP WAS FOUND AS SHOWN ON THE FACE OF THE SURVEY. THIS REBAR IS SHOWN ON THE TRTAN SURVEY IN AGREEMENT WITH THE SEA GROUP REBARS. A REBAR WITH A BLN CAP WAS FOUND 0.6 FEET NORTH OF A COMMENCING CORNER AS SHOWN ON THE FACE OF THE SURVEY. THE BLN SURVEY NOTES AN IRON PIPE AT THIS CORNER. THE TRTAN SURVEY ALSO SHOWS AN IRON PIPE AT THIS CORNER IN AGREEMENT WITH THE POSITION OF THE COMMENCING CORNER AS SHOWN THIS SURVEY. THE LOCATION OF THE PIPE ALSO CLOSELY MATCHED THE POSITION OF AN EXISTING FENCE LINE LOCATED AS A PART OF THE TRTAN SURVEY. THE FENCE IS REFERENCED AS THE CONTROLLING CALL OF THE PRIOR PARENT PARCEL AS DESCRIBED IN INSTRUMENT NUMBER 200600024491. THE AREA WAS THOROUGHLY SEARCHED BUT THE PIPE COULD NOT BE FOUND. THUS, THE POSITION OF THE PIPE WAS HELD WITH AN ESTIMATED UNCERTAINTY OF 0.6 FEET. ALL ADDITIONAL MONUMENTS SHOWN ON THE PLAT OF SURVEY WERE FOUND WITHOUT ANY REFERENCE TO THEIR ORIGIN AND WERE NOT HELD THIS SURVEY. ALL MONUMENTS FOUND WERE FOUND FLUSH WITH THE GROUND SURFACE UNLESS OTHERWISE NOTED. THEORY OF LOCATION MULTIPLE MONUMENTS FOUND THIS SURVEY WERE USED TO RETRACE THE PARCEL LINES IN AGREEMENT WITH RECORD BEARINGS AND DIMENSIONS. THE DESCRIPTION OF THE SUBJECT PARCEL DESCRIBES THE PORTION OF REED ROAD CONVEYED TO THE CITY OF CARMEL PER INSTRUMENT NUMBER 2021068208 IN FEE SIMPLE FROM EIG14T LAND IN CARMEL LLC. EIG14T LAND IN CARMEL LLC ACQUIRED TITLE TO THE SUBJECT PARCEL PER INSTRUMENT NUMBER 2020076360 AND CONVEYED THE SUBJECT PARCEL PER INSTRUMENT 2022014306. THE RIGHT OF WAY FOR REED ROAD WAS CONVEYED PRIOR TO THE CONVEYANCE OF THE SUBJECT PARCEL. THUS, THE WEST LINE OF THE SUBJECT PARCEL WAS RETRACED ALONG THE EAST RIGHT OF WAY LINE OF REED ROAD. OCCUPATION OR POSSESSION LINES OCCUPATION MEANS SOME OBSERVABLE IMPROVEMENT EITHER MAN MADE, OR A NATURAL BARRIER MANIPULATED BY MAN TO DELINEATE THE PROPERTY LINE. IT SHOULD BE NOTED THAT NOT ALL FENCES ARE ERECTED TO DEFINE PROPERTY LINES AND CAUTION IS WARRANTED BEFORE ACCEPTING THIS TYPE OF BARRIER AS SUCH. ONE SHOULD ALSO BE AWARE THAT WHEN OCCUPATION LINES ARE NOT IN AGREEMENT WITH DEED LINES CERTAIN UNWRITTEN RIGHTS MAY EXIST 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. COMMON ACCESS DRIVE WITH PARKING EXISTS ALONG THE SOUTH LINE OF THE PROPERTY. THE IMPROVEMENTS OF REED ROAD, WESTON POINTE DRIVE, AND MICHIGAN ROAD EXIST NEAR THE OTHER LINES AS SHOWN. SEE PLAT OF SURVEY FOR MORE INFORMATION. CLARITY AND/OR AMBIGUITY OF THE RECORD DESCRIPTIONS NO DEED GAPS OR OVERLAPS WERE FOUND WITH THE SURVEYED PROPERTY AND THE LINES OF THE ADJOINERS. THERE IS UNCERTAINTY IN THE LOCATION OF THE COMMENCING CORNER AND THE COMMENCING DIMENSIONS THEREFROM DUE TO THE LOCATION OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 6 AS DISCUSSED IN THE AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS SECTION OF THIS REPORT. ALSO, THE CURRENT DESCRIPTION OF THE SURVEYED PROPERTY INCLUDES AREA THAT WAS PREVIOUSLY CONVEYED TO THE CITY OF CARMEL BY INSTRUMENT NUMBER 2021068208. THE UNCERTAINTIES OF THE SURVEY ARE SUMMARIZED AS FOLLOWS: AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS: 17.7 FEET OCCUPATION OR POSSESSION LINES: SEE ABOVE REGARDING COMMON ACCESS DRIVE AND PARKING CLARITY OR AMBIGUITY OF RECORD DESCRIPTIONS AND/OR ADJOINING DESCRIPTIONS: 17.7 FEET THE ADDRESS OF THE SURVEYED PROPERTY WAS FOUND TO BE 10920 N. MICHIGAN ROAD, ZIONSVILLE, INDIANA 46077 PER HAMILTON COUNTY GIS. THE ACCURACY OF THE FLOOD HAZARD DATA SHOWN ON THIS SURVEY 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 OF HAMILTON COUNTY, INDIANA, MAP #18057C0205G DATED 11/19/2014, THE SURVEYED PROPERTY LIES WITHIN THE UNSHADED ZONE "X”, WHICH ARE AREAS DETERMINED TO BE OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAIN (OUTSIDE THE SPECIAL FLOOD HAZARD AREA). TOTAL SURVEYED AREA: 1.15 ACRES +/-. NO BUILDINGS WERE OBSERVED ON THE SURVEYED PROPERTY WHILE CONDUCTING THE FIELDWORK FOR THIS SURVEY. CURB CUTS ALONG REED ROAD WERE FOUND INDICATING PHYSICAL ACCESS TO A PUBLIC WAY. NO CLEARLY IDENTIFIABLE PARKING SPACES ON SURFACE PARKING AREAS, LOTS, OR IN PARKING STRUCTURES WERE OBSERVED ON THE SURVEYED PROPERTY WHILE CONDUCTING THE FIELDWORK FOR THIS SURVEY. EVIDENCE OF SOURCE OF TITLE FOR THE SURVEY PROPERTY IS BASED UPON FIRST AMERICAN TITLE INSURANCE COMPANY, COMMITMENT FOR TITLE INSURANCE HAVING COMMITMENT NO. 4054-242402 AND AN EFFECTIVE DATE OF FEBRUARY 5, 2024. THE FOLLOWING NOTES ARE KEYED TO THE SPECIAL EXCEPTIONS IN SCHEDULE B - SECTION II OF THE COMMITMENT FOR TITLE INSURANCE: ITEMS 1-8, 14, 19, AND 21-24 ARE NOT SURVEY MATTERS, ARE GENERAL IN NATURE, OR DO NOT PERTAIN TO THE SUBJECT PARCEL, AND NO COMMENT IS MADE AS PART OF THIS SURVEY. ITEM 9 - SEWER EASEMENT GRANTED TO THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT, A REGIONAL SEWER DISTRICT, RECORDED DECEMBER 26, 1995, AS INSTRUMENT NO. 9509566240. -THIS ITEM IS SHOWN ON THE PLAT OF SURVEY PER ITS GEOMETRY SPECIFIED IN THE DOCUMENT. THE EASEMENT DOES NOT CROSS OR ADJOIN THE SURVEYED PROPERTY AND LIES WITHIN THE RIGHT-OF-WAY OF MICHIGAN ROAD. ITEM 10 - PERPETUAL HIGHWAY EASEMENT GRANTED TO THE STATE OF INDIANA, RECORDED NOVEMBER 8, 2005, AS INSTRUMENT NO. 200500073534. -A SMALL PORTION OF THIS EASEMENT CROSSES THE NORTHEAST CORNER OF THE SUBJECT PARCEL. THERE APPEAR TO BE ERRONEOUS COMMENCING COURSES. THE EASEMENT WAS PLOTTED PER STATION AND OFFSETS SET FORTH IN THE DOCUMENT. ITEM 11 - ACCESS EASEMENT AGREEMENT BY AND BETWEEN ARIA LAND JV, LLC, AN INDIANA LIMITED LIABILITY COMPANY AND ARIA ZIONSVILLE, LLC, AN INDIANA, LIMITED LIABILITY COMPANY, RECORDED MARCH 12, 2019, AS INSTRUMENT NO. 2019008771. -THIS ITEM APPEARS TO HAVE BEEN TERMINATED PER ITS TERMS DISCUSSED IN DOCUMENT (ITEM 5) AS WESTON POINTE DRIVE WAS DEDICATED AS A PUBLIC RIGHT OF WAY PER INSTRUMENT NUMBER 20210068196. ITEM 12 - GRANT OF EASEMENT TO DUKE ENERGY INDIANA, LLC, AN INDIANA LIMITED LIABILITY COMPANY, RECORDED MAY 6, 2019, AS INSTRUMENT NO. 2019018084. -THE APPROXIMATE LOCATION OF THIS EASEMENT CROSSES THE SURVEYED PARCEL AS SHOWN ON THE PLAT OF SURVEY. THE CENTERLINE OF THE EASEMENT IS THE CENTER OF THE UTILITY INSTALLED. THE CENTERLINE OF THE EASEMENT WAS DETERMINED AS MARKED BY INDIANA811. ITEM 13 - COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER PROVISIONS BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN AS CONTAINED IN DECLARATION OF COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS RECORDED AS 2019053002. -THE SUBJECT PARCEL IS DESCRIBED WITH THE DESCRIPTION OF THE RETAIL TRACT. THE EASEMENTS FOR THE MAIN DRIVE AND THE NORTH-SOUTH DRIVE APPEAR TO HAVE BEEN TERMINATED PER 4.1.2 IN SAID DOCUMENT AS THESE AREAS HAVE BEEN DEDICATED AS PUBLIC RIGHT OF WAY. THERE IS A PARKING DRIVE EASEMENT THAT IS BLANKET IN NATURE OVER ALL DRIVES AND PARKING LOTS. THE EXHIBIT FOR THE DRAINAGE EASEMENT IS ILLEGIBLE AND IS NOT SHOWN ON THE PLAT OF SURVEY. ITEM 15 - DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY GRANTED TO THE CITY OF CARMEL, INDIANA, AN INDIANA MUNICIPAL CORPORATION, RECORDED SEPTEMBER 20, 2021, AS INSTRUMENT NO. 2021068196. -THIS ITEM IS SHOWN ON THE PLAT OF SURVEY PER ITS GEOMETRY SPECIFIED IN THE DOCUMENT AND ADJOINS THE NORTH LINE OF THE SURVEYED PARCEL. ITEM 16 - DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY GRANTED TO THE CITY OF CARMEL, INDIANA, AN INDIANA MUNICIPAL CORPORATION, RECORDED SEPTEMBER 20, 2021, AS INSTRUMENT NO. 2021068208. -THIS ITEM IS SHOWN ON THE PLAT OF SURVEY PER ITS GEOMETRY SPECIFIED IN THE DOCUMENT. THIS AREA IS CURRENTLY PART OF THE SUBJECT PARCEL DEED, BUT WAS NOT INCLUDED FOR THIS SURVEY. ITEM 17 - TERMS, CONDITIONS AND PROVISIONS CONTAINED IN AN ACCESS EASEMENT AGREEMENT RECORDED MARCH 16, 2022, AS INSTRUMENT NO. 2022013568. -THE APPROXIMATE LOCATION OF THE ACCESS EASEMENT AND EMERGENCY TURNAROUND EASEMENT CROSS THE SURVEYED PARCEL AS SHOWN ON THE PLAT OF SURVEY AS GENERALLY SHOWN IN EXHIBITS C AND D IN THIS DOCUMENT. ITEM 18 - TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF DRIVE THROUGH APPROVAL, RECORDED MARCH 21, 2022, AS INSTRUMENT NO. 2022014305. -DESCRIPTION IN DOCUMENT DESCRIBES SURVEYED PARCEL. ITEM 20 - COVENANTS, CONDITIONS, RESTRICTIONS AND OTHER PROVISIONS BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN AS CONTAINED IN DOCUMENT RECORDED AS 2020058113, 2020058113, 2020076360, 2022014306, 2023008980. -DESCRIPTION IN DOCUMENTS DESCRIBES SURVEYED PARCEL. NOTES: 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. 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. IMPROVEMENTS SHOWN ON THE WITHIN SURVEY ARE A REPRESENTATION OF THE CONDITIONS ON THE LAST DATE OF FIELD WORK AND NOT NECESSARILY THE CONDITIONS OF THE CERTIFICATION DATE. SURVEYOR'S CERTIFICATE I, JOSHUA DAVID WERNER, A PROFESSIONAL SURVEYOR IN THE STATE OF INDIANA, HEREBY STATE THAT, TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF, THIS PLAT REPRESENTS A SURVEY COMPLETED UNDER MY SUPERVISION AND IN ACCORDANCE WITH TITLE 865, ARTICLE 1, CHAPTER 12 OF THE INDIANA ADMINISTRATIVE CODE. TO: EVERWISE CREDIT UNION FIRST AMERICAN 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 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1-4, 7(A), 8, 9 AND 13 OF TABLE A THEREOF. THE FIELDWORK WAS COMPLETED ON MARCH 29, 2024. DATE: APRIL 11, 2024 ________________________________ JOSHUA DAVID WERNER PS NO. LS21200020 STATE OF INDIANA REVISED: I AFFIRM, UNDER THE PENALTIES OF PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THE DOCUMENT, UNLESS REQUIRED BY LAW. JOSHUA DAVID WERNER THE SURVEY WAS PREPARED BY JOSHUA DAVID WERNER, WEIHE ENGINEERS, INC., 10505 N. COLLEGE AVENUE, INDIANAPOLIS, INDIANA 46280. PRO FORMA