HomeMy WebLinkAbout06110007 ALTA Survey Rcv. 114/3/2006 DOCSCD
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LAND DESCRIPTION
(Per Record Instrument #200300028291 )
A part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East of the Second
Principal Meridian in Clay Township. Hamilton County, Indiana, more particularly described as
follows:
Commencing, at the southwest corner of the Southwest Quarter of Section 6, Township 17 North,
Range 3 East!ofthe Second Principal Meridian in Clay Township, Hamilton Coun•v. Indiana;
thence N orth'89 degrees 12 minutes 24 seconds East (Assumed Bearing;) 1085.12 feet along the
south line of said quarter section to a PK Nail marking the point of intersection of the centerlines
of U.S. Highway #421' and 106th Street said nail is also the Point of Beginning of the herein
described tract; thence; continuing North 89 degrees 12 in inutes 24 seconds EAST 53.24 feet
along the south line of said quarter section to a PK nail on the east right -of -way line of U.S.
Highway 0411 ; thence North 20 degrees 52 minutes 39 seconds W est 72.92 feet along said east
right -of -way line to a 5/8" diameter iron rebar with a yellow cap marked "W eihe Engr. 0012"
(capped rebar) and the, point of intersection of said cast right -of -way line and the north right -of-
way line of 106th Street; thence South 55 degrees 49 minutes 52 seconds East 40.98 feet along the
north right -of -way line of 106th Street to an unmarked iron rebar; thence North 89 degrees 12
minutes 24 seconds East 341.62 feet along said north right -of -way line, parallel with the south
line of said quarter section, to a capped rebar; thence North 18 degrees 08 minutes 25 seconds
W est 427.53 feet to a capped rebar; thence North 69 degrees 40 minutes 1 I seconds East 285.25
feet to a capped rebar;:thence North 20 degrees 52 minutes 47 seconds W est 624.60 feet to a
capped rebar; thence South 89 degrees 1 2 minutes 24 seconds West 258.48 feet to a capped
rebar; thencelSouth 69 degrees 40 in inutes I 1 seconds W est 450.08 feet to a point on a non
tangent curve concave to the northeast having a radius of 17,187.91 feet and from which a radius
point bears Njorth 70 degrees 46 minutes 39 seconds East, said curve is coincident with the
centerline of.0 S. Highway #42 1 (M ichigan Road); thence southeasterly along said curve and
centerline 496.47 feet to a PK Nail marking the point of tangen.cv of said curve which bears South
69 degrees 07 minutes 21 seconds W est from said radius point; thence South 20 degrees 52
minutes 41 seconds East 549.30 feet along said road center line to the Point of Beginning, said
Tract contains' 14.5 3 8 acres, more or less.
EXCEPTING therefrom that portion of real estate conveyed to the State of Indiana in special
warranty deed recorded as instrument No. 200000052303 and described as follows:
Commencing' at the Southwest corner of said Section, designated as point "45" on the Location
Control Route Survey!Plat recorded in Instrument 99709734756, in the Office of the Recorder of
said County;,thence North 89 degrees 25 minutes 59 seconds East 346.931 meters (1 138.23 feet)
(1 138.36 feetdeducedjfrom Instrument #9648035) along the South line of said Section to the
prolonged Eastern boundary of U.S.R. 421; thence North 20 degrees 36 minutes 57 seconds West
22.226 meters (72.92 Feet) along said prolonged Eastern boundary to the Point of Beginning of
this description, which point is where the Eastern boundary of said U.S.R. 421 meets the
Northeastern-boundary of the intersection of said U.S.R. 42 1 and 1061h Street; thence North 20
degrees 36 in 57= seconds West 150.742 meters (494.56 feet) along said Eastern boundary of
U.S.R. 421; thence along said boundary Northwesterly 151.198 meters (496.05 feet) along an arc
to the right and having a radius of 5267.150 meters (17280.68 feet) and subtended by a long chord
having a bearing of North 19 degrees 47 minutes 37 seconds West and a length of 151.192 meters
(496.04 feet)'.to the Northern line of the owner's land; thence North 69 degrees 53 m inutes 46
seconds East14.881 meters (16.01 feet) along said Northern line of the owner's land; thence South
19 degrees 18 minutes 40 seconds -East 78.648 meters (258.03 feet) to point "771" designated on
said Right -of W ay Parcel Plat; thence South 22 degrees 55 minutes 02 seconds East 39.891
meters (130.88 feet) to point "770" designated on said Plat; thence South 13 degrees 27 minutes
20 seconds East 32.904 meters (107.95 feet) to point "769" designated on said Plat; thence South
20 degrees 36 minutes 57 seconds East 67.216 meters (220.53 feet) to point "768" designated o.n
said Plat; thence South 26 degrees 39 minutes 36 seconds East 85.475 meters (280.43 feet) to
point "767" designated on said Plat; thence South 57 degrees 06 minutes 27 seconds East 17.792
meters (58.37 feet) to point "766" designated on said Plat, which point is on the North boundary
of said 106'h Street; thence South 89 durees 25 minutes 59 seconds West 16.164 mciers (53.03
feet) along said North boundary of 106' Street to said Northeastern boundary of the intersection
of U.S.R. 421 and 100h Street; thence North 55 degrees 34 minutes 26 seconds West 12.491
m eters (40.98 feet) along said Northeastern boundary of said intersection to the Point of
Beginning and containing 0.1702 hectares (0.420 acres), more or less.
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ALSO EXCEPTING therefrom, at the request of the Client, the following; portion of the real
estate within llnstrum ent Number 200300028291:
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A part of the IS outhw es't Quarter of Section 6, Township 17 North, Range 3 East located in Clay
Township, Hamilton County, Indiana, described as follow =s:
Commencing at the railroad spike at the southeast corner of the Southwest Quarter of Section 6,
Township 17` North, Range 3 East; thence South 89 degrees 12 in incites 24 seconds West
(assumed bearing) 1381.48 feet along the south line of said Southwest Quarter (tire south line of
said Southwest Quarter being established in agreement with information found on the plat of "The
Park at Westbn P1ace,iSection One" (instrument ""9537316, Plat cabinet 1, Slide 558) and a sur<,ey
of the parentitract by W eihe Engineers, Inc., dated July 21, 2002); thence North 00 degrees 47
minutes 36 seconds W :est 743.23 feet to a MAG nail at the POINT OF BEGINNING ofthis
description; thence South 69 degrees 03 minutes 5 1 seconds W est 120.00 feet to a 5/8 -inch iron
rod with yellow cap stamped Miller Surveying; thence North 20 degrees 56 minutes 09 seconds
West 1 80.00 Meet to a cut 'X ': thence North 69 degrees 03 minutes 51 seconds East 120.00 feet to
a 5/8 -inch iron rod with yellow cap stamped M iller Surveying; thence South 20 degrees 56
minutes 09 seconds East 180.00 feet to the POINT OF B EG iN N IN G. Containing 0.496 of an
acre, more or, less. (.Sec Surveyor's Notes for additional in.jormation on this proposed outlot)
Subject to a grant of easement in favor of Indianapolis W ater Company, an Indiana corporation,
dated May 4 1995 and recorded M ay 22, 1995 as Instrument i =9536024 in the Office of the
Recorder of Hamilton County, Indiana. (Schedule B Item No.
Subject to a sanitary sewer easement per record Instrument P,90-7941 as recorded in the Office 'of
the Hamilton! County Recorder. (Schedule B Item No. 13)
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Subject to a Tree Trim m ing Perm it, in favor of Public Service Corn pany of Indiana, dated M arch
18, 1952 andirecorded July 26, 1952 in Deed Record 137, page 359 in the Office of the Recorder
of Hamilton County, Indiana. (.Schedule B Item N9. 10)
Subject to all other record and non - record easements, restrictions, agreements, and rights -of -way.
SURVEYOR'S NOTE:
The current description for the surveyed tract as contained in instrument .4 200300028291 is the
corrected description of the one contained in Instrument # 96- 48035. This current description
corrected scrivener's errors discovered during the course of the prior survey performed by W eilie
Engineers, I �c. (Job #03 -01 21 ).
At the request of the client a proposed 0.496 -acre outlot, which is located within the surveyed
parcel, has been shown on the accompanying plat of survey per an iinrecorded, third -party ALTA
survey performed by > l filler Surveying, inc. in October 2005. M onumentation found at the corners
of this proposed outlo't is shown on the accompanying plat.
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ZONING
The surveyed tract currently lies within two different categories of zoning per the map titled
"Official Zoning Map for the City of Carmel and Clay Township, Hamilton County, Indiana last
modified October 31, 2002 per Resolution CC -1 1- 05 -01 -09 dated November 5, 2001 ". The
categories are the underlying primary B -2 /Business District and the U.S. Highway 421 —
M ichigan Road Corridor Overlay Zone. The following inform ation is based upon the City of
Carmel and Clay Township Zoning Ordinance dated 2004 and is provided at the client's request.
Chapter 13: B -2 Business nistrict Zoning
Building Height: Sixty (60) feet (Maximum Height) 13.4.1
ivI inimum Front Yard: None for all uses except residential 13.4.2
M inimum Side Yard: Any business use located in a block or parcel which includes or adjoins a
residential district or use which is located on a corner — five (5) feet. 13.4.3
M inimum Aggregate of Side Yard: Any use that requires a minimum side yard of five (5) feet
— ten (10) feet. 13.4.4
M inimum. Rear Yard: Fifteen (15) feet for all uses except residential. 13.4.5
M inimum Lot W idth: Fifty (50) feet. 13.4.6
M inimum Lot Size: All lots shall contain a minimum of 7,000 square feet for all business uses
when serviced by a community water supply and sanitary sewer system. 13.4.7
M inimum Ground Floor Area: 900 square feet for all uses except residential. 13.4.8
1%7 aximum Lot Coverage: Ninety percent (90 %) of lot except residential and multiple - family
dwelling.
Parking Space Requirements: Grocery Store — One space per 200 square feet of gross floor
area. 27.5 (Chapter 27 of the referenced zoning ordinance)
Chanter 23C: U.S. Highway 421 — M ichigan Road Corridor Overlay Zone
23C.8 Height and Area Requirements
23C.8.1 Building Height:
'Minimum: The height of new principal buildings shall be at least one and one -half (I
1/2) stories, or be designed to appear so from the front and sides. Retail and office
buildings are encouraged to be two (2) stories or more in height, with office or
residential uses on the second floor. The minimum height for all buildings shall be
twenty (20) feet, either at the roofline or at the top of the parapet wall. 23C.9.0
M aximum: As specified in primary underlying zoning district
23C.8.2 Front Yard for Parcels with Frontaee on U.S. 421 Right -of -W ay:
M inimum: Thirty (30) feet, measured from the U.S. Highway 421right -of way. This
measurement shall include the mandatory thirty (30) foot Greenbelt.
M aximum: One hundred twenty (120) feet, measured frorn the U.S. Highway 421
right-of-way. This measurement shall include the mandatory thirty (30) foot Greenbelt.
23C.8.3 Minimum Side and Rear-Yards:
Next to existing residence(s) or undeveloped residential zone: fifty (50) feet or two (2)
times building height, whichever is greater.
23C.8.4 Minimum Gross Floor Area: All principal commercial buildings shall have a minimum
of two thousand five hundred (2,500) square feet of gross floor area, excluding the floor area of
any basement of any accessory buildings. Accessory buildings need not meet the minimum floor
area requirement.
23C.1 1 Parking Requirements: See Chapter 27 of the referenced Zoning Ordinance.
NOTE: The above described minimum criteria is per said ordinance only and does NOT
represent any variances which have been approved by the various Hamilton County officials
and /or agencies.
GENERAL NOTES:
THiS SURVEY WAS PERFOR'NI ED WITH THE BENEFIT OF A CURRENT LAND
TITLE INSURANCE COM M ITIVI ENT FROM CHICAGO TITLE INSURANCE
COMPANY, COM M ITM ENT NO. 05100183C, DATED OCTOBER 17, 2005.
• Item No. 10 of Schedule B thereof references a tree trimming permit in favor of Public
Service Company of Indiana recorded July 26, 1952 in Deed Record 137, Page 359. This
item is NOT- plottable; however, it has been referenced in a note on the plat of survey.
Item No.'s I l and 13 have been plotted on the plat of survey as applicable.
• Item No. 12 (Grant of Easements-with Covenants and Restrictions) was reviewed for this
survey. The only items plottable from the referenced documents were the "approximate
locations" of the "KEP" and "M RI" Access drives as shown on the plat of survey.
• Item No. 15 is a Reciprocal Ingress /Egress Easement Agreement subject to and in favor of
Mundy Realty and BD Michigan Road Development, LLC. To the extent shown, the
"Connection Point" easement per Instrument No. 2005 -24923 is shown on this plat of survey.
_Attention is called-to-the fact that there is a scrivener's error in Exhibit "C" of said Instrument
#2005- 24923. The distance alone the curve centerline reads 20.67' in the description It
should read 496.48' based upon the bearing of the radial line ( "North 71 degrees 45 minutes
15 seconds East ") from the endpoint to the radius Roint of said curve.
1 . During the course of the previous survey of this site, inquiries into whether off -site storm
water was being drained on or through the Marsh property were addressed. Based upon the
proposed invert grades of the storm pipes in this area, this is NOT feasible. Furthermore,
upon observation in the field by the undersigned, the water from the on -site lakes drains to
the south through the corrugated metal pipe running underneath 106'h Street into what
appears to be the road right -of -way drainage ditch on and along the east side of Michigan
Road (U.S. 421). Item Number 17 of said comments inquires whether on -site storm water
drainage is being routed to the "KEP" pond located east of the subject premises. Again,
observation in the field and review of engineering plans by the undersigned, indicate that the
on-site storm water is being discharge as previously stated. As indicated on the attached plat
of survey, the telephone service for the Marsh store appears to be supplied by a buried
telephone cable which lies in a platted utility easement shown on the record plat of The
Village At W eston Place, Section Two recorded as Instrument #96 -26949 in Plat Cabinet No.
1, Slide 686 in the Office of the Hamilton County Recorder. Said cable appears to be tied
into'a "public line" which lies in the east right -of -way of Michigan Road (U.S. 42 1 ) and
approximately 114 to 1/2 mile north of the Marsh property. Tile location of this buried cable
was NOT located for this survey. Any further rights regarding this line or the easement in
which it lies should be researched with the governing telephone corn pany or a title insurance
company.
2. The zoning classification for the surveyed real estate, as established by governmental record
and its corresponding setback requirements, has not been shown graphically on this survey.
See the above section on zoning which outlines the minimum requirements for the surveyed
parcel per the City of Carmel and Clay Township Zoning Ordinance dated 2004.
3. The described real estate DOES NOT lie within a Special Flood Hazard Zone A as plotted
by scale on the Federal Emergency Management Agency, National Flood Insurance
Program, FIRM (Flood Insurance Rate Map) Community -Panel Number 180080 for
Hamilton County, Indiana (Map Number 18057CO205F), dated February 19, 2003. This
statement is based upon the review of the applicable FIRM map and shall not be construed as
a confirmation or denial of flooding potential for the survey premises. Attention is called to
the fact that there are substantial uncertainties associated with said map and with information
taken therefrom. Attention is also called to the fact that the FIRM maps are periodically
revised acrd may he superseded by suhseguent revisions.
4. Per information supplied by the Surveyor's Office of Hamilton County, Indiana, NO legal
(regulated) drains directly affect the surveyed real estate. However, the surveyed tract(s) may
be assessed an annual fee by the county for maintenance of nearby legal (regulated) drains
which do not necessarily directly affect the surveyed parcels.
5. The underground utilities depicted on the attached plat of survey are based upon above
ground evidence (including but not limited to manholes, inlets, and marks made upon the
ground by others) and are speculative in nature. There may be underground utilities for
which there %vas no above ground evidence which exist or were observed. The path of the
utility lines shown on this plat of survey should be considered approximate until they are
either relocated, by calling the Indiana Underground Plant Protection Service at 1- 800 -382-
5544 or until they arc excavated to verify the location and path of the utility lines. This
surveyor makes no guarantee that the underground utilities shown comprise all such utilities
in the area, either in service or abandoned and does not warrant that they are shown in the
exact location specified.
6. Possession lines referenced at monumented corners only. Possession lines may vary between
said corners.
7. Per the U.S. Department of the-Interior - Fish and Wildlife Service - National Wetlands
Inventory Map dated 1990 and titled "Carmel, Indiana ", the subject real estate is NOT
located within a wetlands area as plotted by scale on said snap.
8. As used in this survey, certify means to state or declare a professional opinion of conditions
regarding those facts or findings which are-the subject of the certification and does not
constitute a warranty or guarantee, either express or implied. .
9. U.S. Highway 421 (Michigan Road) was under extensive construction at the time this survey
was performed.
10. No warranty, either express or implied, is made as to the accuracy or completeness of
informatior 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 W eihe 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: Marsh Supermarkets c/o Steve Bickel
Job Number: W 050748
Type of Survey: American Land Title Association (ALTA) Survey
Class of Survey: Class C Survey (865 IAC 1.12)
Field W ork Completed: October 2005
Location of Survey: Northeast Corner of 106'x' Street and U.S. 421 (Michigan Road)
Note: The Theoretical Uncertainty of the corners of the subject tract, established this survey, is
within the specifications for a Class C Survey ( +1-0.50 foot) as defined in 865 IAC 1.12.
(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:
I. 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 M easurements (Theoretical Uncertainty)
Tote: There may exist unwritten rights associated with these uncertainties.
Attention is called to the fact that in many locations, the original section cornets 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.
AVAILABILITY and CONDITION OF REFERENCE MONUMENTS
This survey is an update and recertification of prior ALTA surveys completed for M arsh
Supermarkets / Village Pantry by W eihe Engineers as Jobs #W 03 -0121, dated M ay 2, 2003; and
#W02 -0387, dated July 31, 2002. A cursory check of the surveyed parcels was completed by
Weilie Engineers personnel on October 18, 2005. No apparent changes in existing improvements
and /or perimeter evidence of occupation /possession to the subject parcels were observed at the
time of this check. A magnetic nail was set at the interior corner of the surveyed tract near the
center of the south end of the Nlarsh parking lot. Additional monuments were set at the corners of
the exception (Instr. No. 2000 - 52303) as shown on the accompanying plat of survey. The
following surveyor's report is an update of that which was written-for the ALTA survey
completed in July, 2002 and subsequently recertified in klay, 2003.
SURVEYOR'S REPORT
The perimeter of the surveyed tract was reestablished based on prior survey work performed by
W eihe Engineers, record deed information as obtained from the Office of the Recorder of
Hamilton County, Indiana, and the location of the south line of the Southwest Quarter of Section
6, Township 17 North, Range 3 East iii Hamilton County, Indiana.
During the course of the fieldwork performed for this survey, Weihe Engineers field personnel
reestablished and "tied -in" the south line of the Southwest Quarter of said Section 6. A railroad
spike, marking the southeast corner of the Southwest Quarter of said Section 6 as per section
corner reference ties obtained from the Office the Hamilton County Surveyor, was found on or
near the center of road pavement for I06'h Street. Several existing physical monuments (e.g. iron
rebar, pipes, etc.) were found near the "calculated" southwest corner of the Southwest Quarter of
Section 6 (see D etail "A" on sheet # 1). The stone as referenced on the section corner reference tie
for this corner was NOT found and is presumed to have been destroyed or even lost due to the .
placement of a nearby underground electrical conduit running from an adjacent power pole on the
north side of 106'" Street to a commercial subdivision on the south side of 106'h Street. An iron
rebar with an aluminum cap marked "American Consulting Engineers" was accepted as being the
best location of this section corner based on prior survey work performed by American
Consulting Engineers (ACE) as job no.'s 90 -220 and 92 -981 1 respectively.
According to the surveyor's report written for ACE Job No. 90 -220 (last revised August 27,
1999), this rebar had been set + / -0.02 feet south and +/ -0.23 feet west of the calculated location of
the southwest corner of the Southwest Quarter of said Section 6. Said rebar had been set based
upon the record plat of Park Northwestern (Plat Book 8, Pages 128 -132 Hamilton County
Recorder's O ffice) as being 5.28 feet northerly of the northeast corner of Section 12, Township 17
North, Range 2 East, Boone County, Indiana. Old government survey notes indicate that there is 8
links (5.28 feet) falling between the northeast corner of the Northeast Quarter of Section 12,
Township 17 North, Range 2 East and the southwest corner of Section 6, Township 17 North,
Range 3 East. The inverse or measured distance between the ACE rebar and the railroad spike
found at the southeast corner of said southwest quarter was within +/ -0.05 feet of that distance
shown on a W eihe survey (Job #95 -490, dated June 6, 1995) of the northeast corner of 106'h
Street and U.S. 421 (M ichigan Road). This surveyor consulted with Mr. Jeff Powell of the
Hamilton County Surveyor's Office regarding the perpetuation of this section corner. He
concurred that the original stone had most likely been removed during the aforementioned utility
work and that the ACE rebar was the best evidence to date of the -location of the southwest corner
ofsaid Section 6. Nlr. Powell said that at a future date ire would attempt to set a Harrison
N1 onument at the calculated position ( +/ -0.02 feet north and + /- 0.23'feet east) of the existing rebar
so that future surveyor's could easily locate and identify said section corner.
The locations of existing corner inonumentation (i.e. iron rebars, PK nails, etc.) in relation to the
calculated corners are shown on this plat of survey. Where no existing monumentation was found,
W eihe field personnel set 5/8 -inch diameter iron rebars with plastic yellow caps (or equivalent)
marked "W E IH E EN GR. 0012" at said corners.
CLARITY and /or AINTBIGUITY OF RECORD DESCRIPTIONS
The record descriptions for the adjoining real estate were obtained from the Ham ilton Count Y
Recorder's 0 ffice all m athem atically 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 tract due to clarity
and /or ambiguity of record descriptions.
OCCUPATION or POSSESSION LINES
At the time the fieldwork was completed for this survey, there was no physical evidence (i.e.
fences, buildings, tree rows, etc.) on, near or along the perimeter lines of the surveyed tract except
as shown upon this plat of survey.
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: +/ -0.3 feet
Due to Uncertainties in the record descriptions: None
Due to Inconsistencies in lines of occupation: See Above
H : \2005 \W 050748 ,W 050748— Report.doc
ALTA /ACSM CERTIFICATION
To: Mundy Realty, Inc., Chicago Title Insurance Company, and Bank of America, N.A., its
successors, nom inees and assigns:
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 Title
Surveys," jointly established and adopted by ALTA, ACSM and NSPS in 1999 and includes items
1 -4, 6, 7(a,b -I,c), 8 -10, 1 1(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 M easurem ents Which Control Land Boundaries
for ALTA /ACSM Land Title Surveys.
LENDER'S CERTIFICATION
The undersigned hereby certifies to Bank of America, N.A., its successors, nominees and assigns,
with respect to the survey map dated November 8, 2005 and entitled "ALTA /ACSM Survey for
Marsh Supermarket/ Village Pantry (Store #21)" by W eilre Engineers, Inc. and last revised
November 8, 2005 as follows:
0.) The snap and the survey on which it is based were made (a) in accordance with:
"Minimum Standard Detail Requirements for ALTA /ACSM Land Title Surveys" jointly
established and adopted by ALTA and ACSM in 1999, and includes items 1 -4, 6, 7(a,b-
1,c), 8 -10, 1 l (a & b), and 13 of Table A thereof, and (b) pursuant to Accuracy
Standards (as adopted by ALTA and ACSM and in effect on the date of this
Certification) of an Urban Survey, anal complies with all applicable laws of the
,jurisdiction in which the subject property lies.
(ii.) That the survey is an accurate survey of all of the real property legally described
therein.
(iii.) That survey map properly and accurately indicates and locates: (a) all improvements on
the real property as of the date of this survey; (b) utility connections for power,
telephone, storm drainage, sanitary waste disposal and drinking water; and (c)
foundations, parking spaces, loading docks and other structures and improvements on
the property surveyed.
(iv.) 1'ha: the survey map was prepared under the direct supervision and control of the
undersigned from an actual instrument survey made of the real property legally
.1escribed therein.
(v.) that there are N O cncroachm ents across record lines either from the subject property
or_to others or from others onto the subject property.
(vi.) That the survey map properly designates and locates all visible or recorded easements,
rights -of -way, party walls and restricted areas as of the date of the survey and areas
affected by other matters, if any, listed on title insurance commitment 905100183C
issued by Chicago Title Insurance Company dated October 17, 2005.
(vii.) Legally sufficient ingress and egress to the subject property as provided by U.S.
Highway 421 (Michigan Road), and W est 106 Street upon which the property abuts,
the same being paved and public streets, as to which the property surveyed has an
absolute right to use.
(vi'ii.) The property surveyed is NOT located in an area designated as a Special Flood Hazard
Area (SFHA) by the United States Department of Housing and Urban Development and
FEMA Flood Insurance Rate Maps and lies in a Zone "X" SFHA (areas determined to
be outside 500 -year floodplain). See General.Note No. 3.
(ix.) To the extent shown on the survey map, the property may service adjoining real estate
• parcels for ingress and egress (see note near the northwest and southeast corners of the
subject tract).
(x.} That the land a3 shown on the survey in ap and described in this report is one parcel only
and has NOT been subdivided to this surveyor's knowledge.
(xi.) That the land as shown on the survey map and described in this report is one parcel only
and contains NO gaps, gores or strips.
STATE OF INDIANA CERTIFICATION
Undersigned further certifies that this survey was performed under his direction, and to the best of
his knowledge and belief was executed according to the survey requirements in 865 IAC 1.12 for
the State cf Indiana and the field work was last completed on October 18, 2005.
D ate d: March 2 1, 2003 (Original)
`•I ay 2, 2003 (Recertified)
November 8, 2005 (Recertified)
It is this surveyor's professional opinion that the uncertainty in the lines of the surveyed tract due
to the variances in reference monuments (i.e. section corner monuments) is +/ -0.3 feet.
David A. cork, Reg. L.S. — Indiana #20200053
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