NOTICE OF PUBLIC HEARING Notice is hereby given that on the 18th day of July 2016 at 7:00 p.m. a public hearing will be held before the Lebanon Plan Commission in the Municipal Building, Council Chambers 401 S. Meridian Street in the City of Lebanon, IN. on the application for Docket #16-10; for a Development Plan Application submitted by Murphy Express. For an Improvement Location Permit Application as specified in the Zoning Code of Lebanon: Ordinance # 74-12, as amended. The applicant is seeking Development Plan approval to operate an Automobile Filing Station and convenience store to be located at 2472 N. Lebanon Street encompassing 1.04 acres in the Planned Business Commercial "PBC" and Thoroughfare Overlay District: Legal Description: Record Description - Instrument #9909793 TRACT I: A part of the Southeast Quarter of Section 24, Township 19 North, Range 1West, situated in the City of Lebanon, Center Township, Boone County, Indiana, more fully described by: Commencing at a Railroad Rail Monument at the Northwest comer of the Southeast Quarter of said Section 24; thence South 00 degrees 09 minutes 01 seconds West, along the Quarter Section line, a distance of 977.00 feet; thence South 89 degrees 35 minutes 05 seconds East, along the North described line of the Regency Village North, LTD Property, as recorded in Deed Record 231, page 10, a distance of 593.50 feet to the Point of Beginning; thence continuing South 89 degrees 35 minutes 05 seconds East, along said North described line of the Regency Village North, LTD Property, a distance of 374.90 feet to a point located on the West line of the Property acquired by the State of Indiana, being described in Deed Record 240, Pages 485-487; thence South 13 degrees 57 minutes 24 seconds East, along said West line of the State of Indiana Property, a distance of 157.68 feet; thence South 10 degrees 23 minutes 40 seconds East, along said West line of the State of Indiana Property, a distance of 18.59 feet; thence leaving said West line of the State of Indiana Property, on a curve to the Right, a Radius 30.00 feet, having an arc length of 15.33 feet, the chord of which bears South 75 degrees 48 minutes 50 seconds West, for a distance of 15.16 feet; thence North 89 degrees 33 minutes 03 seconds West, along the North side of an existing curb, a distance of 202.27 feet; thence North 89 degrees 23 minutes 44 seconds West, along the North side of an existing curb, a distance of 170.02 feet; thence along a curve to the right following the Northerly and Easterly side of the existing curb, a Radius of 30.00 feet, having an arc length of 46.89 feet, the chord of which bears North 44 degrees 37 minutes 22 seconds West, a distance of 42.26 feet; thence n0l1h 00 degrees 09 minutes 01 seconds East, along the Easterly side of the existing concrete curb, a distance of 144.28 feet to the Point of Beginning, containing 1.5854 Acres, more or less. TRACT Il: TOGETHER WITH: Access Easement No. 2, over and across the Regency Village North, LTD Property, as recorded in Deed Record 231, Page 10, located in the Southeast Quarter of Section 24, Township 19 North, Range 1 West, Center Township, Boone County, Lebanon, Indiana, more fully described by: Commencing at a Railroad Rail Monument at the Northwest Corner of the Southeast Quarter of said Section 24; thence South 00 degrees 09 minutes 01 seconds West along the Quarter Section line, a distance of 977.00 feet; thence South 89 degrees 35 minutes 05 seconds East, along the North described line of the Regency Village North, LTD Property, as recorded in Deed Record 231, Page 10 a distance of 593.50 feet; thence South 00 degrees 09 minutes 01 seconds West, a distance of 76.57 feet to the Point of Beginning of said Easement; thence South 00 degrees 09 minutes 01 seconds West, along the East side of an existing concrete curb, a distance of 67.71 feet; thence along a curve to the Left. following the Easterly and Northerly side of an existing concrete curb, a radius of 30.00 feet. having an arc length of 46.89 feet, the chord of which bears South 44 degrees 37 minutes 22 seconds East. a distance of 42.26 feet; thence South 89 degrees 23 minutes 44 seconds East. along the north side of the concrete curb, a distance of 170.02 feet; thence South 00 degrees 29 minutes 50 seconds West, a distance of 30.00 feet; thence North 89 degrees 23 minutes 44 seconds West, a distance of 219.60 feet; thence North 00 degrees 09 minutes 01 seconds East, a distance of 147.32 feet; thence along a curve to the Right following the Northeasterly side of an existing concrete curb, a radius of 20.00 feet, having an arc length of 31.42 feet, the chord of which bears South 44 degrees 50 minutes 59 seconds East, a distance of 28.28 feet to the Point of Beginning, containing 9,042.34 square feet (0.2076 of an acre). TOGETHER WITH: An Access Easement, over and across the Regency Village North, LTD Property, as recorded in Deed Record 231, Page 10, said Easement previously assigned to Bob Evans Farms, Inc., as recorded in Deed Record 251, pages 752-778, Boone County Recorder's Office, said Easement recited as follows: A part of the Southeast Quarter of Section 24, Township 19 North, Range 1 West, situated in the City of Lebanon, Center Township, Boone County, Indiana, more fully described by: Commencing at a railroad monument at the Northwest Corner of the aforesaid Southeast Quarter of Section 24; thence South 00 degrees 09 minutes 01 seconds West, along the Quarter Section line, a distance of 977.00 feet; thence South 89 degrees 35 minutes 05 seconds East, along a North described line of the Regency Village North, LTD Property, as recorded Deed Record 231, Page 10, a distance of 985.80 feet; thence South 10 degrees 28 minutes 35 seconds East, along the West Right of Way line of State Road No. 39, prior the 1992 Re-construction, a distance of 406.54 feet to the Southeast corner of the original described Out-Parcel No.1 (1.1591 acre tract); thence South 79 degrees 31 minutes 25 seconds West, along a portion of the South described line of the State of Indiana Property, as acquired and recorded in Deed Record 240, Page 485-487, a distance of 7.87 feet; thence continuing South 79 degrees 31 minutes 25 seconds West, along the North described line of Wal-Mart Properties, Inc., as recorded in Deed Record 231, pages 536-538, a distance of 228.62 feet to the Point of Beginning of the Access Easement; thence continuing South 79 degrees 31 minutes 25 seconds West, a distance of 14.05 feet; thence North 15 degrees 21 minutes 08 seconds West, along an Easterly described line of Wal-Mart Stores, Inc. Property, as recorded in Deed Record 249, pages 79-82, a distance of 35.77 feet; thence North 89 degrees 30 minutes 10 seconds West, along a Northerly described line of said WalMart Stores, Inc. Property, a distance of 13.12 feet; thence North 00 degrees 29 minutes 50 seconds East, basically along the Westerly side of an existing concrete curb and said westerly side extended, a distance of 237.42 feet; thence South 89 degrees 33 minutes 03 seconds East, a distance of 202.27 feet; thence along a curve to the Left, tangent to the preceding course, a radius of 30 feet, with a chord bearing of North 75 degrees 48 minutes 50 seconds East, a distance of 15.16 feet, having an arc length of 15.33 feet; thence South 10 degrees 23 minutes 40 seconds East, along the present Right of Way of State Road 39, a distance of 45.63 feet; thence along a curve to the Left, non-tangent to the preceding course, a radius of 45 feet; with a chord bearing of North 86 degrees 19 minutes 53 seconds West, a distance of 4.98 feet; having an arc length of 4.98 feet; thence North 89 degrees 30 minutes 10 seconds West, a distance of 87.33 feet; thence North 83 degrees 58 minutes 58 seconds West, a distance of75.52 feet; thence along a curve to the Left tangent to the preceding course, a radius of 28.25 feet; with a chord bearing of South 48 degrees 15 minutes 26 seconds West, a distance of 41.82 feet, having an arc length of 47.09 feet; thence South 00 degrees 29 minutes 50 seconds West. a distance of 174.10 feet; thence South 15 degrees 21 minutes 08 seconds East. a distance of 35.01 feet to the Point of Beginning, containing 14.509.33 Square Feet (0.3331 of an Acre). ALSO TOGETHER WITH: A Storm Sewer Easement, over and across the Regency Village North, LTD Property, as recorded in Deed Record 231, Page 10, located in the Southeast Quarter of Section 24, Township 19 North, Range 1 West, Center Township, Boone County, Lebanon, Indiana, more fully described by: Commencing at a Railroad Rail Monument at the Northwest Corner of the Southeast Quarter of said Section 24; thence South 00 degrees 09 minutes 01 seconds West, along the Quarter Section line, a distance of 977.00 feet; thence South 89 degrees 35 minutes 05 seconds East, along the North described line of the Regency Village North, LTD Property, as recorded in Deed Record 231, Page 10, a distance of 593.50 feet; thence South 00 degrees 09 minutes 0I seconds West, a distance of 76.57 feet to a point located at the Easterly side of an existing concrete curb; thence South 00 degrees 09 minutes 01 seconds West, along the East side of an existing curb, a distance of 67.71 feet; thence along a curve to the Left following the Easterly and Northerly side of an existing concrete curb, a radius of 30.00 feet; having an arc length of 46.89 feet, the chord of which bears South 44 degrees 37 minutes 22 seconds East, a distance of 42.26 feet; thence south 89 degrees 23 minutes 44 seconds East, along the North side of the concrete curb, a distance of 96.14 feet to the Point of Beginning of said Easement; thence continuing South 89 degrees 23 minutes 44 seconds East, along the North side of the existing concrete curb, a distance of 20.00 feet; thence South 00 degrees 36 minutes 16 seconds West, a distance of 139.17 feet; thence North 89 degrees 23 minutes 44 seconds West, a distance of 20.00 feet; thence North 00 degrees 36 minutes 16 seconds East, a distance of 139.17 feet to the Point of Beginning, containing 2783.40 square feet (0.0639 of an acre). EXCEPTION TRACT Instrument #106333 Part of the Southeast Quarter of Section 24, Township 19 North, Range 1 West, Center Township, Boone County, Indiana, more fully described by: Commencing at a Railroad Rail Monument at the Northwest Corner of the Southeast Quarter of said Section 24; thence along the Quarter Section Line, South 00 degrees 09 minutes 01seconds West 977.00 feet; thence along the South described line of The Carter Lumber Partnership of Indiana Property recorded in Deed Record 249, Page 86, Boone County Recorder's Office, South 89 degrees 35 Minutes 05 seconds East 593.50 feet to the Point of Beginning; thence continue along the South described line of The Carter Lumber Partnership of Indiana Property, South 89 degrees 35 minutes 05 seconds East 137.00 feet; thence South 00 degrees 09 minutes 01 seconds West 144.74 feet to a curve having a radius of 30.00 feet the radius point of which bears, South 89 degrees 50 minutes 59 seconds East; thence Southerly, Southeasterly and Easterly along said curve 46.89 feet to a point which bears South 00 degrees 36 minutes 16 seconds West from said radius point; thence along the North side of an existing curb and along part of the South described line of the Lewinco, Inc. Property recorded as Instrument #9909793, North 89 degrees 23 minutes 44 seconds West 137.00 feet to a curve having a radius of 30.00 feet the radius point of which bears North 00 degrees 36 minutes 16 seconds East; thence Westerly; Northwesterly and Northerly along said curve 46.89 feet to a point which bears North 89 degrees 50 minutes 59 seconds West from said radius point; thence along the North side of an existing curb, North 00 degrees 09 minutes 01 seconds East 144.28 feet to the Point of Beginning, containing 0.5481 acres, more or less. The Lebanon Plan Commission has set said hearing at the time and place specified. Written suggestions or objections concerning this application may be filed with the Commission or in the office of the City of Lebanon Building Inspector's Office, at or before such hearing and will be heard by the Commission at the time and place specified. Interested persons desiring to present their views upon the application either in writing or verbally, will be given the opportunity to be heard at the above mentioned time and place. Said hearing may be continued from time to time as may be necessary. Bob Waples, Chairman City of Lebanon Plan Commission 401 S. Meridian Street 2nd floor Planning & Zoning Department Lebanon, Indiana TLR-351 07/08 #1212634 hspaxlp
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