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HomeMy WebLinkAboutPublic 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 ofNoblesville 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: 8/16/2013 Subscribed and sworn to before the this Friday, August 16, 201,3. Notary Public My commission expires: 05/28/2020 Jennifer. Louise May Resident of Marion County Pub'lisher's Fee: $190.40 JENNIFER .�...�:..__� � -S F A Y Notary Public- of IndiaMy OOniss Expires May 28, 020 Y 1 TL 3400 BEFORE'THE CARMEL BOARD OF ZONING'APPEALS HEARING OFFICER', Docket Number 1308000W 5 0 , ). ;Notice is hereby given that the Carmel Board of ZoningAppeals Hea`r'ing Offtcer,'on ther26th''ofAugdst, 2013 ata5:30 p.m: in the CarmeI,City Ha11,aCauci r Room, 1 Civic Square,.Carmel, Indiana 46032 will' :hold a Public Hearing'seekitt approval of development standards variances for no landscaping along a,portion of US'3.1, less',than'two (2) feet of planting strip along a portion of 116th Street, and five'(5) feet of planting strip along a portion of Street; in regards to the PennMark One Building. property being known as 11595`North Meridian Street. The application is identified as Docket No. 13080005 -07V Thereat estate affected by said application is described-as follows: PART.OF THE NORTHWEST QUARTER AND PART.OF THE • - NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH,:RANGE': EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICUL'ARLI DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE WEST LINE OF THE SAID NORTHEAST QUARTER SECTION, SOUTH 00 DEGREES 22 MINUTES 08 SECONDS WEST (ASSUMED BEARING) 40.02 FEET.FROM THE NORTHWEST '(CORNER) OF SAID NORTHEAST QUARTER SECTION; THENCENORTH 88, DEGREES 36 MINUTES 14 SECONDS EAST, • PARALLEL WITH THE '.NORTH LINE OF SAID NORTHEAST QUARTER SECTION, 55.00. FEET; THENCE SOUTH 46 DEGREES 23 MINUTES 46. SECONDS. EAST 20.32 FEET; THENCE SOUTH 00 DEGREES ,22 MINUTES OS SECONDS WEST, PARALLEL WITH THE SAID WEST LINE *509.20* FEET - THENCE; NORTH 89 DEGREES 37 MINUTES 52 SECONDSWEST 353.98 FEET; THENCE SOUTH 45 DEGREES 22 MINUTES 08 SECONDS WEST 5940 FEET; THENCE NORTH,89 DEGREES 37 MINUTES .52 SECONDS!WEST 160.35 FEET TO THE EAST LIMITED ACCESS'RIGHTOF WAY LINE'OF U.S. 21 (PER INDIANA STATE HIGHWAY PLANS PROJECT S.F.F.- 222(9), DATED 1973); THENCE NORTH 00 DEGREES 09 MINUTES 52 SECONDS WEST ALONG SAID EAST LIMITED ACCESS RIGHT OF WAY LINE: 423.31 FEET; THENCE NORTH. 88 DEGREES 36 MINUTES 14 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF THE SAID NORTHWEST. QUARTER, SECTION 110.44 FEET; THENCE NORTH 00 DEGREES, 09 MINUTES 52 SECONDS WEST 124.99 FEET; THENCE NORTH 88 DEGREES 36 MINUTES 14:SECONDS EAST, PARALLEL ,WITH THE.NORTH LINE OF' SAID NORTHWEST QUARTER SECTION, 381..45 FEET TO THE IN BEGNING POINT. EXCEPT THE PART CONVEYED TO, THE. CITY OF CARMEL BY A DEEDDATED'MARCH 29, 2000, AND RECORDED NOVEMBER 16,:2000, AS1INSTRUMENT' 420000057658, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE NORTHEAST QUARTER OF SECTION 2, - TOWNSHIP 17 NORTH, AANGE,3 EAST, HAMILTON COUNTY, INDIANA, BEING PART OF THE LAND DESCRIBED,IN DEED INSTRUMENT 49200377,AS'RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, [NDLANA, LYING WITHIN THE PROPOSED RIGHT OF. WAY DEPICTED ON THE RIGHT OF WAY PARCEL PLATAND LEGALLY-DESCRIBED AS FOLLOWS: COMMENCING AT THE, NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH`1 DEGREE 30 MINUTES 31 SECONDS WEST 40 :02. FEET ALONG'THE WESTLINE OF SAID QUARTER SECTION TO THE NORT -ILINE' OF TILE OWNER'S LAND; THENCE NORTH'89 DEGREES 45 MINUTES 17 SECONDS EAST 55.00 FEET ALONG SAID. NORTH LINE TO.THE'NORTHEASTERN LINE OF THE OWNER'S LAND; THENCE SOUTH 45 DEGREES 16 MINUTES 17 SECONDS EAST'1_08 FEET ALONG SAIDNORTHEASTERN LINE TO THE POINTOF BEGINNING OF THIS DESCRIPTION, THENCE. SOUTH 45 DEGREES 16 MINUTES:, 17 SECONDS EAST. 19.24FEETALONG$SAID NORTHEASTERN LINE TO THE EAST LINE OF THE OWNER'S LAND; THENCE;SOUTH'l DEGREE'30 MINUTES 31 SECONDS :WEST' 500.20 FEET ALONG SAID EAST LINE TO THE SOUTHEAST CORNER' OF THE OWNER'S. LAND; THENCE :NORTH 88'. DEGREES !29'M1NUTES.29 SECONDS WEST 14.76 FEET ALONG THE SOUTH: LINE OF THE OWNER'' S LAND; THENCE NORTHEASTERLY 48.82 FEET ALONG.' AN ARC TO THE LEFT AND- HAVIT4GARADIUS OF 1,864.86 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 2 DEGREES 16 MINUTES 11 SECONDS EAST AND A LENGTH'OF 48.84. FEET TO THE POINT DESIGNATED AS POINT "90" ON1SAID RIGHT OF WAY PARCEL PLAT: THENCE NORTH 1 DEGREE;31 MINUTES 11 SECONDS EAST 473.76. FEET TO THE'POINT OF BEGINNING. All interest 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. TNHYIF REIV SIERRA,,LLC By: Timothy E. Ochs, Attorney for Petitioner TL3400 8/16 It hsparlp PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING' CARMEL BOARD OF ZONING APPEALS HEARING OFFICER I, Timothy E. Ochs, attorney for TNHYIF REIV SIERRA, LLC, DOES HEREBY CERTIFY THAT NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS HEARING OFFICER CONSIDERING Docket Number 13080005 -07V was registered and mailed at least ten (10) days prior to the date of the public hearing to the below listed adjacent property owners: . See Exhibit "A" attached hereto and made a part hereof. STATE OF INDIANA ) SS" COUNTY OF MARION The undersigned, having been duly sworn up on oath says that the above information is true and correct and he is informed. and believes._ - Tiinothy E. 0 ttorney for Petitioner Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally a�pp?ear d Timothy E. Ochs and acknowledge the execution of the foregoing instrument this IVraay of August, 2013. 3339518 Notary Public — O Signatwitrcnole R. Perry Notary Public - Indiana County of Hamilton Avian: Mar. 24, 2018 My Commission expires: PUBLIC NOTICE SIGN PLACEMENT AFFIDAVIT I, Timothy E. Ochs, attorney for TNHYIF REIV SIERRA, LLC, does hereby certify that placement of the public notice sign to consider Docket Number 1 3080005-07V, was placed on the subject property at least ten (10) days prior to the date of the public hearing at the address listed below. 11.595 North Meridian Street, Carmel, Indiana. STATE OF INDIANA ) SS" COUNTY OF MARION ) The undersigned, :having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Timothy y for Petitioner Before the the undersigned, a Notary Public for Hamilton. Count -y, State of Indiana, personally appeared Timothy E. Ochs and acknowledge the exepution of the foregoing instrument this O "day of August, 2013. 3339518 notary Public = Si ature Notary 'Nichole R. Perry rint tR 11c Indiana ourt of Hamilton My Comm. Expires: Mar. 24, 2018 My Commission expires: EXHIBIT A Zeller Carmel LLC 401 N. Michigan Avenue, Suite 250 Indianapolis, IN 46204 Protective Insurance Company 111 Congressional. Blvd, Suite 500 Carmel, IN 46032 Sepro Development Company II LLC 11550 Meridian Street N, Suite 6.00 Carmel, IN 46032 Fidelity Office Building II LP 117.11 Pennsylvania Street N Carmel, IN 46032 TNHYIF REIV Sierra, LLC 44 Broadway S. 10th Floor White Plains, NY 10601 Clarian Health Partners Inc. 340 10th. St W, Suite 2100 Indianapolis, IN 46202 Police &, Fireman's Insurance Assn. 101 E. 116th Street Carmel, IN 46032 Richard R. Young & Lenard H. Wolfson 9507 Ross Lane Indianapolis, IN 46268 3339518 LEGAL C0 U N S E L. August 16, 2013 . Interested Party/Neighbor. LLP RE: Docket No. 113080005 -07V TNHYIF REIV SIERRA, LLC. Dear Neighbor: WRITERS DIRECT NUMBER: (317.).236-5952 DIRECT FAX: (317)592 -4720 INTERNET: Timothy.Ochseicemiller.com We represent TNHYIF REIV SIERRA, LLC ( "TRS "), which is the owner of office _ building located at 11595 North Meridian Street, Carmel, Indiana, which is also known as the PennMark One TRS is seeking variances of development ';standards to allow for (i) no landscaping along a portion of US 31; (2) less than two (2) feet of planting strip along a portion of 116th Street; and (3) five (5) feet of planting strip along a portion of Pennsylvania Street. The variances are needed solely as a result of a the acquisition of addition right —of -way by the Indi ana Department of Transportation along US Highway 31, 116th Street and Pennsylvania Street. The purpose of this letter, and °enclosed Notice is to inform you that a petition has been filed with the City of-Carmel in regards to the above - mentioned: matter. The petition is currently scheduled to be considered by the City of Carmel. Board of Zoning Appeals, Hearing Officer at a public hearing to be held at 5:30 P.M. on August 26, 2013, at the City Hall, Caucus Room, 1 Civic Square, Carmel, Indiana 46032. Enclosed please find a copy of the formal Notice advising you of the Petition and the hearing date. If you have any questions regarding this request or this letter, please do not hesitate to contact me. Very truly yours, ICE MILLER LLP Timothy E. Ochs Timothy E. Oths;: Esq. Enclosure 3337343 One American - Square 1 Suite,2900 (; Indianapolis, IN 46262-0200,1 P 317-236-2100 1'F 317- 236 -2219 INDIANAPOLIS I CHICAGO 1 CLEVELAND 1 COLUMBUS 1 DUPAGE COUNTY IL 1 WASHINGTON 'DC www:icemiller:com NOTICE 'OF PUBLIC HEARING. BEFORE. THE CARIVIEL BOARD OF Z ONING APPEALS HEARING OFFICER Docket Number: 13080005 -07V Notice is hereby given that the :Carmel Board of Zoning :Appeals Hearing Officer on the 26th of August, 2013 at 5:3.0 p.m. in the Carmel City Hall, Caucus Room, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing seeking approval of development standards variances for no landscaping along a portion of US 31, less than two (2) feet of planting strip along a portion of 116th Street, and five (5) feet of planting strip along a portion of Pennsylvania Street, in regards to the PennMark One Building. property being known as 11595 North Meridian. Street. The application is identified as Docket No. 13080005 -07V The real estate affected by said application is described as follows: PART' OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE WEST LINE OF THE SAID NORTHEAST QUARTER SECTION, SOUTH 00 DEGREES 22 MINUTES 08 SECONDS WEST (ASSUMED BEARING) 40.02 FEET FROM THE NORTHWEST (CORNER) OF SAID NORTHEAST QUARTER SECTION; THENCE NORTH 88 DEGREES 3 "6 MINUTES 14 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER SECTION, 55.00 FEET, THENCE SOUTH 46 DEGREES 23 MINUTES 46 "SECONDS EAST 20.32 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 08 SECONDS WEST, PARALLEL WITH THE SAID WEST LINE 509.20 FEET; THENCE NORTH '89 DEGREES 37 MINUTES 52 SECONDS WEST 353..9.8 FEET; THENCE SOUTH 45 DEGREES 22 MINUTES 08 SECONDS. WEST 59.40 FEET; THENCE NORTH, 89 DEGREES 37 MINUTES 52 SECONDS WEST 160,:35 FEET TO THE EAST LIMITED ACCESS RIGHT OF WAY LINE OF U.S. 31 (PER INDIANA STATE HIGHWAY PLANS PROJECT _S.F.F.- 222(9), DATED 1973)'; THENCE NORTH 00 DEGREES 09 MINUTES 52 SECONDS WEST ALONG SAID EAST LIMITED ACCESS RIGHT OF WAY LINE 423.31 FEET; THENCE NORTH 88 DEGREES 3.6 MINUTES 14 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF THE SAID NORTHWEST QUARTER SECTION 110.44 FEET; 'THENCE NORTH 00 DEGREES 09 MINUTES 52, SECONDS' WEST 124.99 FEET; THENCE NORTH 88 DEGREES 36 MINUTES 14 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST' QUARTER SECTION, 381.45 FEET TO THE BEGINNING POINT. 3337267 A PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3 EAST, HAMI LTON COUNTY, .INDIANA, BEING PART OF THE LAND DESCRIBED, IN DEED INSTRUMENT #9200377, AS RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, .INDIANA, LYING WITHIN THE PROPOSED RIGHT OF WAY DEPICTED ON THE RIGHT' OF WAY PARCEL PLAT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A AND LEGALLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 1 DEGREES' 30 MINUTES 31 SECONDS WEST 40.02 FEET ALONG THE WEST LINE OF SAID QUARTER SECTION TO THE NORTH LINE OF THE OWNER'S LAND; THENCE, NORTH 89 DEGREES 45 'MINUTE 1.7 SECONDS EAST 55.00 FEET ALONG SAID NORTH L INE TO THE NORTHEASTERN LINE OF THE OWNER'S LAND; THENCE SOUTH 45' DEGREES 16 MINUTES 17 SECONDS EAST 1.08 FEET ALONG SAID NORTHEASTERN LINE OT THE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE SOUTH 45 DEGREES 16 MINUTES 17 SECONDS EAST 19.24 FEET ALONG SAID NORTHEASTERN LINE TO THE EAST LINE OF THE OWNER'S LAND; THENCE SOUTH 1 DEGREE 30 MINUTES 31 SECONDS WEST 509.20 FEET ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF THE OWNER'S LAND; THENCE NORTH` 88 DEGREES 29 MINUTES 29 SECONDS WEST 14.76 FEET ALONG THE SOUTH LINE OF THE OWNER'S LAND; THENCE' NORTHEASTERLY 48.82 FEET ALONG AN ARC TO THE LEFT AND HAVING A RADIUS OF 1,864.86 FEET AND SUBTENDED BY A LONG CHORD HAVING .A 'BEARING OF NORTH 2 DEGREES 16 MINUTES 11 SECONDS EAST AND A LENGTH OF 48.84 FEET TO THE POINT DESIGNATED AS POINT "90" ON SAID RIGHT OF WAY' PLAT: THENCE NORTH 1 DEGREE 31 - MINUTES 11 SECONDS EAST 473.76 FEET TO THE POINT OF BEGINNING. All interest 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. TNHYIF REIV SIERRA, LLC By: Timothy E. d chs, Attorney for Petitioner 3337267 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 LABELED AS NEIGHBORS, ARE THE PROPERTY OWNERS THAT ADJOIN AND ABUT 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: )61 08 /la /�o/3 16- 13- 02- 00 -00- 007.003 TNHYIF REIV Sierra LLC 44 Broadway S 10th Floor White Plains NY Subject 10601 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 mailinglist, 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 CO any other person. 8/12/2013 Page 1 of 1 HAMILTON COUNTY NOTIFICATION LIST PLEASE NOTIFY THE FOLLOWING PERSONS 16- 09- 35- 00 -00- 037.001 Zeller Carmel LLC 401 N MICHIGAN AVE STE 250 Indianapolis IN Neighbor 46204 16- 09- 35- 00 -01- 016.000 Protective Insurance Company 111 Congressional Blvd Ste 500 Carmel Neighbor IN 46032 16- 13- 02- 00 -00- 003.001 Sepro Development Company II LLC 11550 Meridian St N Ste 600 Carmel IN Neighbor 46032 16- 13- 02- 00 -00- 003.002 Neighbor Fidelity Office Bldg II LP 11711 Pennsylvania St N Carmel IN 46032 16-13-02-00-00-007.004 TNHYIF REIV Sierra LLC 44 Broadway S 10th Floor White Plains NY Neighbor 10601 17- 09- 35- 00 -00- 040.000 Neighbor Clarian Health Partners Inc 340 10th St W Ste 2100 Indianapolis IN 46202 17- 13- 02- 00 -00- 010.000 Police & Fireman's Insurance Association 101 E 116TH ST Carmel IN Neighbor 46032 17- 13- 02- 00 -00- 011.000 Neighbor Young, Richard R & Lenard H Wolfson PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING 8/12/2013 Page 1 of 2 9507 Ross Ln Indianapolis IN 46268 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING 8/12/2013 Page 2 of 2