HomeMy WebLinkAbout07020030.1SURVEYOR'S REPORT
TYPE OF SURVEY: Retracement Survey, per Title 865 of the Indiana Administrative Code - -
(prepared to ALTA Survey Standards of 1999)
CLASS OF SURVEY: Class "D ", per Title 865 of the Indiana Administrative Code
In accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code, the following observations and opinions are submitted with this survey regarding the
uncertainty in the position of the lines and/or corners established and/or re- established during the performance of this survey as a result of: I r ..,. , ,•,•r,
A.) Availability and condition of reference monumentation.
B.) Clarity and/or ambiguity of the record description(s) for the subject real estate and/or the record description(s) of the adjoining real estate.
C.) Occupation or possession lines.
D.) Random Errors in Measurement (Theoretical Uncertainty).
NOTE: There may be unwritten rights associated with these uncertainties.
Attention is called to the fact that on many occasions, the location of the ORIGINAL SECTION CORNER (stone/buried post) was not perpetuated or the corner was destroyed
and the original location lost. In these instances, the only evidence available to indicate the position of the original comer is the existing physical topographical features or
monumentation that has been accepted by local surveyors as the best evidence of the location of the comer. Lacking the aforementioned evidence, a surveyor may have to
resort to proportional measurement to re- establish the location of section comers. Section comers that are not the original comers are usually classified as "Title Comers ".
Since undiscovered information may affect the true position of a title comer, the uncertainty of a comer is not known.
The Theoretical Uncertainty of the comers and lines of the within described real estate as established by this survey is within the specifications for a CLASS D SURVEY (+ /- I I
1.0 foot) as defined in Title 865 of the Indiana Administrative Code. Cfheoretical 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.) SEE GENERAL NOTE NUMBER 6:
This is a retracement survey of surveys made by Weihe Engineers, Inc. of the individual parcels that encompass the area now known locally as Merchants Square Shopping I I
Center (former Keystone Square Shopping Center). The five legal descriptions recited hereon describe the perimeter of the individual parcels of land currently titled to Ben I I
Mar LLC after conveyances to the City of Cartel, Indiana for the various roadways within the shopping center. As noted on the within survey plat there is an area shown by
crosshatching within the parcel described as "Parcel D" that personnel of Weihe Engineers, Inc. have been unable to determine the ownership of. This area was once a part of a
larger tract of land owned by the developer of the shopping center and over the years various parcels were separated from the overall tract and apparently at some time this
small residual piece was inadvertently missed and omitted from any further conveyances. This small parcel has for several years been shown in the records as being a part of
the "shopping center" real estate and for this reason has been included within the perimeter description created by this survey for "Parcel D ". To determine the true ownership
of this area would require a search of the public records of Hamilton County by a title insurance and/or abstract company.
Copies of the deed of record for the various parcels of real estate in the area generally comprising the northwest quadrant of the intersection of State Road 431 (Keystone I
Avenue) and 116th Street were obtained from the records of the Recorder of Hamilton County, Indiana, based upon the record of ownership and title transfer dates thereof on I I
file in the Department of Mapping and Transfer of the Office of the Auditor of Hamilton County, Indiana. The descriptions contained in said deeds were mathematically I I
retraced in order to disclose any possible gaps and/or overlaps between the various parcels. The descriptions contained in said deeds were all partitioned from the South Half
of Section 31, Township 18 North, Range 4 East based upon a survey of said South Hatf prepared by the Scherschel Company dated April 23, 1971. Other than slight
variations in the bearings and lengths of the lines recited in said descriptions due to mathematical "rounding" of the lengths of the lines and the angular relationship of said lines
and probable typographical errors no discrepancies in the record description were found. It should be noted that the South line of the South Half of Section 31, Township 18
w-1, Ran 4 Feast as established b the sury e b the Scherschel C m i a straight line between the Southwest comer and the Southeast corer of said Section with no
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angular deflection observed at the South Half Mile Comer of said Section 31. Weihe Engineers, Inc. also utilized this straight line as a basis of this survey. Said line is a I I e
straight line extending from a Brass Pin in a Metal Box recovered at the Southwest comer of said Section and a "PK" Nail recovered at the Southeast comer of said Section. I I I$ 5
For further information on the location of the Southeast comer of Section 31, seethe Surveyor's Report recorded on Sheet Two of the Certificate of Correction of Merchants' I 1 1
Porte Subdivision in the Office of the Recorder of Hamilton County, Indiana as Instrument Number 200200052203. Control points originally set by Wethe Engineers, Inc. I
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during the "renovation" of said Shopping Center during the time period between 1996 and the present date were utilized to reestablish the comers and/or lines of the parcels
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described hereon. These control points were set based upon the above - discussed "straight line of the South Half of Section 31.
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follows:
As a result of the above observations, it is this surveyor's opinion that the uncertainties in the location of the lines and/or comers as established on this survey are as
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angular deflection observed at the South Half Mile Comer of said Section 31. Weihe Engineers, Inc. also utilized this straight line as a basis of this survey. Said line is a I I e
straight line extending from a Brass Pin in a Metal Box recovered at the Southwest comer of said Section and a "PK" Nail recovered at the Southeast comer of said Section. I I I$ 5
For further information on the location of the Southeast comer of Section 31, seethe Surveyor's Report recorded on Sheet Two of the Certificate of Correction of Merchants' I 1 1
Porte Subdivision in the Office of the Recorder of Hamilton County, Indiana as Instrument Number 200200052203. Control points originally set by Wethe Engineers, Inc. I
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during the "renovation" of said Shopping Center during the time period between 1996 and the present date were utilized to reestablish the comers and/or lines of the parcels
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described hereon. These control points were set based upon the above - discussed "straight line of the South Half of Section 31.
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follows:
As a result of the above observations, it is this surveyor's opinion that the uncertainties in the location of the lines and/or comers as established on this survey are as
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DUE TO VARIANCES IN REFERENCED MONUMENTS: It is this surveyor's professional opinion that the uncertainty of the location of the lines and/or comers established I
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by this survey due to variances in the referenced monuments used (see above concerning section corners) is plus or minus three tenths of a foot and is within the tolerances set I
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out in the above referenced Title 865 of the Indiana Administrative Code for a "Class D" Survey. I
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DUE TO DISCREPANCIES IN RECORD DESCRIPTIONS: Sec above concerning "rounding" and/or typographical errors.
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DUE TO INCONSISTENCY IN LINES OF OCCUPATION AND/OR POSSESSION: Lines of occupation and/or possession areas shown on the within survey plat and it is
"Parcel land Mundy
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this surveyor's opinion that no inconsistency exists along these lines. It is hereby noted that the common north -south line between A" and the now titled to
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Realty Inc. (shown on the within survey as not included) having a length of 532.37 feet and a direction of North 00 degrees 15 minutes 30 seconds West intersects the southerly
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face of the building approximately at an "expansion joint" in the brick veneer on the face of said building and extends northerly through said structure and exiting
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t I at an "ex ansion 'oint" between anels of recast c to on the northerl face of said buildin Neither this surveyor nor his representative was present when I
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appro xunaey p ! p p oncre y g• I Scale 1 - 60
the new addition was erected and attached to the existing structure, therefore Weihe Engineers, Inc. has no knowledge as to whether the wall and/or walls between the new
addition and the existing structure is a "common" wall of if separate walls exist for the addition and the existing structure as it existed before the attachment of the addition. It
is also noted that since the original dedication of the rights -of -way of the streets known as Keystone Way and Keystone Way East to the City of Carmel, Indiana in December
of 1979, said streets have been relocated as shown hereon and portions of said Dedication have been released the streets now conform to the rights -of -way as conveyed to the
City of Carmel, Indiana by the documents recorded as Instrument Number 9809828789 and Instrument Number 20010005090 in the Office of the Recorder of Hamilton
County, Indiana.
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PARKING TABLE:
PARCEL "A"
(Includes spaces on Mundy Parcel)
1012 regular
(This total Includes 7 spaces not entirely on alto)
(it also Includes 10 speess occupied with or blocked by (moveable) cart retum corrals,
the location of the corrals Is not shown on drawing)
(This total also Includes 4 spaces designated as customer with child In car) Or /.
29 handicap d
(PLUS one area designated MOTORCYCLE PARKING ONLY)
(Motorcycle Parking area NOT STRIPED)
PARCEL "B" PARCEL "C"
135 regular 143 regular
8 handicap 6 handicap b,
PARCEL "D" PARCEL "E"
37 regular 61 regular
(Includes 4 spaces not entirely on sits) (includes 4 spaces not entirely on al%)
0 handicap b, 2 handicap d
(D.R. 326, pg. 865) OVJ
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NOTE: Welhe Engineers. Inc. was urea b
r determine the ownership of this Imegu r
I r� O' I I (oroes - hatched) stomped parcel of to f
I v th records of the Dept. of Mapping nd
Transfer of the Hamilton County Aud r s
R. & R. Properties I I �� I Office. For this survey, this parcel h s
P I I been Included within the perimeter of� I I
(D.R. 330, pg. 295) h *Parcel D" ae described hereon.
• I 1 4j� $ camel Is Improved with an asp hph
Q $8 � surfaced parking lot belay used by ppbbhh�plih
Cij a the 'Shopping Center and the occu ,
I �x+ QQQ I of the northerly adloining real estate.
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N elr 3 1s• E 545.0 0� y�4 J' as 3� I "
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GENERAL NOTES:
1.) As used on this survey, certify means to state or declare a professional opinion of conditions regarding those facts or findings which are subject to the \
certification and does not constitute a warranty or guarantee, either expressed or implied.
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2.) This survey was prepared utilizing information shown in Schedule A and Schedule B of a commitment for title insurance issued by IandAmerica National °j pr7 7.� \
Commercial Services as agents for Lawyers Title Insurance Corporation, as Commitment No: 03295974 AMENDED -1, effective August 05, 2003. \ ��
3.) The current "2003" zoning classification for the subject real estate is "B -8 /Business" and building setback lines shown hereon are per said current "B•8" zoning
requirements and DO NOT reflect any "variances" approved by the proper governmental authorities nor do they reflect any zoning in effect at the date of the original
development of the "shopping center".
4.) Based on a scaled interpretation of FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 18057Co228F, for Hamilton County, Indiana and
Incorporated Areas, effective February 19, 2003, the within described real estate is located in Flood Hazard Area Zone X, (an area determined to be outside the
500 -year floodplain) as established by the Federal Emergency Management Agency for the National Flood Insurance Program. The accuracy of any flood hazard
statement shown on this survey plat is subject to the scale and to any uncertainty in the location or elevation shown on the above referenced Flood Insurance Rate
Map. Flood plain certification is restricted to a review of the latest revision of said Flood Insurance Rate Map, and shall not be construed as a confirmation or denial
of flooding potential. No inquiry was made to determine the existence of any Letter of Map Amendment (LAMA) or Letter of Map Revision (LOMR) which may
affect the described real estate or if any study is currently being reviewed Attention is also called to the fact that the FIRM Panels are periodically revised and may
be superseded by subsequent revisions.
5. Per information supplied by the Office of the Hamilton County Drainage Board and/or the Office of the Hamilton County Surveyor, no legal (regulated) drains
directly cross the within surveyed real estate.
6.) The location of underground utilities situated upon or serving the subject real estate WAS NOT apart of the original scope of this survey and was specifically
excluded therefrom. The locations of said utilities were later requested by the client and the client contracted with Indiana Underground Protection Agency to have
said utilities located The path and any underground utilities depicted on this survey plat are the result of Weibe Engineers, Inc. locating on December I lth,
December 12th, and December 15th of 2003, the "paint marks" placed December 9th and December 10th, 2003, by Indiana Underground Protection Agency for the
location of underground (gas, electric and telephone) utilities serving this site. The path of said utilities should be considered approximate until said utilities have
been excavated to verify the precise location and path of said utilities. Physical evidence of the presence of underground utilities (man holes, inlets, gas line valves
and/or markers, electrical and telephone service boxes and transformens, water line valves and other indictors of possible underground utilities in the aree as a part of
the original scope of this survey as originally contacted with Weihe Engineers, Inc. This surveyor makes no guarantee that the underground utilities shown on the
within plat of survey comprise all such utilities, either in service or abandoned that are in the vicinity and/or upon the subject real estate. This surveyor has shown all
utilities located by Indiana Protection Agency on the dates noted above and does not warrant that the underground utilities depicted on the within survey plat are in
the exact location as indicated thereon or comprise all of the underground utilities serving the subject real estate.
8.) Possession lines are referenced at monumented corners only. Possession/occupation lines may vary between said monumented comers.
9.) The only observable evidence of recent street or sidewalk construction or repairs thereto, evident as of the date of this survey were the improvements being made
to 116th Street where said street adjoins the property. No changes in street right -of -way lines, either completed or proposed was evident on the site or available from
the controlling jurisdiction of the City of Carmel, Indiana.
10.) A visual inspection of the site did not reveal any observable evidence of the use of the site as a solid waste dump, sump, or sanitary landfill.
11.) This Survey is and Instrument of Service, and is not to be used by parties other than those to whom it as been certified or prepared for, until such time it has
been updated and re- certified by the undersigned registered land surveyor. No warranty, either expressed or implied, is made as to the accuracy and/or completeness
of information provided by governmental authorities and/or third parties, or as to the fitness for any particular purpose or use, including but not limited to information
regarding "zoning, setback requirements, flood hazard zones, wetlands area(s), and utilities ". In no event will Weihe Engineers Inc., it's employees, agents, and/or
assigns be liable for any damages arising out of the furnishing and/or use of such information
ZONING NOTE: Per the Official Zoning Map for the City of Carmel, Indiana, as adopted by Resolution No. CC- 11- 05 -01 -09 on November 05,
2001, the CURRENT EXISTING ZONING for the subject real estate is "B -8 / Business Zoning ".
The minimum setback requirements as set out for B -8 Zoning are as follows:
MINIMUM FRONT YARD: Twenty-five (25) feet.
MINIMUM SIDE YARD: Ten (10) feet.
MINIMUM REAR YARD: Ten (10) feet.
Per the client's request, Weihe Engineers has delineated on the within survey plat the minimum setback lines per the Existing B -8 Zoning as
interpreted by Weihe Engineers. The lines shown DO NOT reflect any "variances" approved by the proper governmental authority nor do they reflect
any zoning in effect on the date of the original development of the "shopping center ".
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