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Conn, Angelina V
Sent:
To:
From: Conn, Angelina V
Friday, February 10, 200612:13 PM
Tingley, Connie S
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona
B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes,
Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; 'Jim Shinaver'; 'David Leazenby'
Subject: Docket No. Assignment: (V) Arden Townhomes (#06020009 V)
Cc:
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Arden
Townhomes. It will be the following:
Docket No. 06020009 V $534.50
Total Fee: $534.50
Arden Townhomes
The applicant seeks approval for the following development standards variance:
Docket No. 06020009 V (PUD Ordinance Z-482, Section 8.4) Perimeter Planting/Bufferyard
The site is located at 1940 E 136th St. and is zoned PUD/Planned Unit Development.
Filed by Jim Shinaver of Nelson & Frankenberger for Buckingham Properties, Inc.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, February 17, 2006. Published
notice is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:15 p.m.
(not 6 pm) and will take place in the Caucus Rooms (not Council Chambers).
3. The Proof of Notice will need to be received by this Department no later than noon, February 24,2006.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, February 17, 2006. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the March agenda of the BZA.
5. This Item will appear on the February 27, 2006 agenda of the Board of Zoning Appeals HEARING
OFFICER under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheet, only fill out docket number, petitioner, and date (Sheet 7).
Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Shinaver can be contacted at PH: 844-0106, FAX: 846-8782 or email: jims@nf-Iaw.com
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 p.m. (not 6 pm)
and will take place in the Caucus Rooms (not Council Chambers). It is suggested to send the notice to the
IndyStar by Noon two days prior, to allow for the Friday printing.
2.) Provide a filled out and notarized Petitioner's Affidavit of Notice of Public Hearing (pg 6 of the
application). (For a Hearing Officer item, the public notice requirement is 10 days, rather than 25).
3.) Please provide a copy of the official list of adjacent property owners from the Hamilton County
Auditor's Office.
4.) Please provide a copy of the filled out Notice of Public Hearing form (page 5 of the application).
5.) Provide an exhibit comparing what the bufferyard ordinance requires vs. what you are proposing;
include widths, dimensions, tree numbers, etc.
6.) It is anticipated that you will provide a copy of the recorded trail easement, which should include tree
preservation text.
Thank you.
2/1 0/2006
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REOUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each
additional section of the ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.50 for each additional section of the
Ordinance being varied. J::
OR see Hearing Officer Fees 1't) 3L\ .tJO
DOCKET NO. OLa07.ctrA V DATE RECEIVED: 2 -\O-o~
1)
Applicant: Buckingham Properties. Inc.
Address: 333 North Pennsylvania Street. 10th Floor. Indianapolis. IN 46204
2)
Project Name: Arden Townhomes
Contact: Sara Nasuti (sara@Buckimzham-co.com) Phone: (317) 974-1234 x 232
Attorney: James E. Shinaver. NELSON & FRANKENBERGER (iims@nf-Iaw.com)
Phone: (317) 844-0106
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
x (b) The applicant is the contract purchaser of the property
(c) Other:
l*"
4) Ifltem (3) (c) is checked, please complete the following:
Owner of the property involved: John Dennis Megenhardt. et al.
Owner's address: n/a
Phone: n/a
5)
Record of Ownership:
Deed Book No./Instrument No. See attached Deed
Page: Purchase Date:
Common address of the property involved: 1940 136th St. E.. Carmel. IN 46032
Legal description: See attached legal description - Exhibit "A"
Tax Map Parcel No.: 16-10-19-00-00-011.000
6)
7)
State explanation of requested Developmental Standards Variance: (State whaf%uwarit '
to do and cite the section n~ber(s) of the CarmeVClay Zoning Ordinan~~m~ applies ,
and/or creates the need for this request). /;,7 \i$. ~<v~ " "
See Exhibit "B" - Explanation of Request l',', 1 , ~~,-><.v.\ \:)"B>'i~, \\
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8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact-Developmental Standards
Variance")
See Exhibit "B" - Explanation of Reauest
9)
Present zoning of the prope~ (give exact classification):
Ordinance 7. - 4 7.. - 0 5
Arden Townhome PUD
10)
Size oflot/parcel in question: 12.72
acres
11) Present use of the property: unimproved
12) Described the proposed use of the property: Townhome Development
13)
Is the property:
Owner occupied
Renter occupied
Other unimproved/unoccupied
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in
connection with this property that would relate or affect its use for the specific purpose of
this application? If yes, give date and docket number, decision rendered and pertinent
explanation.
Ardent Townhome PUD Ordinance No.: Z-482-05:
ADLS/DP Aooroval Docket No.: 05120012
15) Has work for which this Application is being filed already started? If answer is yes, give
details:
NO
Building Permit Number: n/a Builder: nJa
16) If proposed appeal is granted, when will the work commence?
Immediately uoon issuance of building oermits
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
Buckingham Properties. Inc.. its successors and assigns
NOTE:
LEGAL NOTICE shall be published in the IndianaDolis Star a MANDA TORY twenty-five (25) days prior
to the public hearing date. The certified "Proof of Publication" affidavit of the newspaper m!JSl/~~available for
inspection the night of the hearing. .' ' //'
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LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY; ~~th<?~ of
notice are recommended: ' ~'0 ~~t>l
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I) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owne@ ('Q\~\.t1ite
receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearin)! date). i .
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2) HAND DELNERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the twenty-five (25) day notice should be kept for verification that
the notice was completed).
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSffiILITY OF THE APPLICANT.
AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC
HEARING DATE.
The applicant understands that docket numbers will not be assigned until all supoorting information has
been submitted to the Deoartment of Community Services
ADJACENT PROPERTY OWNERS LIST
The applicant certifies by signing this application that he/she has been advised that all representations of
the Department of Community Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordinance and/or the legal advice ofhislher attorney.
I,
,Auditor of Hamilton County, Indiana, certify that the attached affidavit
(please Print)
is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
EXAMPLE ONLY:
Formal list request sheet & official list may
be acquired from the Hamilton County
Auditor's Office 776-8401 .
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AFFIDAVIT
I, James E. Shinaver, Attorney for the Applicant involved in this application, hereby
swear that the foregoing signatures, statements and answers herein contained and the information
herewith submitted are in all aspects true and correct to the best of my knowledge and belief.
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared James
E. Shinaver, Attorney for Applicant, and acknowledged the execution of the foregoing
instrument.
Residing in
County
WITNESS my hand and Notarial Seal this
My Commission Expires:
Written Name
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MODERNIZED LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana,' more particularly described as
follows: " ",
Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes
00 seconds East (assumed bearing) along the south line of said quarter section 1 036.30 feet to a
point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described In DB 263, PG 240 In the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
C'IUT") right-of.way (said line being 33 feet by parallel lines from the center line of said right-of.
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
H:\Jnnct\Buckingham\Mcsan HartPetitioner's Consent.doc
EXHIBIT
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EXPLANATION OF DEVELOPMENT
STANDARDSVAlUANCEREQUEST
The Buckingham Companies Inc. is the contract purchaser of a parcel of real estate which
is approximately 12.72 acres and is located west of and adjacent to the Carmel High School
Football Stadium parking lot and north of and adjacent to Smokey Row Road/136th Street. This
parcel of Real Estate was rezoned to the Arden Townhome PUD District to permit the
Development of approximately eighty-eight (88) townhomes on the site.
Section 8.4 of the approved Arden Townhome PUD Text states as follows:
Perimeter PlantinglBuffer Yard. The number of perimeter plantings and the
number of Buffer Yard Plantings shall be in accordance with Section 26.04
Perimeter Buffering Requirements of the Zoning Ordinance.
When Buckingham filed the Rezone Application and the current ADLS/DP Application,
which is currently being reviewed by the Plan Commission, its intent was to utilize an off site
buffer yard area that exists on the Carmel High School Football Stadium property. There exists
between the Arden site and the school site a significant mature tree buffer area. During
Buckinham's discussions with representatives of the School Board, Buckingham was advised
that the School Board has no intent to remove the tree buffer area that exists on its property.
This existing tree buffer area on the school property serves as an effective buffer and screen
between the school property and the Arden site. Consequently, Buckingham desires a
Development Standards Variance from Section 8.4 of the Arden PUD Ordinance so that it can
utilize the existing mature tree buffer area on the school property.
H:\brad\Buckingharn\Arden\EXPLANA nON. doc
EXHIBIT
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EXHIBIT "C"
CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGSOFFACT-DEVELOPMENTALSTANDARDSV~CE
1. The approval of this Variance will not be injurious to the public health, safety, morals
and general welfare of the community because:
An existing mature tree buffer area currently exists on the school property. which is east
of and adjacent to the Arden Townhome site. This existing mature tree buffer area shall
serve as an appropriate screen and buffer between the two (2) properties.
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because:
An existing mature tree buffer area currently exists on the school property. which is east
of and adjacent to the Arden Townhome site. This existing mature tree buffer area shall
serve as an appropriate screen and buffer between the two (2) properties. Further.
granting the variance reauest will not have an adverse impact on the use and value of the
area adjacent to the subject property.
3. The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because:
Absent approval of the Development Standards Variance Request relating to the
perimeter planting and buffer yard requirements. Buckingham will be prevented from
developing the site pursuant to the pending ADLS/DP Application which is on file with
the Plan Commission. Further. Buckingham has preserved other substantial tree areas
within its property boundaries and the existing mature tree buffer area on the school
property shall serve as an effective and appropriate screen between the two (2) properties.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket No. is granted, subject to any
conditions stated in the minutes of this Board, which are incorporated herein by reference and
made a part hereof.
ADOPTED this 27tl1 day of February, 2006.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
H:IBRADIBUCKINGHAM\ARDEN\DSV-APP.BZADOC
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Section 8.4. Perimeter PlantingIBuffer Yard. The nwnber of perimeter plantings and
the number of buffer yard plantings shall be in accordance with Section 26.04 Perimeter
Buffering Requirements of the Zoning Ordinance.
Section 8.5 Interior Plantings. Adjacent to the entry drive, for each one hundred (100)
linear foot increment, there shall be a minimum. of three (3) shade trees, two (2)
ornamental trees and ten (10) shrubs.
Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual
Landscape Plan as "Tree Conservation Area" shall not be reltl.oved from the Real Estate
except as follows:
1. .AE. is necessary to clear underbrush and dead trees;
2. AB is necessary for the installation of drainage improvements and
infrastructure; and
3. As necessary for public health and safety, as determined with the
cooperation of City of Cannel's Urban Forrester,
Section 9
Lie:htinl! ReQuireqaents
A. Front of Townhome lighting: Each Townhome shall have a minimum of
one (1) light on the front of each unit. If only one (1) light is used, then it
shall be located near the ftont doOf. A second light may be located above
or near the garage door if applicable and all light position(s) shall be
consistent and/or complimentary among all units.
B. Rear of Townhome li2h.tine: Each Townhome shall have a minimum of
one (1) light fixture on the rear. of each unit, however the light position(s)
shall be consistent and/or complimentary among all units.
C, S1reet Lillhting:: Street lighting locations shall be provided as shown on
the Conceptual Site Plan, which is attached hereto and referred to herein
as "Exhibit 0:' '
D. Light Fixture RenderinlZS: Attached as Exhibit '"])" and Exhibit ''E'',
respectively, and refelTed to herein as the Conceptual Building Lighting
and Conceptual Site Lighting are renderings which depict the acceptable
types of lights for each use.
Section 10 Si2ns and EntrvWavWall
Section 10-1. Ground Si20S and Entrv Wall.
A. .Ims2: At the entrance to the development, adjacent to Smokey Row Road,
Two (2) Ground/Bn~ay Signs shall be pemritted, as is conceptually
depicted on Exh1bit ''Ft'~ which is attached hereto and incorporated herein
by reference. Either sign may be accompanied by a masonry wall not to
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VERSION A 11/21f05
Hamilton Co., IN - Online Rep,.-1:s
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Disclaimer:
The information available through this program is current as of 2/6/2006.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the infonnatio
different reports may not matdl. All information has been derived from public records that are constantly undergoing change and Is not warranted for I
aa:uracy. It may not reflect the current Information pertaining to the property of interest.
Parcel No: 16-10-19-00-00-011.000
Property Address: Deeded Owner: Megenhardt. Thoma Kendall, John Dennis
1940 136th St E Megenhardt&. Marilyn Sue Montgomery 1/3 int each TIe
Carmel, IN 46032 Owner Address:
1940 136th St E
Carmel,IN46032
Legal Desaiption: PT SW A 7/6/67 SPLIT FOR R/W 1/15/73263-240 2/12/91 FR MEGENHARDT 9103410 5/22/91 B&P ONLY 91121141/7/92
SPLIT TO CARMEl/GAY SC
5ection/Township/Range: 19/18/04
Subdivision Name:
Block:
Deeded Acres: 13.6
Political Township: Oay
Lot Number(s):
Most Recent Recorded Date: Not Available.
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1
@ 2005 Hamilton Co.
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@ 2005, Hamilton County, Indiana - all rights reserved.
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MODERNIZED LEGAL DESCRIPTION .'
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana,' more particularly described as
follows:
Commencing at the southwest comer of said quarter section; thence "North 90 degrees DO minutes
00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a
point in the center of Cool Creek and the POINT OF BEGiNNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described In DB 263, PG 240 In the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
comer of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
CIIUT") right-of-way (said line being 33 feet by parallel lines from the center line of said right-of..
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point In the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
H:\Janct\Buckingham\Molllln llArlPctitloner's Consent.doc
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hztl of tbt:: ~est; Qua:rter (I: SSlCtiOD 19, !f~ 1.9
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t~ to ~ pclDlt' said po.in1: ~.1.1:IIf tba SClU.t:bsest. ~ c:t
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PETITIONER'S CONSENT AND JOINDER IN PETITIONS
,"f
The undersigned, Buckingham Properties, Inc. (''Buckingham''), being the Petitioner in
regard to the real estate described in what is attached hereto and incorporated herein by reference
as Exhibit "A" (the ''Real Estate") hereby authorizes and directs the law firm of Nelson &
. Frankenberger, P .C. ("NF"), EMH&T Inc., along with their employees, attorneys, and appointed
agents, as follows:
1. To :file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Buckingham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones to a Planned Unit Development Ordinance necessary to permit the
development of the Real Estate for a residential townhome development pursuant to the
Zoning Ordinance for the City of Carmel (hereafter ''Rezone Application"), the terms and
conditions of which shall be determined by Buckingham's sole discretion, and (ll) all
secondary approvals including, without limitation, preliminary (primary) development
plan approvals, ADLS approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Cannel and/or the Zoning Ordinance for the City of
Cannel and deemed necessary by Buckingham to further develop the Real Estate per the
terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its cqmmittees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Buckingham to obtain the Approvals.
3. The undersigned, being duly swom, deposes and says that the foregoing signatures,
statements, and answers herein contained and the information herewith submitted are in
all respects true and correct to the best of the undersigned's knowledge and belief.
Further to this Petitioner's Consent and Joinder in Petitions, the undersigned
aclmowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution
.. by the undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance
of the Approvals.
BUCKINGHAM PROPERTIES, INC.
Date: 11'l-41()~
By: ~~ ~
David E. Leazen: y, Vice President
Parcel No.
16-10-19-00-00-011.000
o
Q
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, President of Buckingham Properties,,Jnc., who acknowledged
execution of this Petitioner's Consent and Joinder in Petitions.
!fY Commission Expires:
J.n~ \1. 'W\~
,
Witness my hand and Notarial Seal this ~ day of -B:priJ
~~~
No Publi
J-tnn iW 'Etlv\J/ifd5
Printed Name
,2005.
County of Residence:
-k\OJ' ( fY\
H:\JanctlBucldngham\Megan HartPetitioner's Conscnt.doc
-
. ,
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EXHIBIT" A"
MODERNIZED LEGAL DESCRIPTION"
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as
follows: .'."
Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes
00 seconds East (assumed bearing) along the south line of said quarter section 1 036.30 feet to a
point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
("IUT") right-of-way (said line being 33 feet by parallel lines from the center line of said right-of-
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
H:\IQuet\BuckillllhQI1\\MCI,'3D HartPctilioncr's ConSCDLdoc
\'"_'. I
~
i'
o
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o
'"
OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate,i) hereby authorize and
directs Buckingham Properties, Inc. ("Buckingham''), along with its employees, engineers, land
planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and "all applications and petitions
necessary to obtain all approvals deemed necessary by Buckin:gham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones to a Planned Unit Development Ordinance necessary to permit the
development of the Real Estate for a residential townhome development per the terms of
the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms
and conditions of which shall be determined by Buckingham's discretion, and (ii) all
secondary approvals including, without limitation, preliminary (primary) development
plan approvals, ADLS approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Buckingham to further develop the Real Estate per the
terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Buckingham to obtain the Approvals.
3. The undersigned, being du1y sworn, depose and say that he is the owner of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the
". Approvals.
Date: (/20/".r
..~~~
~ho~ Kendall Mege dt
Parcel No. 16-10-19-00-00-011.000
, .'
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.
.
~,
STATE OF ~\Vl ic....o"'"
COUNTY OF --b:1Ci.. ( ; 6"'\'-
)
) SS:
)
... '.. -' -
o
";t
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Thomas Kendall Megenhardt, who acknowledged execution of this Owner's Consent
and Joinder in Petitions. .
Witness my hand and Notarial Seal this 'lc-44-- day of -1+\?r'J \
(~~ [h~
, '\. ...
Notary PuBliC . .,')
S(fl~~Y1e fL...t. (((,/\6--(1
Printed Name
My Commission Expires:
~ ' 1.2 -e,,"lj:1
County of Residence:
~1c\lt:.,t)~
H:\lanel\BuckinghamIMeganhardt\Owner's Consent t# t. T.K. Mcgenbardt.doc
. ~. ".
,2005.
2
',1
\ "
.
o
. ".._1 ~
o
EXHIBIT "A"
MODERNIZED LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana~ more particularly described as
follows:
Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes
00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a
point In the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described In DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
("IUT") right..of..way (said line being 33 feet by parallel lines from the center line of said right..of..
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest comer of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
H:\J8IlCt\Buckingham\Meganhardt\Ownets Consent 111- T.K. MegenhardLdoc
"
J
{ ~,'
Q
Q
~';'
OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
directs Buckingham Properties, Inc. ("Buckingham"), along with its employees, engineers, land
planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Buckingham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones to a Planned Unit Development Ordinance necessary to permit the
development of the Real Estate for a residential townhome development per the terms of
the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms
and conditions of which shall be determined by Buckingham's discretion, and (ii) all
secondary approvals including, without limitation, preliminary (primary) development
plan approvals, ADLS approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Buckingham to further develop the Re~ Estate per the
terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Buckingham to obtain the Approvals.
3. The undersigned, being duly sworn, depose and say that she is the owner of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the
. . Approvals.1
Date:~ II()OO~
- ()
(/}11) Ct/i.A.,.l<- 1'1 ~-ce 1J1&
Marilyn Sue Montgomery
, e1fll-(j
Parcel No. 16-10-19-00-00-011.000
"
o
.""".- ....
STATE OF :r n.d.(IC( i'\C,
COUNTY OF C!..C( s..s
)
) SS:
)
o
... .. ....,_. .
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Marilyn Sue Montgomery, who acknowledged execution of this Owner's Consent and
Joinder in Petitions.
Witness my hand and Notarial Seal this
My Commission E~ires:
~- /7-0 d
County ~esidence:
.t2SS;
H:\Janel\BuckinghamIMeganhardt\Owncr's Consent /l3-M.S. Montgamety.doc
Ii f: day of 0;;;)
ft Olbj";J.
No - Public
.:G AI b t:<; J" ..J-
Printed Name
,2005.
2
;-4". Ii
'.
o
- . ,.. ,,'-' -
.'
Q
EXHIBIT" A"
MODERNIZED LEGAL DESCRIPTION
'"il
A part of the Southwest Quarter of Section 19, Township is,North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the southwest comer of said quarter section; thence North 90 degrees 00 minutes
00 seconds East (assumed bearing) along the south line of said quarter'section 1036.30 feet to a
point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described ,in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land;' thence South 90 degrees 00 minutes 00 seconds West along th'e north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
("IUT") right.of-way (said line being 33 feet by parallel lines from the center line of said right.of.
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest comer of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 .seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
H:\Janel\BuekinllhamIMeganhardt\Owner's Consent #3-M.S. Montgomel'y.doe
3
..
(;)
Q
... ... .._~ -
'- .
j
OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in 'what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
directs Buckingham Properties, Inc. ("Buckingham"), along with its employees, engineers, land
planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and allappiications and petitions
necessary to obtain all approvals deemed necessary by Buckingham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones to a Planned Unit Development Ordinance necessary to permit the
development of the Real Estate for a residential townhome development per the terms of
the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms
and conditions of which shall be determined by Buckingham's discretion, and (ii) all
secondary approvals including, without limitation, preliminary (primary) development
plan approvals, ADLS approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Buckingham to further develop the Real Estate per the
terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Buckingham to obtain the Approvals.
3. The undersigned, being duly sworn, depose and say that he is the owner of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge
that this Owner's Consent and Joinder iIi Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the
Approvals.
Date: J 8 MfL6~
Parcel No. 16-10-19-00-00-011.000
;; .~
,
o
STATE OF \ ~d \ 1ll}tL
COUNTY OF ~Don~
)
) SS:
)
o
~ '. __I -
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared John Dennis Megenhardt, who acknowledged execution" of this OWner's Consent and
Joinder in Petitions.
Witness my hand and Notarial Seal this
My Commission Expires:
h- {'t-D,
~ty of Residence:
"~e.
ShanI R. LelIleI'
Notal'/ Public, StsIS of tndlana
Boone CountY
M'( Commission Exp. June 14, 200"'1
H:\Jlllct\BucJdngbam\Mcganhardt\OwneI's Consent # I-J.D. McgcDhardtdoc
t8*1 day of hf>f'; \. . 2005.
~btf~~tJ
~hfllr; R Le.ffie..r
Printed Name
')
o
,
u
... ,
EXffiBIT "A"
MODERNIZED LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Secol
Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described (
follows:
Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minute
00 seconds East (assumed bearing) along the south line of 'said quarter section 1036.30 feet to i
point in. the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 9(
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract ot
land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company ,
("IUT") right-of.way (said line being 33 feet by parallel lines from the center line of said right-of.
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence -
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
H:\Janel\Buckingham\McganhardtlOwner's Consenl# I-J.D. MClJonhardldoc
3
---------------------
--- ---------