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0 77- 2885614 PUBLISH AFFIDAVIT State of Indiana SS: MARION County P ,UBL �C NOTI ES UB� IC p S Personally appeared before me, a no public in and for sa id coun and state, NOTICE 0 PUBLIG B EF O RE Tong the nnrtnme or 5 a`sechpn io- the undersigned Karen Mullins who, being duly sw says that SHE is clerk t THE CARMEVCLAY th pr olon g ed west line of the owner's I BOAR Z ONING AP PEALS a la thence S 0 degrees,',' of t in Do N o s 'XV 8 03 1V-86 0 3 utes 46 s East 5 030,m V 87 03 V 68 03 V 89 03 (16 SD feet) alo s aid prp he INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation V '90, 03 r$ V-91 'V 92 03 line to the poin of beginnin H the V -93 03 a ntl V 44 -0 s 'decnptm which point ,s on the_south No t ce is gven tha th e' b ound a r y o f 146th S tre e t t hence.NO rth Carmel C l ay Board of Zoning Appeals ;68 degre 3 6 h en a ^.Dods r inted and ublished in the En llsh tang ua a in the city of INDIANAPOLIS in state meeting o'n the 22n "day of,Septembe °r,� Eas ,..,134 360 me (440 81= feet), P P g g Y 2003 a 7:00 atit in the Cny H all Council r along the, b'o`undary, Ott s f Cham bers,�rl Civ¢ Square Carme Street to the :.west boundary Indlana4 w nala a Publi frontage road thence 5oUth l;degre'e an county aforesaid, and that the printed tary matter attached hereto is a true copy, Hearing upon D 23 mi 17,se con d s East<2043 Standards Varian app lications for me (670 feet) a long th boundary Lauth Group ;'Applicant of'said frontag °road the South I1 requestsith follow tlevelopmenta degrees 3 mi nutes 19 s econds East wh ich was duly published in said paper for 1 time(s), between the dates of: standa variances o Ordin ance No 20:571 meters (6749 f along id sa 0-3 86-02 within the frontage road Rhence South t C /Clay ZOmngOrdina nce s 39.mmutes 46 "sconds Eastr11964 1) Sectio S10 3 C 1 T ce cen t he meters tes 5",feeq along saldltiound 09/0 an d 09/05/2003 C/. 2 Idenhhcah Groun Signs Vana nce ary hence Soutfi;6 degrees 36 imm reque to i the m aximum` ales 43 secon W est 154 t 405 e`df meters, i y t height, from 6 feet to 7 f 5 inche 0 (506 58 feet) t o th e w es hn the 1 and desig fo be consisten w d b s ov✓ l thence N or th 0 deg re es h I nage'� app roved b Pla 13,'mmu 46 seconds�Wst 20 975 j Clerk Commissi No 19 AOLS meter (66 2 fee t) along said :wet, m heu of design app roved i n Exhibit B line to the,pom of,begimm� and T to Z 386 -52 a4i taunn 0 3122ahecta 772 con cres 2) Section 6 3 C 2 D 5 Highway 4,1 more or le E (EXI S IING 15 t Center "nhfmah Groun Smgn rA'part o f the East' Half of the N o R/ rthea s Vanance request to mcrea maxi Quarter 0 f Secti 24 Town d 8 mum he 7 feet to feet 11 North Ran E Hamilto County, Subs cribe d and sw orn to before m e on 09/0 5/2003 i nich antl desig to be cons istent wdh, ,Indiana des foltows a si d esign approve b Ptan Beginning on the nor line of s ai d sec Comm ssio (Do No 19�3b AO lion South 88 degrees 3 m n te s 43 '0,6'z heu of design ap proved m Ex B seconds West (assumed bearing) 386-0 d, s+ r 6 0 960 meters (200 00) feet) from the ry 3) Se c tion 810 C 3 Center northe c orner of said section L l t ;identific s igns Va thence S outh 1 degre 23 minutes 17 Notary Public t requests r r seconds E 5 0 30 meters 1 6 50!feet) (a) to modrfy the p rovision o 2 si a 00 th so boundary of 146 Stree e n OFFICIAL S E AL each int ersection of a private dove o rs tlienceh B8: iiegrees 3 pminu rs s pub s treet and Range Lme; allow `43 'seconds West 1 mete Brenda R. Tur (I) 1 0 Pedestrian Sgns (5 prim ary and :049.8 1 feet) to "the w hne00 the My com iJ S sec „to be located shown, owners land the nce s Nor t h. 0 degrees FO on the a pprove d Si Plan along Range; 13 minutes 46seconds W est 50 m ission exp It tUne.Roa /Cla terra Bl and (d) mete (16 50 feet) along said: :wes :11 P edestnanrSig n s (9 p rimar y an d 2 line 0 0 sa md nort h'tine thence North 88 My Colrl misslon Exp. OS /06/2O i to :be located a s''shown o degree 36 minu tes 4 s econds =East the pprov Sign Plan in various la 1 134 258 meter 4 8 feet) (alon bons m th parking area and pedes sai d north hoe to the point of hegmpmg ,T7 r RA PER L INE -than wa an b) to increase the and cuntammg 00675 he ctares (0 167 r1 v L A 'maximum height from 5 feet to 10 feet a cr e s) more er less E XCEPT S H ELL '9 niches b P r” of 1 t �D 4 Section�'§10 3 D WaII Signs Loc i the Northe Quarter 1� c Vanance requests (a) to determine Se 2 Tow 18 North Range T r PUB LISHED 1 TIM 308 cMaxim S ign Areaf0r tenants °m 3 East rdescnbed asfollo $egnning rZ 4 5 t mul h tenant on S in gl e te)pnt bwldmgs afapmnt 115 5feetiWe of ;the 1 6.49 e ,p :M s 6,' PUB LISHED 2 TIMES= .462 fronting on `Rnge Line /Clay, Northeast corner ?ot Section TAU ':Terrac B based upon the follow township 18 Narth Range 3 East i AC PUBL ISHED 3 TIMES= .616 for 30 square f for fhe firs SO thence Soutfi 28 degrees 18 minutes Z�u.: t t �hnear fee o front plus 1>souare Wes 00 an iron p ost a dis 308 CENT PER LINE PUBLISHED 4 TIMES= 770 s ;f000/ lin ear feet of fro ntage 5 tin 410 .75 feet to an iron 0050,,rt ;ear feet but n ot t o exceed amaxi "Soutfi 44. degrees 13 m inutes West to of BO s feet of si area rathe p an von po st, a dis o 4 61,5 fe to l r than per Ordinan Z 302 "and 1.4'1,,, OD a n: v on post t hen ce so uth 41 d each bw ldmg:'deem e d t o ,be a t le m inutes to an,r a dist of 'feet fro nghteo way hne,with ma xi 92LZ feet 00 an'don post l 67 mum rot', 0 square feet for <5 feet o 't of the` Southw c orner'00 pfron tage 46`sq ft for >50ft but« .t Northeast q of t he Nort heast 101 ft 01 fron tage and b0sq:" ft for Quarter 0 0 said Section w >100 but c 1 ft 0f frontage (b) to A p a r t of the Nor theast Qua 'allow lan the followmg sp ecrfic;type s of ,Section 24 Town ship 18 Nort Range C walt signs „and sign guideline a 3;East, Iocateds Cl Townsfi p "app roved by Plan COmmissmn m Hamilton County; Indiana b eing mare -Imeu 0 Wall Si shall be composed specifically descnbedas follows ;of individual le t ters an d logos and may BEGINNING at a point on the Eas line be dtummated by intern or aTtd. I al of the'.NOrtheas't (quarter of Sechonl,?4, sources acceptable wall0090 types To wn s hip 18 North !Range 3 East,, said,' dimensmnal! wood metal; glass or Po mt`00 Begnn mgybemg'Snutn7 :00 other� materiaf wdh a permanent de grees 00 minutes 00 secon'ds appeara i ndirectly Id m s (a s sumed b feet :(r `a;, reverse channel letters with halo ithe;Ngrtheas corner;00 said Northeast il opaque t eller s des quarter thence, So 00 degree `and fac a no n reflective back minu 00 se conds�.68035 fee (m`ez g rou nd -et; an y u cure 6802 fe et,D eed) 0n uarter f embedded flush r ece s s ed box s gns the East tine of said Nor theast Q prof an, opaque materi wino route to i u t es. bemq'NOrth 00 degree 00 r�pus through) translucent acr let minutes 00 seco nds600 BO feet from tt,m sign ri c a s t into or a ed Quarter h thenc e So uth 88 a deg 5 4 Cuf o any opaque m md m,ect ty ht m in u t e s 30 West'13 fee t ',r scul ptuiaficonographi c elements parallel w dh t he: S Ime o f said, t c ontextual to the 'atq efront design s a Northeast Quart NO blade sgn maxm sign area degrees 01;mmutes s e c onds „e Wes es' td be a s approv by Commdte 00 680 20' feet; 88 d gre— `Pl a nlo mmi s sio nt h k 54 minutes 0 7 seconds; Eas t.1305f4 2 f` unacceptable w s 9n type r fe t pst h e POINT;i3OF BEGINNI NG illumi mdi ui du al Containing 2 038 acres more C orr. less t cha nnel letters with acry faces a bemg sublect to t of may r g rant- I P +o chann l et ter s with "exp 0 or 8.0 Roa Number Thuty One _an e' neo illuminahon lvit hin th 00 w ay grant far a frontage i `f� surface m ounted b ox 0r ca typ ro ad.adla c e nt R O U.S. Road Number 'signs F Thvty ryOn le awn`g 08 37 a :moo .cloth paper cardboard sgn of o r less;, being subjec t0 alt a p p licable ,,other tenipora nonrdurable, mate e asem e n t s `and •righ way o f record: t,; vials Tract `A( Tract B in A Rep of Part ;rst or de cals aroun or pn cur of Walte Plaz ,R eptat t he lat(00 faces o f the sr efront wh¢h i s r Plat Book 2 p rot Ha shing .,t.9: ms emk i ng anim 267 i n the Office of aluo, amdton na Coun ating or moving sgn Reco Ha milt o n Co India `non illum s of any kind A p a rt of the East half p f the Northeast 18 1 The property is locate sout a w Quarte of Se 24 Town ship 00 the mter sechon 0f 1 46th Street an North 'Range 3 Ea m Hamil O :S 3110 Carmel, I ndiana C o unty, Indiana tmo e p articu la rly `Toe applications identrf as describ as follows y t Docket Nos V -cBS 03 V '86 03 Be at a 00000 e the North li �V -87 03 r V =88 03 iV —'69 03 of the 0a id half Quarter Sec ti o ns' "s id e V -90 03 V =91 03 r V c92, D3 `poin 640 t feeet West ot'th 'V 93 -03 and V'94-03 resledti6el No C orner o f s aid half Quarter :The rea estate ef(ected,b apple Section Contiaue WestWatd canon is descnbe in the fo llowing 1long and with,the afor Nortf hne `legal descnp 170.(4,, eet the nceSouthwarrdly paral Parcel1 (Ins 2 0 0 0 47987) Part of l the IYn East `e of said6Ea the East;Half of the N orth e as t quarter :quarter Se chon(310 00. fe et; ri l m ece io Section`24 To xn snipa1 B North °Easiwardlypara the Ncrthiin 'Ra 3 East m HamtItonz afo'resa Half, qu arter.S ec t ori'170.00 Indiana mo particularly descnbed as feet4.t henc eA ,,,e wardly 310 00f follows r to cthe place b egm mo g esota Beginning 00 'the North line of .the East 1:200 acre m ore or le s sn x x%'-+ :hal of the Northeast; Qoa A `Part of the E Half 0f the North Secti 24; Township 18'North Range, Quarter of S ection 2 4 Towns fiipl n r 3 East 810.4 feet Sou th 88 degrees 475 North Range 3:Eas in Hamilton minutes'30,second (as sumed- County Indiana ";'Wor par UC Ularly I'.bearin g',39 the Northeast:c descnbed a's follows: r rl said Noftheast'Quarter, thence So Beginning at a point on the Noh li n e r; 00 degrees +02 minutes+45',esecoods 0f thesEast Hall of the Northeast ;East parallel with the 0351 line of said ,Quarter of Se`ctiont24 Township 18 4Northeast Quarter 310 00 feet, thence NortF Range 3 East, South 88 degrees �yNorth;88'degrees ?47 mmutesr30 sec `47 ymoutes 30 "seco`nds West (assumed onds East parallel with`rsald.NOrth Ime bear'ing)�1092'Pi feet lrom the J179---- 00 feet thence South"00'degrees :Northeast come 01 wg...4 Northeast 02 m nutes'95seconds +Eost? parallel .quarter thence: South 00- degreest 1'w45 the s de,c hne 369.8 feet to the minutes 39seconds'West 35588 :feet, ;North Ime of real esta descriped m a thenceooth 88";de`grees 46 mmutes i; conveyance by; Warranty Dee "Record 42 ,seconds W 206 95�feettoathe ;169 page 378In the'Ofhc the ;Wes of sa d East %Half,'thenc Recorder 'aPHam,iton County;' Indiana,'.. North 00 degr 00 mmutes 50 %c-•. :thence South j88 degrees "51 °minutes' ond s West 00 and along said W est l '20 50000 s'West: parallel with the 355:55 feet 10 the�Nort hwest co `South line`oPSaid Northeast.Quartery 'said`, East Half; then Nor th,, 88 '665 09 feet to the West hneiof sad degrees `47,`minutes30 secon East `E half the`nce North 00;degr`ees 00 no and alongsad +North`-line =219:00 n utes 50 sec'onds West on said West feet: to the place ;01 beginning' 11 line; 32330 feetto a point 355155 feet °Except that part deeded to the.BarrantOard 'South o f the Northw cor net off sa of County Commissioner byiWy,;, East Heel, No 88' 46, 'O e ed dated May 4, 1998'and recorded iunu sec Ea c 95tfeet July:16, 199 `aslnstrurn thence Nor deg rees 57.mmutes, 98., rm 0 the .39 seconds East:355 68 feet to1a p0mt Recorder o f Hami County In diana,' on the North line of said being more particul de as Quarter 1092 :21 feet Westbf the follow t i' ;`Northeas corner thereof;bthence 6 part 01 the Eadt-Half'of the Northea ;North 88' d e grees 47 minutes 30 sec` Quart e-b h bons24,T° wnshipt18 r fonds East unsai N 73 North, Range 3 0 1,, H amilt e rCounty feet to the Northwest corner {of real Indiana descnbed as follows a estate descnbed Ina conveyance by Beginning 'et a a p0101 o the No rthlin e ;Warranty Deed recorded inaDeed of said Section.South 88 degrees36 Record iN i d ,'page 211 tn`i(sa d .000utes 43 seconds "Wesl'(assumed 'Recorders Office bemg "48 feet ties'ring) 332906 meters (109221.feet) West ofsad,Northeast,comerlthence, froihmthe Nor of; said South 00 "degr`ees 12 n10910 00 30 sec Section said point i0 at a3Northe501 '0090 East on the West hne "of said real cor'ner01 the owner's:land, th e South estate 350 00 feet to the`!Southwest 00 "`degrees 46 minutes 52`secords corner thereof; <thencegNorth 88 .West:'S033 mete is'(1d,51 ^feet) along degr 47,minutes 30seconds,East an '0ast line of the,owners land;,thenc .on the 00016 line of sad r Noild estate South ;89 degrees 36'mmutes, 43_sec parallel w ;said North line.;125 00 ',,,7-West 64,705 .meters (212.29 feet feet to the Southeast corner o 1 said 10 o West line of',the owner's land; ;real e state ,thence North 0 degrees thence`North 00 degrees.11 mmutes :12_mm utes "30 %seco West*00 the 53 secon ds West 5.030 meters (06.50 'E East hne of sai d r eal estate 350:00 feet "'feet) alo said W estline to Said,Nort `10 t North Ime 0f said. Northeast hne; „thence North degre 36 m,:,;” Quarter 'th No 88+'degreesy,47' utes'43 seconds E ast, 64 791 m eter`s „minutes` 30 seconds East on sa,d.NOrth, _(212,57 leei)'alongg.s 1,0 to 'line 3300 fe to the place of beginning thesp0101 of beginning and contammg Parcel 2 (Insf'^ #2000 47958) Part of 00326'hectares (180 acres more b the 3 Northeast;Quarter of Section 24 less 9;f„ To wnship 1 8 North Range 3 ".Eas Alsa except that part dee to the .19.c.-- ted in H amilto n Count to "y y Ind Bo ard;of County.Conmisswners -by bng more p articu larly de s c nbed as Warra Deed dated' May 4'; 8, and r follows x"n rt reco July 1641998 as °Instrument Se g tmm�g 84 348 feet We o1 th No.'95- 3895 6 th Office o1160 ;Northeas corn of the 4Northe a s t Recor of H County In diana; quarter of Se 24 Town ship 18 b e in g more particul d as North Range`3 thenc t on follows a, .t,4, l and along the: North line 0 id' 6pa`rt01the Eas Half of the Northeast. 'Quarter Sect 5 feetto.a "point; Quarter o Sectio t ownshlp'18r tfe`nce S 00 a forwar`d'defledion North; Range 3 Eas County; of 89 degree 00'minute left 350 Ind escnbed as follows 1 'fe to a po int thence Eas a nd paral Corn 0000ing at the Northeast corne 'lelit th North lin o said quar ter of said section thence. South;88 sec 125 feet a point, t deg rees' 36 mmutes 43 seconds West North 350 to t he'place 0f beg inning A (assumed beanng)y 332,906 tmeters ne part of th e SonS Half of the Northea (1092.2 f to a p rolonged East li YQuarter of; Section 24 ±Town 18 of t land thence T. ;No rth Range 3 East, descobedas'follows degrees' 46 mi nutes 52 second West Beginning at a Point 68 00`feet -South 5.033 m eters. (16 .5 1 feet) along said t he Northe c orner ot;t he3East prolonged East= lin p om01 Half of S 24 :Towns hip 18'9, 9 3 beginnmg-01 this des enptmn, w hi t' 146tch E; thence South on a nd a th East poi Is n the South boundary 0 Im of said 00 if 68 f ee t 00 a, S tre et then continuing South 00' point th West 1305 feet t t ,degre l46, m inutes52 seconds west ,West I m e of sa East Half;it °14.982 (49, leet) alo n g •0n', N 680 .3�fee =t0 an I Eastern of th owner' lan then ,thence'sa being 67,9. South: 0 8 degrees 36l m inut es ,West1 South, of the:NOrth the 64 449imet ers;(211145 feet),to the y 'said East Half;'thence Eas 1305,71 West li of the own land, thence ;feet 50 the place of beginning c North 00 degre'es minute 53- s e ect `ALSO on 1497 meters (49 4fet)=.' A p 0f the East Half 0f the Northeast said We line to the b oundary 8 0f ;quart 01 ,Sectio 24 Township 18 sad 14 6th Street ",the North 8� Range3 EesS descdeed as follows degrees `3d mmu tes'43 seconds -East; Beginnin a t 160 ;Nurth corner o1 64 705 `,rneter (21229 ,�lee along sai ?thesNor th eas t` Qu arter of Sec 24 boundary to the point of beginnfngon ¢Townshi 18,N, R'r3 E 'thence containing 0,0967 h ectare s 0239 along the Ea bne'of s aid Q uartersec acres mo re or less a io n b80 ea-s a t to a point t h e nce All in t e rested person g e rWes para llel wi th the North of sent their 91EN5 on (he ,above apphca said.: Quarte sect 6397 1feet to an lion either in wnhng or verbally will`> 'Iron *stake saidp0101 bein g666,010 91 be giveni00 opportunityj10 be h e t ,)East Of the,Wesialne of sad East Ha the a bove. me ;0ri d time an plac e' r: thence North Parallel with the West Interested persons may also hie vent hne; of the East'Half 6800 fe et 10ahe ten comments pnn 60 meetmgd, intersection wittith'e North line of sad The'hea'ring may 69 continued from r Qu sechon; thence East 00 and hme tojtime as maay be'found Weer",;; 1 a said NOrth lme` 640 0 feet toithe sery The pehtwns laps maybe k, e of beg iEXC EPT (RIGHT 00 viewed'at the ,City of cCarmel`; I WA'l) r o Department of Community Services 1 A part of the East Half 0f the N C Squar Carmel 109tana 46032 1 Quarter of Sec 241Tow 18 Paul G`.8 Esq r r .North Range 3 East Ha m i lton Co A t to r ne y f Lout Property Group b Indiana 4 scribe'das follows Jv`� ,i y Dr Simmo Pitts &iVO rnehm LIP" Commencing at the nnrtheast corner 8888 Keyston Cros 1200 sad sechon thence South` 88 deg Indianapolis Indiana 4 6240 36 `minutes 43 seconds West (assumed (317) 580 -4848 7r t bearin 1 95 218 meters (640.48 feet( (S 9!5 1889614) DREWRY SIMMONS PITTS &VORNEHM, LLP A T T O R N E Y S I 8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580 -4848 telephone (317) 580 -4855 facsimile www.drewrysimmons.com August 21, 2003 Via Certified Mail Certified 7160 3901 9842 1853 8863 Return Receipt Requested Mr. Charles Walker 165 Ewing Court Carmel IN 46032 RE: Sign Package Approval for Clay Terrace Project Parcel No.: 16 09- 24- 02 -07- 004 -001 Our File Number: 3197.002 Dear Mr. Walker: Attached to this letter is a public notice form notifying you of a forthcoming meeting of the Carmel /Clay Board of Zoning Appeals on September 22, 2003 at 7:00 p.m. at Carmel City Hall. Our client, Lauth Property Group, seeks approval of variances relating to the sign package for the Clay Terrace project located southwest of the intersection of U.S. Highway 31 and 146 Street. If you have any questions about the project in the meantime please contact me or Paul Reis of our office at (317) 580 -4848. Very truly yours, DREWRY SIMMONS PITTS VORNEHM, LLP Cf 2>i Mark T. Monroe, AICP, J.D. Land Use Planner Enclosures NOTICE OF PUBLIC HEARING BEFORE THE CARMEL /CLAY BOARD OF ZONING APPEALS Docket Nos. V- 85 -03, V- 86 -03, V- 87 -03, V- 88 -03, V- 89 -03, V- 90 -03, V- 91 -03, V- 92 -03, V- 93 -03, and V -94 -03 Notice is hereby given that the Cannel /Clay Board of Zoning Appeals meeting on the 22nd day of September, 2003 at 7:00 pm in the City Hall Council Chambers, 1 Civic Square, Cannel, Indiana 46032 will hold a Public Hearing upon Developmental Standards Variance applications for Lauth Property Group. Applicant requests the following developmental standards variances of Ordinance No. Z- 386 -02 contained within the Carmel /Clay Zoning Ordinance: 1.) Section §10.3 C. 1. Two Center Identification Ground Signs Variance request to increase the maximum height from 6 feet to 7 feet 5 inches and design to be consistent with signage design approved by Plan Commission (Docket No. 19 -03b ADLS) in lieu of design approved in Exhibit B to Z 386 -02. 2.) Section §10.3 C. 2. U.S. Highway 31 Center Identification Ground Sign Variance request to increase the maximum height from 7 feet to 11 feet 11 inches and design to be consistent with signage design approved by Plan Commission (Docket No. 19 -03b ADLS) in lieu of design approved in Exhibit B to Z 386 -02. 3.) Section §10.3 C. 3. Center /tenant identification ground signs Variance requests: (a) to modify the provision of 2 signs at each intersection of a private drive or public street and Range Line to allow: (i) 10 Pedestrian Signs (5 primary and 5 secondary) to be located as shown on the approved Sign Plan along Range Line Road /Clay Terrace Blvd.; and (ii) 11 Pedestrian Signs (9 primary and 2 secondary) to be located as shown on the approved Sign Plan in various locations in the parking areas and pedestrian walkways; and (b) to increase the maximum height from 5 feet to 10 feet 9 inches 4.) Section 10.3 D. Wall Signs Variance requests: (a) to determine Maximum Sign Area for tenants in multi- tenant or single tenant buildings fronting on Range Line Road /Clay Terrace Blvd. based upon the following formula: 30 square feet for the first 50 linear feet of frontage, plus 1 square foot 1 linear feet of frontage 50 linear feet but not to exceed a maximum of 80 square feet of sign area rather than per Ordinance Z -302 and PUD: each building deemed to be at least 5 feet from right -of -way line with maximum of 30 square feet for 50 feet of frontage, 45 sq. ft. for >50 ft but< 101 ft of frontage, and 60 sq. ft. for >100 but 151 ft. of frontage; (b) to allow for the following specific types of wall signs and sign guidelines, as approved by the Plan Commission, in lieu of "Wall Signs shall be composed of individual letters and logos and may be illuminated by internal or external sources." acceptable wall sign types: dimensional wood, metal, glass or other material with a permanent appearance, indirectly lit reverse channel letters with halo illumination, with opaque letter -sides and faces and non- reflective background embedded flush recessed box signs of an opaque material with routed push through translucent acrylic letters incised signing cast into or carved out of any opaque material indirectly lit sculptural iconographic elements contextual to the storefront design blade signs with maximum sign area to be as approved by Committee of Plan Commission unacceptable wall sign types internally illuminated individual channel letters with acrylic faces open channel letters with exposed neon illumination contained within surface mounted box or cabinet -type signs cloth, paper, cardboard signs or of other temporary or non durable materials stickers or decals around or on surfaces of the storefront flashing, noisemaking, animated, rotating or moving signs non- illuminated signs of any kind The property is located south and west of the intersection of 146 Street and U. S. 31 in Carmel, Indiana. The applications are identified as Docket Nos. V- 85 -03, V- 86 -03, V- 87 -03, V- 88 -03, V- 89 -03, V- 90 -03, V- 91 -03, V- 92 -03, V- 93 -03, and V- 94 -03, respectively. The real estate affected by said applications is described in the attached legal description. 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. Interested persons may also file written comments prior to the meeting. The hearing may be continued from time to time as may be found necessary. The petitions and plans.may be viewed at the City of Carmel Department of Community Services, 1 Civic Square, Cannel, Indiana, 46032. Paul G. Reis, Esq. Attorney for Lauth Property Group Drewry Simmons Pitts Vornehm, LLP 8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580 -4848 Exhibit `B' Legal Descriptions Parcels #1 and #2 Parcel 1 (Instr. #2000 47987) Part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning on the North line of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East 810.48 feet South 88 degrees 47 minutes 30 seconds West (assumed bearing) from the Northeast corner of said Northeast Quarter; thence South 00 degrees 02 minutes 45 seconds East parallel with the East line of said Northeast Quarter 310.00 feet; thence North 88 degrees 47 minutes 30 seconds East parallel with said North line 170.00 feet; thence South 00 degrees 02 minutes 45 seconds East parallel with the said East line 369.8 feet to the North line of real estate described in a conveyance by Warranty Deed Record 168, page 378 in the Office of the Recorder of Hamilton County, Indiana; thence South 88 degrees 51 minutes 20 seconds West parallel with the South line of said Northeast Quarter 665.09 feet to the West line of said East half; thence North 00 degrees 00 minutes 50 seconds West on said West line 323.30 feet to apoint 355.55 feet South of the Northwest corner of said East Half; thence North 88 degrees 46 minutes 42 seconds East 206.95 feet; thence North 00 degrees 57 minutes 39 seconds East 355.68 feet to a point on the North line of said Northeast Quarter 1092.21 feet West of the Northeast comer thereof; thence North 88 degrees 47 minutes 30 seconds East on said North line 123.73 feet to the Northwest corner of real estate described in a conveyance by Warranty Deed recorded in Deed Record 209, page 211 in said Recorder's Office, being 948.48 feet West of said Northeast corner; thence South 00 degrees 12 minutes 30 seconds East on the West line of said real estate 350.00 feet to the Southwest corner thereof; thence North 88 degrees 47 minutes 30 seconds East on the South line of said real estate parallel with said North line 125.00 feet to the Southeast corner of said real estate; thence North 00 degrees 12 minutes 30 seconds West on the East line of said real estate 350.00 feet to the North line of said Northeast Quarter; thence North 88 degrees 47 minutes 30 seconds East on said North line 33.00 feet to the place of beginning. Parcel 2 (Inst. #2000 47988) Part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Hamilton County, Indiana, being more particularly described as follows: Beginning 843.48 feet West of the Northeast corner of the Northeast quarter of Section 24, Township 18 North, Range 3 East; thence West on and along the North line of said Quarter Section 125 feet to a point; thence South on a forward deflection angle of 89 degrees 00 minute left 350 feet to a point; thence East and parallel to the North line of said quarter section 125 feet to apoint; thence North 350 to the place of beginning. y t Parcel #3 A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, described as follows: Beginning at a point 680.0 feet South of the Northeast corner of the East Half of Section 24, Township 18 N, R 3 E; thence South on and along the East line of said East Half 680.3 feet to a point; thence West 1305.42 feet to the West line of said East Half; thence North 680.3 feet to an iron stake; thence said point being 679.5 feet South, of the Northwest corner of the said East Half; thence East 1305.71 feet to the place of beginning. ALSO: A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, described as follows: Beginning at the Northeast corner of the Northeast Quarter, of Section 24, Township 18 N, R 3 E; thence South along the East line of said Quarter section 680.00 feet to a point; thence West parallel with the North line of said Quarter section 639.71 feet to an iron stake, said point being 666.0 feet East of the West line of said East Half; thence North Parallel with the West line of the East Half 680.0 feet to the intersection with the North line of said Quarter section; thence East on and along said North line 640.0 feet to the place of beginning. EXCEPT: (RIGHT OF WAY) A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Commencing at the northeast corner of said section; thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 195.218 meters (640.48 feet) along the north line of said section to the prolonged west line of the owner's land; thence South 0 degrees 13 minutes 46 seconds East 5.030 meters (16.50 feet) along said prolonged west line to the point of beginning of the description, which point is on the south boundary of 146 Street ;thence North 88 degrees 36 minutes 43 seconds East 134.360 meters (440.81 feet) along the boundary of said 146 Street to the west boundary of frontage road; thence South 1 degree 23 minutes 17 seconds East 2.043 meters (6.70 feet) along the boundary of said frontage road; thence South 71 degrees 35 minutes 19 seconds East 20.571 meters (67.49 feet) along said frontage road; thence South 2 degrees 39 minutes 48 seconds East 11.964 meters (39.25 feet) along said boundary; thence South 88 degrees 36 minutes 43 seconds West 154.405 meters (506.58 feet) to the west line of the owner's land; thence North 0 degrees 13 minutes 46 seconds West 20.975 meters (68.82 feet) along said west line to the point of beginning and containing 0.3122 hectares (0.772 acres) more or less. EXCEPT: (EXISTING R/W) A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Beginning on the north line of said section South 88 degrees 36 minutes 43 seconds West (assumed bearing) 60.960 meters (200.00) feet) from the northeast corner of said section; thence South 1 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) to the south boundary of 146 Street; thence South 88 degrees 36 minutes 43 seconds West 134.360 meters (440.81 feet) to the west line of the owner's land; thence North 0 degrees 13 minutes 46 seconds West 5.030 meters (16.50 feet) along said west line to said north line; thence North 88 degrees 36 minutes 43 seconds East 134.258 meters (440.48 feet) along said north line to the point of beginning and containing 0.0675 hectares (0.167 acres) more or less. EXCEPT: (SHELL PIPELINE) Parcel #4 Located in the Northeast Quarter of Section 24, Township 18 North, Range 3 East, described as follows: Beginning at a point 115.5 feet West of the Northeast corner of Section 24, Township 18 North, Range 3 East; thence South 28 degrees 1 8 minutes West to an iron post, a distance of 410.75 feet to an iron post; thence South 44 degrees 13 minutes West to an iron post, a distance of 461.5 feet to an iron post; thence South 41 degrees 0 minutes to an iron post, a distance of 927.7 feet to an iron post located 67 feet East of the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section. Parcel #5 A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Clay Township, Hamilton County, Indiana, being more specifically described as follows: BEGINNING at a point on the East line of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, said Point of Beginning being South 00 degrees 00 minutes 00 seconds (assumed bearing) 1360.30 feet from the Northeast corner of said Northeast Quarter; thence South 00 degrees 00 minutes 00 seconds 680.35 feet (measured, 680.2 feet Deed) on and along the East line of said Northeast Quarter to a point being North 00 degrees 00 minutes 00 seconds 600.80 feet from the Southeast corner of said Northeast Quarter; thence South 88 degrees 54 minutes 30 seconds West 1305.13 feet parallel with the South line of said Northeast Quarter; thence North 00 degrees 01 minutes 27 seconds West 680.20 feet; thence North 88 degrees 54 minutes 07 seconds East 1305.42 feet to the POINT OF BEGINNING. Containing 20.38 acres more or less, being subject to the right of way grant for U.S. Road Number Thirty One and the right of way grant for a frontage road adjacent to U.S. Road Number Thirty One, leaving 18.37 acres more or less, being subject to all applicable easements and rights of way of record. Parcels #6 #7 Tract A and Tract B in A Replat of Part of Walter's Plaza Replat, the plat of which is recorded in Plat Book 2, page 267 in the Office of the Hamilton County Recorder, Hamilton County, Indiana. Parcel #8 A part of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of the said half Quarter Section, said point being 640.58 feet West of the Northeast Corner of said half Quarter Section. Continue thence Westwardly along and with the aforesaid North line 170.00 feet; thence Southwardly parallel to the East line of said East half Quarter Section 310.00 feet; thence Eastwardly parallel to the North line of aforesaid Half quarter Section 170.00 feet; thence Northwardly 310.00 feet to the place of beginning, containing 1.200 acres, more or less. Parcel #9 A Part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, South 88 degrees 47 minutes 30 seconds West (assumed bearing) 1092.21 feet from the Northeast corner of said Northeast Quarter; thence South 00 degrees 57 minutes 39 seconds West 355.68 feet; thence South 88 degrees 46 minutes 42 seconds West 206.95 feet to the West line of said East Half; thence North 00 degrees 00 minutes 50 seconds West on and along said West line 355.55 feet to the Northwest comer of said East Half; thence North 88 degrees 47 minutes 30 seconds East on and along said North line 213.00 feet, to the place of beginning. Except that part deeded to the Board of County Commissioner by Warranty Deed dated May 4, 1998 and recorded July 16, 1998 as Instrument No. 98- 38949, in the Office of the Recorder of Hamilton County, Indiana, being more particularly described as follows: A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Beginning at a point on the North line of said Section South 88 degrees 36 minutes 43 seconds West (assumed bearing) 332.906 meters (1092.21 feet) from the Northeast corner of said Section, said point is at a Northeast comer of the owner's land; then South 00 degrees 46 minutes 52 seconds West 5.033 meters (16.51 feet) along an East line of the owner's land; thence South 88 degrees 36 minutes, 43 seconds West 64.705 meters (212.29 feet) to a West line of the owner's land; thence North 00 degrees 11 minutes 53 seconds West 5.030 meters (16.50 feet) along said West line to said North line; thence North 88 degrees 36 minutes 43 seconds East 64.791 meters (212.57 feet) along said North line to the point of beginning and containing 0.0326 hectares (0.80 acres) more or less. Also except that part deeded to the Board of County Commissioners by Warranty Deed dated May 4, 1998, and recorded July 16, 1998 as Instrument No. 98- 38950, in the Office of the Recorder of Hamilton County, Indiana, being more particularly described as follows: A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: A Commencing at the Northeast corner of said section; thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 332.906 meters (1092.21 feet) to a prolonged East line of the owner's land; thence South 00 degrees 46'minutes 52 second West 5.033 meters (16.51 feet) along said prolonged East line to the point of beginning of this description, which point is on the South boundary of 146 Street; thence continuing South 00 degrees 46 minutes 52 seconds West 14.982 meters (49.15 feet) along an East line of the owner's land; thence South 88 degrees 36 minutes West 64.449 meters (211.45 feet) to the West line of the owner's land; thence North 00 degrees 11 minutes 53 seconds West 14.974 meters (49.13 feet) along said West line to the boundary of said 146 Street; thence North 88 degrees 36 minutes 43 seconds East 64.705 meters (212.29 feet) along said boundary to the point of beginning and containing 0.0967 hectares (0.239 acres) more or less. G: IreislawlaientslG- L \LauthkClay TerracelLegal Description Coinbined.doc PETITIONER'S AFFIDAVIT OF NOTICE OF PITBL.IC HEARING CARMEL /CL.AY BOARD OF ZONING APPEALS I, Paul G. Reis, do hereby certify that notice of public hearing of the Carmel /Clay Board of Zoning Appeals to consider Docket Numbers V -85 -03 V -94 -03 was registered and mailed at least twenty -five (25) days prior to the date of the public hearing to the attached list of adjacent property owners. STATE OF INDIANA, COUNTY OF HAMILTON, SS: The undersigned, having been duly sworn, upon oath says that the above information is true and correct as he is informed and believes. Paul `a' eis, sq. Attorney for ►.uth "roperty Group 4 Subscribed and sworn to before me this L day of f ew.. 2003. Y v LORI GARRISON Marion County a My Comm ission Expires Notar'•lic Apri1 27,2008 Printed Name 7 7:, County of Residence My Commission Expires: 1 411,1,7 ri SSrP gjgs \f-biM %L TON COUNTY AUDIT 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: RECEIVED n nnr+7, A) l'1 L1 t.ia /tr, "r DOCS ?:UMS=:7.... <..,rc d v." 3 ^T�.. ".s SIMI"^,"iu.-1 '.o:., 2Y"aZEMMT" &mx7KVIIM.T.'k Sw.w" a.u"*. 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Thursday, August 14, 2003 Page 1 of 1 HAMILTON COUNTY NOTIFICATION 101 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING LISTED BELOW ARE SUBJECT PROPERTIES SUBJECT MARKED IN YEIlOWI f SUBJECT oats 16 09- 24- 00 -00- 010 -000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 00 00 010 001 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 00 00 011 000 W D Land Company Llc 2850 96th St E Indianapolis IN 46240 16 09 24 00 00 012 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 00 00 013 000 Metro Acquisitions One LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 00 00 013 001 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 00 00 014 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 00 00 015 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16'09-24-02-05-006-000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 02 07 005 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 02 07 012 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 04 03 014 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 04 03 015 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 04 03 016 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16 09 24 04 03 017 000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 HAMILTON COUNTY NOTIFICATION PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 9 09- 13- 00 -00- 015 -000 Greyhound Plaza Associates LP 201 Illinois N 23rd Fir Indianapolis IN 46204 8 09 13 00 00 017 000 Perry A Benson 280 146th St W Carmel IN 46032 8 09 13 00 02 013 000 Jack S Stephanie C Holding 14603 Shadow Lakes DR Carmel IN 46032 8 09 13 00 02 014 000 William E J Kristin Evans 14606 Shadow Lakes DR Carmel IN 46032 8 09 13 00 02 015 000 Debra L Richard Nolan 272 146th St W Carmel IN 46032 16 09 24 02 04 001 000 Stanley E Patricia B Banks 295 Gray Rd W Carmel IN 46032 16 09 24 02 04 002 000 Melvin Sickbert 105 John St Carmel IN 46032 16 09 24 02 04 003 000 Lanna Johnson 109 John St Carmel IN 46032 16 09- 24- 02 -04- 004 -000 Kurt R Meyer 211 John St Carmel IN 46032 16 09 24 02 04 005 000 Daina L Gold Steven L Heifner 217 John St CARMEL IN 46032 16 09 24 02 04 006 000 David J Kiener 221 John St Carmel IN 46032 16 09 24 02 04 007 000 Ciesielski, Martina Bannon Jude 225 John ST Carmel IN 46032 16 09 24 02 04 008 000 Soo Man Soon Susie Kang 229 John St CARMEL IN 46032 16 09 24 02 04 009 000 Warrick, Ralph E Mary Margaret 233 John ST Carmel IN 46032 16 09 24 02 04 010 000 Diane S Elrod 237 John St Carmel IN 46032 16 09 24 02 04 011 000 Edwin Lynnette A Klivansky 303 John St Carmel IN 46032 16 09 24 02 04 012 000 Guy Vreeman 307 John St Carmel IN 46032 16 09- 24- 02 -04- 013 -000 Harold E Dianne L Harding 315 John ST Carmel IN 46032 16 09 24 02 04 019 000 Samuel F Roberta J Dalman 206 Rockberry Rd Carmel IN 46032 16 09 24 02 04 020 000 Diane Hamstra Sandra Foerster 207 Rockberry Rd CARMEL IN 46032 16 09 24 02 04 022 000 Gary C Eddington 429 Thornbury Dr Carmel IN 46032 16 09 24 02 07 001 000 Raphael J Burke 214 Walter CT Carmel IN 46032 16 09 24 02 07 002 000 Loner, Stephen Saby E Guidicelli Jt/rs 225 Walter Ct N Carmel IN 46032 16 09 24 02 07 002 001 Marc Davina Fogel 223 Walter Ct CARMEL IN 46032 16 09 24 02 07 003 000 Tracie J Rutledge 150 Ewing Ct Carmel IN 46032 16 09 24 02 07 003 001 Albertson, Marie Trustee Of The Albertson Revocalbe Tr 160 Ewing CT Carmel IN 46032 16 09- 24- 02 -07- 004 -000 Michael G Julie M Becker Jr 155 Ewing CT Carmel IN 46032 16 09 24 02 07 004 001 Charles R Walker 165 Ewing CT Carmel IN 46032 16 09 24 02 07 006 000 Joseph L Desra A Simons 135 Ewing Ct CARMEL IN 46032 16 09 24 02 07 006 001 Yulianna M Toubin 145 Ewing Ct CARMEL IN 46032 16 09 24 02 07 011 000 Jon S Kerns 125 Ewing Ct Carmel IN 46032 16 09 24 02 07 013 000 Daniel G Falcone 121 Walter ST Carmel IN 46032 16 09 24 04 03 007 000 John R Debra S Collins 10 Circle DR Carmel IN 46032 16 09 24 04 03 008 000 David F Linda S Briggs 8 Circle DR Carmel IN 46032 16 09 24 04 03 009 000 Larry D Deann M Wimer 6 Circle Dr Carmel IN 46032 1G 09- 24- 04 -03- 010 -000 Larry D Deann M Wimer 6 Circle Dr Carmel IN 46032 16 09 24 04 03 011 000 Howard F Jaqueline Carter 15756 Gray Rd N Noblesville IN 46060 16 09 24 04 03 014 001 Eaglecreek Nursery Company Inc 14012 Meridian St N Carmel IN 46032 9 10 18 00 00 015 102 Village Developers L P PO Box 6120 Indianapolis IN 46206 16 10 19 00 00 001 004 Lowes Home Centers Inc PO Box 1111 North Wilksboro NC 29656 16 10 19 00 00 001 009 Kite Greyhound LLC 30 Meridian St S Ste 1100 INDIANAPOLIS IN 46204 16 10 19 00 00 022 000 Lotus Investment Co 1520 87th St E Indianapolis IN 46240 17 10 19 00 00 027 101 Kite Greyhound LLC 30 Meridian St S Ste 1100 INDIANAPOLIS IN 46204 16 10 19 00 00 028 001 Shurgard Storage Centers Inc 1155 Valley St Ste400 SEATTLE WA 98109 1 a I 1 ittiviriond 1 I" I kbZigatitstam 1 t iiig vit t ri 1 va tz El o9 i �mmm��mmm� .11, poi 1 iii :n■ o.ON .no 1 e elli 1' e r a I r I°111 i O !;l; [[4igT-T, 0 i Bt 3 9 4` a P f ri, IN'S n fir) gm Wiroon NM awn ri spra, tgib 0 o •fall I JI ®V ©alaratanattPMVIMILNI bar42 y... gm it 11.9 1111 R 4:4 ammo cIteti 0 "IP* v 411,‘ kl NM *t\* t I am Iti, A 46.,,,iO4.4* 11:01=1113Matallit Met* ir) aggie) Wa tt R BP WI 4 14* r itr i vr rgra2 riOrp, `4"aw tits tan tip riOn rwaivi mi it 11.. �..._kt.��. 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