HomeMy WebLinkAbout98-99 Kite Rezone - Lowe's Land Title Survey - pg. 2ouuruuuu,,
117;745' Gt S
No.
880004
CERTIFIED BY:
STATE OF
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BRIAN L. OOD, R.L.S. #880004 D E
Kite Greyhound, LLC
Bayview Development Company, Inc.
Lowe's Home Centers, Inc.
Board of County Commissioners, Hamilton County
Hamilton Title Security, LLC
Commonwealth Land Title Insurance Company
I, the undersigned, hereby certify that to the best of my professional knowledge and belief the
within plat accurately represents a survey performed under my supervision during November, 1999
and on June 21, 2000 of the following described real estate, and that said survey was executed
in accordance with Title 865, Article 1, Rule 12, of the Indiana Administrative Code, establishing
minimum standards for the practice of land surveying in Indiana, effective date August 16, 1991.
I, further certify that this map or plat and the survey on which it is bosed were made (i) in
accordance with "Minimum Standard Detail Requirements for ALTA /ACSM Land Title Surveys,"
jointly established and adopted by ALTA, ACSM, and NSPS in 1997 and includes items 1 —1 1,
and 13 of Table A thereof, and (ii) pursuant to the Accuracy Standards (as adopted by
ALTA and ACSM and in effect on the date of this certification) of an Urban Survey.
I, further certify to Kite Greyhound, LLC; Bayview Development Company, Inc.; Lowe's
Home Centers, Inc.; Board of County Commissioners, Hamilton County; Hamilton Title
Security, LLC; and Commonwealth Land Title Insurance Company that this survey was
actually made upon the ground; that it and the information, courses, angles and
distances shown thereon are correct; that this survey accurately shows the location of
all buildings, structures and other improvements on the Premises, including, without
limitation, all streets, easements, rights —of —way and visible utility lines; and that, except
as shown, there are no (a) easements or rights —of —way across the Premises; (b) party
walls, (c) encroachments on odjoining premises, street or alleys of any of said buildings,
structures or improvements, or (d) encroachments upon the Premises by any building,
structures or other improvements situated on any odjoining premises; physical evidence
of boundary lines on all sides of the Premises is as stated on the survey; and that the
improvements do not violate any set —back or other building lines; that this survey has
been made using the latest recorded plat or deed; that there are no encroachments
other than those shown, and that the survey is accurate to the best of my professional
knowledge and belief.
I further certify that the within described real estate does not lie within a Zone A, 100 year
flood hazard area, as indicated on FIRM, Flood Insurance RrIte Map, Community Panel Number
180081 0003 C, City of Carmel, Indiana, map doted May 19, 1981.
PARCEL I
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 North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates Eost Zone) along the North line of the said Northwest
Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 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 190.03 feet to the Point of
Beginning; thence continuing South 89 degrees 05 minutes 16 seconds West along said
South right of way line 890.32 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 a point 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 tongent 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 orc length of 365.41 feet to a point which
bears North 21 degrees 37 minutes 34 seconds Eost 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 continuing North 89 degrees 14 minutes 07 seconds Eost along
the North line of said lot 29 o distance of 139.23 feet; thence North 00 degrees 10
minutes 51 seconds East 867.51 feet to the point of beginning, containing 16.516 acres,
more or less.
PARCEL II
Port of the North Haif 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 North Half of the Northwest Quarter of said
Section 19; 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 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 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 10.00 feet to the Point of Beginning;
thence South 00 degrees 10 minutes 51 seconds West 867.97 feet to the North line of
Lot 33 in Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No.
9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton
County, Indiana; thence South 89 degrees 14 minutes 07 seconds West along the North
line of said Lot 33 and the North line of Lots 32, 31, 30, and 29 in said Donbury Estates,
Section 1 a distance of 180.02 feet; thence North 00 degrees 10 minutes 51 seconds
East 867.51 feet to the South right of way line of 146th Street; thence North 89 degrees
05 minutes 16 seconds East along the said South right of way line 180.03 feet to the
point of beginning, containing 3.586 acres, more or less.
PARCEL III
A strip of ground 10.00 feet wide by parallel lines being a 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 North Haif of the Northwest Quarter of said
Section 19; 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 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet
to the Point of Beginning which lies on the South right of way line of 146th Street; thence
continuing South 00 degrees 10 minutes 51 seconds West 868.00 feet to the North line
of Lot 33 in Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No.
9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton
County, Indiana; thence South 89 degrees 14 minutes 07 seconds West along the said
North line 10.00 feet; thence North 00 degrees 10 minutes 51 seconds East 867.97 feet
to the South right of way line of 146th Street; thence North 89 degrees 05 minutes 16
seconds East along the said South right of way line 10.00 feet to the point of beginning,
containing 0.20 acres, more or less.
REVISIONS
PARCEL IV
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 North Haif of the Northwest Quarter of said
Section 19; 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 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 577.42
feet to the Point of Beginning; thence North 90 degrees 00 minutes 00 seconds East
386.39 feet to the Northwesterly line of Lot 73 in Danbury Estotes, 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 (the next nine courses are along the
boundary line of said Danbury Estates; 1) thence South 49 degrees 18 minutes 28
seconds West 23.11 feet; 2) thence South 55 degrees 47 minutes 39 seconds West
64.32 feet; 3) thence South 19 degrees 18 minutes 30 seconds East 86.14 feet; 4)
thence South 75 degrees 58 minutes 40 seconds West 7.08 feet; 5) thence South 16
degrees 29 minutes 43 seconds East 110,03 feet; 6) thence South 34 degrees 34
minutes 51 seconds West 52.32 feet; 7) thence South 43 degrees 21 minutes 20
seconds West 25.99 feet; 8) thence South 65 degrees 32 minutes 42 seconds West
149.41 feet; 9) thence South 89 degrees 14 minutes 07 seconds West 186.16 feet;
thence North 00 degrees 10 minutes 51 seconds East 366.05 feet to the point of
beginning, containing 2.760 acres, more or less.
PARCEL V
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 North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates East Z)ne) 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 Point of Beginning which lies on the South right of way line of 146th Street; thence
South 89 degrees 05 minutes 16 second: West along said right of way line 406.64 feet;
thence South 00 degrees 10 minutes 51 seconds West 501.95 feet; thence North 90
degrees 00 minutes 00 seconds East 386.39 feet to the Northwesterly line of Lot 73 in
Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No. 9429324 in
Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton County, Indiana
(the next nine courses are along the boundary line of said Danbury Estates); 1) thence North
49 degrees 18 minutes 28 seconds East 36.71 feet; 2) thence North 34 degrees 01 minutes
44 seconds East 59.82 feet; 3) thence North 18 degrees 45 minutes 00 seconds East
59.82 feet; 4) thence North 03 degrees 57 minutes 34 seconds East 59.87 feet; 5)
thence North 05 degrees 22 minutes 45 seconds West 166.65 feet; 6) thence South 72
degrees 03 minutes 23 seconds West 28 56 feet to a curve having a radius of 175.00
feet, the radius point of which bears North 17 degrees 56 minutes 37 seconds West; 7)
thence Southwesterly along said curve an arc length of 4.27 feet to a point which bears
South 16 degrees 32 minutes 46 seconds East from said radius point; 8) thence North
16 degrees 32 minutes 46 seconds West 50.00 feet; 9) thence North 00 degrees 54
minutes 44 seconds West 114.92 feet to the point of beginning, containing 5.108 acres,
more or less.
PARCEL VI
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 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 the Point of Beginning, which lies on a non tangent curve
hoving 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 a point which bears South 69 degrees 03 minutes 19 seconds West from
said radius point; thence South 69 degrees 03 minutes 19 seconds West 47.00 feet 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 said Easterly Limited Access right of way line and curve an arc
distance of 921.80 feet to a point which bears South 78 degrees 22 minutes 03 seconds
West from said radius point; thence North 78 degrees 22 minutes 03 seconds East
47.00 feet to the point of beginning, containing 0.990 acres, more or less.
PROPOSED 20' DRAINAGE EASEMENT
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 North Half of the Northwest Quarter of said
Section 19; 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 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 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 190.03 feet; thence South 00 degrees
10 minutes 51 seconds West 825.00 feet to the Point of Beginning; thence North 90
degrees 00 minutes 00 seconds East 190.00 feet; thence South 00 degrees 10 minutes
51 seconds West 20.00 feet; thence South 90 degrees 00 minutes 00 seconds West 190.00
feet; thence North 00 degrees 10 minutes 51 seconds East 20.00 feet to the Point of
Beginning, containing 0.087 acres, more or less.
PROPOSED SIGN EASEMENT
Part of the North Holf 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 North Half of the Northwest Quarter of said
Section 19; 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 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 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 190.03 feet; thence South 00 degrees
10 minutes 51 seconds West 801.50 feet to the Point of Beginning; thence continuing South
00 degrees 10 minutes 51 seconds West 11.00 feet; thence South 90 degrees 00 minutes
00 seconds West 26.74 feet; thence North 00 degrees 00 minutes 00 seconds East 11.00
feet; thence North 90 degrees 00 minutes 00 seconds East 26.77 feet to the Point of
Beginning, containing 294 square feet, more or less.
PAUL I. CRIPE, INC
7172 GRAHAM ROAD
INDIANAPOLIS, INDIANA 46250
317 842 -6777 FAX 317 841 -4798
ARCHITECTURE
CIVIL ENGINEERS
LANDSCAPE ARCHITECTURE
LAND PLANNING
LAND SURVEYORS
ENVIRONMENTAL CONSULTANTS
TRANSPORTATION ENGINEERS
CONCEPT CHK:
ENG. CHK:
DRAWN BY:
T.P.M.
DRFTNG. CHK:
SCALE:
1"=100'
b
d
DRAWING TITLE: ALTA/ACS
SURVEYOR'S REPORT
In accordance with Title 865, Article 1, Rule 12, of the Indiana Administrative Code, establishing
minimum standards of practice of land surveying in Indiana, effective August 16, 1991, the following
observations and opinions are submitted regarding the various uncertainties in the location of the lines
and corners established on this survey as o result of:
Varionces in the reference monuments;
Discrepancies in record descriptions and plats;
Inconsistencies in lines of occupation;
Random Errors in Measurement (Theoretical Uncertainty);
The Theoretical Uncertainty (due to random errors in measurement) of the corners of the subject real
estate established by this survey is within the specifications for a Class C survey 0.50 feet) as
defined in IAC 865.
The purpose of this survey is to survey the residual of the tract of land described in Instrument #8805327
The within survey is based in part upon several prior surveys:
Route Location Survey along 146th Street, PIC Job No. 970468- 70000, doted April 8, 1998; ALTA
Minimum Standards Detail Survey, PIC Job No. 93366 30100, dated August 15, 1995; Boundary
Survey, PIC Job No. 87315- 00000, dated Morch 16, 1987. Also, an ALTA Minimum Standards Survey
prepared by Weihe Engineers, Inc., Job No. 980777, doted January 19, 1999 was used to help prepare
this survey.
There are no county surveyor reference ties remaining for the Northwest corner of Section 19,
Township 18 North, Range 4 East. This corner falls in 146th Street and may have been destroyed
during construction of the bridge over U.S. #31. However, a Mog nail was previously located at this
corner for the aforesaid Route Location Survey. The uncertainty in the location of this corner in my
opinion is 0.5 feet.
A 5/8 inch rebar (down 3 was found at the Northeast corner of the Northwest Quarter of said
Section 19 per county surveyor's references.
No county surveyor reference ties are available for the location of the Southwest corner of the
Northwest Quarter of said Section 19. A P.K. Nail (of unknown origin) was previously found at a corner
location which substantially agrees with local lines of possession (fences) and record courses of
adjoining deeds as disclosed in the aforesaid ALTA Minimum Standards Detail Survey. Said P.K. Nail
was used as the best available evidence for the location of the Southwest corner of the Northwest
Quorter of said Section 19. It has since been destroyed. The uncertainty in the location of said
monument with respect to the original government survey corner is 4.0 feet north —south and 2.0 feet
east —west.
A stone w "x" was found 30.0 feet west of the Southeast corner of the Northwest Quarter of said
Section 19 per Hamilton County Surveyor's records. The stone marking the said Southeast corner
located previously for the aforesaid Boundary Survey was not found this survey.
There are several copperweld monuments that were found at center line street intersections and center
of the cul —de —loop as depicted on the within survey, which agrees with the subdivision plot geometry
for Danbury Estates, Section 1. Also, there are several concrete monuments found along the perimeter
boundary of said subdivision as shown on the within survey.
The perimeter fences and their relationship to the boundary of the subject real estate are depicted on
the within survey. There are numerous utilities along the perimeter boundary of said Danbury Estates,
some of which are encroaching onto the subject property as shown on the within survey.
Evidence of source of title for the subject real estate was provided in the form of Hamilton Title
Security, LLC Commitment No. 2001843, effective date June 14, 2000. Part of the items shown thereon
may have been depicted on the survey and are identified by their recording dots. Should any additional items
need to be depicted on the survey please advise and provide the appropriate documents. The within plot and
survey were prepared without benefit of current evidence of source of title for the adjoiners to the subject
real estate and are therefore subject to any statement of facts revealed by examination of such documents.
There are no Gaps or Gores between the subject parcels and /or adjoiners.
The subject real estate is an open field and vacant, except for the drainage pond.
Zoning Restrictions:
Parcels I, II, and III are zoned Planned Unit Development (PUD) per Ordinance No. Z -344.
Minimum Building Setbacks: the minimum building setback measured to the nearest
right of way shall be 90 feet, except along 146th Street where the minimum building
setback shall be 45 feet.
Maximum Building Heights: All uses, 60 feet.
Minimum Building Heights: All uses, 30 feet along the Keystone Avenue frontage, or for
uses not on the frontage, 14 feet, with a minimum of 12 feet to the lowest eaves for a
building with a gable or hip roof. Any building or part of a building within 300 feet of the
Keystone Avenue right of way shall be considered on the frontage. Accessory buildings,
attached garden centers, and screened delivery areas are exempt from the requirements
Schedule 8— Section II Items:
12. Permanent extinguishment of all rights and easements of ingress and egress to, from and across the
limited access facility (known as State Highway 431) to and from the land set out in decree in Hamilton
Superior /Circuit Court Cause No. 61 -626.
13. Permanent Right of Way east of limited access facility set forth above along west side of real estate as
set out in decree in Hmilton Superior /Circuit Court Cause No. 61 -626.
14. Grant of Temporary Right of Way from Bayview Development Company, Inc., to Board of County
Commissioners, Hamilton County, dated October 28, 1998, recorded June 27, 2000, as Instrument No.
200000031170.
15. Permanent extinguishment of all rights and easements of ingress and egress to, from and across the
limited access facility known as 146th Street as set forth in Warranty Deed from Bayview Development
Company, Inc. to the Board of County Commissioners Hamilton County, dated October 28, 1988, recorded
June 27, 2000, as Instrument No. 200000031169.
17. Agreement for Drainage Easement and incidental purposes by and between Langston Development
Company, Inc. and Bayview Development Company, Inc. doted March 4, 1994, recorded March 10, 1994 as
Instrument No. 941 1463.
18. Commitments Concerning The Development and Use of Real Estate by Langston Development
Company, Inc. and Baview Development Company, Inc. dated June 24, 1993, recorded July 2, 1993 as
Instrument No. 9332020.
19. Commitments Concerning The Development and Use of Real Estate by Kite Greyhound, LLC, Bayview
Development Company, Inc. and Hamilton County, Indiana, recorded 2000 os
Instrument No. (Affects Parcels I, II, III of the subject real estate along with
adjoining real estate to the South)
DATE:
7 -13 -2000
CLIENT:
V
LA
KITE DEVELOPMENT
\D TITLE SURVEY
146th S.R. #431. (LOWE'S PARCEL)
DWG. TYPE
JOB NUMBER
FILE NUMBER
980446-30100
SHEET:
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