The URL can be used to link to this page

Home My WebLink About02 ALTA Land Title SurveyLAND DESCRIPTION LOT 2 (PER PLAT) Lot 2 in Carmax, a subdivision in Hamilton County, the plat of which is recorded as Instrument No, 2003 61408 in. Plat Cabinet 3, page 199 in the Office of the Recorder of Hamilton County, Indiana, also described as follows: Part of the South half of the Southeast Quarter of Section 8, Township 17 North, Range 04 East of the Second Principal Meridian in. Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning alt the Southeast corner of Section 8, Township 17 North, Range 04 East; thence North 90 degrees 00 minutes 00 seconds West. (North 89 degrees 47 minutes 47 seconds West measured) along the South line of said half quarter section, a distance of 357.27 feet; thence North 00 degrees 21 minutes 05 seconds East 60.00 feet to a point in the North line of right-of-way appropriated by the Board of Commissioners of Hamilton County pursuant to proceedings under Cause No. 29D01- 9604 -MI -169, as set out in a transcript recorded August 26, 1996 as Instrument No. 9609635823 in the Office of the Recorder, Hamilton County, Indiana; thence on said right-of-way line, South 89 degrees 49 minutes 30 seconds East (South 89 degrees 47 minutes 47 seconds East measured) .t distance of 1732 feet; thence North 00 degrees 00 minutes 00 seconds West 369.41 feet, thence North 90 degrees 00 minutes 00 seconds East 342.44 feet to a point in the East line of said half quarter section; thence on the East line thereof, South 00 degrees 09 minutes 40 seconds West (South 00 degrees 21 minutes 14 seconds \Vest measured) 430.75 feet to the Point of Beginning. Containing 3.392 acres, more or less, subject to rights-of-way, easements and restrictions. EXCEPT that part of the above- described read estate appropriated by the Board of Commissioners of Hamilton County pursuant to proceedings under Cause No. 29D01- 9604 -MI -169, as set out in a transcript recorded August 26, 1996 as Instrument No. 96096358B in the Office of the Recorder, Hamilton County, Indiana. Containing 0.507 acres, more or less, subject to rights -of -way, easements and restrictions. Leaving a net acreage after said exception of 2.885 acres, more or less. To: 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 Tide Surveys," jointly established and adopted by ALTA, ACSM and NSPS in 1999, and includes items 1, 3, 4, 5, 8, 10, ll(a)(b) 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: Proper field procedures, instrumentation and adequate survey personnel were employed in order to achieve results comparable to those outlined in the "Minimum Angle, Distance and Closure Requirements for Survey Measurements Which Control Land Boundar a, y �A /ACSM Land Title Surveys." Date: April 30, 2004 1-1:- 10398 a N STATE F O o Allan H. Weihe, Reg. L.S. Ind. #10 GENERAL NOTES: 1.) This survey was performed without the benefit of a current title insurance commitment that may have disclosed information that affects the surveyed tract. 2.) The surveyed real estate is currently zoned B -3 (Business District), per the Carmel /Clay Zoning Ordinance, effective 18 November 2003. The following Height and Area Requirements are taken from said ordinance: Maximum Bldg. Height -35 feet Minimum Front Yard 60 feet Minimum Side Yard Any business located on a corner lot 30 feet Mi Aggregate of Side Yard Any business that requires a Minimum Side Yard of 30 feet: 30 feet Minimum Rear Yard Any business use located in a block or parcel which includes or adjoins a residential district or use: 30 feet. All other business uses --15 feet Minimum Lot Width —100 feet 3.) The described real estate does lie within a Special Flood Hazard Zone as plotted by scale on the Federal Emergency Management Agency, National Flood Insurance Program, (FIRM) Flood Insurance Rate l%lap Number. 18057CO237 F, dated February 19, 2003. Flood plain certification is restricted to a review of the Flood Insurance Rate Maps (FIRM) (latest revision), and shall not be construed as a confirmation or denial of flooding potential, as this map does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size. 4.) Any underground utilities depicted on the attached plat of survey have been located per utility location markings on the ground and on existing physical evidence. The path of the utility lines shown on said plat of survey should be considered approximate until they are either relocated, by calling the Indiana Underground. Plant Protection Agency at 1_800_ 382 -3544 or until they are excavated to verify the location and path of the utility lines. The surveyor makes no guarantee that the underground utilities shown comprise all such utilities in the area, either in service or abandoned. The surveyor does not warrant that the underground utilities shown are in the exact location indicated. Note that there may be additional underground utilities on the site for which no above ground evidence was observed. The exact location of all underground utilities shall be verified by the contractor prior to any construction. 5.) Per information supplied by the Surveyor's Office, Hamilton County, Indiana no regulated drains directly affect the surveyed real estate. 6.) Possession lines referenced at monumented corners only. Possession lints may vary between said corners. 7.) The surveyed real estate is currently being developed and was under construction at the time the survey was performed. 8.) 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, SURVEYOR'S REPORT Client: Steak n Shake Job Number: W040266 Type of Survey: ALTA Land Title Survey Class of Survey: Class C Survey (865 .IAC 1.12) Field Work Completed: April 25, 2004 Location of Survey: NW corner of 96th Street and Gray Road, Clay Township, Hamilton County, Indiana. Note: The Theoretical Uncertainty of the corners of the subject tract established this survey, is within the specifications for a Class C Survey 0.5 foot) as defined in 865 IAC LU. (Theoretical Uncertainty of a measurement is the radius of a circle which circumscribes an area containing the probable true location of a specified point as determined by the precision of the instruments and procedures employed in the performance of a survey). In accordance with Title 865, Article 1, Chapter 12 (Rule 12) of the Indiana Administrative Code (IAC), the following observations and opinions are submitted regarding the uncertainty in the position of the lines and corners established and /or reestablished on this survey as a result of; 1) Availability and condition of reference monuments; 2) Clarity and /or ambiguity of the record description(s) used and /or the adjoiners descriptions; 3) Occupation or possession lines; and, 4) Random Errors in Measurements (Theoretical Uncertainty) Note: There may exist unwritten rights associated with these uncertainties. Attention is called to the fact that in many locations, the original section corners have not been perpetuated or have been lost. In these instances, the only evidence available to indicate the true positions of original corners is existing topographical features and current monuments. Lacking the aforementioned evidence, ,a surveyor may resort to proportional measurement to reestablish section corners. Section corners that are not original are usually classified as Title Corners. Since undiscovered information may affect the true position of a title corner, the uncertainty in a title corner is unknown. The perimeter of the surveyed tract was reestablished using the record description based on a survey of the South and East lines of the Southeast Quarter of Section 8, Township 17 North, Range 4 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana. The endpoints (quarter section corners) were recovered in good condition per the records of the Hamilton and Marion County surveyor's offices. It is this surveyor's professional opinion that the uncertainty in the lines of the surveyed tract due to the variances in reference monuments is The record descriptions for the adjoining real estate were obtained front the Hamilton County Recorder's Office and mathematically retraced in an effort to disclose possible gaps and /or overlaps between the lines of the surveyed tract and those of the adjoiners. It is this surveyor's professional opinion that there are no uncertainties in the lines of the surveyed real estate and those of the adjoiners due to discrepancies in the record descriptions. As a result of the above observations, it is my opinion that the uncertainties in the locations of the lines and corners established on this survey are as follows: Due to variances in reference monuments: See above Due to Uncertainties in the record descriptions: none Due to Inconsistencies in lines of occupation: none a z co 0 ti w 0 V Z ui w w F. z z w W W 0 0 0 0o z 0 SHEET NO. OF 2 43 ..4 0 U U 0. 0 0 CO U z Q z