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Home My WebLink AboutPublic Notice82077-4020013 PUBLISHER'S AFFIDAVIT Form 65-REV 1-88 NOT-ICE OF PURLIC HEARZNG BEFORE THE CARMEL BOARD OF ZONING APPEALS Doc~t No. 05080041 CA Notice is hereby given that the Carmel Board of Zoning Appeals on the 24th day of October, 2005, at 6:~ pm in the Ci~ Council Chambers, Civic Square, Carmel, Indiana 46032 will hold a Public Hear- ing upon a Commitment Amendment applica~on for KRG Hamilton Crossing, L~C ("Applicant"). Applicant requests the amendment of the existing wri~en commit- ments for the property located at 126th Street and U.S. 31 in' order to allow for the approval of signage facing Pennsylvania Street by tenants leasing~ premises of a size less than~ 4,500 square feet within the Hamilton Crossing retail ~ development. The ptope~ subject to the wri~en commitmen~ is located at 126th Street and U.S. 31 in Carmel, Indiana. The request for the Commit- ment Amendment request is identified as Docket No. 05080041 CA. ~e real estate affected hy said applications is described as a pa~ of the Southwest Qua~er of Section 26 and a pa~ of the No~hwest Qua~er of Section 35, both in Township 18 Nor~, Range 3 East, Hamil- ton County, Indiana, described as follows: BEGINN~G at a point on the proposed west 45 foot ri9ht-of-way line of Penn- sylvania 'Street, said point being South 89 degrees 51 minutes 11 seconds West 45.00 feet from the no~heast corner of the Northwest Quar- ter of said Section 35; thence South 00 degrees 07 minutes 31 seconds East 695.72 feet along said proposed 45 foot right-of-way line to a point on the no~h line of the Schahet Hotel parcel; thence North 90 degrees 00 minutes 00 sec- onds West 2~.09 feet along STAT said north line to the east line of the parcel known as the Restaurant parcel; thence No~h 00 degrees 00 minutes 7.83 p 0o' ~.con.~ a, alon9 said east line to th~ 9 D~ northeast corner of said Res- ~ ~ taurant, parcel; thence No~h ~ / ~ 90 degrees 00 minutes 00 sec- 1~,~ onds West 254.69 feet along the no~h line of said Restau- 065 9~ rant parcel to the east righ't-of- ' way line of U.S. 31; thence No~h 00 degrees 03 minutes 57 seconds West 889.70 feet along said east right-of-way line to the south right-of-way line of th~ 126th Street; thence No~h 89 degrees 54 minutes 47 seconds East 537.69 feet alon~ said south r ght-of-way line to the proposed west 45 foot right-of-way line of Penn- sylvania Street; thence South 00 degrees 10 minutes'07 sec- onds East 201.26 feet aion9l said proposed 45 foot right-of- way line to the point of begin- nin9 and containing 11.042~ acres, more or less. The bear-I inos in this description are~ based upon the east line of the No~hwest Qua~er of Section 35 havin~ a bearing of South 00 degrees 07 minutes 31 sec- onds East. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an oppo~unity to be heacd at the above-mentioned time and place. ~nterested persons may also file wri~en comments.prior to the meet- ing. ~e hearing may be contin- ued from time to time as may be found necessary. The petitions and plans may be viewed at the Ci~ of Carmel Depa~ment of Communi~ Services, 1 Civic Square, Car- mel, Indiana, 46032. Paul G. Reis, A~orney for KRG Hamilton Crossing, LLC; Drewry Simmons Vornehm, LLR ~88 Keyst~e Crossing, SuRe 12~, Indianapolis, Indi- ana 46240, (31~ 580-4848 (S - 9/28 - 4020013) State of Indiana SS: MARION County Personally appeared before me, a notary public in and for said county and state, the undersigned Karen Mullins who, being duly sworn, says that SHE is cleri~' of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation printed and published in the English language in the city of INDIANAPOLIS in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), between the dates of: 09/28/2005 and 09/28/200~?/'-~ ~~&.4L-z....--' Clerk Title My commission expires: RMULA Subscribed and sworn to before me on~28/2005 Brenda R. Turk Notary t'ubPc? state of Indiana .05/06/201 l~_.._~:..~____~;c~ RATE PER LINE Notary Public POINT E - 16.49 SQUARES -.339 CENTS PER LINE PUBLISHED 1 TIME = .339 PUBLISHED 2 TIMES= .509 PUBLISHED 3 TIMES= .679 PUBLISHED 4 TIMES= .848 Meijer Stores LP 2929 Walker NW Grand Rapids MI 495, 16-09-26-00-00-015.0 7160 3901 9842 8569 Opus North Corporat 9700 Higgins Road, Rosemont IL 60018 16-09-26-00-00-016.* 7160 3901 9842 856(~ m rtl 2. Article Number 7160 3901 9842 8569 9733 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) [] Yes 1. Article Addressed to: of Delivery ~ .....L'] Addressee D. Is delivery address different from item 17 If YES, enter delivery address below: ~}Yes ~F~ No PS Form 3811, February 2004 Domestic Return Receipt 4):85 ............. 2. Article Number ES! nj 7160 -3901 9842 8569 9740 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) [] Yes 1. Article Addressed to: A. Received by (Please Print Cleady) B. Date of Delivery C. Sj~Lnature ~ D. is delivery address different from ite~n 1 ? [] Yes If YES, enter delivery address below: [] No rtl PSFor 81 f§ U 004 Domestic Return Receipt Meridian Park LP 12220 N. Meridian St. Carmel IN 46032 16-09-26-00-00-016.1 7160 3901 9842 8569 ...... 2. Article Number nj 7160 3901 9842 8569 ., C. Signature 9 7 5 7 |! If YES, enter delivery address below: 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) [] Yes 1. Article Addressed to: B. Date of Delivery [~gent [] Addressee [--]Yes [] No O m D l~.zO ~. Merldltn ~t., Suite 155 Car~l, I~ 46032 F 381 r 004 Domestic Return Receipt Duke Realty Limited' 7225 Woodland Drive Indianapolis IN 4627~ 16-09-26-00-00-016.3 7160 3901 9842 8569 North Meridian Carm 9333 N. Meridian Str, Indianapolis 1N 4626( 16-09-35-00-00-010.( 7160 3901 9842 8569 MMONS VORNEHM, LLP ag Suite 1200 Indianapolis Indiana 46240 ........... 2. Article Number 7160 3901 9842 8569 9764 [~ Addressee Is delivery a~~'ern 17 ~' [] Yes tf YES, enter delivery ~~: [] No IT1 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) [] Yes 1. Article Addressed to: PS Fl[,r~ 3ei~?~:~13,rt~t~2004 DOmestic Return Receipt LD r--q Eli B-' m 7160 3901 .9842 8569 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: A. RecqJved (Please Print Clearly) II ,,em' 9 7 71 enterdelivery address below: Yes B~ate o~%D.~'ve ry [] Agent F-~ Addresse [] Yes [~ No Ind.la~~i~, [I~ ~6260 Domestic Return Receipt 7160 3901 984P 8569 RETURN RECEIPT REQUESTED ~;--,~ ZiP CODE 9788 ~ridian Medical Associates LLC 401 Pennsylvania Way lis IN 46280 Mr. Peter Spoolstra 1829 N. Meridian St. Indianapolis IN 46208 17-09-35-00-00-011.0~ 7160 3901 9842 8569 2. Article Number :'~ . ),i~;:,'~ ;A~ ;ReCeived by (Please Print Clearly) B. Date of Delivery ~ I!D.-I~deliVe~ address different fr~m itel? ~ Yes ~~ ~~ ~~ ~~ ~~ ~I If YES, enter delive~ addre~ bel~: ~No ~ 3. Semice Type CERTIFIED MAIL ~ 4. Restricted Deliver? (E~m Fee) ~ Yes ~ 1. A~icle Addressed to: E! r'- PS FOrm 3811, February 2004 .{,G 4285 006 Domestic Return Receipt Ms. Joyce Spannan 12346 N. Old Meridim Carmel IN 46032 17-09-35-00-00-028.01 7160 3901 9842 8569 ............... 2. Article Number .n~- 7160 3901 9842 Lr] 3. Service Type CERTIFIED MAIL ILl 4. Restricted Delivery? (Extra Fee) _T 1. Article A.~?essed to;, PS Form 8811, Fobrua~ 2004 Domestic Return Receipt NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. 05080041 CA Notice is hereby given that the Carmel Board of Zoning Appeals on the 24th day of October, 2005, at 6:00 pm in the City Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Commitment Amendment application for KRG Hamilton Crossing, LLC ("Applicant"). Applicant requests the amendment of the existing written commitments for the property located at 126th Street and U.S. 31 in order to allow for the approval of signage facing Pennsylvania Street by tenants leasing premises of a size less than 4,500 square feet within the Hamilton Crossing retail development. The property subject to the written commitments is located at 126th Street and U.S. 31 in Carmel, Indiana. The request for the Commitment Amendment request is identified as Docket No. 05080041 CA. 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 Attorney for KRG Hamilton Crossing, LLC Drewry Simmons Vornehm, LLP 8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580-4848 A LAND BOUNDARY DESCRIPTION OF THE RETAIL CENTER AT HAMILTON CROSSING EAST HAMILTON COUNTY, INDIANA A part of the Southwest Quarter of Section 26 and a part of the Northwest Quarter of Section 35, both in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: BEGINNING at a point on the proposed west 45 foot right-of-way line of Pennsylvania Street, said point being South 89 degrees 51 minutes 11 seconds West 45.00 feet from the northeast comer of the Northwest Quarter of said Section 35; thence South 00 degrees 07 minutes 31 seconds East 695.72 feet along said proposed 45 foot right-of-way line to a point on the north line of the Schahet Hotel parcel; thence North 90 degrees 00 minutes 00 seconds West 284.09 feet along said north line to the east line of the parcel known as the Restaurant parcel; thence North 00 degrees 00 minutes 00 seconds East 6.47 feet along said east line to the northeast corner of said Restaurant parcel; thence North 90 degrees 00 minutes 00 seconds West 254.69 feet along the north line of said Restaurant parcel to the east right-of-way line of U.S. 31; thence North 00 degrees 03 minutes 57 seconds West 889.70 feet along said east right-of-way line to the south right-of-way line of the 126th Street; thence North 89 degrees 54 minutes 47 seconds East 537.69 feet along said south right-of-way line to the proposed west 45 foot right-of- way line of Pennsylvania Street; thence South 00 degrees 10 minutes 07 seconds East 201.26 feet along said proposed 45 foot right-of-way line to the point of beginning and containing 11.042 acres, more or less. The bearings in this description are based upon the east line of the Northwest Quarter of Section 35 having a bearing of South 00 degrees 07 minutes 31 seconds East. PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL BOARD OF ZONING APPEALS I, Paul G. Reis, do hereby certify that notice of public hearing of the Carmel Board of Zoning Appeals to consider Docket Number 05080041CA, was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER(s) NAME ADDRESS See Attached STATE OF INDIANA, COUNTY OF MARION, SS: The undersigned, having been duly sworn, upon oath says that the above information is true and correct as he is informed and believes./~r~ ~ ~~ I~ ~,~--.X, Je ' ' Pat~~. ~I~~,~A'"''- for KRG Hamilton Crossing, LLC Subscribed and sworn to before me this 10th d.ay"~~ct~05. Nota~.~ublic My Commission Expires: April 27, 2008 My County of Residence: Marion Signatures of adjacent property owners must be submitted on this affidavit. ' HAMIL TON COUNTY A UDITOR 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: Tuesday, September 13, 2005 Page I of I HAMIL TON CO UNTY NO TIFICA TION LIS T PREPARED B Y THE HAMIL TON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NO TIFY THE FOLL 0 WING PERSONS 16-09-26-00-00-016.002 Subject KRG Hamilton Crossing LLC 30 Meridian St S Ste 110 INDIANAPOLIS IN 46204 16-09-35-00-00-007.000 Subject KRG Hamilton Crossing LLC 30 Meridian St S Ste 110 INDIANAPOLIS IN 46204 16-09-35-00-00-008.000 Subject KRG Hamilton Crossing LLC 30 Meridian St S Ste 110 INDIANAPOLIS IN 46204 16-09-35-00-00-009.000 Subject KRG Hamilton Crossing LLC 30 Meridian St S Ste 110 INDIANAPOLIS IN 46204 16-09-35-00-00-010.000 Subject KRG Hamilton Crossing LLC 30 Meridian St S Ste 110 INDIANAPOLIS IN 46204 Tuesday, September 13, 2005 Page 1 of 3 16-09-35-00-00-010.002 KRG Hamilton Crossing LLC 30 Meridian St S Ste 110 INDIANAPOLIS IN Subject 46204 16-09-26-00-00-015.000 Meijer Stores LP 2929 Walker NW Grand Rapids MI Neighbor 49544 16-09-26-00-00-015.000 Meijer Stores LP 2929 Walker NW Grand Rapids MI Neighbor 49544 16-09-26-00-00-016.000 Neighbor Opus North Corporation 9700 Higgins Rd Ste 900 Rosemont IL 60018 '16-09-26-00-00-016.101 Neighbor Meridian Park LP 12220 Meridian St N Ste 155 CARMEL IN 46032 16-09-26-00-00-016.301 Duke Realty Limited Partnership 7225 Woodland Dr INDIANAPOLIS IN Neighbor 46278 Tuesday, September 13, 2005 Page 2 of 3 16-09-35-00-00-007.001 Neighbor Meridian Park LP 12220 Meridian St N Ste 155 CARMEL IN 46032 16-09-35-00-00-009.001 Neighbor Meridian Park LP 12220 Meridian St N Ste 155 CARMEL IN 46032 16-09-35-00-00-010.003 North Meridian Carmel Hotel LP 9333 Meridian St N INDIANAPOLIS IN Neighbor 46260 17-09-35-00-00-010.101 Meridian Medical Associates LLC 401 Pennsylvania Pky INDIANAPOLIS IN Neighbor 46280 17-09-35-00-00-011.001 Peter C Spoolstra 1829 Meridian St N Indianapolis IN Neighbor 46208 17-09-35-00-00-028.000 Spannan, Joyce Patricia Cornwell 5/6 & etal 1/6 12346 Old Meridian N Carmel IN Neighbor 46032 Tuesday, September 13, 2005 Page 3 of 3