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HomeMy WebLinkAboutPublic NoticeForm Prescribed by State Board of Accounts 82077-3188813 General Form No. 99 P (Rev.. 1987) DREWRY SIMMONS PITTS & VORNEHM MARION COUNTY, INDIANA To' INDIANAPOLIS NEWSPAPERS 307 N PENNSYLVANIA ST- PO BOX 145 INDIANAPOLIS, IN 46206-0145 PUBLISHER'S CLAIM LINE COUNT Display Matter - (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set). Number of equivalent lines Head - Number of lines Body - Number of lines Tail - Number of lines · Total number of lines in notice COMPUTATION OF CHARGES 260.0 lines 4.0 columns wide equals 1040.0 equivalent 352.56 lines at .339 cents per line Additional charge for notices containing rule and figure work (50 per cent of above amount) Charges for extra proofs of publication ($1.00 for each proof in excess of two) .00 .00 TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 7.83 ems Size of type 5.'/point Number of insertions 1.0 352.56 Pursuant to the provisions and penalties of Chapt '~'~ 55, Acts of 1953, I hereby certify that the foregoing account is just a correct, that the amount claimed is legally due, aftex allowing all just credits, and that no part of the same has been paid. DATE: 03/31/2004 Clerk Title 82077-3188813 PUBLISHER'S AFFIDAVIT State of Indiana SS: MARION County th. und rsi,n d ..ren.-,,,.. who, e,n, du,y,wo , of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper o~er~ circ~~ ,-% pd~:;:i~ ~d published' in t~e English l~guage in the city of INOIANAPOL¥~:~n state which was duly published in said paper for 1 time(s), between the dates of: ~:i0~3/3-1/2004 and 03/31/200~'-'~-~ Clerk Title Form 65-REV 1-88 Subscribed and sworn to before me on 03/31/20~ ~ ~ C~_ My commission expires: STATE PRESCRIBED FORMULA Brenda R. Turk ] Notary Public, State of Indiana } My CommissiOn Exp. 05/06/201 l~______:________:____::J RATE PER LINE Notary Public 7.83 PICA COLUMN- 94 POiNT 94 POINTS / 5.7 PT. TYPE- 16.49 16.49 EMS ! 250-.06596 SQUARES .06596 SQUARES x $4.67-.308 CENTS PER LINE PUBLISHED 1 TIME = .308 PUBLISHED 2 TIMES= .462 PUBLISHED 3 TIMES= .616 PUBLISHED 4 TIMES= .770 1ce applications for Property _Group. Applicant ~he fot- East Halt the Section s. West 1305~Z3 ~llel with the South.line NOrtheast thenCe North 00 27 East 'tO. 95 8 Commencing a't the of said sec- .'South 88 36-minutes 43 sec- onds West (ass'umed bear- ing) 257.092 meters (843.~18 feet) toga Prolonget:L East line of the oWner's land; thence South 0 degree 23 minUtes 17 East 5.030 signs to 13; to increase he Pedestrian Amenity Direc- Quarter of Section 24, tiona/ signs (SDa) from 5 ft. o 11. ft. d Jrt.; to increase ~" ~pos~' :~ and,.size;~ Feint DireCtory ~nd EC/b) :at might and size;: ~ 4.) Section ~10.3' D.-':2.~ Variance request to allow two Office Canopy ID signs (EA/b) that face residentially Township 18 North, Range 3 ~~: 00 degrees 02 mit~u~te.s 4=J seconds East paratlel with the said East line '369:8 feet to the North line of real estate described Raft :0f Lots ~'.4'and"#5 in ROlling :: Acres i Resub an Additio:n in thence Courity, lndia~ 17 seconds irrPlat Book 2, feet) 35 'in the Office .of :) 'th'e East half of the Northeast Recorder of HamiltOn County, )oundary of said 146th Indiana, being more particu- Street; thence North 88 larly described as 'follows: degrees 36 minutes 43 .sec- .... .ess:,,. ~Ction': ~ :t~e NOrthernmost.cOrner~. Range}:3: 'East? N0~hwesterly on and ~alqng~ ,,0 !~L:~~.::~ the' ~S0bthwest'~ li~n~'of~'Eot~' ~5' and #4, 321;42 feet'[o do'h:' the Westernmost corner:of Lot ~4; thence North-easter- (aSsumed bearing)257.0~2 ly 30.1 feet the Northern meters (843.48 feet) from most. corner of the northeast'corner of said ~terS (6.70 feet) along the [ (124.07, feet) along said degrees 36 minutes 43 sec- iundarY of said frontage Jboundary to the point of onds West (assumed bear- 'ad; .thence. SoUth 71 lbeginning and containing ing) 332.906 meters(1092.'2[ ~grees 35 minutes .19 sec-10,0569 hectares.: (0..]_41 feet) from the Northeast cor- tds East.20.571.meterslacres)moreor less~. : · net of Said Section, ,said 7..,49 feet) along said]ALSO~(CEPTINGTHEREFROM- point is at a Northeast cor- m~ge.road;the~ei South t,A part'of the East Half of the' ner .of' th;e O'Wner!S land'; degrees .'39.:.~n~tes :48 / Northeast'Quarter .o~f Sectiol thence South 0 'degree 46. c~o~'_d~/i~ ~;~:~s/~24,:TownshLo 18 North_, Raq~ :mrnutes:52' sec~onEs west~ ~;;z;= ::i~e~i~iat;0~$aid/3 East,.Uamilton ~.qun=y 5.033 ~meter.s' (].6.'5~'~feet ~ndarY:~.,~e[ :.~i~:i~'~.~ndiaO:~ ~',deScr'ibed.~as .f6/ along an East. It:h:e~. of the ~ees~6mi~~~'[~C, emmenc:ing at+th~ owner"s, land;:tlien'ceSOUth WeSt 154;4O[~:~ti~{~~%of~said:,$ec 88 degrees 36 minutes 43' '81 seconds West 64.705 meters. seconds West 23.678 meters (77.68 feet); thence South 88 degrees 36 minutes 43 sec~ onds West 26:00 meter~$2 (85;30 feet); thence North ~ degrees 12 ,minutes 30 onds :West`. 2~269. mete~,~ (7,44 feet): to :the". West i.i:~,,: of .the':ow~er~s ]andL~thenc~ North. 0 degrees ~13 .minu, tfj~ 47: seC0nds we~t:,~17:iS~,: sa~ fwe~ ~ ~oe:'to :the~ .~d:. ~, f uwn~n~p ~o f~or~n, Kange [hence ~or[n ~ aegrees 4/ Recorder 0t Hamilton County, A part of the Ea~st half of ti Northeast Quarter of Sectk 3 EaSt; thence South along ~conds East on .Township ' ] the East-Erie of said QU; f( East in section ' 580.00~ feet point; thence' West in con With the North said East line 640~00 feet of: beginning. Conta . acres more or Iess ~TraCt 2 ' :~ ~ of the East ~st' half; thence ,rth, 680.3 feet to an ir°n thence said point I~ commenci West land; , ]3:~ minutes 46 meters (I6,5 descr on the Township 18 dnutes 17 sec- 5.030 ' meters along said pro- tine i to the point this descrip- ~tes n 24, Townshi le473 East, SOuth ~unty Superior minutes 30 Cause No..2 42 secon'ds to the west .Half; tt 00 degrees 00 seconds ~We West Northwest corner ~aid East ~iltO~ ~y,:-Indiana, as Instr't~ Iqo. 99-42226,-mor~e~_ :ri. bed as East heast Quarter ;eCtion. 24, as Hamilton Cot :thence. ;. minutes .20~57:L. 2. deg . degre; onds I to the I and" co~ i9 .hectares- ;grees 36.minutes ' ~ds west (assumed bear' lng) 332.906 meters (1092.21 feet) from the Northeast cor- ner of. said seCtion; Said ~est 23.678 thence South 43 me~ '0,~1.2,2 hectares Quarter~ "Towoship , East,',~ H; .thedce 'con~ · NOrth nu~eS 43 s~ 64,7'9.2 m et,e~ _ of Hamilto:n"county= more feet) along feet) to st .1'0:044 mete ;)5, feet): undary to Indiana described ,as lows: .Commencing at ,Northeast cOrner:of said So uth thence-North 0 minutes 47 sec- 36. minutes ~st ~ I'34.258 line ~orJess. 24, Towns Range" 3 ~d , as 67 feet East WeSt corner Quarter :of' the NOrtheas. ;5.030 meters' 'the owner'S land; thence ~ce North '88 ~inuteS ,43 .se d; thence ,No~ minutbs. 53 si ne Cro'ssin~,diana'. PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING HEARING OFFICER OF THE CARMEL BOARD OF ZONING APPEALS I, Paul G. Reis, do hereby certify that notice of public hearing of the Hearing Officer of the Carmel Board of Zoning Appeals to consider Docket Numbers 040200028, 04030002'9, 040300030, 040300031, 040300032, 040300033, 040300034, 040300035, 040300036, 040300037, 040300038 and 040300039 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, COLYNTY 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. p 1 O~Reis)(~sq.~ Attorney for L'xt~ Property Group Subscribed and sworn to before me this Nota~ ,2004. Printed Name My Commission Expires: County of Residence -HA~!~ ?0# ¢OU#?YA 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: Friday, March 26, 2004 Page I of I flAMILTON COUNTY NOTIFICATION I PREPARED BY TIE HAMI.T~ COiBITY AUDITORS OFFICE, DIVISION OF TAX MAIqqNG LISTED BELOW ARE SiB, ECT PROPERTES ( SiJBJECT MARKED Bi YELLOW) SUBJECT IS] 16-09-24-00-00-010.000 Clay Terrace Partners LLC 9777 CollegeAve N INDIANAPOLIS IN 46280 16-09-24-00-00-010.001 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-010.001 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-011.000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-012.000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 4628O 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 Friday, March 26, 2004 Page I of 2 -'16.09-24-00-00-014.000 Clay'Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-014,000 Clay Terrace Partners LLC 9777 CollegeAve N INDIANAPOLIS IN 46280 16-09-24-00-00-015.000 Clay Terrace Partners LLC 9777 CollegeAve N INDIANAPOLIS IN 46280 16-09-24-00-00-015.000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 1.6-09-24-02-07-005.000 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 Friday, March 26, 2004 Page 2 of 2 HAMILTON COUNTY NOTIFICATION PREPARED BY THE HAM&TON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 08-09-13-00-00-017.000 Perry A Benson 28O 146th St W Carmel IN 46032 08-09-13-00-02-013.000 Jack S & Stephanie C Holding 14603 Shadow Lakes DR Carmel IN 46032 08-09-'13-00-02-014.000 William E & J Kristin Evans 14606 Shadow Lakes DR Carmel IN 46032 08-09-13-00-02-0'15.000 Debra L & Richard Nolan 272 146th St W Carmel IN 46032 09-09-13-00-00-015.000 Greyhound Plaza Associates LP 201 Illinois N 23rd Fir Indianapolis IN 46204 09-10-18-00-00-015.102 Village Developers L P P O Box 6120 Indianapolis IN 46206 16-t:)9-24-02-04-001.000 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 Friday, March 26, 2004 Page 1 of 6 109 John St Carmel IN 46032 16-09-24-02-04-004.000 Johnson, Lee 211 John St CARMEL IN 46O32 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 Friday, March 26, 2004 Page 2 of 6 307 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 Friday, March 26, 2004 Page 3 of 6 160 Ewing CT Carmel IN 46032 '1 $-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 Clay Terrace Partners LLC 9777 CollegeAve N INDIANAPOLIS IN 46280 '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 Harpe, Jeffery A 17502 Shady Nook Rd CARMEL IN 46032 t6-09-24-04-03-007.000 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 Friday, March 26, 2004 Page 4 of 6 6 Circle Dr Carmel IN 46032 16-09-24-04-03-010.000 Larry D & Deann M Wimer 6 Circle Dr Carmel IN 46032 t $-09-24-04-03-011.000 ~ Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-04-03-014.001 Eaglecreek Nursery Company Inc 14012 Meridian St N Carmel IN 46032 16-10-19-00-00-001.004 t_owes Home Centers Inc P 0 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 16-10-19-00-00-023.000 Carmel Creek LLC 320 Main St N #200 PO Box 8649 ANN ARBOR MI 48104 16-10-19-00-00-028.001 Shurgard Storage Centers Inc 1155 Valley St Ste400 SEATTLE WA 98109 Friday, March 26, 2004 Page 5 of 6 30 Meridian St S #1100 Indianapolis IN 17-10-19-00-00-027.'101 Kite Greyhound LLC 30 Meridian St S Ste 1100 INDIANAPOLIS IN 46204 Friday, March 26, 2004 Page 6 of 6 NOTICE OF PUBLIC HEARING BEFORE THE HEARING OFFICER OF THE CARMEL BOARD OF ZONING APPEALS Docket Nos. 04030028, 04030029, 0403030, 04030031, 04030032, 04030033, 04030034, 04030035, 04030036, 04030037, 04030038, 04030039 Notice is hereby given that the Hearing Officer of the Carmel Board of Zoning Appeals meeting on the 26th day of April, 2004 at 6:00 pm in the Department of Community Services Conference Room, 1 Civic Square, Carmel, 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 12 feet 2 inches and design to be consistent with signage design approved by Plan Commission (Docket No. 04020032 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 20 feet and design to be consistent with signage design approved by Plan Commission (Docket No. 04020032 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: to increase number of Pedestrian Amenity Directional signs (SDa) from 2 to 13; to increase height of Pedestrian Amenity Directional signs (SDa) from 5 ft. to 11 ft. 6 in.; to increase number of Parking Area ID signs (SEa) from 2 to 46; to increase height of Parking Area ID signs (SEa) from 5 ft. to 21 ft. 4 in; to allow two additional Food Court Signs (SG/a) at proposed height and size; to allow one additional Welcome Sign (SH/a) at proposed height and size; and to allow four Office Tenant Directory signs (EC/a and EC/b) at proposed height and size; 4.) Section § 10.3 D. 2. Variance request to allow two Office Canopy ID signs (EA/b) that face residentially zoned area; The property is located south and west of the intersection of 146th Street and U. S. Indiana. '",, ... : The applications are identified as Docket Nos. 04030028, 04030029, 0403030, 04030031, 04030032, 04030033, 04030034, 04030035, 04030036, 04030037, 04030038, 04030039, 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, Carmel, Indiana, 46032. Paul G. Reis, Esq. Attomey for Lauth Property Group Drewry Simmons Pitts & Vomehm, LLP 8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580-4848 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 comer 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 t° 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 a point 355.55 feet South ofthe Northwest comer 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 comer 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 comer; thence South 00 degrees 12 minutes 30 seconds East on the West line of said .real estate 350.00 feet to the Southwest comer 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 comer 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 comer 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 a point; thence North 350 to the place of beginning. 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 comer 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 comer 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 comer 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 comer 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 146th Street ;thence North 88 degrees 36 minutes 43 seconds East 134.360 meters (440.81 feet) along the boundary of said 146th 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 comer of said section; thence South 1 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) to the south boundary of 146th 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 04 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 comer of Section 24, Township 18 North, Range 3 East; thence South 28 degrees 18 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 comer 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: BEGIb~G at a poim 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 comer 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 comer 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 fight of way grant for U.S. Road Number Thirty One and the fight 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 fights of way of record. Parcels 06 & 07 ' 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 Comer 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 Secti°n 24, Township 18 North, Range 3 East, South 88 degrees 47 minutes 30 seconds West (assumed bearing) 1092.21 feet from the Northeast comer 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 Insmmaent 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 comer 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' Commencing at the Northeast comer 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 146th 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. 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Sent To: Restricted (Endorsement Required) ~:'.:'~ ~15,1~3 ;.i}~2~! .... ~ ''j .~. ~"~ostmarkHere Re~61pt Fee )men~equired) Total Postage & Fees PS Form 3800, APRIL 2002 US Postal Service Certified Mail Receipt · · Return Restricted Del/very Fee (Endorsement Required) Sent -'--'--"'"""~*"'""~'"'~-',-----... US Postal Service D~-_-.WP-Y ATTORNEys 8888 Keystone Crossing Suite 1200 Indianapolis Indiana 46240 LLP 7160 3901 9842 0880 2486 RETURN RECEIPT REQUESTED Mr. Steven Heifner Ms. Daina Gold 217 John Street Carmel, IN 46032 SIMMONS PITTS &VOANEHM, LLP ATTORNEYS ?'8888 Keystone Crossing Suite 1200 Indianapolis Indiana 46240 x...., i.._:~....-' s~¢c~-a: '$'PO$'i"~AGEI: .- 7160 3901 9842 0880 2790 RETURN RECEIPT REQUESTED · Mr. Jeffe, ry Harpe 17502 Shady. Nook Road Carmel, IN 46032