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Home My WebLink AboutPublic NoticeState of Indiana Hamilton County ) ss: PUBLISHER'S AFFIDAVIT Personally appeared before me, a notary public in and for said county and state, the undersigned Tim Timmons who, being duly sworn, says that he is Publisher of The Times newspaper of general circulation printed and published in the English language in the city of Noblesville in state and county afore -said, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), the date(s) of publication being_as follows : - -- -- 10/26/201 Subscribed and sworn to before me this Friday, October 26, 2012. Notary Public My commission expires: 05/28/2020 Jennifer Louise May Resident of Marion County Publisher's Fee: $72.00 JENNIFER LOUISE MAY Notary Public- Seal State of Indiana My Commission Expires May 28, 2020 TL 1110 Page 1 of 2 TAKUSS 111 FA S e;eii on buyer's cil aver each 1 roe NOTICE OF PUBLIC HEARING BEFORE THE CARMEL PLAN COMMISSION Docket No. 12030014 DP NOTICE IS HEREBY GIVEN that the CARMEL Plan Commission (the "Plan Commission "), meeting on the 15th day of May, 2012 , at 6:00 o'clock p.m. , in the Council Chambers, Second Floor, City Hall, One Civic Square, CARMEL, Indiana 46032, will hold a Public Hearing regarding an application, identified by the Docket Number referenced above, seeking approval of a Development Plan (the "Application ") pertaining to the real estate generally located at 9800 Michigan Road in CARMEL, Indiana (the "Real Estate "). The Real Estate is legally described in Ex hibit "A ", is presently zoned I- 1 /industrial, within the US 421 /Michigna Road Overlay Zone and is ap proximately 4 acres in size. The Application seeks approval of the site plan and design for three buildings upon the Real Estate. Copies of the Application are on file for exam ination at the Department of Community Services, CARMEL City Hall, One Civic Square, CARMEL, IN 46032, telephone (317) 571 -2417. All interested persons desiring to present theft views on the Application, either in writing or ver Bally, will be given an opportunity to be heard at the above- mentioned time and place. Written comments filed with the Department of Community Services prior to or at the Public Hear ing will be considered, and oral comments will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Ramona Hancock, Secretary, City of CARMEL Plan Commission APPLICANT H & H Restaurant Management Brad Walker 5201 West 86th Street Indianapolis, IN 46268 (317) 203 -3030 ATTORNEY FOR APPLICANT James E. Shinaver NELSON& FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 (317) 844- 0106 EXHIBIT "A" Legal Description PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST IN CLAY TOWNSHIP, HAMILTON COUNTY) INDIANA DESCRIBED AS FOLLOWS: COMMENCING AT A P. K. NAIL AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST; THENCE NORTH 88 DEGREES 57 MINUTES 24 SECONDS EAST (ASSUMED BEARING) 674.55 FEET TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF MICHIGAN ROAD (US 421, FORMERLY STATE ROAD 29) AT A', POINT ON A CURVE TO THE LEFT, SAID POINT BEING NORTH 69 DEGREES 34 MINUTES 05 SECONDS EAST 121,951.22 FEET FROM THE RADIUS POINT OF SAID CURVE; THENCE NORTHWESTERLY http:// www2. indystar. com/ webcat/ classified /printfriendly?adno= 5940233 4/20/2012 Page 2 of 2 ON SAID CENTERLINE AND CURVE AN ARC DISTANCE OF 669.01 FEET TO THE NORTHEAST CORNER OF NORTH AMERICAN PARK SUBDIVISION; THENCE NORTHWESTERLY ON SAID CENTERLINE AND CURVE AN ARC DISTANCE OF 200.01 FEET TO THE NORTHEAST CORNER OF A 1.40 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT #9210565 AND THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE SOUTH 86 DEGREES 37 MINUTES 29 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTH AMERICAN PARK SUBDIVISION, 609.52 FEET TO A 5/8" IRON ROD WITH YELLOW CAP STAMPED S0083 ON THE EAST RIGHT -OF -WAY LINE OF THE FORMER T. H. I. & E. TRACTION COMPANY; THENCE NORTH 20 DEGREES 31 MINUTES 51 SECONDS WEST ON SAID EAST RIGHT -OF -WAY 299.39 FEET TO A 5/8" IRON ROD WITH YELLOW CAP STAMPED S0083 ON THE NORTH LINE OF THE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT No. 200000000117; THENCE ON SAID NORTH LINE NORTH 86 DEGREES 37 MINUTES 29 SECONDS EAST 607.44 TO THE CENTERLINE OF SAID MICHIGAN ROAD BEING A NON - TANGENT CURVE WITH A RADIUS OF 121,951.22 FEET OF A CENTRAL ANGLE OF 0 DEGREES 08 MINUTES 27 SECONDS; THENCE ON THE ARC OF SAID CURVE 300.00 FEET WITH A CHORD BEARING SOUTH 20 DEGREES 54 MINUTES 39 SECONDS EAST 300.00 FEET TO THE POINT OF BEGINNING, CONTAINING 4.00 ACRES, MORE OR LESS, SUBJECT TO ALL EXISTING RIGHT -OF -WAYS. (S - 4/20/12 - 5940233) http: / /www2.indystar.com /webcat /classified /printfriendly ?adno= 5940233 4/20/2012 AFFIDAVIT OF PUBLIC NOTICE SIGN PLACEMENT I, Jon C. Dobosiewicz, a Land Use Professional, with the law firm of Nelson and Frankenberger, PC, representing the Applicant of the property involved in this Public Hearing, do hereby certify that placement of the public hearing notice sign to consider Plan Commission Docket Number 12030014 DP was placed on the subject property at least twenty -five (25) days prior to the date of the public hearing scheduled for November 20, 2012. STATE OF INDIANA ) SS: COUNTY OF HAMILTON iJovi n C. Dobosiewicz /l • Subscribed and sworn to before me,: a Notary Public, in and for said County and State, appeared Jon C. Dobosiewicz, and acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this \LAlay of November, 2012. My Commission Expires: FX a '! Y �Notar Public Residing in OFFICIAL SEAL .W.E ^!NA L. CLOYS i,cra•y PCOIIc- Indiana Hin•ilton County My Caucaissior. Expires: Sep. 18, 2013 4004 AFFIDAVIT I, Jon C. Dobosiewicz, Land Use Professional with the law firm of Nelson & Frankenberger, representing the Applicant of the property involved in this Notice of Public Hearing, upon my oath and being duly sworn upon the same, hereby represent and warrant that the foregoing Notice of Public Hearing Before the Plan Commission of the City of Carmel, Indiana, regarding Docket Number 12030014 DP scheduled for public hearing on Tuesday, November 20, 2012 at 6:00 pm, was mailed by certified mail, return receipt requested, to those owners of real estate as listed on Exhibit A attached hereto not less than twenty -five (25) days prior to the date of the hearing. A copy of the said Public Notice is attached hereto and incorporated herein by reference as Exhibit B. 1 Jon C. Dobosiewicz STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Jon C. Dobosiewicz, and acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this %`nth day of November, 2012. My Commission Expires: Residing in OFFICiAL SEAL ii.E "!P1Ft L. CLOYS i lcrwy Pi.nlic- Indiana Hurrviiton County My Caiaziissior Expires: Sep. 18, 2013 Heartland Oil LLC 5201 86th St. W Indianapolis, IN 46268 Bartlett Realty Company Inc 460 Summer St Stamford, CT 6901 Jmb Properties LLC 7850 Lantern Rd Indianapolis, IN 46256 Armstrong, G. William Trustee of Armstrong Family Charitable 10654 Sunset Point Ln Fishers, IN 46037 Lande, Gerald & Beth 9699 Michigan Rd N Carmel, IN 46032 EXHIBIT C & C Realty Co LLC 9834 Michigan Rd N Carmel, IN 46032 1 Hoagland, Thomas G & Mary L 8675 E 200 S Zionsville, IN 46077 Burlen Realty Inc 4352 96th St W Indianapolis, IN 46268 Armtrust III LLC 10654 Sunset Point Ln Fishers, IN 46037 KLC Realty LLC 3825 South East St Indianapolis, IN 46227 Michigan Road Realty Partners LLC 9834 Michigan Rd N Carmel, IN 46032 Bill Estes Realty LLC 4105 96th St W Indianapolis, IN 46268 Mayflower Realty LLC 4105 99th St W Carmel, IN 46032 Chief Financial Services 11589 Westbury P1 Carmel, IN 46032 HC Carmel LLC 120 Market St E Ste 710 Indianapolis, IN 46204 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL PLAN COMMISSION Docket No. 12030014 DP NOTICE IS HEREBY GIVEN that the Carmel Plan Commission (the "Plan Commission "), meeting on the 20th day of November, 2012, at 6:00 o'clock p.m., in the Council Chambers, Second Floor, City Hall, One Civic Square, Carmel, Indiana 46032, will hold a Public Hearing regarding an application, identified by the Docket Number referenced above, seeking approval of a Development Plan (the "Application ") pertaining to the real estate generally located at 9800 Michigan Road in Carmel, Indiana including the property tax parcels identified as 17- 13- 07- 00 -00- 043.000 and 17- 13- 07- 00 -00- 044.000 (the "Real Estate "). The Real Estate is zoned I -1 /industrial, within the US 421/Michigna Road Overlay Zone and is approximately 4 acres in size. The Application seeks approval of the site plan and design for two buildings upon the Real Estate. Copies of the Application are on file for examination at the Department of Community Services, Carmel City Hall, One Civic Square, Carmel, IN 46032, telephone (317) 571 -2417. All interested persons desiring to present their views on the Application, either in writing or verbally, will be given an opportunity to be heard at the above - mentioned time and place. Written comments filed with the Department of Community Services prior to or at the Public Hearing will be considered, and oral comments will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Ramona Hancock, Secretary, City of Carmel Plan Commission APPLICANT H & H Restaurant Management Brad Walker 5201 West 86th Street Indianapolis, IN 46268 (317) 203 -3030 ATTORNEY FOR APPLICANT James E. Shinaver NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 (317) 844 -0106 HAMILTON COUNTY AUDITOR I, DAWN COVERDALE, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS MARKED AS NEIGHBORS ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660' FEET FROM 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. DAWN COVERDALE, HAMILTON COUNTY AUDITOR DATED: SUBJECT PROPERTY: 17- 13- 07- 00 -00- 043.000 Heartland Oil LLC 5201 86th St W Indianapolis IN Subject 46268 17- 13- 07- 00 -00- 044.000 Heartland Oil LLC 5201 86th St W Indianapolis IN 46268 Subject Pursuant to the provisions of Indiana Code 5- 14- 3- 3 -(e), no person other than those authorized by the County may reproduce, grant access, deliver, or sell any information obtained from any department or office of the County to any other person, partnership, or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list, addresses, or databases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person. 10/16/2012 Page 1 of 1 HAMILTON COUNTY NOTIFICATION LIST PLEASE NOTIFY THE FOLLOWING PERSONS 17- 13- 07- 00 -00- 042.000 Neighbor C & C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 17- 13- 07- 00 -00- 042.002 Neighbor C & C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 17- 13- 07- 00 -00- 042.003 Neighbor C & C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 17- 13- 07- 00 -00- 042.004 Michigan Road Realty Partners LLC 9834 Michigan Rd N Carmel IN Neighbor 46032 17- 13- 07- 00 -00- 046.000 Neighbor Bartlett Realty Company Inc 460 Summer St Stamford CT 06901 17- 13- 07- 00 -00- 047.000 Hoagland, Thomas G & Mary L 8675 E 200 S Zionsville IN Neighbor 46077 17- 13- 07- 00 -00- 055.001 C & C Realty Co LLC 9834 Michigan Rd N Carmel IN Neighbor 46032 17- 13- 07- 00 -00- 056.000 Bill Estes Realty LLC Neighbor PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING 10/16/2012 Page 1 of 3 4105 96th St W Indianapolis IN 46268 17- 13- 07- 00 -00- 056.002 Neighbor Bill Estes Realty LLC 4105 96th St W Indianapolis IN 46268 17- 13- 07- 00 -00- 056.101 Neighbor Jmb Properties LLC 7850 Lantern Rd Indianapolis IN 46256 17- 13- 07- 00 -00- 058.001 Neighbor Burlen Realty Inc 4352 96th St W Indianapolis IN 46268 17- 13- 07- 00 -10- 008.000 Neighbor Mayflower Realty LLC 4105 99th St W Carmel IN 46032 17- 13- 07- 04 -01- 001.000 Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN Neighbor 46037 7802 17- 13- 07- 04 -01- 002.000 Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN Neighbor 46037 7802 17- 13- 07- 04 -01- 003.000 Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN Neighbor 46037 7802 17- 13- 07- 04 -01- 004.000 Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln 10/16/2012 Neighbor PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING Page 2 of 3 Fishers IN 46037 7802 17- 13- 07- 04 -01- 005.000 Neighbor Armtrust III LLC 10654 Sunset Point Ln Fishers IN 46037 17- 13- 07- 04 -02- 001.000 Neighbor Chief Financial Services 11589 Westbury PI Carmel IN 46032 17- 13- 07- 04 -02- 002.000 Neighbor Lande, Gerald & Beth 9699 Michigan Rd N Carmel IN 46032 17- 13- 07- 04 -02- 024.000 Neighbor Lande, Gerald & Beth 10043 Summerlakes Dr Carmel IN 46032 9545 17- 13- 07- 04 -02- 026.000 Neighbor KLC Realty LLC 3825 South East St Indianapolis IN 46227 17- 13- 07- 04 -02- 027.000 Neighbor HC Carmel LLC 120 Market St E Ste 710 Indianapolis IN 46204 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING 10/16/2012 Page 3 of 3 NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 November 16, 2012 Angie Conn Carmel Department of Community Services One Civic Square Carmel, IN 46032 RE: Proof of Mailing and Publication for 9800 North Michigan Road Docket No. Number 12030014 DP Plan Commission scheduled for November 20, 2012 Dear Angie: Enclosed you will find the following: JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional 1. Publisher's Affidavit; 2. Affidavit of Notice of Mailing regarding Public Hearing; 3. Certified Mail Return Receipts; 4. Copy of Notice which was sent to surrounding property owners; 5. List of surrounding property owners provided to our office by the Hamilton County Auditor; 6. Affidavit regarding posting of notice sign Please call should you have any questions. Very truly yours, NELSON & FRANKENBERGER, P.C. • Jon C. Dobosiewicz enclosures