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ORDINANCE Z- 533 -09 SPONSOR: Councilor °Rider AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning 3760 W. 96` St. 9641 N. Augusta Drive from the S -1 /Residence B -7 /Business District Classifications to the B -5 /Business District Classification WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel Plan Commission has favorably recommended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A and Exhibit B. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real properties from the S- 1/Residence and B- 7/Business District Classifications within the US 421 Michigan Rd Corridor Overlay Zone to the B- 5/Business District Classification within the US 421 Michigan Rd Corridor Overlay Zone. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this day of 2009, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths W. Eric Seidensticker, President Pro Tempore Kevin Rider John V. Accetturo Richard L. Sharp Ronald E. Carter Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2009, at .M. ATTEST: Approved by me, Mayor of the City of Carmel, Indiana, this day of 2009, at .M. Diana L. Cordray, IAMC, Clerk- Treasurer Diana L. Cordray, IAMC, Clerk- Treasurer James Brainard, Mayor Prepared by: Angelina Conn, City of Carmel Dept. of Community Services Reviewed by: John Molitor, Plan Commission Attorney EXHIBIT A: Tax Parcel ID #17- 13- 07- 00 -00- 037.000 (South Parcel) A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, State of Indiana, more particularly described as follows: Beginning at a point in the south line of said Quarter Section distant West 785.25 feet from the southeast corner thereof; running thence North in and along the east property line of North Augusta Drive 265.6 feet; thence East parallel to the south line of said Quarter Section 164 feet; thence South parallel to the east property line of North Augusta Drive aforesaid 265.6 feet to a point in the south line of said Quarter Section; thence West in and along said south line 164 feet to the place of beginning. This land is also a part of Block A in North Augusta, a subdivision recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of Hamilton County, Indiana. ALSO Tax Parcel ID #17- 13- 07- 00 -00- 038.000 (North Parcel) Part of Block "A" in North Augusta, a subdivision in the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, and more particularly described as follows: Beginning at a point which is 785.25 feet West and 265.6 feet North of the Southeast corner of said Quarter Section; running thence North in and along the East property line of North Augusta Drive 124.4 feet; thence West parallel to the South line of said Quarter Section 10 feet; thence North 141.2 feet; thence East parallel to the South line of said Quarter Section 174 feet; thence South parallel to the East property line of North Augusta Drive aforesaid 265.6 feet; thence West parallel to the south line of said Quarter Section 164 feet to the place of beginning, containing in all 1.038 acres, more or less, subject to all legal highways and rights of way. This land is also part of Block "A" in North Augusta, a subdivision recorded in the Office of the Recorder of Hamilton County, State of Indiana. EXCEPT: (Dedication of R/W to Hamilton County, 1993) A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, State of Indiana, more particularly described as follows: Beginning at a point in the south line of said Quarter Section distant West 785.25 feet from the southeast corner thereof; running thence North in and along the east property line of North Augusta Drive 265.6 feet; thence East parallel to the south line of said Quarter Section 10 Feet; thence South parallel to the east property line of North Augusta Drive aforesaid 180.6 feet to a point; thence along a line deflecting 45 degrees to the left of the aforesaid call 49.5 feet; thence East parallel to the south line of said Quarter Section 119.0 feet to a point in the East property line; thence South parallel to the East property line of North Augusta Drive 50.0 feet to a point in the South line of said Quarter section; thence West in and along said South line 164 feet to the place of beginning. This land is also a part of Block A in North Augusta, a Subdivision recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of Hamilton County, Indiana. ALSO EXCEPT: (Hamilton County R/W Taking, 2008.) A part of Block "A" in North Augusta, a subdivision in the southeast quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, the plat of which subdivision is recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of said county and being that part of the grantors' land lying within the right -of -way depicted at the attached Right -of -way parcel plat marked Exhibit `B described as follows: Commencing at the southeast corner of said section (said corner being designated 106 on said Exhibit "B Thence South 89 degrees 23 minutes 10 seconds West 785.25 feet along the south line of said section to the prolonged west line of said block; thence North 0 degrees 36 minutes 50 seconds West 265.60 feet along said west line prolonged and along the west lie of said block to the northwest comer of the tract of land described in Instrument No. 9330606 and the point of beginning of this description: thence continuing North 0 degrees 36 minutes 50 seconds West 124.40 feet along said west line to the corner of the grantors' land; thence South 89 degrees 23 minutes 10 seconds West 10.00 feet along the south line of the grantors' land to the southwest corner of the grantors' land; thence North 0 degrees 36 minutes 50 seconds west 141.20 feet along the west line of the grantors' land to the northwest comer of the grantors' land; thence North 89 degrees 23 minutes 08 seconds East 35.37 feet along the north line of the grantors' land to the point designated 2059 on said Exhibit "B Thence South 0 degrees 24 minutes 08 seconds east 147.96 feet to the point designated 2013 on said Exhibit `B thence Southeasterly 199.61 feet along an arc to the left having a radius of 755.00 feet and subtended by a long chord having a bearing of South 07 degrees 58 minutes 34 seconds East and a length of 199.03 feet to the point designated 2014 on said Exhibit `B thence South 15 degrees 33 minutes 00 seconds East 82.86 feet to the point designated at 2015 on said Exhibit `B thence south 60 degrees 21 minutes 33 seconds East 102.82 feet to the point designated 2073 on said Exhibit "B thence North 89 degrees 23 minutes 10 seconds East 3.30 feet to the east line of the grantors' land; thence South 0 degrees 36 minutes 50 seconds east 4.00 feet along said east line to the north boundary of 96` Street; thence south 89 degrees 23 minutes 10 seconds West 119.00 feet along the boundary of said 96` Street to the northeastern boundary of the intersection of said 96` Street and Augusta Drive North; thence North 45 degrees 36 minutes 50 seconds West 49.50 feet along the boundary of the intersection of said 96 Street and said Augusta Drive North to the east boundary of said Augusta Drive North; thence North 0 degrees 36 minutes 50 seconds West 180.60 feet along the boundary of said Augusta Drive North to the northeast corner said tract; thence South 89 degrees 23 minutes 10 seconds West 10.00 feet along the north line of said tract to the point of beginning and containing 20,548 square feet more or less (0.47 acres more or less). The above described land abuts the land described in said Instrument No. 9330606, and any seeming bearing discrepancies result merely from the reverse directions of said bearings and from different bearing systems upon which they are based. ALSO EXCEPT: Hamilton County Temporary R/W for building removal, 2008. A part of Block "A" in North se 26 of Eas subt of 81.E this de 35 minu thence No orth, Range 3 East, Hami ecord 132, pages 446 -44 ommencing at the so thence South 89 tion to the prolong .60 feet along sai e tract of land d 33.81 feet; the nded by a lon 7 feet; then cription; t s 54 se heart corn egrees 23 d west line o west line pro scribe in Instru e Southeasterly chord having a be South 15 degrees nce North 88 degrees 2,696 square feet more or less. sta, a subdivision in the so unty, Indiana, the plat o Office of the Record hich sub of said county, uarter of Section 7, Township 17 'vision is recorded in d described as fo ows: r of said section (said corner being de ignated 1 0//6 on said Exhibit nutes 10 secon. West 785.25 feet a .ng the so'zth line of said said block; the ce North 0 degrees 3 minute 50 seconds West nged and alo g the west line of said i lock t o the northwest corner ent No. 9331606; thence North 89 d- e- 23 minutes 10 seconds 1.51 feet a ing of S minu ong an arc to the left having a radius of 755.00 feet an uth 12 degrees 27 minutes 26 seconds East and a lengt s 00 seconds East 30.36 feet to the point of beginning o 8 r mutes 54 seconds East 51.37 feet; thence South 00 degree nds East 73.44 feet; thence North 60 degrees 21 minutes 33 seconds West 43.78 feet; degrees 33 minutes 00 seconds West 52.50 feet to the point of beginning and containing 2 Bta° HAMILTON C0. 29tGb --I AMR/ON CO. 96th 5t. PARCEL NO. 0 OWNER PROJECT NO. FR 00/4 ROAD NAME COMMERCE DR. COUNTY HAMILTON SECTION 7 TOWNSHIP RANGE 7 N. :3 E. EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared for Hamilton County Board of Commissioners C 25 by The Corradino Group. Inc. (Job #3549) /74' /64' HATCHED AREA IS THE F APPROXIMATE TAKING NORM/WO/5M D.R. /32 ?pg. 446 -447 BLOCK W TOTAL AREA= 77,5605. RA4/5017NG= 0 NfT TOTAL ARM= 77,5605.f. 705.25' STAIR, RAMON L. ET UX. DRAWN BY :6.f. MO25 c/3 //07 so SCALE 1 =f00' CHECKED BY :al. E UG 91407 IN51k N0. 9240/45, DAT D /0//2/32 1N517?. N O. 533X06: 0 A T f0 5/26/93 /N5TR. NO. 9535902, DATED 5/22/95 RCM commas 90111 ME FROM 1E ROE 15IFD MOWED om1505 4 at a PO/NT STATION OFFSET' NORTH EAST C 2059 +1E(i5+31.37) 13+91 86 45.00 45. 00 1704851.0412 1704703.0893 171488.6906 171489.7293 "PR—CD" "PR—CD" 2013 2014 11+80.36 45.00 1704505.9886 171517.3464 'PR—CD" 2015 10+97.50 45.00 1704426.1661 171539.5583 "PR—CD" 2021 33+00.00 —54.00 1704377.1810 17180Z9116 "A" 2073 31+26.00 —54.00 1704375.3165 171628.9216 °A" 106 37+50.55 0.00 1704328.0119 172254.0190 "A" EXHIBIT ''B" COORDINATE CHART FOR R W PARCEL PLAT SURVEYOR 'STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat recorded as Inetr. No 200500058426 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by refeferte) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12, ("Rule 12). Yellig Dote Reg. Laird Surveybi No. LS20100047 t olgroeN„ as-. 43 f 26104047 tTATEICIF sZ 0 :04; 01A0 I N> 94soope,..i 1 ".srZURV F NO. /0 OWNER 5TAIR, RAMON L. (TUX. DRAWN BY G.E. M YERS 8/51/07 PROJECT NO. PR ROAD NAME COMMERCE DR. COUNTY SECTION TOWNSHIP RANGE HAMILTON 7 7 N. 3 E. CHECKED BY:61. Yfl116' 9/44)7 NOTE: STATIONS OFFSETS CONTROL OVER BOTH NORTH EAST'COORDINATES AND BEARINGS DISTANCES. Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, September 29, 2009 3:51 PM To: Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Littlejohn, David W; DeVore, Laura B; Holmes, Christine B;'jmolitor @prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Barnes, David R; Donahue -Wold, Alexia K; Haney, Douglas C; Perkins, Tom D; Pohl, Bryan W; Stewart, Lisa M; Martin, Candy; Mindham, Daren; 'howardma @aol.com'; 'tak @co.hamilton.in.us' Subject: RE: Docket No. Assignment: 96th /Augusta Rezone Site Plan #0900023 Z 09090024 DP /ADLS) Everyone: Two parcels are included with this rezone, zoned S -1 and B -7... Please see revisions below. Thanks, -Angie Conn, Planning Administrator From: Conn, Angelina V Sent: Monday, September 28, 2009 4:24 PM To: 'howardma @aol.com'; 'tak @co.hamilton.in.us' Cc: Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Littlejohn, David W; DeVore, Laura B; Holmes, Christine B; 'jmolitor @prodigy.net; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Barnes, David R; Donahue -Wold, Alexia K; Haney, Douglas C; Perkins, Tom D; Pohl, Bryan W; Stewart, Lisa M; Martin, Candy; Mindham, Daren Subject: Docket No. Assignment: 96th /Augusta Rezone Site Plan #0900023 Z 09090024 DP /ADLS) I have issued the Docket Numbers for 96th /Augusta Rezone Site Plan (Z,DP /ADLS). They are the following: Docket No. 09090023 Z: 96th /Augusta Rezone Ray Stair Property The applicant seeks approval to rezone 2 parcels located at 3760 W. 96 St. and just north of and adjacent to it, along Augusta Dr. N., comprising of 1.83 acres, from S -1 /Residence B -7 /Business Zonings to the B -5 /Business Zoning Classification, within the Michigan Road Corridor Overlay Zone. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Docket No 09090024 DP /ADLS: 96th /Augusta Site Plan Ray Stair Property The applicant seeks site plan and design approval to relocate a structure from 3760 W. 96 St. to a one -acre parcel along Augusta Dr. N. just north of and adjacent to said parcel, as well as seek approval for parking, landscaping, lighting, and signage. The site is pending rezone approval to B -5 /Business. Filed by the Department of Community Services, on behalf of Hamilton County. Fees: Total Due: 1 $0.00 (Exempt) Petitioner, please note the following: 1. These items will be on the October 21 meeting agenda of the Technical Advisory Committee. A narrative and plans should be emailed or delivered to all TAC members ASAP: htto: /www.ci.carmel.in.us/ services /DOCS/TAC2009/ TAC 2. Mailed and Published Public Notice needs to occur no later than Friday, Sept. 25 for the DP /ADLS item and Oct. 10 for the rezone. Published notice is required within the Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public notice deadline. It takes about two days for them to publish it. Also, the placement of a public hearing sign on the property is required; see application. (DOGS will take care of the public notice.) 1 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than Noon, Friday, Oct. 9. (DOCS will prepare the info packets, but the County will need to provide exhibits to include before the deadline.) 4. Proof of Notice will need to be received by this Department no later than Noon, Friday, Oct. 16. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This item will appear on the Tuesday, Oct. 20 agenda of the Plan Commission (under "Public Hearings A representative must be present. 6. This item might also appear on the Nov. 3 agenda of the Plan Commission Special Studies Committee. A representative must be present. 7. Refer to your instruction sheet for more detail. Mr. Howard, attorney Hamilton County, can be contacted at (317) 773.4212. The following items need to be submitted to DOCS: 1. Please submit the legal description for the parcel.(done) 2. Please submit a conceptual site plan for the rezone petition. 3. Please submit engineered plans for the development plan petition. Please refer to the DP application checklist. 4. Please provide architectural building elevations for the building or provide photos. 5. The County should email or mail plans and a narrative to all TAC members ASAP. 6. The Dept would like to have a meeting with the property owner and the County to discuss the petitions and required submittals. Thank you, Angie Conn, Planning Administrator Dept. of Community Services Planning Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p. 317- 571 -2281 f. 317 571 -2426 aconn@carmel.in.gov P Please consider the environment before printing this e-mail 2 Conn, Angelina V From: Conn, Angelina V Sent: Monday, September 28, 2009 4:24 PM To: 'howardma @aol.com'; 'tak @co.hamilton.in.us' Cc: Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Littlejohn, David W; DeVore, Laura B; Holmes, Christine B;'jmolitor @prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Barnes, David R; Donahue -Wold, Alexia K; Haney, Douglas C; Perkins, Tom D; Pohl, Bryan W; Stewart, Lisa M; Martin, Candy; Mindham, Daren Subject: Docket No. Assignment: 96th /Augusta Rezone Site Plan #0900023 Z 09090024 DP /ADLS) I have issued the Docket Numbers for 96th /Augusta Rezone Site Plan (Z,DP /ADLS). They are the following: Docket No. 09090023 Z: 96th /Augusta Rezone Ray Stair Property The applicant seeks approval to rezone a one -acre parcel along Augusta Dr. N. just north of and adjacent to 3760 W. 96 St., from the S -1 /Residence to the B -5 /Business Zoning Classification, within the Michigan Road Corridor Overlay Zone. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Docket No. 09090024 DP /ADLS: 96th/Augusta Site Plan Ray Stair Property The applicant seeks site plan and design approval to relocate a structure from 3760 W. 96 St. to a one -acre parcel along Augusta Dr. N. just north of and adjacent to said parcel, as well as seek approval for parking, landscaping, lighting, and signage. The site is pending rezone approval to B -5 /Business. Filed by the Department of Community Services, on behalf of Hamilton County. Fees: Total Due: 1 $0.00 (Exempt) Petitioner, please note the following: 1. These items will be on the October 21 meeting agenda of the Technical Advisory Committee. A narrative and plans should be emailed or delivered to all TAC members ASAP: http: /www.ci.carmel.in.us/ services /DOCS/TAC2009 ,TAC %20members %207.08.09.pdf 2. Mailed and Published Public Notice needs to occur no later than Friday, Sept. 25 for the DP /ADLS item and Oct. 10 for the rezone. Published notice is required within the Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public notice deadline. It takes about two days for them to publish it. Also, the placement of a public hearing sign on the property is required; see application. (DOCS will take care of the public notice.) 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than Noon, Friday, Oct. 9. (DOCS will prepare the info packets, but the County will need to provide exhibits to include before the deadline.) 4. Proof of Notice will need to be received by this Department no later than Noon, Friday, Oct. 16. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This item will appear on the Tuesday, Oct. 20 agenda of the Plan Commission (under "Public Hearings A representative must be present. 6. This item might also appear on the Nov. 3 agenda of the Plan Commission Special Studies Committee. A representative must be present. 7. Refer to your instruction sheet for more detail. Mr. Howard, attorney Hamilton County, can be contacted at (317) 773.4212. The following items need to be submitted to DOCS: 1'' Please submit the legal description for the parcel. w' Please submit a conceptual site plan for the rezone petition. 3. Please submit engineered plans for the development plan petition. Please refer to the DP application checklist. Of-, Please provide architectural building elevations for the building or provide photos. 1 v rd'X The County should email or mail plans and a narrative to all TAC members ASAP. The Dept would like to have a meeting with the property owner and the County to discuss the petitions and required submittals. Thank you, Angie Conn, Planning Administrator Dept. of Community Services Planning Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p. 317- 571 -2281 f. 317- 571 -2426 aconn @carmel.in.aov P Please consider the environment before printing this e-mail 2 Disclaimer: The information available through this program is currnt as of 9/2/2009. This program aliows you to view and print certain public record saco,e»n*mnects/mm,mauovasvrasnecmcuam; ,mme/nmnnauon provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17'13'07-00'00'037.000 State Formatted Parcel No: 29'13'07'000'037.000'003 Property Addres 3760 96th St W INDIANAPOLIS, IN 4e2e8 Deeded Owner: Stair, Ramon 1 Arlene Owner Address: 3760 96th St W INDIANAPOLIS Iw*nuoo Legal Description: 10/15/92 FRM BURKS A 6/28/93 SPLIT FOR R/W 9330606 Section/Township/Range: 07y17y03 Subdivision Name: Block: Deeded Acres: 0.83 Political Township: Clay Lot Number(s): Recorded Date: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. A Transfer History Report is not available online for this parcel. Hamilton Co., IN Online Reports Parcel Information Report 1. report type 2. property search 3. view reports This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. C) 2009 Hamilton Co. Website Suggestions or Issues 1 Conditions of Use 1 Privacy Policy 1 Site Map 1 Technical Help 1 HOME 0 2009, Hamilton County, Indiana all rights reserved. Page 1 of 1 Disclaimer: The information available through this program is curren as of 9/2/2009. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the provided by different reports may not match. All information has been derived from public records that are constantly undergoing change warranted for content or accuracy. It may not refiect the current information pertaining to the property of interest. information and is not Cuunty Parcel No: 17-13'07'00'00'038.000 State Formatted Parcel No 2*'13'07'000'038.000'003 Property Address: o Augusta o,m CARMEL, IN 4e032 Deeded Owner: Stair, Ramon L Ariene Owner Address: 9810 Greentree Dr c^nmsL,zw 46032 Legal Description: 245-155 A 3/16/81 325-254 1/9/87 8700735 5/22/95 FRM STEVENS 9535902 Section/Township/Range: 07y17/03 Subdivision Name: Block: Deeded Acres: 1 Political Township: Clay Lot Number(s): Recorded Date: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. A Transfer History Report is not available online for this parcel. Hamilton Co., IN Online Reports Parcel Information Report 1. report type 2. property search 3. view reports This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. C) 2009 Hamilton Co. Website Suggestions or Issues 1 Conditions of Use 1 Privacy Policy 1 Site Map 1 Technical Help 1 HOME 2009, Hamilton County, Indiana at rights reserved. Page 1 of 1 http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno=1713070000038000... 9/25/2009 ■4'F. .4■L'A''..Ar..+Yinh,lf,, theS of I ttd Lana CONVEY!" 14701 te RWnOn L.. Stir and Arlene 'Stair Hubnd Cnenty.krthaSbeeof "Minna fordo man **Oise**. Deans 1. 00** e nd ot Saleable consideration, the teceipt and of winds is hereby acknowledged. the !Mowing deScrled teal estate in Hamilton County, Stale of lading= A part of the Southeast Quarter of 'Section 7, Township 17 North, Range 3Rast,more particularly described es folios/es Beginning at a point in the south line of said Quarter Section distant Vest 785.25 feet from the Southeast corner thereof; running tbencd North in and along the Bast property line of North Augusta Drive 265.6 feet; thence East parallel to the South line of said Quarter Section 164 feet; thence South parallel to the fast property line of North Augusta Drive aforesaid 265.6 feet to a point in the Sou*h line of said Quarter Section; thence West in and along said South line 164 feet to the place of beginning. This land is also a part of Block A in North Augusta, a SubdiVision recorded in Deed Record 132, pages 446-447, in the Office of the Recorder of Hamilton, County, Indiana. SWImItoanyandallemenemb,mpeamsesam1msWktiOnSoffeeMi Tbeaftessorsuch m i common k eewn ar 3760 west 96th Street IN WITNESS WHEREOF. Grantor has executal this deed tbis October 19 _91_ Grantor: SEAL) Gregor Signet= .4 A Printed Ally Burks Nowa l oan 3. Burks STATE OF IPunAim 1 iaitniatRieri259:921 COUNTY OF HAMILTON swat ChsagRestIKIlantheConig haw Bethreme, a Notary Public in and for saktCotmty andStute, personally appeared Ally N. Burks and Joan R. Burka, Husband and Wife who adolowledged the rucOpa the foregoing Warranty Occd, and who, having bees dolly sworkstatedthatenyzegsdentigioreitensincoatainedaretrue. WItnesamyhandaid AtX Al of Oct ,19 2 My cotandssion ergiinitZ .71. 4gitatuts El. 67,0 9 i 4d &W? .tylifeia Notary Public r "geoid County, Indiana. se cif lrbts fiseinsentrepsertseh Att orney s Jaw. pretendeedt0 Ramon L. and Arlene Stair, 3760 N.,j 96th St., IndzIa. IN 4626 Sendai:12/1bn) NamokL, and Arlene Stair, 3760 W. 96th St., Indpls. IN --------inTa 9330606 DEDICATION OFF FU ZL C RIGHT OF 'NAY THIS I$DENTuRE W. !NESSETH: That ,6M L. Still 4.4 0 Ll AL0.54er S flcd 4Le S64 C,9 date WiF4 (hereinafter jointly the "Grantor hereby gives and dedicatee tc the Hamilton County Board of Coxmisaioners (hereinafter "Grantee"), for public right -of --way purposes only, the real estate situated in Hamilton County, Zndiana, and described in Rxhibit "A" attached hereto and made a part hereof. This Dedication is made subject to all existing easements and right -of -ways. This conveyance of real estate is not subject to Indiana gross income tax. ZN WITtress WH P.ZAF, Grantor has executed this Dedication as of the 24. day of idly 19 STATE OF INDIAN0. 1 1 COt'NTY OF HAMILTON 1 Baf-rs me, a Notary nersona`ay appeared who acknowledged the execution Public Fight -of -Way. 1 1 19 n WITNESS my and and Notarial 'j of �4- c i -32.y. 7 SS; J•ti,4/0 Public in and for s id Co::nty and State, of the for a;.r_g Dedication of Seal this day of ire -=x e --:r 9 __:.;o l C /2 1j �rr -s,T 7 ,JCK:I 11 .Notary Pubiir. Printed y 3 a 7 r Z..i'�. L I ._I v� n._ _s tasidin4 r q ,liv.., ui=t r_ e Panel 1 r EXMJ4t "A" Real estate hereby given and dedicated to Hamilton County Board of Commissioners for public right -af -way purposes only. Real estate in Hamilton County, State of Indiana. A part of the southeast quarter of Section 7, Township 17 North, Range 3 East, more particularly described as follows: Beginning at a point in the South line of said Quarter Section distant West 785.25 feet from the Southeast corner thereof; running thence North in and along the East property line of North Augusta Drive 265.6 feat; thence East parallel to the south line of said Quarter Section 10 feet; thence south parallel to the East property lino of North Augusta Drive aforesaid 180.6 feet to a point; thence along a line deflecting 45° to the left of the aforesaid call 49.5 feet; thence East parallel to the south line of said Quarter Section 119.0 feet to a point in the East property line; thence South parallel to the East property line of Korth Augusta Drive 50.0 feet to a point in the south line of said Quarter Section; thence West in and along said South lime 164 feet to the place of beginning. This land is also a pert of Block A in _!orth Augusta, a Subdivision recorded in deed Record 132, pages 446 -447, in the Office of the Recorder of Hamilton County, Indiana. 9330 06 WHEREAS, the foregoing Grantor has this day filed with Hamilton County, Indiana, its dedication of certain real estate for the purpose of establishing County rights -of -way, which Dedication is hereinabove set forth: AND WHEREAS, Hamilton county, is of the opinion that said Dedication is desirable and necessary: NOW THEREFORE, said Hamilton County, but the Hamilton County Board of Commissioners, under and by virtue of the power conferred upon it by statutes of the State of Indiana, for and on behalf of the County, accepts said Dedication for the purpose of public rights -of -way, and orders that the Instrument of Dedication be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and said described real estate is hereby declared open and dedicated. Data of Ajoeptance: 1 A.TTESTy 71! JAL 41.0}�. of Hamilton County cfh O4- •27 -42.X ACCEPTANCE HAMILTON -.DNTY BOARD OF CO14MISSIO By: By: Steven C. Stew A. Holt By: I) „Jig..., R. William R. Karns Tl,;c ShaccKCI r Raxxds, 93 30606 9535902 WARRANTY DEED THIS INDENTURE WITNESSETH, That I Stevens, Grantor of Marion County, In the State of Indiana, CONVEYS AND WARRANTS to Ramon L. Stair and Arlene Stair, Husband and Wife, Grantees of Hamilton County, in the State of Indiana, for the sum of One and no /100 Dollars ($1.00) and other valuable consideration, the receipt and y sufficiency of which is hereby acknowledged, the following described rearl estate In Hamilton County, State of Indiana: Part of Block A in North Augusta, a subdivision in the Southeast o I< Quarter of Section 7, Township 17 North, Range 3 East and morel' particularly described as follows: Beginning at a point which is 785.25 feet West and 265.6 feet North of the Southeast Comer of said Quarter Section; running thence North in and along the East property line 1 pf North Augusta Drive 124.4 feet; thence West parallel to the South line of said Quarter Section 10 feet; thence North 141.2 feet; thence East parallel to the South fine of said Quarter Section 174 feet; thence Scvth parallel to the East property line of North Augusta Drive aforesaid 285.6 feet; thence West parallel to the South line of said Quarter Section 164 feet to the place of beginning, containing in all 1.038 acres, more or less, subject to all legal highways. This land is also a part of Block 'A° In North Augusta, a subdivision recorded in the Office of the Recorder of Hamilton County State of Indiana. Subject to any and all easements, agreements and restrictions of record. The address of such real estate is commonly known as Parcel 038.000 Section 07, Twp. 17, Range 03 at North Augusta Drive, Hamilton County, Indiana. Tax bilis should be sent to Grantee at such address unless otnerwise Indicated below. Subject :e awl ecseY .ce or t uskr -v. A nudi'.te Hamhar. Crsts IN WITNESS WHEREOF, Grantor has executed this deed this day of May, 1995. STATE OF INDIANA SS: COUNTY CF HAMILTON) Before me, a Notary Public in and for said County and State, peraanally appeared Kathleen Stevens, who acknowledged the execution of the foregoing Warranty Deed, and who, haying been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 22. day of May, 1995. My commission expires: it. igg9 Signature t.ei) l .u.. Printed P ►R Resident of };;1.}e1. County A ti ,li_ d.,004) L. 2 fit l Grantor. (Seal) Signature _q.-� /1E k �S�Pliei P Printed Kaihleer Stevens x 7 e i ACKNOWLEDGMENT �nt7 \,1..... Return deed to Ramon L. Stair. 9E410 Greentree Drive. Carmel. Indiana 46032 Send tax bills to Rarnon L. Stair, 9010 Greentree Drive. Carmel. Indiana 46032 Project PR -04 -0014 Parcel: 10 FEE: EXHIBIT "A" Sheet: 1 of 2 A part of Block "A" in North Augusta,. a subdivision in the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, the plat of which subdivision is recorded in Deed Record 132, pages 446 -447, in the Office of the-Recorder of said county and being that part of the grantors' land lying within the right -of -way depicted on the attached Right -of -Way Parcel .Plat marked Exhibit "B described as follows: Commencing at the southeast- corner of said section (said corner being designated 106 on said Exhibit "B"); thence South 89 degrees 23 minutes 10 seconds West 785.25 feet along the south line of said section to the-prolonged west, lane of said block; thence North 0 degrees 36 minutes 5Q seconds West 265:60 feet along srid west line prolonged and along the west line of said block to the comer of the tract of land described iii instrument No. and the point of beginning oftl is description: thence continuing North .0 degrees 36,minutes 50 seconds West 124.40 feet along: said west line to the corner of the grantors' land; thence South 89 degrees 23 minutes 10 seconds West 10:00 feet along the south line of the grantors' land to the southwest corner of the _grantors' land; thence North '0 degrees 36 minutes 50 seconds West 141.20 feet along the west line of the grantors' land to the northwest corner of the grantors' land; thence North 89 _degrees 23 minutes 08 seconds East 35.57 feet along the north line of the grantors' land to the point designated 2059 on said Exhibit B thence South 0 degrees 24 minutes 08 seconds East 147.96 feet to the point designated 2013 on said Exhibit "B thence Southeasterly 199.61 feet .along an arc to the left having a radius of 755 =:00 feet and subtended by a long chord having a bearing of South 07 degrees 58 minutes 34 seconds East and a length of 199.03 feet to the point designated' 2014 "on said Exhibit "B thence South 15 degrees _3 3 minutes 00 Seconds East 82.86 feet to the point designated 2015 on said Exhibit "B thence South 60 degrees 21 minutes 33 seconds East 102.82 feet to the point designated 2073 on said Exhibit "B thence North 89 degrees 23 minutes 10 seconds East 3.30 feet to the east line of the grantors' land; thence South 0 degrees 36 minutes 50 seconds East 4.00 feet along said east line to the north boundary of 96 Street; thence South 89 degrees 23, minutes 10 seconds West 119.00 feet along the boundary of said 96 Street to the northeastern boundary of the intersection of said 96th _Street and Augusta Drive North; thence North 45 degrees 36 minutes 50 seconds West 49.50 feet along the boundary of the intersection of said 96`-''-' Project: PR -04 -0014 Parcel: 10 FEE EXHIBIT "A" Sheet: 2 of 2 Street and said Augusta Drive North to the east boundary of said Augusta Drive; North; thence. North 0 degrees 36 minutes 50 seconds West 180.60 feet along the boundary of said Augusta Drive North to the northeast corner said tract; thence South 89 degrees 23 minutes 10 seconds West 10.00 feet along the north line of said tract to the point of beginning and containing 20,548 square feet, more or less. The above described land abuts the land described in said Instrument No 9330606, and any seeming bearing discrepancies result merely from the reverse' directions of said bearings and fronl the different bearing systems upon which' they are based. This description was prepared for The Board of Commissioners of Hamilton County by Gary L. Yellig, Indiana Registered Land Surveyor; License Number 20100047, on the 24' day 2008. F: \Crvil\3549 COMMERCE DRIVE RW\WORD PROCESSING \LEGALS13549jar- 10.doc EXHIBIT "A" Project: PR -04 -0014 Sheet: 1 of 1 Parcel: 10A TEMPORARY R/W FOR BUILDING REMOVAL A part of Block "A" in North Augusta, a subdivision in the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, the, plat of which subdivision is recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of said county, described as follows: Commencing at the southeast corner of said section (said corner being designated 106 on said Exhibit "B"); thence South 89 degrees 23 minutes 10 seconds West 785.25 feet along the south line of said section to the prolonged west line of said block; thence North 0 degrees 36 minutes 50 seconds West 265.60 feet along said west line prolonged and along the west line of said block to the northwest corner of the tract of land described in Instrument No. 9330606; thence North 89 degrees 23 minutes 10 seconds East, 33.81 feet; thence Southeasterly 81.51 feet along an are to the left having a radius of 755.00 feet and subtended by a long chord having a bearing- of South 12 degrees 27 minutes 26 seconds East and a length of 81.47 feet; thence South 15 degrees 33 minutes 00 seconds East, 30.36 feet to the point of beginning of this description: thence North 88 degrees 38 minutes 54 seconds East, 51.37 feet; thence South 00 degrees 35 minutes 54 seconds East, 73.44 feet; thence North 60 degrees 21 minutes 33. seconds West, 43.78 feet; thence North 15 degrees 33 minutes 00 seconds West, 52.50 feet to the point of beginning and containing 2,696 square feet, more or less. o casT F \Civil\3549 COMMERCE DRIVE RW\ WORD PROCESSING \LEGALS \3549_par- 10.doc INe. 20100047 STATE OF p o °pecan e<i:�� BURN 1 P it This description was prepared for The Board of Commissioners of Hamilton County by Gary L. Yellig, Indiana Registered Land Surveyor, License Number 201.00047, on the day of€)A1.10 2008. POINT STATION OF FSET NORTH .EAST 2059 +1E(15 +31.37) 45.00 1704851.0412 171488:6906 "PR -CD" 2013 13 +91:86 45.00 1704703:0893. 171489.7293 "PR -CD" 2014 11+80.36 45.00 1704505.9886 171517.3464 "PR -CD" 2015 10 +97.50 45.00 1704426.1661 171539.5583 "PR -CD" 2021 33 +00.00 -54.00 1704377.1810 171802.9116 "A" 2073 31 +26.00 -54:00 1704375:3165. 171628:9216 "A" 106 37 +50.55 0.00 1704328.0119 172254.0190 "A" EXHIBIT "B" COORD /NA.TE CHART FOR R/W PARCEL PLAT SURVEYOR STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat' recorded as. Instr. No. 200500058426 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made p part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1 -12, (''Rule 12 rL. J I l I 1 -Z'?- Zdo$ Gary /7. Ye //i r Date Reg. Land Surveyor No. LS20100047 SHEET 2 OF 2 C PARCEL NO. 0 OWNER: STA IR, RAMON L. ET UX. PROJECT NO PR-04-001 4 DRAWN BY G.E. MYERS 8/3107 ROAD NAME COMMERCE DR. COUNTY HAM /LTON SECTION 7 TOWNSHIP /7 N. RANGE 3 E. CHECKED BY :6.L. !MI6' .9/8A27 NOTE: STATIONS OFFSETS CONTROL OVER BOTH NORTH EAST COORDINATES AND BEARINGS DISTANCES. ,4 7 I�'f Qs3 S9 WARRANTY DEED THIS INDENTURE WITNESSETH, That Kathleen Stevens, Grantor of Marion County, in the State of Indiana, CONVEYS AND WARRANTS to Ramon L. Stair and Arlene Stair, Husband and Wife, Grantees of Hamilton County, in the State of Indiana, for the sum of One and no /100 T sufficiency of which is hereby acknowledged, the following described real PI Dollars ($1.00) and other valuable consideration, the receipt and estate in Hamilton County, State of Indiana: Part of Block A in North Augusta, a subdivision in the Southeast Quarter of Section 7, Township 17 North, Range 3 East and more particularly described as follows: Beginning at a point which is 785.25 feet West and 265.6 feet North of the Southeast Comer of said Quarter Section; running thence North in and along the East property line of North Augusta Drive 124.4 feet; thence West parallel to the South line of said Quarter Section 10 feet; thence North 141.2 feet; thence East parallel to the South line of said Quarter Section 174 feet; thence South parallel to the East property line of North Augusta Drive aforesaid 265.6 feet; thence West parallel to the South line of said Quarter Section 164 feet to the place of beginning, containing in all 1.038 acres, more or less, subject to all legal highways. This land is also a part of Block "A" in North Augusta, a subdivision recorded in the Office of the Recorder of Hamilton County, State of Indiana.. Subject to any and all easements, agreements and restrictions of record. The address of such real estate is commonly known as Parcel 038.000 Section 07, Twp. 17, Range 03 at North Augusta Drive, Hamilton County, Indiana. Tax bills should be sent to Grantee at such address unless otherwise indicated below. DULY DULY ENTEitEl.. i;J1, TAXATION Sub'ect to final acceptance for transfer day o 19 Auditor Hamilton County Parcel #1 f3(i 7 Q0 CC C S4 c cc Lori i o f?' 60 A Y `a....v...... ,::ye,..a nr.:7• a� �:��i�t.::f.• 177: /7AOH `B 9240145 ;l Use of this form constitutes practice of law and is limited to practicing lawyers. r i� DULY ENTE$EIpi�XA'TI0 N. ©Copyrig)rty986, 1990, 1991, by Indianapolis Bar Association. Subject to Gnal a e tan of tT �2 N Grantor: Signature. THIS.INDENTURE WITNESSETH, That C.7 eudttorta WARRANTY DEED D Hamilton co, rt I8 Hamilton Husband and Wife (Grantor) of Hamilton County, in the State of Indiana CONVEY AND WARRANT to Ramon L. Stair and Arlene Stair, Husband and Wife (Grantee) of Hamilton County, in the State of Indiana for the sum of *One Dollars 1.00 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East, more particularly described as follows: Beginning at a point in the South line of said Quarter Section distant West 785.25 feet from the Southeast corner thereof; running thence North in and along the East property line of North Augusta Drive 265.6 feet; thence East parallel to the South line of said Quarter Section 164 feet; thence South parallel to the,East property line of North Augusta Drive aforesaid 265.6 feet to a point in the South line of said Quarter Section; thence West in and along said South line 164 feet to the place of beginning. This land is also a part of Block A in North Augusta, a Subdivision recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of Hamilton, County, Indiana. Subject to any and all easements, agreements and restrictions of record. The address of such real estate is commonly known as 3760 West 96th Street Tax bills should be sent to Grantee at such address unless otherwise indicated below. IN WITNESS WHEREOF, Grantor has executed this deed this 1 a i-k, STATE OF COUNTY OF October Printed Ally Burks Parcel No. /3 o DU t° -439.1: 5__gay of 19, INDIANA HAMILTON Ally N. Burks and Joan E. Burks, County, State of Indiana: TiIs instrument Recorded I.S' ME I992 Sharon IC Cherry, Recorder, Hamilton County, Indiana Before me, a Notary Public in and for said County and State, personally appeared Aliv N. Burks and Joan E. Burks, Husband and Wife who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and N this i 'ay of oct.ber I9 92 My pi g L1 /.�1=`�' /.s'/I� M commission expires: S• Mature fir 95 Pled 7? f -C7!/ Notary Public ff ,k *r• dent of nIR� D d County, Indiana. This instrument prepare y, isLi$ `'S. Ayres #2492 -49 Attorney at Law. Returndeedto Ramon L. and Arlene Stair, 3760 W. 96th St., Indpls., IN 4626 Send tax bills to Ramon, L. and Arlene Stair, 3760 W. 96th St., Indpls., IN 46268 it •,i .v. Ef F h Eli F F'd day of 192 SEAL) Grantor: (SEAL- Signatur E. (`,�16uthdY ti Printed ,Joan E. Burks =1� ATTACHMENT "C" The following is our statement for the rezone of our property, being Lot #37 and Lot #38 of Block "A in North Augusta Subdivision of Hamilton County. We request to change the official zoning map for this property from B -7 to B -5 for lot #0.37 and S -1 to B -5 for lot #0.38 for the purpose of relocating and building an addition to the existing office building to facilitate our Architect Engineering Practice. Our present office is located at 3760 West 96 Street on Lot #37 of Block "A It is our desire to remain in this area, on our own property. It is our feeling that the use and improvements of this property will develop very nicely into the setting of this area. It is our intent to maintain the local commercial office use concept projected for this area, in accordance with the recommended land and thoroughfare plan, set forth by Carmel City Code and Carmel Zoning Ordinance. Respectfully, Ramon L. Stair and/or Arlene Stair Owners Filed By Code review official GERALD KELLEY Code Enforcement Plan Review Branch Director Address (name,title of local official,street,city,state and ZIP code BUILDING COMMISSIONER CHARLES KIPHART ONE HAMILTON SQUARE SUITE 138 NOBLESVILLE, IN 46060 Fax e -mail: 3177742559, cek @co.hamilton.in.us State Fire Marshal o..../-if--1-6,14/71) i 77 Would you like to reduce your turnaround time? ELECTRONICALLY FILE YOUR PROJECT WITH STATE OF INDIANA at http://www.in.gov/dhs/fire/branchesIplan_review/index.html. This on -line filing is through a secure site, you can use it to submit your project information, pay the fees and upload your project plans. As of June 16th, 2008, the 2008 Indiana Building, Fire, Mechanical and Fuel Gas codes will be in effect. 675 IAC 12-4 -7 (a) states in part: "Construction projects shall be done in compliance with the applicable rules of the commission in effect on the date the plans were filed with the division Therefore, all plans received in the Plan Office on or after June 16th will be reviewed in accordance with the provisions of the 2008 codes. Indiana Department of Homeland Security DIVISION OF FIRE BUILDING SAFETY PLAN REVIEW DIVISION 402 W. Washington St., Room E245 Indianapolis, IN 46204 To: Owner Architect Engineer Stair Associates, Inc Ramon L Stair 00032026 3760 W. 96th Street Indianapolis IN 46268 Fax e -mail: 3172281700, ray @stairnet.blz CONSTRUCTION DESIGN RELEASE State Form 41191 (R9/5.98) Report Printed on: August 19, 2009 INDIANA 02 ;0000 HOOSIER SAFETY Available Al Your Local Licence Branch SUPPORT HOOSIER SAFETY Project number 341867 Construction type V -B Scope of release ARCH ELEC FDN MECH PLUM STR Type of release Standard Project name. Stair Associates Inc Street address 3760 W 96th St City Indianapolis Occupancy classification B, ADD County HAMILTON Release date 08/17/09 The plans, specifications and application submitted for the above referenced project have been reviewed for compliance with the applicable rules of the Fire Prevention and Building Safety Commission. The project is released for construction subject to, but not necessarily limited to, the conditions listed below. THIS IS NOT A BUILDING PERMIT. All required local permits and licenses must be obtained prior to beginning construction work. All construction work must be in full compliance with all applicable State rules. Any changes In the released plans and/or specifications must be filed with and released by this Office before any work is altered. This release may be suspended or revoked if it Is determined to be issued in error, in violation of any rules of the Commission or if it is based on incorrect or insufficient information. This release shall expire by limitation, and become null and void, if the work authorized Is not commenced within one (1) year from the above date. CONDITIONS: Note :(A1A Al B): In accordance with the affidavit swom under penalties of perjury in the application for construction design release the plans and specifications filed in conjunction with this project shall comply with all of the applicable rules and laws of Fire Prevention and Building Safety Commission. Providing false Information constitutes an act of perjury, which Is a Class D felony punishable by a prison term and a fine up to $10,000. In accordance with Section 19 of the General Administrative Rules (675 IAC 12 -6-19) a complete set of plans and specifications that conform exactly to the design that was released by the office of the state building commissioner shall be maintained on the construction jobsite as well as a copy of the design release. 8B THIS PROJECT HAS BEEN REVIEWED UNDER THE 2008 INDIANA BUILDING CODE. Al No Conditions. Please be advised that if an administrative review of this action Is desired, a written petition for review must be filed at the above address with the Fire Prevention and Building Safety Commission identifying the matter for which a review Is sought no later than eighteen (18) days from the above stated date, unless the eighteenth day falls on a Saturday, a Sunday, a legal holiday under State statute, or a day in which the Department of Fire and Building Services is closed during normal business hours. In the latter case, the filing deadline will be the first working day thereafter. If you choose to petition, and the before mentioned procedures are followed, your petition for review will be granted, and an administrative proceeding will be conducted by an administrative law judge of the Fire Prevention and Building Safety Commission. If a petition for review is not filed, this Order will be final, and you must comply with its requirements. Page 1/1 MICHAEL A. HOWARD lM HOWARD ASSOCIATES Gentlemen: ATTORNEYS FOR HAMILTON COUNTY AND THE CITY OF NOBLESVILLE •694 LOGAN STREET, NOBLESVILLE, INDIANA 46060 (317) 773 -4212 •(FAX) (317) 776 -2369 Mr. Doug Haney Carmel City Attorney One Civic Square Third floor Carmel, IN 46032 Mr. Mike Hollibaugh Director of the Carmel Department of Community Services One Civic Square, Third floor Carmel, IN 46032 Mr. Mike McBride, Carmel City Engineer One Civic Square First floor Carmel, IN 46032 September 18, 2009 DARREN J. MURPHY f av(45. OAP"' 6 It/ e6 2 711/2o kA) Hamilton County is currently in the process of final design of a major road improvement project east of 96th Street and US 421. The County is planning to extend North Augusta Drive (to be renamed Commerce Drive) and improve 96th Street. The project will provide a safer and more efficient roadway. The proposed project includes the reconstruction of 2,600' of 96th Street from just east of US 421 (Michigan Road) to just immediately east of Sycamore Road. The project also includes the reconstruction and extension of Commerce Drive from its existing terminus south to 96th Street to include improvements to the existing North Augusta Drive. The improved 96th Street will be widened and consist of two 12' travel lanes in each direction separated by a 10' raised grassy median. Additionally an 8' multi -use path will be placed behind a 5' buffer on the north side of the road, and a 5' concrete sidewalk will be placed behind a 5' buffer on the south side of the road. The roadway on Commerce Drive will generally be one 12' travel lane in each direction, in some locations the travel lanes will be separated by a 12' two -way left turn lane. Eight foot multi -use paths will be placed behind a 5' buffer on both sides of the roadway. Roudabouts will be installed at the intersection of 96th Street and Shelborne Road and at the intersection of 96th Street and Commerce Drive (existing North Augusta Drive). As part of the plans for the project to construct the 96th Street /North Augusta Drive round -a -bout, we will be taking the office building located at the northeast corner of the intersection. Mr. and Mrs. Ramon Stair, owners of the property, along with their son, Randy, whose architectural building, occupies the business are in the process of finalizing an agreement whereby the County will pay a substantial sum to the Stairs. The payment will allow the Stair family to relocate the existing building on a parcel of ground immediately contiguous to, and nort the buildings e fisting location 'pate working with your office to rezone both parcels as b Qvicof, 2- 9 C5/ w z)-1 )f /.M A '1 13. -3 Oa) 1-11270-7 0000O In doing so, the Stair family will preserve an older ell maintained building, to their existing mound sanitary system, and connect to the existing Wastewater Utility. The relocation of the building will cause the business to incur substantial expenses for rent and the cost of business interruption. In total, the City will be paying $795,000 total compensation to the Stair family. As part of our agreement, the County is asking the City of Carmel to waive the various fees that the Stair family will incur in order to relocate the building. As you know, this project will substantially benefit the City of Carmel by constructing some of the infrastructure which was part of the Carmel commitment in the Western Clay annexation. In addition, we anticipate that there will be drainage improvements benefiting the area for Carmel's soon -to -be taxpayers and residents. As a small contribution to the cost of the p Stair family, that the City waive all zoni and other Department of Planning fees associa you explore waiver of the sewer and water fees. oject, the Coun i -'q ealf of themselves and the application fees, plan review fees, ormal inspection fees, of the bu' ng. We would also ask that I briefly discussed this waiver with the Mayor 30 days ago, assuring him that the Hamilton County TIF District is going to be paying all of the other costs of this project. The Mayor stated that he would be more than willing to waive the planning and zoning fees upon assurances of Mr. Haney, that he was legally authorized to do so. He and I were both unsure whether sewer and water fees could be waived, but would seek your in put on that issue. In conclusion, the County will incur over $2,500,000 of land acquisition expenses for this project and anticipates the construction costs to be approximately $4,200,000. We would greatly appreciate your assistance on the comparatively small costs listed above. Very truly yours, Michael A. Howard, Attorney for Hamilton County, Indiana Conn, Angelina V From: Sent: To: Cc: Subject: Attachments: Hi Daren Please find attached an enlarged section of our site plan showing our plan for the relocation of our existing landscaping and the protection of our remaining trees. Not just as owners but as tenets of the structure we are very proud and conscious of our image. Every aspect of our relocation project (forced upon us by the county Road improvement efforts) will result in an "equal -to" or "better- than" finished product. The current building and parking area is surrounded by mulched planting beds consisting of Boxwoods, Holly, Yews, Burning bushes, a Plumb tree, Hostas, and Iris. Additional evergreens will be added to hide the new ground mounted up lights in the new planting beds. Any additional tree planting requirements will be covered in the new road project. If we need to discus further please call me at 228 -1900 Thanks Randy Stair From: Mindham, Daren [mailto:dmindham @carmel.in.gov] Sent: Tuesday, October 20, 2009 3:46 PM To: randy @stairnet.biz Subject: Oct. 21 TAC meeting item 96th /Augusta Dr. rezone Mr. Stair, Randy Stair [randy @stairnet.biz] Thursday, October 22, 2009 12:18 PM Mindham, Daren howardma @aol.com; Tim .Knapp@ hamiltoncounty.in.gov; Conn, Angell RE: Oct. 21 TAC meeting item 96th /Augusta Dr. rezone LANDSCAPE plan.PDF I have reviewed the project submitted for the October 21, 2009 Technical Advisory Committee meeting and I have some observations that I would like to see addressed. I would like to have tree preservation fencing provided around the drip line of the existing trees to remain and marked on the plan. After reviewing the site, it seems that there are some trees that may not be marked on the plan near the new entrance from the road. Also, I understand that existing landscaping from the current site will be relocated to the new site. I would like to see a detailed landscape plan of these changes. If you have questions, please contact me at 571 -2417. Daren Mindham Urban Forester City of Carmel 317 -571 -2283 1 1ui [4/ ZU f 14; L! dl l (lb�btlY HAMILTON ON COUN T j AUDITOR 104 317 -774 4.1 IRAN &MAP HAMILTON COUNTY NOTIFICATION LIST PREPARED BY ME HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLL O WING PERSONS 17-1 3-07-00-00-038.0(10 Ramon L Arlene Stair 9810 Greentree Carmel IN 17- 13 -07-00 -00. 033.101 Riedman, Eileen C 9681 Augusta Or N Carmel IN 1743 -07.00.00 -07&000 Neighbor James 8 Deborah J Robinson 3654 96th St W Indianapolis IN 46268 17- 1341.90-00 -037.000 Ramon L Arlene Stair 3760 961h St W Indianapolis IN 17 -13.07 -04.03 -013.000 Majestic Plaza LLC 9650 Augusta Or N 9 CARMEL IN rirrsdap, October 16, 21707 Subject OR 46032 Neighbor 46032 Neighbor 46268 Neighbor 46032 Page 1 Aft 17.13 -07-04-07 4101.000 Majestic Plaza LLC 9650 CARMEL Augusta Dr N P 9 IN 17.13.07.04 -07001.001 Clay Township Regional We District 10701 College Ave N AA Indianapolis IN Tuesday. October 16. 2007 Neighbor 46032 Neighbor 46280 Pagel oft