HomeMy WebLinkAboutCarmel Drive - System Capital Real PropertyCP ..j
,ifce to Prior Deed of Record: Quitclaim Deed dated May 26, 2000 and recorded as Instrument Number 955 3 lO
.milton County, Indiana Recorder's Office
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement is made and entered into this l day of
2000 by and between SYSTEM CAPITAL REAL PROPERTY
CORPORATION, a Delaware Corporation "Grantor and THE CITY OF CARMEL,
INDIANA "Grantee 200200096837
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
12 -13 -2002 02:23 pm.
EASEMENTS 50.00
A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton
County, Indiana more particularly described as follows:
RECITALS
Instrument
200100048947
See Exhibit A, which is attached hereto and incorporated herein
B. Grantee, in connection with Grantee's improvement, widening and beautification
of Carmel Drive (the "Project requires a permanent landscape easement over a portion of the
Grantor Parcel which permanent landscape easement area (herein referred to as the "Permanent
Easement Parcel is more particularly described as follows:
See Exhibit B, which is attached hereto and incorporated herein
See Exhibit C, which is attached hereto and incorporated herein
Instrument
200200096837
C. Grantee also requires a temporary easement for the duration of the Project for
purposes of constructing that portion of the Project located upon the Grantor Parcel. Such
temporary easement area (herein referred to as the "Temporary Easement Parcel is more
particularly described as follows:
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel
for the purpose of landscaping over, under, across, upon and through the Permanent Easement
Parcel for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or
concrete paving, curbing or other improvements, trees, bushes and earth berming that exist prior to,
as of the time of, or after Grantee's acquisition of such easement; (b) plant trees, bushes (the
"Plantings grass or sod, and install earth berming; and (c) maintain, remove and replace the
Plantings, which may include the installation of irrigation equipment.
200100048947
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
08 -06 -2001 02:54 pm.
EASEMENTS 40.00
2. Temporary Rights Acquired bv Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
and the Temporary Easement Parcel for all purposes related to the construction of the Project,
including, but not limited to the storing of Grantee's equipment and the staging of the construction
of tine Project. Upon the completion of the Project such temporary easement shall terminate and
Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition
as existed prior to the commencement of the Project.
3. Obligations of Grantee. Grantee shall maintain the Plantings and remove any
diseased or dead Plantings from the Permanent Easement Parcel and replace such dead Plantings
with Plantings of the same (or similar) species, and to the extent practicable, the same size.
4. Rights Retained bv Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to use
the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees. heirs, successors and assigns shall retain the right of access over
and across the Permanent Easement Parcel to and from the Public Right -of -Way to real estate
owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway or
any future driveway.
5. Obligations of Grantor. Except for any driveway described in Section 4
hereof, Grantor shall keep the Permanent Easement Parcel free of any fence, structure,
asphalt, gravel, plants (other than grass or sod and the Plantings installed by Grantee)
concrete or other improvements. Grantor shall mow and care for the grass located within the
Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris,
weeds and refuse.
6. Easement and Covenants Appurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Permanent Easement Parcel, the Grantor Parcel
and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement
Parcel, the Grantor Parcel and the Temporary Easement Parcel, and shall inure to the benefit of
and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors
and assigns. All covenants and agreements hereunder may be enforced by an action for specific
performance, and in the event that a party breaches any such covenant or agreement, the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the
breaching party all amounts expended in connection with exercising any such remedy (including
without limitation, court costs and attorneys' fees).
2
7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
8. The undersigned person executing this Easement Agreement on behalf of Grantor
warrants that he has been duly authorized and fully empowered, by proper action of the
governing body of Grantor, to execute this Easement Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
System Capital Real Property Corporation.
a Delaware Corporation-_'
By:
Printed: Catherine A. Griffin
Title:
COUNTY OF
I am a resident of
Assistant Secretary
STATE OF
SS:
My commission expires: //0/1 03
County,y to
s O,F1CIAL SEAL.
NOTARY PUBLIC, STATE OF ILLINOIS
DAY CO ION EXPIRES: 11 p1 OS
3
GRANTEE
By:
STI5P AWN C. 46z /Ny
,(jth Printed: Joseph C. Stae- er-
Title: Director of Administration
Before me, a Notary Public in and for said County and State, personally appeared
e ,/I,`fi�l�„ ,o. �1� the d/4,4t),00441— i, of Grantor and who, having been duly
sworn, acknowledged the truth and accuracy of the rep4esentations made herein and the
execution of the foregoing Agreement.
Witness my hand and Notarial Seal this day of iatib 2000.
Notary Public
.2/Am 4.
Printed Name
STATE OF /'Vb /H(y')
I SS:
COUNTY OF 1
Before me, a Notary Public in and for said County and State, personally appeared Joseph
C. Staehler, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this
My commission expires: ql b OK
I am a resident off451 unty, Indiana
4
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633 -4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633 -4884.
Grantor hereby certifies that
there ie no Indiana boss
Incase Tax due by virtue of
this transaction at this time,
Store No. 353
(Carmel, IN)
951.? 9s
Exhibit "A"
O i2 C 7E
DULY ENTERED 9547336. Su ro FOR TAXATION
trwfa
WARRANTY DUD 19
AtMlhir
p ax
QC Development 'Comp anr.4...Grantor•
organized and existing under'th laws of: th
CONVEYS AND WARRANTS to BC Reitl7Betate ::Investments, .It:c.
('Grantee'), a corporation organized.and.nxieting under the laws of
the State of Delaware, for the sum of Tnir_Dollars ($10.00) and
other valuable consideration, the ,'receipt of _which` -is hereby
acknowledged, the following described real
See Exhibit •A' attached hereto and made'a part hsreof
said conveyance being dated and signed,::• and
acknowledged by Grantor,.ahall be deemed to be a conveyance in fee
simple to Grantee, ittt successors and assigns, with covenant from
Grantor th•.t it is lawfully seized of the premises, has good right
to convey the same, and guarantees quiet po ion thereof, that
the same are free from all encumbrances except those set forth on
Exhibit •B• attached hereto and made a part hereof, and that
Grantor will warrant and defend the title to the same against all
lawful claims.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed
to be executed this day of 1995.
QC
co
Byt
P
ti
(Corporate Seal]
FMENT 90MP a Michigan
Its :S'ofN
EXHIBIT °A•
LEGAL DESCRIPTION
(CARXZL, IN)
PART OP THE SOUTH HALF OF SECTION 31, TOWNSHIP 18 WORTH, RANGE 4
EAST, :LAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH
1 DEGREE 04 MINUTES 45 SECONDS WEST ALONG TEE WEST LINE OF SAID
SECTION 1752.85 FEET TO THE INTERSECTION OF THE CENTERLINE OF
WESTFIELD BLVD. RANGE LINE ROAD) WITH THE CENTERLINE OF'CARMEL
DRIVE; THENCE NORTH 89 DEGREES 55 MINUTES EAST ALONG THE CENTERLINE
OF SAID CARMEL DRIVE 600.01 FEET TO THE P.C. OF A CURVE; THENCE
ALONG SAID CENTERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO THE
LEFT HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A
BEARING OF NORTH 79 DEGREES 55 i4INUTES EAST AND A LENGTH OF 397.97
FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 69 DEGREES 55 MINUTES
EAST ALONG SAID CENTERLINE 238.51 FEET TO THE P.C. OF A CURVE;
THENCE ALONG SAID CENTER LINE NORTHEASTERLY 400 FEET ALONG AN ARC
TO THE RIGHT HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD
HAVING A BEARING OF NORTH 79 DEGREES 55 MINUTES EAST AND A LENGTH
OF 397.97 FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 89 DEGREES
55 MINUTES EAST ALONG SAID CENTERLINE 1232.33 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION WHICH POINT IS SOUTH 89 DEGREES 55
MINUTES WEST 518.52 FEET FROM THE INTERSECTION OF THE CENTERLINE OF
KEYSTONE WAY WITH THE CENTERLINE OF SAID CARMEL DRIVE; THENCE NORTH
89 DECREES 55 MINUTES EAST ALONG SAID CENTERLINE OF CARREL DRIVE
273.52 FEET; THENCE SOUTH 00 DEGREES OS MINUTES EAST 290.00 FEET;
THENCE SOUTH 89 DEGREES 55 MINUTES NEST PARALLEL WITH SAID
CENTERLINE OF CARMEL DRIVE 273.52 FEET; THENCE NORTH 00 DEGREES 05
MINUTES WEST 290.00 FEET TO THE POINT OF BEGINNING, CONTAINING
1.821 ACRES, MORE OR LESS.
EXCEPTING THEREFROM: PART OF THE SOUTH HALF OF SECTION 31, TOWNSHIP
18 NORTH, RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH
1 DEGREE 04 MINUTES 45 SECONDS WEST ALONG T}UE WEST LINE OF SAID
SECTION 1752.85 FEET TO THE INTERSECTION OF THE CENTERLINE OF
WESTFIELD BLVD. (RANGE LINE ROAD) WITH THE CENTERLINE OF CARMEL
DRIVE; THENCE NORTH 89 DEGREES 55 MINUTES EAST ALONG THE CENTERLINE
OF SAID CARMEL DRIVE 600.00 FEET TO THE P.C. OF A CURVE; THENCE
ALONG SAID CN ERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO THE
LEFT HAVING A RADIUS OF 1145.92 FEET AND A LANG CHORD HAVING A
BEARING OF NORTH 79 DEGREES 55 MINUTES EAST AND A LENGTH OF 397.97
FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 69 DEGREES 55 MINUTES
EAST ALONG SAID CENTERLINE 238.51 FEET TO THE P.C. OP A CURVE;
THENCE ALONG SAID CENTERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO
THE RIGHT HAVING A RADIUS 07 1145.92 FEET AND A LONG CHORD HAVING
?33
01/.
STATE OF
COUNTY OF
Send Tax Bills Tot 14103 Denver West Parkway
Golden, CO 80401-4086
-2-
Before me, a Notary p bl irqnd
r•said, ty an 7,State,
personally appeared
of
QC Development Company, a Mich.igan .corporat ion an acknoIged
the execution of the foregoing instrument‘aersuch•officer:acting
Lor and on behalf of said corporation sworn,
stated that the representations :thersin and
correct.
/4 frrit_ Witness my hand and Noterill'Asal‘7this .f of
1995.
e. s„,,...
-vi5e-Nir
.i• 1
Ti-h7q 6,
(printed namei Notar Pub io
f--2
My Commission Expirest 7 —9A7 ..Resident efreg County, (Notarial Se .!:::;'j.,,
'.,11::...•:,i
This instrument Prepared by and i•. —,-0. .:4;;
when recorded returned to s 4....
eli :X
Monica J. Labe, Esq.
Dickinson, Wright, Moon,
Van Dusen Freeman
500 Woodward Avenue, Suite 4000
Detroit, KI 48226-3426
(313) 223-3500
EXHIBIT B
Enaunbrances, easements and restrictions of record...i,::
;•.;:i
PERMITIED ENCUMBRANCES
e
2
re THE
SCHNEIDER
L J CORPORATION
1232.33'
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In
1 1
N89'55
600.00'
SW CORNER
SEC.31— T18N —R4E
\2k \2603 \001 \dwgs\parce128.dwg
L SURVEY UNE
SURVEY UNE MCWU. 24428
3020 North Post Road
Indianapolis. Indiana 22
488 -8518
317- 898 -8282
317- 899 -8010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
N89'55'00 E 143.52'
CARMEL DRIVE
P.0.8. PROPOSED PERMANENT R.O.W.
PARCEL 28 ROW (CROSS HATCHED)
EXISTING 40' 1/2 R.O.W. LINE 3:
N89 55 00 45
�S$ "W 9_55'00 :I r
NCOros'00 W.'
8.00'
PROPOSED 48' 1/2 R.O.W. LINE
BOSTON MARKET
PARCEL 28
RECORD OWNER
BC REAL ESTATE INVESTMENTS, INC.
WARRANTY DEED
INSTR. 9547336
L= 400.00'
SURVEY UNE MONU. 1321
PARCEL 28
E(1 -IIBIT 'A'
PLAN SCALE
1'= 30'
Engineering
Surveying
Landscape Architecture
CIS US
Geology
w
0
P 0
So•
0'•
0
1n
SURVEY LINE MONU. 1322 A
1232.33"
S00 "E
40.00'
P.0.8.
PARCEL 28 ROW
L= 400.00'
R =1145.92'
NOTE
SEE ROUTE SURVEY CONTROL TLE.S EXHIBIT FOR CENTERUNE AND SURVEY LA I( COORDINATES.
S00 05'00 "E
8.00'
r SURVEY UNE
N8955'00 Q
17
50-84
TSC 12603.001
Sheet 1 of
r 1 THE
I I SCHNEIDER
L J CORPORATION
East Carmel Drive Protect Parcel 28
Owner: BC Real Estate investments, Inc.
Warranty Deed Instrument Number 9547336
\2k \2603 \001 \dwgs\par28LSE.dwg
3020 North Post Road
Indianapolis, Indiana
48228 -8518
317 -898 -8282
317 899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 28
EXHIBIT '8"
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
Landscape Easement
Land Description
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana being all that part of the owner's land Identified
as Parcel 28 lying within the area Identified and shown as "Proposed Landscape Easement"
on the attached Route Survey Plot and being further described as follows:
Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence
bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings Is from Instrument
Number 9547336, Office of the Hamilton County Recorder) along the west line thereof a
distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55
minutes 00 seconds East along sold centerline a distonce of 600.00 feet to the point of
curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North
00 degrees 05 minutes 00 seconds West thence easterly along said curve and along said
centerline an arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes
00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds
East along said centerline o distance of 238.51 feet to the point of curvature of a curve
having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05
minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to
a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point;
thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of
1232.33 feet to o point distant South 89 degrees 55 minutes 00 seconds West o distance of
518.52 feet from the intersection of sold centerline with the centerline of Keystone Way,
being the grantor's northwest comer, thence South 00 degrees 05 minutes 00 seconds East
along the grantors west line o distance of 48.00 feet to the Point of Beginning; thence
North 89 degrees 55 minutes 00 seconds East a distance of 14.57 feet; thence South 00
degrees 05 minutes 00 seconds East o distance of 3.30 feet; thence South 89 degrees 55
minutes 00 seconds West a distance of 14.57 feet to the grantor's west line; thence North
00 degrees 05 minutes 00 seconds West along grantor's west line a distance 3.30 feet to
the Point of Beginning. Containing 48 square feet.
TSC #2603.001
Sheet of 3
THE
60 SCHNEIDER
L J CORPORATION
SURVEYOR'S REPORT
t
Reg —ered Land Surveyor #S0389
May 11, 1999
\2k \2603 \001 \dwgs \3OF4SHT.dwg
3020 North Post Road
Indianapolis, Indiana
48228 -8518
317 098 -8282
317 899 -8010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
In accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code
Rule 12 the following observations and opinions are submitted regarding the various
'uncertainties in the locations of the lines and corners established on this route survey as a
result of variances In reference monuments and Inconsistencies in lines of occupation.
This survey was performed to create Landscape easements along Carmel Drive from
Rangeline Road to Keystone Avenue. The basis of bearings used is from the record
.descriptions of the tracts along Carmel Drive all of which are on the same system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to a local coordinate system
with a basis of bearings based on the record descriptions as noted above. Coordinote values
of and distances between control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork, but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar
found with yellow cap marked Schneider Engr. Corp.. 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is a Mag nail found flush with the surface of the sidewalk
on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red
Woolpert" cap found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is a 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments are considered to be original monuments
with no error as related to their use as a port of or references to the survey line.
In addition to the 4 Survey Control Line monuments. various points on the centerline of
Carmel Drive and on the lead —ins to same are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary Right of
Way lines and corners can be calculated therefrom. In accordance with 865 IAC 1 -12, it is
the intent of this Route Survey that the location of all Permanent and Temporary Right of
Woy lines and comers shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate values, bearings and distances shown hereon.
The various physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with an earner phase of the Carmel Drive project As indicated
above, the survey control for the Woolpert work was recovered, confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys that the physical monument currently at the
southwest comer of the southwest quarter of Section 31 has moved about 1 foot in a
north —south direction during the intervening years. The coordinate value shown hereon for
that corner Is based on the prior location, not on the current monument. As a result of
this movement, it is my opinion that the centerline of Carmel Drive and the prior location of
the southwest corner of the section are best established based on -the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at
the first Point of Curvature west of Keystone Way) which have been In place and utilized to
control the centerline for many years.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief the within plat represents a Route Survey performed
in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code Rule
12 under m supervision and completed on February 25. 1999.
Engineering
Surveying
Landscape Architecture
GIS Lis
Geology
TSC 12603.001
Sheet aof 3
CARMEL DRIVE
0
0
0
0
0
0
0
r� THE
SCHNEIDER
L. J CORPORATION
CARMEL DRIVE
16.4
N 99729605 1
R
E 11706.9352 t
MONUMENT 1325
REFERENCES
(5/8' REBAR)
CENTERLINE REFERENCE DATA
ROUTE SURVEY CONTROL EXHIBIT
t
N 10027.0422
E 10005.9308
likfANHOLE
MONUMENT 1322
REFERENCES
(MAG NAIL)
CUT ON CUR
\2k \2603 \001 \dwgs \REPTTIES.dwg
R.R. SPIKE AT CL INTER.
N °8025.3349, E 8425.3496, SECTION 31. SW COR., SW 1/4
N =9777.6741, E =83923395. CL INTERSECTION
N =9778.7457, E 8992.3388. CL POC
N ■9848.4225, E9384.1658. CL POT
N =9930.3232. E =9608.1731, CL POC
N =10000.0000, E =10000.0000, CL POT (RR SPIKE FD.)
N =100025436. E =11750.8389, CL INTERSECTION (RR. SPIKE FD.)
3020 North Poet Road
Indianapolis, Indiana
48228 -6518
317 -898 -8282
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
C
CARMEL DRIVE
CDR. BC
BR BC
MON MENT 24428
REFERENCES
(5/8 REBAR W /SEC CAP)
u
Engineering
Surveying
Landscape Architecture
GIS US
Geology
ASSUMED WORTH
1 inch 50 ft
COR BC
COR. BC
tat N 9738.6139
E 8891.9168
1ERCIAN MoRT0AGE
GROUP
LANDMARK
RICHARDS
MALMO
MONUMENT 1321
REFERENCES
(5 /8'REBAR W /WOOLPERT CAP)
TSC #2603.001
Sheet 3of 3
rill THE
SCHNEIDER
L J CORPORATION
1232.33'
N89'55'00'E
3020 North Post Rood
Indianapolis, Indiana
48228 -8518
317 898 -8282'
317 -899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
143.52'
PLAN SCALE
1'= 30'
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
N89'55'00 "E
14.57'
PROPOSED 48' 1/2 _P..O.W LINE
3 b
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o
in
P
0
0
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0
L= 400.00'
R =1145.92'
N89'55'00 "E
600.00'
3 W
Nt C a
.et (Ni C(
SW CORNER
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SEC.31- T18N -R4E
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\2k \2603 \001 \dwgs \par28LSE.dwg
V)
PROPOSED LANDSCAPE ESMT.
(CROSS HATCHED)
BOSTON MARKET
PARCEL 28
RECORD OWNER
BC REAL ESTATE INVESTMENTS, INC.
WARRANTY DEED
INSTR. I# 9547336
SURVEY UNE MONU. 1322 SURVEY LINE
i89'S5'00'E
1750.84'
N6 v 1 1232.33' 00"
S00'05'00 "E
P.O.B. 00
PARCEL 28 LS.E
400.00'
SURVEY SURVEY UNE MONU, 1321 R =1145.92'
SURVEY UNE
SURVEY UNE MONU. 24428
NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY UNE COORDINATES.
PARCEL 28
EXHIBIT B"
Q
TSC #2603.001
Sheet 1 of
rt: THE
kip SCHNEIDER
L J CORPORATION
Eost Carmel Drive Project Parcel 28
PARCEL 28
EXHIBIT "C"
Owner: BC Reol Estate Investments, Inc.
Warranty Deed Instrument Number 9547336
Temporary Construction Easement
Land Description
3020 North Post Road
Indianapolis, Indiana
48228 -8518
317 -898 -8282
317 -899 -6010 FAX
317 895 -2803 RESIDENTIAL
SURVEYING FAX
Engineering
Surveying
Landscape Architecture
GIS LIS
Geology
Port of the South Half of Section 31 Township 18 North, Range 4 Eost of the Second
Principal Meridian in Hamilton County, Indiana being all that part of the owner's land
identified as Parcel 28 lying within the area identified and shown as "Proposed
Temporary Construction Easement" on the attached Route Survey Plot and being further
described as follows:
Commencing at the southwest corner of the Southwest Quarter of said Section 31;
thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is
from Instrument Number 9547336. Office of the Hamilton County Recorder) along the
west line thereof 0 distance of 1752.85 feet to the centerline of Carmel Drive; thence
North 89 degrees 55 minutes 00 seconds East along said centerline a distance of
600.00 feet to the point of curvature of a curve having 0 radius of 1145.92 feet, the
radius point of which bears North 00 degrees 05 minutes 00 seconds West thence
easterly along said curve and along said centerline on arc distance of 400.00 feet to 0
point bearing South 20 degrees 05 minutes 00 seconds East from said radius point;
thence North 69 degrees 55 minutes 00 seconds Eost along said centerline o distance
of 238.51 feet to the to the point of curvature of a curve having a radius of 1145.92
feet. the radius point of which bears South 20 degrees 05 minutes 00• seconds Eost;
thence easterly.along said curve an arc distance of 400.00 feet to a point bearing
North 00 degrees 05 minutes 00 seconds West from said radius point; thence North
89 degrees 55 minutes 00 seconds East along said centerline a distance of 1232.33
feet to a point distant South 89 degrees 55 minutes 00 seconds West a distance of
518.52 feet from the intersection of said centerline with the centerline of Keystone
Way, thence South 00 degrees 05 minutes 00 seconds Eost along the grantor's west
line o distance of 48.00 feet to the Point of Beginning; thence North 89 degrees 55
minutes 00 seconds East along said south line a distance of 50.17 feet; thence South
13 degrees 41 minutes 18 seconds West o distance of 0.51'feet; thence South 15
degrees 54 minutes 41 seconds West a distance of 5.43 feet; thence South 89 degrees
45 minutes 16 seconds West o distance of 24.32 feet; thence North 14 degrees 17
minutes 35 seconds West a distance of 2.83 feet; thence North 89 degrees 57
minutes 18 seconds West a distance of 23.54 feet to the grantor's west line; thence
North 00 degrees 05 minutes 00 seconds West along said west line o distance of 2.99
feet to the Point of Beginning. Containing 219 square feet.
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r� THE
SCHNEIDER
L J CORPORATION
SURVEYOR'S REPORT
In occordonce with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code
"Rule 12 the following observations and opinions are submitted regarding the vorious
uncertainties in the locutions of the lines and corners established on this route survey as a
result of variances in reference monuments and inconsistencies in lines of occupation.
This survey was performed to create additional permanent right of way and Temporary
right of way along Carmel Drive from Rongeline Rood to Keystone Avenue. The basis of
bearings used is from the record descriptions of the tracts along Carmel Drive all of which
are on the some system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to a local coordinate system
with a basis of bearings based on the record descriptions as noted above. Coordinate volues
of and distances between control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork. but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar
found with yellow cop marked "Schneider Engr. Corp." 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is a Wig nail found flush with the surface of the sidewalk
on the north side of Cormel Drive. Monument 1321 is o 5/8 inch rebar found with a red
"Woolpert" cop found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is o 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments ore considered to be original monuments
with no error as related to their use as a part of or references to the survey line.
In addition to the 4 Survey Control Line monuments, various points on the centerline of
Carmel Drive and on the lead -ins to same ore shown with horizontal coordinate values of
North and East. These coordinates ore directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary' Right of
Way lines and corners con be calculoted therefrom. In accordance with 865 IAC 1 -12, it is
the intent of this Route Survey that the location of all Permanent and Temporary Right of
Woy lines and corners shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate values, bearings and distances shown hereon.
The vorious physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with on earlier phase of the Carmel Drive project. As indicated
above. the survey control for the Woolpert work was recovered, confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys that the physical monument currently ot the
southwest corner of the southwest quarter of Section 31 hos moved about 1 foot in a
north -south direction during the intervening years. The coordinate value shown hereon for
that corner is bosed on the prior location, not on the current monument. As o result of
this movement. it is my opinion that the centerline of Carmel Drive and the prior location of
the southwest corner of the section ore best established based on the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one ot
the first Point of Curvature west of Keystone Way) which have been in place and utilized to
control the centerline for many years.
SURVEYOR'S STATEMENT.
To the best of my knowledge and belief the within plat represents o Route Survey performed
in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule
12 under my supervision and completed on February 25. 1999.
Gary\
Registered Land Surveyor fS0389
March 9, 1999
\2k \2603 \001 \dwgs \30F4SHT.dwg
3020 North Post Road
Indianapolis. Indiana
48228 -8518
317 898 -8282
317- 899 -8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
(t No. c
S0389
S TATE aF
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Surveying
Landscape Architecture
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Geology
TSC }2603.001
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N 10027.0422
E 10005.9308
A61..
0
MONUMENT 1322
REFERENCES
(MAC NAIL)
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CARMEL DRIVE
N 9972.9605
E 11706.9352
CUT 'X'
16 4'
MONUMENT 1325
REFERENCES
(5/8 REBAR)
CENTERLINE REFERENCE DATA
ON CURB
14.8025.3349. E=8425.3496. SECTION 31, SW COR.. SW 1/4
N=9777.8741, E.8392.3395„ CL INTERSECTION
14=9778.7457, £=8992.3388; CL POC
N=9848.4225. E=9384.1658. CL POT
E N.9930.3232. E=9608.1731. 01 POC
14=10000.0000. E=10000.0000 CI. POT (R.R. SPIKE FD.)
N=10002.5436, E=11750.8389. CI. INTERSECTION (R.R. SPIKE FD.)
\2k\2603 \001 \dwgs \REPTT1ES.dwg
CARMEL DRIVE
c MANHOLE
R.R. SPIKE AT a IN TER.
3020 North Post Road
Indianapolis. Indiana
48228-8518
317-898-8282
317-800-8010 FAX
317-895-2803 RESIDENTIAL
SURVEYING FAX
ROUTE SURVEY CONTROL EXHIBIT
17.4
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ASSUMED NORTH
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CARMEL DRIVE
MONUMENT T 24428
REFERENCES
(5/8 REBAR W/SEC CAP)
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N 9738.6139
E 8891.9166
MERIDIAN MORTGAGE
GROUP
14 9781.7339
E 9266.1447 4
6
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LANDMARK
CHARS
BUDDING
MONUMENT 1321
REFERENCES
(5/8 W/WOOLPERT CAP)
COR.
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L=400.00' N R= 1145.92' A N625g5%
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SEC.31- 1 —R4E
3020 North Post Road
Indianapolis, Indiana
48228 -8518
317 -898 -8282
317 899 8010 FAX
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
J
N89'55'OO "E 143.52'
CARMEL DRIVE
PARCEL 28
RECORD OWNER
BC REAL ESTATE INVESTMENTS, INC.
WARRANTY DEED
INSTR 9547336
PARCEL 28
EXHIBIT
\2k \2603 \001 \dwgs\porcel28.dwg
SURVEY LINE MONU. 1322
PLAN SCALE
r= 30'
P.O.B. TEMP. ESMT.
PARCEL 28
N89'S5'00 E
50.17'
PROPOSED 48' 1/2 RA:W'L1NE
S13'4118 W
0.51'
ice` i
S15'54'41 "W
5.43'
24.32'
S89 W
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT (CROSS HATCHED) i
BOSTON MARKET
Engineering
Surveying
Landscape Architecture
GIS US
Geology
SURVEY LINE
N89 55'00 "E
1750.84'
1232.33'
S00 05'00 "E
48.00'
P.O.B.
PARCEL 28 ESMT.
L=400.00'
Z L SURVEY UNE MONU. 1321 R= 1145.92'
-u-);r) W Q SURVEY LINE
CEO
SURVEY LINE MONU. 24428
r Q
Z SW CORNER NOTE
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY LINE COORDINATES.
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