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Special Exception for Wireless Communication Facility

Special Exception for Wireless Communication Facility
APPLICANT'S LEGAL NOTICE OF PUBLIC HEARING
SPECIAL EXCEPTION
AREA BOARD OF ZONING APPEALS
Notice is hereby given that Verizon Wireless has filed with the Area Board of Zoning Appeals of the County of Brown, Indiana, an application for a Special Exception for a Wireless Communication Facility as provided for in the Brown County Zoning Ordinance, to wit: Legal description of premises: Sixty (60) acres by parallel lines off the entire West side of the Southwest quarter of Section 27, Township 10 North, Range 2 East. Less and except the following: Part of the Southwest quarter of Section 27, Township 10 North, Range 2 East, Jackson Township, Brown County, Indiana, containing 6.272 acres, more or less, more particularly described as follows: Beginning at a railroad spike found in State Road Number 45 marking the Southwest corner of the Southwest quarter of said Section 27, also the Southwest corner of a tract described to Owens in Instrument No. 2002-6441, in the Office of the Recorder of Brown County, Indiana; thence North 00 degrees 00 minutes 00 seconds East (basis of bearing) on and along the West line of said Southwest quarter with the West line of Owens 659.18 feet to a capped set; thence the following 7 courses are through the lands of Owens; South 89 degrees 59 minutes 57 seconds East 344.88 feet to a capped rebar set, South 19 degrees 39 minutes 35 seconds East 78.29 feet to a capped rebar set, South 54 degrees 57 minutes 31 seconds East 122.55 feet to a capped rebar set; South 12 degrees 08 minutes 02 seconds East 65.50 feet to a capped rebar set, South 16 degrees 39 minutes 56 seconds West 153.19 feet to a caped rebar set, South 40 degrees 08 minutes 18 seconds West 91.98 feet to a capped rebar set, and South 02 degrees 50 minutes 53 seconds West 242.39 feet to a mag nail set in State Road Number 45 on the South line of said Southwest quarter and the South line of Owens; thence North 88 degrees 44 minutes 30 seconds West on and along said South line with said State Road and the South line of Owens 370.15 feet to the Beginning. Subject to a 10 foot wide easement for electric line located in part of the Southwest quarter of Section 27, Township 10 North, Range 2 East, Jackson Township, Brown County, Indiana, the centerline of which is described as follows: Commencing at railroad spike found in State Road Number 45 marking the Southwest corner of the Southwest quarter of said Section 27, also the Southwest corner of a tract in Owens in Instrument Number in the Office of the Recorder of Brown County, Indiana; thence North 00 degrees 00 minutes 00 seconds East (basis of bearing) on and along the West line of said Southwest quarter with the West line of Owens 659.18 feet to a capped rebar set; thence the following 3 courses are through the land of Owens; South 89 degrees 59 minutes 57 seconds East 344.88 feet to a capped rebar set, South 19 degrees 39 minutes 35 seconds 78.29 feet to a capped rebar set and South 54 degrees 51 minutes 31 seconds East 64.74 feet to the Point of Beginning for the easement herein described; thence South 27 degrees 34 minutes 57 seconds West through the lands of Owens 76.25 feet to an existing electric transformer and the terminus of said 10 foot wide easement. The sidelines of said 10 foot wide easement are to be extended or shortened to meet an angle points. ALSO EXCEPTING THE FOLLOWING: Part of the Southwest quarter of Section 27, Township 10 North, Range 2 East of the Second Meridian, Jackson Township, Brown County, Indiana, described as follows: Commencing at the Southwest corner of the Southwest quarter of said Section 27 in State Road No. 45; thence South 88 degrees 44 minutes 30 seconds Eat (bearing from deed) on and along the South line of said Southwest quarter with said State Road 675.16 feet to the Southwest corner of a tract described to Owens in Instrument No. 2003-2851, in the Office of the Recorder of Brown County, Indiana and the Beginning; thence North 02 degrees 40 minutes 26 seconds West with the West line of Owens 448.85 feet; thence the following 7 courses are through the lands of Owens; North 06 degrees 09 minutes 15 seconds West 40.73 feet, South 74 degrees 59 minutes 58 seconds East 252.56 feet, North 27 degrees 47 minutes 58 seconds East 71.53 feet, North 26 degrees 49 minutes 08 seconds West 74.96 feet, North 83 degrees 01 minute 41 seconds West 146.15 feet, North 40 degrees 35 minutes 02 seconds West 134.22 feet and North 51 degrees 15 minutes 13 seconds East 402.77 feet to the East line of Owens; thence South 00 degrees 00 minutes 00 seconds West with the East line of Owens 932.00 feet to the Southeast corner of Owens in State Road No. 45 on the South line of said Southwest quarter; thence North 88 degrees 44 minutes 30 seconds West on and along said South line with said State Road and the South line of Owens 300.00 feet to the Beginning. Containing 5.011 acres, more or less. Applicant is requesting a Special Exception for a Wireless Communication Facility. The property is located at 2910 State Road 45 West in Jackson Township. The file on this matter is available for public inspection during the regular working hours at the Brown County Area Plan Commission office in the County Office Building, Nashville, Indiana, until two days prior to the hearing date. A public hearing will be held by the Board on June 23, 2010 during a meeting commencing at 6:00 p.m. All interested persons will be given the opportunity to be heard in reference to the matters set out in the petition. This notice is being published to notify persons affected by this petition by order of the Area Board of Zoning Appeals. Written comment 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. The meeting will be held in the second floor meeting room of the County Office Building, Nashville, Indiana. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission at (812) 988-5490.
Petitioner: Verizon Wireless by Clark, Quinn, Moses, Scott & Grahn, LLP
Date: June 1, 2010
Property Owner(s): Wentzel W. Owens, Jr.
June 9, 2010 10-161

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