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HomeMy WebLinkAboutCarmel Drive - Kunz, Patsyvo o c 3(o n o EASEMENT AGREEMENT RECITALS Instrument 200200053388 A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton County. Indiana more particularly described as follows: See Exhibit A, which is attached hereto and incorporated herein See Exhibit B, which is attached hereto and incorporated herein 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: See Exhibit C, which is attached hereto and incorporated herein Cross Reference to Prior Deed of Record: Warranty Deed dated May 14, 1998 and recorded as instrument Number -9.8498-1-481 in the Hamilton County, Indiana Recorder's Office 5 ?cs 3 /'T 7 This Easement Agreement (this "Agreement is made and entered into this a day of )ianP 200 /by and between Patsy M. Kunz, Marion County, Indiana "Grantor and THE CITY OF CARMEL, INDIANA "Grantee B. Grantee, in connection with Grantee's improvement and widening of Pennsylvania Parkway (the "Project requires permanent landscape easements over a portion of the Grantor Parcel which permanent landscape easement area referred to as the "Permanent 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. 200200053388 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 07 -29 -2002 02:14 pm. EASEMENTS 36.00 2. Temporary Rights Acquired by 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 the 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 by 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 the event that a party breaches any such covenant or agreement, the other party may exercie 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). 7. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. IN WITNESS WHEREOF. Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR GRANTEE k Patsy. M. K STATE OF INDIANA SS: COUNTY OF /11 /3/2 I o N G :jn}.a r si ntof l N County, Indiana r�ti" c t t‘ 3 Bv: Printed: S•e 6 b l Zd -/A/& Title: Director of Administration Before me, a Notary Public in and for said County and State, personally appeared Patsy M. Kunz. Grantor and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. °Witness my hand and Notarial Seal this 6 rh day of &c ern d vir t f fir 7 If6a otary Public 2001. Mar ge/X ICdOO/ /IS "Printed Name STATE OF /ND/AA/4 COUNTY OF Mgli/CitzbAJ SS: Before me, a Notary Public in and for said County and State, personally appeared Joseph 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 2 /day of u /VG 2002 My commission expires: 06 0 I am a resident of MA RI County, Indiana 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. 4 Notary Public 7)• M9/ci✓tir,J Printed Name r THE 1 SCHNEIDER L. J CORPORATION East Carmel Drive Protect Parcel 27 Owner. Patsy M. Kunz Warranty Deed Instrument Number 9809831407 Landscape Easement Land Description 3020 North Post Rood Indianapolis, Indiana 40220 -0510 317 898 -8282 317 899 -0010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 27 EXHIBIT Engineering Surveying Landscape Architecture CIS LIS Geology Port 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 owners land identified as Parcel 27 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 comer of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 eeconde West (baste of bearings le from Instrument Number 9809831407, Office of the Hamilton County Recorder) along the west line thereof a dletance 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 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 minutea 00 seconds Eoet from said radius point; thence North 69 degrees 55 minutes 00 eeconde Eaet along said centerline a 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 eeconde East; thence easterly along Bold curve an aro dletance 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 minutee 00 eeconde Eaet along said centerline a dletance of 1080.12 feet to a point distant South 89 degrees 55 minutes 00 seconds West a distance of 890.73 feet from the Intereectlon of said centerline with the centerline of Keystone Way and being the grantor's northwest corner thence South 00 degrees 09 minutes 45 seconds Eaet along the grantor a west line a distance of 48.00 feet to the Point of Beginning; thence North 89 degrees 55 minutes 00 seconds East a distance of 2.04 feet; thence South 00 degrees 05 minutes 00 seconds Eaet a distance of 5.30 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 2.03 feet to the grantors west line; thence North 00 degrees 09 minutes 45 seconds West along grantor's west line a dletance of 5.30 feet to the Point of Beginning. Containing 11 square feet. Landscape Easement "B" Commencing at the southwest comer of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (baste of bearings le from Instrument Number 9809831407, 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 eeconde Eaet along said centerline a dletance 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 Bald curve and along said centerline on arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 eeconde Eaet from said radlue point; thence North 69 degrees 55 minutes 00 seconds Eaet along eofd centerline a dletance 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 eeconde East; thence easterly along said curve an arc dletance of 400.00 feet to a point bearing North 00 degrees 05 minutes 00 eeconde Weet from said radius point; thence North 89 degrees 55 minutes 00 eeconde Eaet along eald centerline a dletance of 1060.12 feet to a point distant South 89 degrees 55 minutes 00 eeconde West a dletance of 690.73 feet from the intersection of said centerline with the centerline of Keystone Way and being the grantor's northwest corner thence South 00 degrees 09 minutes 45 eeconde Eaet along the grantor's west line o dletance of 48.00 feet; thence North 89 degrees 55 minutes 00 eeconde Eaet a dletance of 22.32 feet to the Point of Beginning; thence continuing North 89 degrees 55 minutes 00 eeconde Eaet a distance of 38.22 feet; thence South 00 degrees 05 minutes 00 seconds Eost a dletance of 3.30 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 38.22 feet; thence North 00 degrees 05 minutes 00 eeconde Weet a dletance of 3.30 feet to the Point of Beginning. Containing 126 square feet. Landscape Easement "C" Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds Weet (baste of bearings is from Instrument Number 9809831407, 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 eeconde Eaet along said centerline a dletance 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 dletance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 seconds Eaet from eald radius point; thence North 69 degrees 55 minutes 00 eeconde Eaet along said centerline a dletance 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 eeconde Eaet; thence easterly along said curve an arc distance of 400.00 feat to a point bearing North 00 degrees 05 minutes 00 seconds Weet from said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 1060.12 feet to a point dtstaht South 89 degreee 55 minutes 00 seconds West a distance of 690.73 feet from the intersection of said centerline with the centerline of Keystone Way and being the grantors northwest comer thence continuing North 89 degrees 55 minutes 00 seconds Eaet along said centerline and the grantors north line a dletance of 172.21 feet to the grantors northeast comer, thence South 00 degrees 05 minutes 00 eeconde Eaet along the grantor's east line a distance of 48.00 feet" to the Point of Beginning; thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 3.30 feet; thence South 89 degrees 55 minutes 00 seconds West a dletance of 61.65 feet; thence South 45 degrees 06 minutes 20 seconds West a distance of 9.31 feat; thence South 89 degrees 55 minutes 00 seconds West a distance of 3.02 feet; thence North 00 degrees 05 minutes 00 eeconde West a dletance of 9.86 feet; thence North 89 degrees 55 minutes 00 seconds East a dletance of 71.28 feet to the Point of Beginning. Containing 277 square feet. J: \2k \2603 \001 \dwgs TSC #2603.001 Sheet of 3 re:1 THE SCHNEIDER L J CORPORATION SURVEYOR'S REPORT SURVEYOR'S STATEMENT nt Re eyed Land Surveyor May 11, 1999 #S0389 j \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 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. Coordinate 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 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 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 Way 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 various physical features shown on the Route Survey were .located by Woolpert Consultants in conjunction with an earlier phase of the Carmel Drive protect. 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 corner 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. 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 my supervision and completed on February 25. 1999. %a �S `T• �ST •Q No. S0389 STATE OF 3 plAN P.• NO suR r d it Engineering Surveying Landscape Architecture GiS LIS Geology TSC #2603.001 Sheet ,t of 3 0..: r c.Y:t:y 0 0 0 0 0 0 0 r� THE SCHNEIDER L J CORPORATION BR BOC N 9972.9605 E 11706.9352 CARMEL DRIVE rn MONUMENT 1322 REFERENCES (MAG NAIL) 16.4 MONUMENT 1325 REFERENCES (5/8° REBAR) CENTERIJNE REFERENCE DATA a N 10027.0422 E 10005.9308 ROUTE SURVEY CONTROL EXHIBIT 0 CUT 'X ON CUR R.R. SPIKE AT CL INTER. \2k \2603 \001 \dwgs \REPT11ES.dwg 3020 North Post Road Indianapolis, Indiana 46228 -8518 317- 898 -8282 317 899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX MANHOLE 1.py CARMEL DRIVE N •8025.3349, E =8425.3496, SECTION 31, SW COR., SW 1/4 N =9777.8741, E- 8392.3395. CL INTERSECTION N =9778.7457, E =8992.3388, CL POC N- 9848.4225, E =9384.1658, CL POT N= 9930.3232, E =9608.1731, CL POC N- 10000.0000, E= 10000.0000, CL POT (R.R. SPIKE FD.) N =10002.5436, E =11750.8389, CL INTERSECTION (R.R. SPIKE FD.) 50 o 20 ao 1 1• BR BC 17.4' u Engineering Surveying Landscape Architecture GIS LIS Geology ASSUMED NORTH 1 inch 50 !t. MONJMENT 24428 REFERENCES (5/8 REBAR W /SEC CAP) Ciira N 9738.6139 E 8891.9166 MERIDIAN MORTGAGE GROUP MONUMENT 1321 REFERENCES (5 /81REBAR W /WOOLPERT CAP) GO, .II.•I TSC #2603.001 Sheet 3. of tLi z rd 7 THE SCHNEIDER L CORPORATION tO NI CO P 0' z 1060.12' N89'55'00 "E 20.28 L=400.00' R= 1145.92' N89'55'00 "E 600.00' w c p SW CORNE SEC.31 T101 J: \2k \2603 \001 \dwgs\por27LSE.dwg PROPOSED LANDSCAPE ESMT. (CROSS HATCHED) 3020 North Post Rood Indianapolis, Indiana 48226 -8518 317 -898 -8282 317 899 -8010 FAX 317- 895 -2803 RESIDENTIAL SURVEYING FAX 1232.33' N89'55'00 "E 172.21' P.O.B. PARCEL 27 LS.E. "A" CARMEL DRIVE N89'55'00 "E P.O.B. PARCEL 27 2.04' P.O.B. PARCEL 27 LS.E. "C" L.S.E. 8 PROPOSED 48' 12 R.O.W. LINE 0 38.22' 1 S89 55'OO" W PARCEL 27 RECORD OWNER PATSY M. KUNZ WARRANTY DEED INSTR. 9809831407 t�l cD M O pi O Kj Q it) P 0 0 z by Nvi o) to 'BURGER KING SURVEY UNE MONU. 1322 PARCEL 27 EXHIBIT 0 SURVEY UNE MONU. 1321 SURVEY UNE SURVE UNE MONU. 24428 V--u- PLAN SCALE 1'= 30' /61'65' -S89'55'°0.0 "W t NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERUNE AND SURVEY UNE COORDINATES. Engineering Surveying Landscape Architecture GIS US Geology SURVEY UNE N89'55'00 -ct 1750.84' 1 1060.12' S00'09'45"E/ 48.00' 1 P.O.B. 27 LS.E. "A" L= 400.00' R =1145.92' w 0 0 in M0 Kit) w z TSC #2603.001 Sheet 1 of .l ri1 THE 4 SCHNEIDER CORPORATION East Carmel Drive Project Parcel 27 \2k \2603 \001 \dwgs \parce127.dwg 3020 North Post Road Indianapolis. Indiana 46226 -8518 317 -890 -8282 317 -899 -8010 FAX 317 895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 27 EXHIBIT "C" Engineering Surveying Landscape Architecture GIS LIS Geology Owner: Patsy M. Kunz Warranty Deed Instrument Number 9809831407 Temporary Construction Easement Land Description Port 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 port of the owner's land identified as Parcel 27 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 9809831407. Office of the Hamilton County Recorder) along the west line thereof o 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 a radius of 1145.92 feet. the rodius 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 a distance of 238.51 feet to the to the point of curvature of o curve having a radius of 1145.92 feet, the radius point of which beors South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to o point bearing North 00 degrees 05 minutes 00 seconds West from said rodius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 1060.12 feet to a point distant South 89 degrees 55 minutes 00 seconds West o distance of 690.73 feet from the intersection of said centerline with the centerline of Keystone Way, thence continuing North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 172.21 feet; thence South 00 degrees 05 minutes 00 seconds East a distance of 48.00 feet to the Point of Beginning; thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 2.99 feet; thence North 89 degrees 57 minutes 18 seconds West a distance of 3.52 feet; thence South 01 degrees 06 minutes 42 seconds East a distance of 38.86 feet; thence South 89 degrees 45 minutes 16 seconds West a distance of 2.58 feet; thence North 04 degrees 20 minutes 03 seconds West a distance of 2.59 feet to a point on a non tangent curve having a radius of 11.66 feet, the rodius point of which bears South 84 degrees 48 minutes 23 seconds West; thence northerly along said curve on arc distance of 8.08 feet to a point bearing North 45 degrees 07 minutes 16 seconds East from the radius point; thence North 44 degrees 52 minutes 44 seconds West a distance of 38.59 feet; thence South 47 degrees 46 minutes 45 seconds West a distance of 31.58 feet; thence North 86 degrees 23 minutes 31 seconds West a distance of 51.05 feet; thence South 89 degrees 45 minutes 16 seconds West a distance of 61.63 feet to the grantors west line; thence North 00 degrees 09 minutes 45 seconds West along said west line a distance of 22.78 feet; thence North 89 degrees 55 minutes 00 seconds East parallel with the south right of way line of Carmel Drive a distance of 172.14 feet to the Point of Beginning. Containing 3719 square feet. TSC #2603.001 Sheet of 3 re-1 THE L SCHNEIDER L J CORPORATION SURVEYOR'S REPORT 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 additional permanent right of way and Temporary right of way 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 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 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 ollow 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 Mog 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 o 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 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 con 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 Way 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 various physical features shown on the Route Survey were located by Woolpert Consultants in conjunction with an 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 at the southwest corner of the southwest quorter 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 bosed on the prior Iocotion, 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 estoblished 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 my supervision and completed on February 25, 1999. Gary R. Ke Register Land' Surveyor #S0389 Q N March 9, 1999 0 g S 0339 r SPATE O ADIP ?P pQ j: \2k \2603 \001 \dwgs 30F 4 SHT.dwg 3020 North Post Road Indianapolis, Indiana 48226 -8518 317- 898 -8282 317- 899 -8010 FAX 317- 895 -2803 RESIDENTIAL SURVEYING FAX Engineering Surveying Landscape Architecture GIS LIS Geology TSC #2603.001 Sheet of 3 r THE 6 SCHNEIDER L CORPORATION _BR B0C tai N 9972.9605 8 B 0 0 0 0 rn N t...,..It......mnL 16.4.\ MONUMENT 1322 REFERENCES (MAC NAIL) re h w ff>f; o (P1 r CARMEL DRIVE E 11706.9352 MONUMENT 1325 REFERENCES (5/8" REBAR) CENTERLINE REFERENCE DATA j: \2k \2603 \001 \dwgs REPTTIES.dwg 3020 North Post Road Indianapolis. Indiana 46226 -6516 317 -898 -8282 317 -899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX ROUTE SURVEY CONTROL EXHIBIT 0 N 10027.0422 E .10005.9308 CARMEL DRIVE ,uunummnnnmm R.R. SPIKE AT CL INTER. ON CURB"' "`at�mnm n,n:nttnn Tvv'wY•••r 14= 8025.3349, E= 8425.3496, SECTION 31, SW COR., SW 1/4 N= 9777.8741, E= 8392.3395. CL INTERSECTION N= 9778.7457, E= 8992.3388, CL POC N= 9848.4225. E= 9384.165$. CL POT N= 9930.3232. E= 9608.1731, CL POC N= 10000.0000, E= 10000.0000, CL POT (R.R. SPIKE FD.) N= 10002.5436, E= 11750.8389, CL INTERSECTION (R.R. SPIKE FD.) 1. na:1 LX.: I :.l.:.n,m:nimlenranatom:n::mintrm twit 11,114116. CARMEL DRIVE T 3 BR BC CARMEN" p R1VE 17.4 MON MENT 24428 REFERENCES (5/8" REBAR W /SEC CAP) u dig. BC Engineering Surveying Landscape Architecture GIS LIS Geology 50 0 ZS 50 N 9781.7339 E 9266.1447 ASSUMED NORTH 1 Inch 50 fL ICOR. BC E 8891.9166 a+::n^ ea :ffiHfaflff LANDMARK RICHARDS BUILDING MONUMENT 1321 REFERENCES (5/8 "REBAR W /WOOLPERT CAP) onnn :mm�nm,mnnummner.T.t.^aasc C O R. BC N 9738.6139 MERIDIAN MORTGAGE GROUP i i,f fn ir aff O$,f iifi COR. BC k i1 TSC #2603.001 Sheet 3 of .3 i V) w J THE 6 SCHNEIDEft L J CORPORATION 1060.15' N89'55'00 "E N89'55'00 "E 600.00' L= 400.00' R= 1145.92' SW CORNER SEC.31- T18N -R4E F \2k \2603 \001 \dwgs 1232.36' N89 "E CARMEL DRIVE PROPOSED TEMPORARY CONSTRUCTION P.0.B. TEMP. LIMITS EASEMENT (CROSS HATCHED) PARCEL 27 PROPOSED 48' 1/2 R.O.W. LINE ,7;31 7V 61.63' 51.05' 31.58' S89'45'16 "W N86'23'31 "W S47'46'45 "W 4 38:59' 4 144 "W PARCEL 27 RECORD OWNER PATSY M. KUNZ WARRANTY DEED INSTR. 9809831407 SURVEY LINE MONU. 1322 SURVEY LINE 0 89 "E 1750.84' 0 0 0 iN 0 L SURVEY LINE MONU. 24428 3020 North Post Road Indianapolis, Indiana 46228 -6518 317 -898 -8282 317- 899 -8010 FAX 317- 895 -2803 RESIDENTIAL SURVEYING FAX N89t5'00 "E oo N 62 3a 51 172.21' 1 SURVEY UNE MONU. 1321 SURVEY LINE PARCEL 27 EXHIBIT 7 /172.14' BURGER KING L=8.08! R= 11.66' PLAN SCALE r= 30' N0420'03 "W 2.59' S89'45'16 "W 2.58' NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. Engineering Surveying Landscape Architecture GIS LIS Geology 1060.12' r S00'05'00 "E 40.00' P.O.B. —ter PARCEL 27 ROW L=400.00' R= 1145.92' W W o 0 Pb 0 in o ;n P rno 0 NN N3 i tCO ri n in rn CO CO r W N CO nt to 0 0 W W TSC #2603.001 Sheet 1 of