HomeMy WebLinkAboutPublic Notice
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PUBLISHER'S AFFIDAVIT
81594-3698378
PUBLIC N"OTI~ES
State of Indiana SS:
MARION County
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NOTICE OF PUBUC HEARING
BEFORETHE CARMEUCLAY
BOARD OF ZONING APPEALS
(Docket No. 050100215U)
Notice is hereby given that the
Carmel/Clay Board of Zoning
Appeals will hold a Public
Meeting on Monday, March 28,
2005 at 6:00 p.m. in the City
I Hall Chambers, One Civic
Square, Carmel, Indiana.
46032 upon a Petition for Spe-
i cial Use Approval to establish
i a sand/gravel extraction oper-
I atian on approximately 104
acres, with an artificial lake to
be established as part of its
plan of reclamation, located at
10750 River Road, Carmel,
Indiana (the northwest corner
of East l06th Street and Hazel
Dell Parkway).
The petition is identified as
Docket No. 050100215U.
The real estate affected by
said Petition is described as
follows: Part of the South Half
of Section 4, Township 17
North, Range 4 East of the Sec-
'ond Principal Meridian in Clay
'Township, Hamilton County,
I Indiana, described as follows:
Beginning at the Southwest
I corner of Section 4. Township ,
17 North, Range 4 East of the
Second Principal Meridian in
Clay Township, Hamilton
County. Indiana; thence South
89 degrees 55 minutes 56 sec-
onds East (assumed bearing)
on the South line of said Sec-
tion 4. a distance of 3,302.241
feet to the Westerly line of real
estate conveyed to the City of I
Carmel, Indiana, by a docu-
ment titled "Certification of I
Clerk" recorded in the Office of
the Recorder of Hamilton"
County. Indiana, as Instrument
Number 9709754848; (the fol-
lowing seven courses being on
Form 65-REV ~~~a'i;;)Si~)IYt~~;c~f J~~hr~~
J degrees 04 minutes 04 sec-
onds East 16.50 feet; 2.)
thence North 60 degrees 23
minutes 05 seconds East 57.55,
feet; 3.) thence North 89' -
degrees 50 minutes 43 sec" CRIBED FORMULA
onds East 254.47 feet; 4.)'
thence South 81 degrees 22
minutes 39 seconds East,
. 198.24 feet; 5.) .thence North ILUMN - 94 POINT . . ' .
125 degrees 45 mmutes 13 sec- : .
onds East 826.18 feet; 6.). 7 PT TYPE 1649
I thence North 21 degrees 15)" -.
~~~~i3sfee~~7.)'i~~~~~ N~~;~rO - .06596 SQUARES . .. .
07 degrees 37 mmutes 09 sec- S $5 14 339 CENTS PER LINE
onds East 180.00 feet to a X. - .
pomt on a hne that IS parallel
with the South line of said Sec-
tion 4, and extends Easterly
from a point on the East line of
the Southwest Quarter of said I
Section 4 that is 154.10 feet
North of the Southeast corner
I of the North Half of said South"
west Quarter; thence North 89
,degrees 55 minutes 56 sec-
onds West on said line
1,718.86 feet to the aforesaid
point on the East line of said
Southwest Quarter. being also
the East line of KING5WOOD
SUBDIVISION, SECTION
THREE. a subdivision in Hamil-
ton County, Indiana, the Sec-
ondary Plat of which, as
amended-Oecember- 22.1-988.
is recorded in said Recorder's
Office as Instrument Number
8900204 on pages 111 and 112
of Plat Book 16; thence South
00 degrees 07 minutes 43 sec-
onds West on the East line of
said Southwes~ Quarter
154.10 feet to the Southeast
, corner of the North Half of said
Southwest Quarter; thence
I North 89 degrees 51 minutes
18 seconds West on the South
line of the North Half of said
Southwest Quarter 1,521.03
I feet to the Northeast corner of
real estate conveyed to the
g~do~e~c:rrd:k i~n~~:n5ffrc;r o~
the Recorder of Hamilton
I County, Indiana, on page 865
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tn-eNorthvJ'"est cofherof the
South Half of said Southwest
Quarter; thence South 00
degrees 27 minutes 42 sec-
onds West on the East line of
said real estate 918.75 feet,
per the aforesaid deed,
(919.89 feet by measurement)
to the Southeast corner of said
real estate, said corner lying
on a line that extends South 89
I degrees 51 minutes 29 sec-
onds East, measured parallel
with the North line of South
Half of said Southwest Quarter
from a point on the West line of
said Southwest Quarter that is
406.45 feet North of the South"
west corner of said Section 9;
thence North 89 degrees 51
minutes 29 seconds West on
said line and the Westerly pro~
longation thereof, a total dis-,
tance of 1,145.58 feet, per the
aforesaid deed, (1,144.55 feet,
by measurement) to the afore-
said point on the West line of
said Southwest Quarter, said I
point being also the South-
westerly corner of real estate
conveyed to the City of carmel"1
Indiana.by-a-Warranty-Deed
recorded in said Recorder's
Office as Instrument Number
8726638; .thence South 00
degrees 19 minutes 51 sec-,
onds West on the West line of '
the Southwest Quarter of said I
Section 9. a distance of 406.45
feet to the place of beginning.
Approximate .coordinates at
the center of the site are as',
follows: 39056'34" N latitude
86004'46" W longitude
I All interested persons desiring
. to present their views on the
, above Petition. either in writ~
: ing or verbally. will be given an
1 opportunity to be heard at the
I above mentioned time and
place.
Martin Marietta Materials, Inc.
By: 2eff A. Weiss, its Attorney
. (5 - 3/3" 3698378)
Personally appeared before me, a notary public inand for said county and state,
of the INDIANAPOLIS NEWSPAPERS a DAIL Y STAR newsp
printed and published in the English language in the city of I NAPdR~"i'i~qfate~
vL:il 1_l.J
and county aforesaid, and that the printed matter attached her ~. s a truei-MiM 6 200S
which was duly published in said paper for
03/03/2005 and 03/03/2005 ~
Clerk
Title
Subscribed and sworn to before me on 0
ti
Notary Public
My commission expires:
RATE PER LINE
PUBLISHED 1 TIME = .339
PUBLISHED 2 TIMES= .509
PUBLISHED 3 TIMES= .679
PUBLISHED 4 TIMES= .848
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" ICEMILLER
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Ms. Connie Tingley
City of Carmel - Division of Planning & Zoning
Third Floor
One Civic Square
Carmel, IN 46032
LEGAL a BUSINESS ADVISORS
March 15, 2005
WRITER'S DIRECT NUMBER: (317) 236-2319
DIRECT FAX: (317) 592-4788
INTERNET: Zeff.Weiss@icemiller.com
RE: Martin Marietta - Mueller Property North (#050010021 sm Proof of Notice
Dear Connie:
In regard to the Proof of Notice for the Martin Marietta - Mueller Property North
(#050010021 SU) zoning case, enclosed is a copy of the "Publisher's Affidavit" from the
Indianapolis Star (Indianapolis Newspapers) indicating that the Public Notice for the March 28,
2005 hearing appeared in the March 3, 2005 edition of the Indianapolis Star. Additionally,
enclosed are copies of the "Green Cards" from the certified mailing that was sent to the adjoining
property owners on March 1, 2005. Please note that, as of today's date, we have not received the
~_. "Green Card" back from Edward N. & Nadine S. Penman. However, I have enclosed a copy of
the Certified Mail Receipt indicating it was mailed on March 1,2005.
Per your request, I have also enclosed a copy of the letter we sent to the adjoining
property owners as well as the notification list from the Hamilton County Auditor's' Office.
There is one clarification I must bring to your attention. The staff person from our office who
prepared the mailing list from the Auditor's Office information inadvertently discarded the
original list, hence, the reason for a duplicate (different date) list. On the March 14, 2005
Auditor's Office list, Bernard J. & Marilyn B. Lally were listed as adjoining property owners;
however, they were not on the original list. Mr. Bart Griesenauer from the Hamilton County
Auditor's Plat & Mapping section explained that they have three (3) staff people preparing the
lists, and because subjective determinations are made regarding adjoining property owners, the
list(s) can, and in this case, do differ depending on the staff person and their decision(s).
Please contact me directly at 236-2319 if you have any questions.
Very truly yours,
ZAW/jbw
Enclosures
..
One American Square I Box 82001 I Indianapolis, IN 46282-0200 I P 317-236-2100 I F 317-236-2219 I www.icemiller.com
India na pol iSHlnjljrilJ.'3lP726~lhington, D.C.
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LEGAL 11 BUSINESS ADVISORS
March 1, 2005
WRITER'S DIRECT NUMBER: (317) 236-2319
DIRECT FAX: (317) 592-4788
INTERNET: Zeff.Weiss@icemiller.com
Certified Mail
Return Receipt Requested
RE: Martin Marietta Materials Inc.-Special Use Application
Carmel/Clay Board of Zoning Appeals-Docket No. 05010021 SU
Dear Interested Party:
We represent Martin Marietta Materials, Inc. in connection with a Special Use
Application ("Application") that it has filed to establish a sand and gravel operation on 104 acres
of property located at the northwest comer of 106th Street and Hazel Dell Parkway. The
Application has been docketed as Case No. 05010021 SUo
A public hearing before the Carmel/Clay Board of Zoning Appeals has been set for this
matter for Monday, March 28, 2005 at 6:00 p.m. in the City Council Chambers, which is located
on the second floor of Carmel City Hall, One Civic Square, Carmel, Indiana 46032, as described
on the enclosed Notice of Public Hearing.
Of course, if you should have any questions or comments with respect to the
aforementioned Application in advance of the Board of Zoning Appeals hearing, please do not
hesitate to call me.
Very truly yours,
VM
ZA W:jbw
Enclosure
cc: John Tiberi
INDY 1509628v.l
One American Square Box 82001 Indianapolis, IN 46282-0200 P 317-216-2100 F 317-236-2219 www.icemiller.com
Indianapolis Chicago Washington, D.C.
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLA Y BOARD OF ZONING APPEALS
(Docket No. 05010021 SU)
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals will hold a Public Meeting
on Monday, March 28, 2005 at 6:00 p.m. in the City Hall Chambers, One Civic Square, Carmel,
Indiana, 46032 upon a Petition for Special Use Approval to establish a sand/gravel extraction
operation on approximately 104 acres, with an artificial lake to be established as part of its plan
of reclamation, located at 10750 River Road, Carmel. Indiana (the northwest comer of East 106th
Street and Hazel Dell Parkway).
The petition is identified as Docket No. 05010021 SUo
The real estate affected by said Petition is described as follows:
Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Beginning at the Southwest comer of Section 4, Township 17 North, Range 4 East of the Second
Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55
minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of
3,302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a
document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton
County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the
Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50
feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89
degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39
seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet;
6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees
37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of
said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of
said Section 4 that is 154.10 feet North of the Southeast comer of the North Half of said
Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1,718.86
feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of
KINGS WOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana,
the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's
Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00
degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to
the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 51
minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1,521.03
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feet to the Northeast corner of real estate conveyed to the City of Carmel, Indiana, per a Deed
recorded in the Office of the Recorder of Hamilton County, Indiana, on page 865 of Deed
Record 329, said corner being 1,146.65 feet East of the Northwest corner of the South Half of
said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of
said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the
Southeast corner of said real estate, said corner lying on a line that extends South 89 degrees 51
minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest
Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the
Southwest corner of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said
line and the Westerly prolongation thereof, a total distance of 1,145.58 feet, per the aforesaid
deed, (1,144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest
Quarter, said point being also the Southwesterly corner of real estate conveyed to the City of
Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number
8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the
Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning.
Approximate coordinates at the center of the site are as follows:
39056'34" N latitude
86004'46" W longitude
All interested persons desiring to present their views on the above Petition, either in writing or
verbally, will be given an opportunity to be heard at the above mentioned time and place.
Martin Marietta Materials, Inc.
INDY 1509658v.l
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SENDER: COMPLETE THIS SECTION
Ricbllrd~. P~
S093St.(J~lesiPlace
carmel, IN 46033
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1. Article Addressed to:
Michael~.&;Janet S. Thyen
5083 St.Clmdes Place
Carmel, IN 46033
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ICarmel, IN 33 Weiss 20
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SENDER: COMPLETE THIS SECTION
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'Kurt v. cl Dianna K. UUman
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2. Article Number
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Charles Place .
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! 1. Article Addressed to:
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J S~en E." Mary Jo Wedding
1 S6338tChatles Place
iQrmel, IN 46033
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I 5043 St. Charles Place
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Mueller Development, LLC
Hazel DeD PWWiy
~tis, IN 46280
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Mail
eturn Receipt for Merchandise
o Insu C':O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
': 2. Article NU'!lber; : :; ;;;;;
'I (rIansfer tipm $Ei,v/!;e Jah&~ \
1 PS Form 3811, August 2001
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Domestic Return Receipt
102595-02-M-0835
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SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
l.1, Artip~_~dd~l!dt()-=-____._ _____
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i
i Gio"'V8t1J'li D.&. Wendy J.DeLuca
I. 5063St.Cbatles Place
f~armel, IN 46033 Weiss 2053
'.
Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(rran!!fer, frqrr ~eN~~~bef) ( i
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PS Form 3811 ,August 2001
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102595-02-M-0e35
Domestic Return Receipt
..
. Complete it , 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
~t
o Addressee
B. Received by ( Printed Name) C. ate of Deliv~
Lel..{,tu () k 3 - L/ -0 :>
D. Is delivery address different from item 17 0 Y~/
){E$,~ter delivery address below: I4'ffcj
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Corporation
. Road
Weiss 2053
3.~_<;
~.I 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service label)
PS Form $811.ilu~u~i~o01i
7002 0860 0000 6996 4115
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102595-02-M-0835
. ComPlete itelTis 1, 2, and 3. Also complete
item 411 Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits..,
1. Article Addressed to:
Gregory K. It Julia Dimond Appl'
5123 St' aumes Place
Carmel, 1N'46033
j 2. Article Number
. (TrBM/eriffoffl ~ /atJe1l i i
i 1 1 r' J 1 'f 1 .
I PS Form 3811, August 2001
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7~R?i iO~k~; O,QPQ, i999R i i~p61
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Domestic Return Receipt
102595-02.M-c835
. . .
U.S.. Postal Service ,', . .
CERTIFIED MAIL RECEIPT . '" .
(Domestic Mai~ 9n1y; No Insurance Coverage Provided)
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. -. e Postage $
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e Certified Fee
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Retum Receipt Fee
e (Endorsement Required)
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00 Restricted Delivery Fee
e (Endorsement Required)
nJ Total Postage & Fees.
e
o Sent To
I"- Edward N. " Nadine S. Penman
!jjt'.StCiiaries.PIaCe...............................m..................
~JmiC~.4'6tt.t3.....m.............Weiss.W5'3i.:2...........
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HAMILTON COUNTY AUDIO
o
I, ROBIN MILLS, AUDITOR OF HAMILTON COUNTY, INDIANA,
CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN
EXHIBIT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABUTTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS
SUBJECT PROPERTY.
THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY
OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL
ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY.
ROBIN MILLS, HAMILTON COUNTY AUDITOR
DATED:
~~
3-/1/-05
Monday, March 14, Z005
Page 1 of1
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HAMILTON COUNTY NOTIFICATION LIST
PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING
PLEASE NOTIFY THE FOLLOWING PERSONS
17 -14-04-00-00-019.000
E & H Mueller Development LLC
11173 Hazel Dell
Indianapolis IN
Subject
PKY
46280
16-14-04-00-00-018.002
American Aggregates Corp
1337 Dayton Xenia Rd
Xenia OH
Neighbor
45385
16-14-04-00-00-018.002
American Aggregates Corp
1337 Dayton Xenia Rd
Xenia OH
Neighbor
45385
16.14-04-00-00-020.000
City Of Carmel
Neighbor
Carmel
Civic Square
IN
46032
16.14-04-00-00-020.001
City Of Carmel
Neighbor
Carmel
Civic Sq
IN
46032
Monday, March 14, 2005
Page 1 of5
'f
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u
16-14-04-03-03-032.000
Terence P & Marcia Ann Weiss
Neighbor
5013
Carmel
St Charles PI
IN
46032
16-14-04-03-04-020.000
Bernard J & Marilyn B Lally
11087 Huntington
Carmel IN
Neighbor
Ct
46032
16-14-04-03-04-021.000
Michael G & Sharon M Donnelly
11079 Huntington
Carmel IN
Neighbor
Ct
46033
16-14-04-03-04-022.000
Kurt V & Dianna KUllman
11078 Huntington
Carmel IN
Neighbor
CT
46032
16-14-04-03-04-024.000
Gregory K & Julia Dimond Apple
5123 St Charles PI
CARMEL IN
Neighbor
46033
16-14-04-03-04-025.000
David M Scheidler Trustee
5113 St Charles PI
CARMEL IN
Neighbor
46033
Monday, March 14, 2005
Page 2 of5
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16-14-04-03-04-026.000
Neighbor
Edward N & Nadine 5 Penman
5103
CARMEL
5t Charles PI
IN
46033
16-14-04-03-04-027.000
Neighbor
Richard R Phipps
5093
CARMEL
5t Charles PI
IN
46033
16-14-04-03-04-028.000
Neighbor
Michael E & Janet 5 Thyen
5083
5t Charles PI
Carmel
IN
46032
16-14-04-03-04-029.000
Neighbor
Francis M & Julie A Kozak
5073
5t Charles PI
Carmel
IN
46033
16-14-04-03-04-030.000
Neighbor
Giovanni D & Wendy J Deluca
5063
5t Charles PI
Carmel
IN
46033
16-14-04-03-04-031.000
Neighbor
Thomas C & Carol M Yedlick
5053
5t Charles PI
Carmel
IN
Monday, March 14, 2005
46033
Page 3 of5
ir
o
u
16-14-04-03-04-032.000
Schumann, Christopher K & Heather R
5043 St Charles PI
Carmel IN
Neighbor
46033
16-14-04-03-04-033.000
Steven E & Mary Jo Wedding
5033 St Charles PI
Carmel IN
Neighbor
46033
16-14-04-03-04-034.000
Kent M & Debra L Broach
5023 St Charles PI
Carmel IN
Neighbor
46033
16-14-05-00-00-007.000
TMFLtd
4607
Neighbor
Carmel
116th St E
IN
46033
17-14-04-00-00-017.000
American Aggregates Corp
1337 Dayton Xenia Rd
Xenia OH
Neighbor
45385
17 -14-04-00-00-018.000
American Aggregates Corp
1337 Dayton Xenia Rd
Xenia OH
Neighbor
45385
Monday, March 14, 2005
Page 4 of5
;;-
-.
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Q
17 -14-04-00-00-018.000
Neighbor
American Aggregates Corp
1337
Dayton Xenia Rd
Xenia
OH
45385
17-14-08-00-00-008.000
Neighbor
American Aggregates Corp
1337
Dayton Xenia Dept
Xenia
OH
45385
17-14-09-00-00-001.000
Neighbor
American Aggregates Corp
1337
Dayton Xenia Rd
Xenia
OH
45385
17 -14-09-00-00-003.000
Neighbor
E & H Mueller Development Lie
11173
Hazel Dell
PKY
Indianapolis
IN
46280
17-14-09-00-00-003.000
Neighbor
E & H Mueller Development Lie
11173
Hazel Dell
PKY
Indianapolis
IN
46280
17-14-09-00-00-004.000
Neighbor
City Of Carmel
Civic Sq
Carmel
IN
46032
Monday, March 14, 2005
Page 50f5
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