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Babbitt, Pamela A
From: Butler, Angelina V
Sent: Wednesday, August 06, 2003 2:00 PM
To: Babbitt, Pamela A
Cc: Dobosiewicz, Jon C; Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie
S; Holllbaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock,
Ramona B
Subject: Docket No. Assignment: Walter's Rolling Acres- Plat Vacation (118-03 PV / 03080004)
Pam,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
Docket Number for Walter's Rolling Acres- Plat Vacation. It will be the following:
Docket No. l 18-03 PV (#03080004) $582.50
Total Fee: $582.50
Docket No. 118-03 PV (#030800041 Walter's Ro11inE Acres- Plat Vacation
The applicant seeks to vacate lots within this subdivision in order to develop the Clay Terrace Development.
The site is located at southwest of 146th Street and US 31. The site is zoned PUD/Planned Use Development.
Filed by Joe Downs for Clay Terrace Partners, LLC.
Petitioner, please note the following:
1. This Item will be placed on the August 20, 2003 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than (Friday ,August 22). Published
notice is required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than noon, Monday, (Sept.15).
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Twenty (20) Informational Packets must be delivered to Plan Commission
Secretary Ramona Hancock no later than noon, Friday, (Sept. 5). Failure to submit Informational Packets by
this time will result in the tabling of the petition to the Tuesday, (October 2 ]), agenda of the Plan Commission.
5. This Item will appear on the (Sept 16) agenda of the Plan Commission under Public Hearings.
6. This Item may also appear on the October 7 agenda of the Plan Commission Subdivision Committee.
PETITIONER: refer to your instruction sheet for more detail.
Please contact Joe Downs at 575-3076 (Fax:
please return it to Jon's office.
with this information. Once the file is updated
Thank you,
Angie Butler
t
THE CARMEL PLAN COMMISSION
APPLICATION TO VACATE PLAT, COVENANTS,
AND PUBLIC UTILITIES
REC ~ ED
JG'L ~l 2GG3
OOCS
Name of Applicant: Metro Acquisitions, LLC
Applicant's Phone Number: (317) 575-3076 (Joe Downs)
Address if Applicant: 9777 N. College Avenue Indianapolis IN 46280
Names of Owners: Clay Terrace Partners, LLC
Address if Owners: 9777 N. College Avenue, Indianapolis IN 46280
Name of Subdivision: Charles E. Walter's Rolling Acres Resubdivision
Recordation Information: Plat Book 2, Pages 34 and 35 in the Hamilton County
Recorders Office.
Description of portion of plat to be vacated: Part of Lots #4 and #5 in Charles E.
Walter's Rolling Acres Resubdivision being more particular) described as follows:
Beginning 186.0 feet Northwesterly from the intersection of the line between Lots #3
and #4 with the West right of wav line of U.S. Highway #31 and on said Lot line•
thence Southwesterly 188.96 feet to a point on the Southwest line of Lot #5 distant
181.99 feet Southeast of the Northwesternmost corner of said Lot #5: thence
Nortwesterly on and along the Southwest line of Lots #5 and #4 321.42 feet to the
Westernmost corner of Lot #4; thence Norteasterly 30.1 feet to the Northernmost
corner of Lot #4; thence Southeast 280.32 feet to the Place of Beginning.
Also, Lots #1, #2 and #3 except that portion thereof acquired by the Indiana State
Highway Commission for right of wav purposes for Project S 165(14)• Subject to a 25
foot access strip along the Easternmost and of part of Lot #3.
Area, in acres, of portion of plat to be vacated: 2.216 acres
Are you also asking to vacate covenants, commitments, and/or public utilities? Yes X No_
If yes, then attach record stamped copy of the subject covenants, commitments, and plat.
State reasons prompting request: to remove lot lines,. drainage and/or utility easements,
covenants and building set-back lines to facilitate inclusion of Lots "1" "2" and "3"
and portions of Lots "4" and "5° as part of redevelopment and creation of Clay
Terrace Development.
State conditions requested as part of appro ne
~~~~~~
Mi ael C. Cook, Attorney for Applicant
WOODEN & McLAUGHLIN LLP
One Indiana Square, Suite 1800
Indianapolis, IN 46204-4208
(t) 317-639-6151
(f) 317-639-6444
mcook@woodmaclaw. com
• •
STATE OF INDIANA )
SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally
appeazed Michael C. Cook, attorney for /1'1e~ro /t~y.,.~: /~'e..l.~K who
acknowledged execution of this Petition and Annexation.
WITNESS, my hand and Notazial Seal this / ~ `day of July, 2003.
- ,
( )Notary Public.
My Commission Expires:
My County of Residence:
Donna M. Van Hatton. Illntani Puhiir,
County of Residence: Hamilton
My Commission Expires: Sept. 6, 2007
-r
f •
Docket No.:
Petitioner:
Part of Plat to be Vacated:
CARMEL/CLAY PLAN COMMISSION
Carmel, Indiana
PLAT VACATION: FINDINGS OF FACT
Metro Acquisitions. LLC
Lots 1. 2. 3. 4, and 5 of the Charles E. Walter's Rolling Acres
Resubdivision, Plat Book 2, pages 35 and 35 in the Hamilton
County Recorder's Office
Pursuant to Indiana Code 36-7-3-11, based on all of the evidence presented by the
Petitioner at a hearing held on
the Plan Commission hereby approves the
Petitioner's Application to Vacate Plat, Covenants and Public Utilities for Lots 1, 2 and 3 and
portions of Lots 4 and 5 of Charles E Walter's Rolling Acres Resubdivision, Plat Book 2, pages 34
and 35 in the Hamilton County Recorders Office (the "Lots") based upon a finding that:
1. Conditions in the platted Lots have changed so as to defeat the original purpose of
the Lots in the plat that the Petitioner seeks to vacate.
2. It is in the public interest to vacate the Lots within the plat.
3. The value of that part of the land in the plat that is contiguous to the Lots that is not
owned by the Petitioner will not be diminished by vacation.
Dated this day of , 2003.
Carmel Plan Commission
ATTEST:
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WOODEN & MCLP,UGHLIN LLP
ONE INDIANA SQUARE • SUITE 1800
INDL4NAPOLIS, INDIANA 46204-4208
TELEPHONi: (317) 639-6151 • FAX (317) 639-6444
DATE:
TO:
TELECOPIER #:
CLIENT-MATTER #:
FROM:
OPERATOR:
August 1, 2003
Jan C. Dobosiewicz
571-2426
1750-0226
Matt Adolay
TOTAL PAGES TRANSMITTED: 8 (including this cover sheet)
i~ool
DOCUMENT DESCRIPTION: Application for Plat Vacation including improved description of
affected area
COMMENTS: This application was filed July 17, and you suggested that I should submit a
better drawing of the vacation azea. I've included the entire application for your reference. Please
advise if you require additional information. Thanks very much
CONPIDENTIAI.ITY NOTICE: THE INFORMATION 1N THIS TRANSMISSION IS PRIVATE,
CONFIDENTIAL, MAY BE LEGALLY PRIVILEGED, IS THE PROPERTY OF THE SENDER AND IS
INTENDED SOLELY FOR TFIE U56 OF THE ADDRESSEE. 1F YOU ARE NOT THE ADDRESSEE, YOU
SHOULD NOT READ, DISCLOSE. AISTRIBUTE, COPY, USE, OR RELY UPON THE INFORMATION
CONTAINER IN THIS TRANSMISSION. Hr YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR,
PLEASE NOTIFY WOODEN & McLAUGHLIN LLP IMMEDIATELY AT 317-639.6151.
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