Board of Zoning Appeals Special Exception hearing for tourist home at 366 Lower Owl Creek Road, by petitioners H. Keith and Molly Dunn

LEGAL NOTICE OF PUBLIC HEARING

FOR A SPECIAL EXCEPTION

BROWN COUNTY BOARD OF ZONING APPEALS

FOR DUNN TOURIST HOME

Notice is hereby given that the Brown County Board of Zoning Appeals will hold a public hearing on June 29, 2016 at 6:00 p.m. in the second floor meeting room in the County Office Building. The purpose of the meeting is to consider a petition by H. Keith and Molly Dunn for a Special Exception to allow a tourist home.

The location of the property is 366 Lower Owl Creek Road in Washington Township.

Legal description of premises:

A part of the Northwest quarter of the Southwest quarter of Section 23. Township 9 North, Range 2 East, described as follows

Beginning at a point in the center of the Public Highway 18 rods 12 links South 691/2 degrees East and 26 rods 17 links south of the Northwest comer of said Section, Township and Range; running thence South 69 1/2 degrees East 66 rods to the East line of said tract; thence South to the Southeast comer of said quarter quarter. section; thence West 80 rods more or less to the center of the Public Highway; thence following the meanderings of said Public Highway in a Northeasterly direction 51 rods to the place of beginning containing 18 1/2 acres more or less.

EXCEPT THEREFROM A part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East described as follows:

Beginning at the Southeast corner of said quarter quarter; thence North 88 degrees 02 minutes West 1308.6 feet; thence North 01 degree 12 minutes East 89.2 feet; thence Northeasterly with the Public Road 215.9 feet; thence South 79 degrees 28 minutes East 1230.9 feet; thence South 01 degree 37 minutes West 100 feet to the beginning, containing in said EXCEPTION 5.73 acres more or less. Conveying after said Exception 12.77 acres more or less.

Subject to any utility easements and rights of way of record effecting said real estate.

Parcel I

A part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East, bounded and described as follows: Beginning at a point that is 544.26 feet South of the Northwest corner of said quarter quarter; thence running South for a distance of 672.10 feet and to the centerline of a public roadway; thence in a Northeasterly direction on and along the centerline of said roadway for a distance of 736.0 feet more or lose; thence leaving said roadway and running West for a distance of 304.92 feet and to the place of beginning, containing 2.55 acres, more or less.

Parcel II

A part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East, described as follows: Beginning at a point in the center of the Public Highway 18 rode 12 links South 69 1/2 degrees East and 26 rods 17 links South of the Northwest corner of said Section, Township and Range; running thence South 69 1/2 degrees East 66 rods to the East line of said tract; thence South to the Southeast corner of said quarter quarter section; thence West 80 rods more or less to the center of the Public Highway; thence following the meanderings of said Public highway in a  Northeasterly direction 51 rode to the place of beginning, containing 18 1/2 acres, more or less.

EXCEPT THEREFROM:

A part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East described as follows: Beginning at the Southeast corner of said quarter quarter;  thence North 68 degrees 02 minutes West 1308.6 feet;  thence North 01 degree 12 minutes East 89.2 feet;  thence Northeasterly with the Public Road 215.9 feet;  thence South 79 degrees 28 minutes East 1230.9 feet; thence South 01 degree 37 minutes West 100 feet to the beginning, containing in said EXCEPTION 5.73 acres, more or less.

Leaving after said EXCEPTION 12.77 acres, more or less.

The Grantors, owners of both above described parcels of land, wish to grant to Parcel II a permanent right, for septic installation and maintenance over the following described segment of Parcel II, described as follows:

An easement, for a septic field located in Part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East, Washington Township, Brown County, Indiana, described as follows:

Beginning North 22 degrees 49 minutes East 585.7 feet from the Southwest corner of said Northwest quarter Southwest quarter, said point of beginning being in the center of the County Road;  thence Northeasterly with the center of said road 86.4 feet;  thence South 64 degrees 16 minutes 87.9 feet;  thence South 29 degrees 00 minutes West 85.9 feet;  thence North 62 degrees 29 minutes West 62.0 feet to the beginning, containing in said easement 0.15 acre, more or less. which shall attach and become part of the land and rights of Parcel I.

William A. Floyd and Shirley J. Floyd, owners of Both Parcel I and Parcel II wish to get a mortgage upon Parcel I and as part of the consideration for this mortgage, it is required that septic rights be fully contained within the control of the mortgaged premises. (Parcel I).

IT IS THEREFORE AGREED:

  1. For consideration as above shown William A. Floyd and Shirley J. Floyd assign and grant and devise septic right and maintenance rights upon the following described land:

An easement for a septic field located in Part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East, Washington Township, Brown County, Indiana described as follows:

Beginning North 22 degrees 49 minutes East 585.7 feet from the Southwest corner of said Northwest quarter Southwest quarter, said point of beginning being in the center of the County Road; thence Northeasterly with the center of said road 86.4 feet; thence South 64 degrees 16 minutes 87.9 feet; thence South 29 degrees 00 minutes West 85.9 feet; thence North 62 degrees 29 minutes West 62.0 feet to the beginning, containing in said easement 0.15 acre, more or less.

  1. It is further agreed that the legal description of the proposed mortgage premises and for all other purposes shall be;

Parcel I

A part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East, bounded and described as follows:

Beginning at a point that is 544.26 feet South of the Northwest corner of said quarter quarter; thence running South for a distance of 672.10 feet and to the centerline of a public roadway; thence in a Northeasterly direction on and along the centerline of said roadway for a distance of 738.0 feet more or less; thence leaving said roadway and running West for a distance of 304.92 feet and to the place of beginning.

ALSO, an easement for a septic field located in Part of the Northwest quarter of the Southwest quarter of Section 23, Township 9 North, Range 2 East, Washington Township, Brown County, Indiana described as follows:

Beginning North 22 degrees 49 minutes East 585.7 feet from the Southwest corner of said Northwest quarter Southwest quarter, said point of beginning being in the center of the County Road; thence Northeasterly with the center of said road 66.4 feet; thence South 64 degrees 16 minutes 87.9 feet;  thence South 29 degrees 00 minutes West 85.9 feet;  thence North 62 degrees 29 minutes West 62.0 feet to the beginning.

The file on this matter is available for public inspection 10 days prior to the hearing, during the regular working hours at the Brown County Area Plan Commission office in the County Office Building, Nashville, Indiana.

All interested persons will be given the opportunity to be heard in reference to the matters set out in the petition. Written comments regarding the petition, which are filed with the secretary of the Area Plan Commission before the hearing, will be considered. The hearing may be continued from time to time. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission office at (812) 988-5490.

Petitioner Signature: Matthew T. Barr for H. Keith and Molly Dunn Date 6-6-16

Printed name: H. Keith and Molly Dunn   by Matthew T. Barr

31894910 6/15, 2016 hspaxlp 16-129