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Home My WebLink AboutPublic Notice NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 46280 317-844-0106 OF COUNSEL JANE B. MERRILL FAX 317-846-8782 SEP1 } 19y1 September 10, 1991 Mr. Dave Cunningham Department of Community Development One Civic Square Carmel, IN 46032 Dear Dave: Please find enclosed for your file, a copy of the proposed Notice of Public Hearing before the Carmel Plan Commission regarding the Primary Plat application of Robert A. Dine Co. , Inc . for the subdivision to be known as Rosemead Commons . If after your review should you have any questions, please call . Very truly yours, NELSONS F KENBERGER James els n JJN/dsk Enclosure NOTICE OF PUBLIC HEARING BEFORE THE CARMEL PLAN COMMISSION Docket No. 44-91-PP NOTICE is hereby given that the Carmel Plan Commission, meeting on the 15th day of October, 1991 at 7 : 30 p.m. , in the Council Chambers, 2nd Floor of City Hall, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon an application for a Primary Plat to permit the development of a single family residential subdivision containing 18 lots and to be known as Rosemead Commons . The application also includes a request for a variance from Section 6 . 3 . 22 of the Subdivision Control Ordinance to permit a reduction in the length of accel and decel lanes and for the elimination of a passing blister. The Real Estate affected by said application contains 10 . 98 acres, is located on the north side of East 116th Street between South Rangeline Road on the east and Guilford Avenue on the west, and is more particularly described on Exhibit A attached hereto. The application is identified as Docket No. 44-91-PP. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. A copy of the proposal is on file for examination at the Office of the Director of Community Development, 1 Carmel Civic Square, Carmel, Indiana 46032 . Written objections to the proposal that are filed with the Secretary of the Commission before the hearing will be considered. Oral comments concerning the proposal will be heard at the hearing. The hearing may be continued from time to time as may be found necessary. CARMEL PLAN COMMISSION ATTORNEY FOR APPLICANT Dorthy J. Neisler, Secretary James J. Nelson NELSON & FRANKENBERGER APPLICANT 3021 East 98th Street, #220 R.A. Dine Co. , Inc . Indianapolis, IN 46280 317/844-0106 Exhibit "A" Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, being described as follows : Commencing at the brass plug at the southeast corner of said southeast quarter; thence on an assumed bearing of North 89 degrees 19 minutes 05 seconds West along the south line of said southeast quarter a distance of 1560 . 27 feet to a railroad spike at the Point of Beginning; thence continuing North 89 degrees 19 minutes 05 seconds West along said south line a distance of 212 . 70 feet ( 213 . 03 feet per Deed Record 336 , Page 363, Office of the Hamilton County Recorder) to a stone; thence continuing North 89 degrees 19 minutes 05 seconds West along said south line a distance of 140 . 44 feet ( 140 . 1 feet per Deed Record 340, Page 250) to a stone; thence North 00 degrees 40 minutes 55 seconds East perpendicular to the south line of said southeast quarter a distance of 1217 .20 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp. " on the east right-of-way line of the Chicago, Indianapolis, and Louisville Railway Company; thence North 49 degrees 33 minutes 00 seconds East along the said east right-of-way line a distance of 42 . 79 feet to a 5/8 inch rebar at the southwest corner of the tract of land described in a deed to Engineered Cooling Systems, Inc . (Deed Record 254, Page 216 ) ; thence South 89 degrees 43 minutes 09 seconds East along the south line of said tract a distance of 393 . 07 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp. " thence South 00 degrees 00 minutes 00 seconds West parallel with the east line of said southeast quarter section a distance of 958 . 19 feet to a point distant 290 . 00 feet north of the south line of said southeast quarter (5/8 inch rebar 0 . 4 feet north and 0 . 2 feet west of corner) ; thence North 89 degrees 19 minutes 05 seconds West parallel with the said south line a distance of 87 . 02 feet (5/8 inch rebar 0 . 3 feet north of corner) ; thence South 00 degrees 00 minutes 00 seconds West a distance of 290 . 00 feet to the Point of Beginning. Containing 11 . 794 acres, more or less . Except; however, Part of the Southeast Quarter of Section 36 , Township 18 North, Range 3 East in Hamilton County, Indiana, being described as follows : Commencing at the brass plug at the southeast corner of said southeast quarter; thence on an assumed bearing of North 89 degrees 19 minutes 05 seconds West along the south line of said southeast quarter a distance of 1772 . 97 feet to a stone at the Point of Beginning; thence continuing North 89 degrees 19 minutes 05 seconds West along the said south line a distance of 140 . 44 feet ( 140 . 1 feet per Deed Record 340, Page 250, Office of the Hamilton County Recorder) to a stone; thence North 00 degrees 40 minutes 55 seconds East perpendicular to the south line of said southeast quarter a distance of 252 .74 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp. " ; thence South 89 degrees 19 minutes 05 seconds East parallel with the said south line a distance of 140 .44 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp. " ; thence South 00 degrees 40 minutes 55 seconds West perpendicular to the said south line a distance of 252 . 74 feet to the Point of Beginning. Containing 0 . 815 acres, more or less. Containing after exception 10 . 980 acres, more or less . NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 September 13 , 1991 Mr. Dave Cunningham Department of Community Development One Civic Square Carmel, IN 46032 Re: Docket No. 44-91-PP Dear Dave: Please find enclosed for your file, the original certification by the Hamilton County Auditor and the list of property owners that are two properties or 660 ' deep with regards to the Primary Plat application of Robert A. Dine Co . , Inc . for the subdivision to be known as Rosemead Commons . If you should have any questions , please call . Very truly yours , ELSON & FRANKENBERGER JEY Nelson JJN/dsk Enclosure PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL PLAN COMMISSION and BOARD OF ZONING APPEALS I (We) James J. Nelson, Attorney for Robert A. Dine DO HEREBY Co. , Inc. CERTIFY THAT NOTICE OF PUBLIC HEARING OF THE Carmel Plan Commission WILL CONSIDER Docket Number 44-91-PP , was registered and mailed at least thirty days prior to the date of the Public Hearing to the below listed property owners, 660 or two-deep. OWNER'S NAME ADDRESS See Exhibit "A" attached hereto. ***************************************************************** STATE OF INDIANA, HAMILTON COUNTY, SS: The undersigned having been duly sworn, upon oath, says that the above information is true and correct and he is informed and believes . Signat e o Petitioner James J. Nelson SUBSCRIBED AND SWORN TO BEFORE ME THIS 4th DAY OF October , 1991. JOR '' ru L , Ndtary Pub is My Commission Expires: Debra S. Kitsmiller November 25, 1994 Printed Name Residing in Marion County ***************************************************************** SIGNATURES OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED ON THIS AFFIDAVIT. 1/, ' I, Po, ! / �� , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the property owners that are two properties or 660' concerning Docket # 4 4-91-Pp amilton C unty Auditor Dated: /. - HASTON, RICHARD A. & SHARRY D. 1410 E. 116TH STREET CARMEL, IN 46032 SHAW, RICHARD N. 1414 E . 116TH ST. CARMEL, IN 46032 KEASEY, HARRY G. & WF EILEEN C. 1424 E . 116TH STREET CARMEL, IN 46032 177 CARMEL DRIVE ASSOCIATES 177 CARMEL DRIVE CARMEL, IN 46032 CEN TEC MANUFACTURING CORP . D. B.A. IND-SEAL CO. P.O. BOX 780 CARMEL, IN 46032 C S X TRANSPORTATION INC % TAX DEPARTMENT 500 WATER ST ROOM 1208 JACKSONVILLE, FL 32202 WEST, LILLIAN 1300 E . 116TH ST. CARMEL, IN 46032 RINALDO, JILL EASTES 1342 E . 116TH ST. CARMEL, IN 46032 WEAVER, WILLIAM C. & PATSY A. 269 W. CARMEL DRIVE CARMEL, IN 46032 ENGINEERED COOLING SYSTEMS, INC . 201 WEST CARMEL DR. CARMEL, IN 46032 RITRON, INC. AN IND. CORP. 148 WEST CARMEL DRIVE CARMEL, IN 46032 EMPICO DEVELOPMENT CO. INC. PTN. 503 WEST CARMEL DRIVE CARMEL, IN 46032 SAMS, BOBBY JOE & SONDRA G. 621 WOODBINE DR. E . CARMEL, IN 46032-9255 TODD & SEVRA GOLDSTEIN 377 WEST CARMEL DRIVE CARMEL, IN 46032 BLANTON ROOFING CO INC 431 B WEST CARMEL DRIVE CARMEL, IN 46032 LUISI , PATRICIA ANN 239 SADDLEBROOK CT. ZIONSVILLE, IN 46077 SILVERMAN, MORRIS & WF JUDITH 1507 E . 116TH ST. CARMEL, IN 46032 ALWAYS INVESTMENTS, AN IND. LTD. PTN. 30 E. MAIN ST. CARMEL, IN 46032 H & L LEASING CO. , AN IND PTN. P.O. BOX 1250 CARMEL, IN 46032 4-L COMPANY OF CARMEL % THOMAS D. LEE LEE SUPPLY CORP . 3025 MADISON AVE . INDIANAPOLIS, IN 46227 OVERMAN, GARY W. & SUSAN L. 1207 E . 116TH ST. CARMEL, IN 46032 BRANDT, WILLIAM C . JR. & WF JOAN R. 1211 E . 116TH ST. CARMEL, IN 46032 STAFFORD, JOHN S . & PHYLLIS A. 1225 EAST 116TH STREET CARMEL, IN 46032 WARD, HARRY H. & WF DOROTHY H. 1427 E . 116TH ST. CARMEL, IN 46032 ESTRIDGE, PAUL E & CAROL I . 1412 S . RANGELINE RD. CARMEL, IN 46032 WARD, HARRY H. & WF DOROTHY H. 1411 E . 116TH ST. CARMEL, IN 46032 SLAGLE, ROLAND W. & RUTH ANNE 11560 RALSTON AVE . CARMEL, IN 46032 SLAGLE, ROLAND W. & RUTH ANNE 11560 RALSTON AVE . CARMEL, IN 46032 ESTRIDGE, PAUL E . & CAROL L. 1412 RANGELINE RD. CARMEL, IN 46032 BRATTON, ROBERT & WF. SARAH P. 11535 RALSTON AVE . CARMEL, IN 46032 ESTRIDGE, PAUL E . & CAROL L. 1412 RANGELINE ROAD CARMEL, IN 46032 FLACK, GERALD D. & WF SANDRA J. 11555 RALSTON CARMEL, IN 46032 CARMEL SELF STORAGE CENTER 147 W. CARMEL DRIVE CARMEL, IN 46032 ire: PROOF OF PUBLICATION State of Indiana, . ss: County of Hamilton, Before me, a Notary Public in and for the County of Hamilton and State of Indiana, personally appeared l,�/,,,;igeeC c<8 #1 who being duly sworn upon his oath, deposes and says, that he is General Manager of the Noblesville Daily Ledger,ATopics Suburban Newspaper,a newspaper of general circulation in Hamilton County, State of Indiana, printed in the Eng- l1412.-14nguage and printed and-<11113r7weekly in the city of Noblesville, Hamil- ton County, State of Indiana, and that said Noblesville Daily Ledger has been published continuously for more than three years last past, in said county and state; that the Notice • _'publication, a true copy of which is hereto NOTICE OF PUBLIC HEARING topr< annexed was duly published in said news- BEFORE THE CARMEL PLAN above E. COMMISSION y . Docket No.44.91-PP orverbal. ;,tear- Paper, for ... .... weeks (insertions', sL es tunity to t, above NOTICE is hereby given that si ly) which publications were made as mentioned,. place. the Carmel Plan Commission, Acopy of t, o meeting on the 15th day of Octob at posai is ofn the iO110wS, er,1991 at 7:30 p.m.,in the Court- for examination at the office of the � cif Chambers, 2nd Floor of City Director of Community Develop / r�( /!/ /` / Car- Hall, 1 Civic Square, Carmel, mel,Indiana Carmel Civic Square, 917 rG ! T, Indiana 46032 will hob a Public met, 46032. prop- Hearing upon an application for a oWritten objections toe e Secret- Primary Plat to permit the deve- araol the are mtilad with the ree lopment of a single family residen- hery ri Commission before the tial subdivision containing 18 lots hearing will be is concerningcni and to be known as Rosemead Oral comments the proposal will be heard at the Commons. The application also includesCommo ommo a request for a variance hearing. And that all of said publications were from Sect equion st forof a Subdici- The hearing may be continued p from time to time as may be found : sion Control Ordinance to permit a necessary made in fUl 0 h `r• ��_' law. reduction in the length of accel CARMEL PLAN COMMISSION i and decal lanes and for the elimi- Dorthy J.Neisler,Secretary nation of a passing blister. APPLICANT The Real Estate affected by R.A.Dine Co.,Inc. Subscribed and sworn to before me said application contains 10.98 ATTORNEY FOR APPLICANT acres,is located on the north side James J.Nelson / �jJ�- / LJ`/ of East 116th Street between NELSON d FRANKENBER- this..... day of,. .? r,—(. 19...IJ... .1 South Rangeline Road on the east GER C and Guilford Avenue on the west, 3026 — Indi Spots,98th Street,#220 • G t J and is more particularly described Indianapolis,IN 46280 ''' on Exhibit A attached hereto. 317/844-0106 /I- L•h Co- ,� ') f3 The application is identified as NDL-Sept.14 / `� �� Notary Public Docket No.44-91-PP. --- Exhibit'A' (Seal.) Part of the Southeast Ouarter of Section 36, Township 18 North, • /,��- �/ Range 3 East in Hamilton County, My commission expires .L Indiana, being described as �/�r 5 0 r p follows: at the brass plug Publisher's Fee, at the southeast corner of said southeast quarter;thence on an Resident of 7z1,2t f, County /NeAse c/ r fs,,,(Y J&i • 1' PROOF OF PUBLICATION State of Indiana, Counties of Hamilton and Marion, ss: Before nie, a Not ai Pub •c i ,apdfxi • h 'ounties of Hamilton & Marion and State of Indiana, personally appeared trig A who being dui sworn upon oath, deposes and says, that she is the Generaly Manager of the Topics Suburban Newspapers, Inc., the newspaper of general circulation in Hamilton and Marion Counties, State of Indiana, printed in the English BEFORE THE C RIN artof;t e ow verheast Quarter of language and printed and published daily/weekly in the city of COMMISSION Section 36, Township 18 North, Noblesville, Hamilton Counties, State of Indiana, and that said Docket No.44-91-PP Range 3 East in Hamilton County, NOTICE is hereby given that the Indiana,being described as follows: Topics Suburban Newspapers have been published continuously for Carmel Plan Commission, meeting Commencing at the brass plug on the 15th day of October,1991 at at the southeast corner of said more than three years last past, in said counties and state; that 7:30 p.m.,in the Council Chambers, southeast quarter; thence on an 2nd Floor of City Hall, 1 Civic assumed bearing of North 89 the Notice of publication, a true copy of which is hereto annexed Square,Carmel,Indiana 46032 will degrees 19 minutes 05 seconds was dulypublished in said newspaper,er, for weeks (insertions, p' p hold a Public Hearing upon an appli- West along the south line of said cation for a Primary Plat to permit southeast quarter a distance of successively) which ubllcati ns were made as follows: the development of a single family 1772.97 feet to a stone at the Point Y p residential subdivision containing 18 of Beginning; thence continuing n lots and to be known as Rosemead North 89 degrees 19 minutes 05 p�[/ �,t�/ Commons. The application also seconds di West along e said south1 T- ... / � includes a request for a variance line a distance of 140.44 feet(14Q1 from Section 6.3.22 of the feet per Deed Record 340, Page / �/ Subdivision Control Ordinance to 250,Office of the Hamilton County permit a reduction in the length of Recorder)to a stone;thence North accel and decal lanes and for the 00 degrees 40 minutes 55 seconds elimination of a passing blister. East perpendicular to the south line The Real Estate affected by said of said southeast quarter a distance application contains 10.98 acres,5 of 252.74 feet to a 5/8 inch rebar And •that all of said were made in full compliance located on the north side of East with yellow cap marked"Schneider publications p 116th Street between South Engr. Corp.'; thence South 89 with the laws. l 1 71. /' Rangeline Road on the east and degrees 19 minutes 05 seconds el/11- x Oi�]_ Guilford Avenue on the west,and is East parallel with the said south line / ' V[41 more particularly described on a distance of 140.44 feet to a 5/8 •••• Exhibit Aattached hereto. ' inch rebar with yellow cap marked .IUbsci'i dad n to before me this . (,/ day Exhibit"A" "Schneider Engr. Corp."; thence Part of the Southeast(Deaner of South 00 degrees 40 minutes 55 Section 36, Township 18 North, seconds West perpendicular to the of • , 19. Range 3 East in Hamilton County, said south line a distance of 252.74 Indiana,being described as follows: feet to the Point of Beginning. Commencing at the brass plug at Containing 0.815 acres, more or • ' • • •• ••• •• the southeast corner of said less. • Notary Pu C southeast quarter; thence on an Containing after exception (Seal) assumed bearing of North 89 10.980 acres,more or less. �, rr // degrees 19 minutes 05 seconds The application is identified as My commission expires C -/S West along the south line of said Docket No.44-91-PP. southeast quarter a distance of All interested persons desiring to Publisher's Fee .1'.' 4 5•, •"S�f. , , 1560.27 feet to a railroad spike at present their views on the above •• • the Point of Beginning;thence con- aPPlication,either in writing or verb- tinuing North 89 degrees 19 minutes ally,will be given an opportunity to 05 seconds West along said south be heard at the above mentioned " line a distance of 212.70 feet time and place. (213.03 feet per Deed Record 336, A copy of the proposal is on file