Legal notices for week of Dec. 3

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LEGAL NOTICE OF PUBLIC HEARING

FOR SPECIAL EXCEPTION AREA BOARD OF ZONING APPEALS

Notice is hereby given that the Brown County Board of Zoning

Appeals will hold a public hearing on December 18, 2019 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 Weslie Kyle Deckard to allow a Special Exception for a Tourist Home.

The property is located at 1450 Kelley Hill Lane in Washington Township.

Legal description of premises: (See attached)

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 located at 201 Locust Lane 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.

Property Owner: Weslie Kyle Deckard

Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 9 North, Range 2 East of the Second Principal Meridian, Washington Township, Brown County, Indiana, described as follows: Beginning at a 5/8 inch rebar found marking the southeast corner of the Northwest Quarter of the Northwest Quarter of said Section 35, also the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 35; thence South 89 degrees 55 minutes 00 seconds West (bearing from deed) on and along the South line of said Northwest Quarter, Northwest Quarter 521.50 feet to a 5/8 inch rebar found; thence North 07 degrees 13 minutes 36 seconds East 215.97 feet to a 5/8 inch capped rebar (stamped Bennett RLS S0438) set; thence North 80 degrees 04 minutes 54 seconds East 717.07 feet to a 5/8 inch capped rebar (stamped Bennett RLS S0438) set; thence North 08 degrees 36 minutes 23 seconds East 120.94 feet to a 5/8 inch capped rebar (stamped Bennett RLS S0438) set, thence North 73 degrees 02 minutes 23 seconds East 52.36 feet to a 5/8 inch rebar (stamped Bennett RLS S0438) set on the West right-of-way of State Road No. 46; thence the following Three (3) courses are with said West right-of-way: South 12 degrees 19 minutes 30 seconds East 111.03 feet to a concrete right-of-way monument found, South 24 degrees 32 minutes 26 seconds East 177.58 feet to a concrete right-of-way monument found and South 08 degrees 02 minutes 47 seconds East 203.27 feet to a 5/8 inch rebar found on the South line of said Northeast Quarter Northwest Quarter; thence South 89 degrees 55 minutes 00 seconds West on and along said South line 406.11 feet to the beginning, containing 6.002 acres, more or less.

60042039, 12/04, 2019 hspaxlp,19-198

 

SUMMONS – SERVICE BY PUBLICATION

STATE OF INDIANA

COUNTY OF BROWN

IN THE BROWN COUNTY CIRCUIT COURT

CAUSE NO.:  07C01-1910-MF-000453

LAKEVIEW LOAN SERVICING, LLC

Plaintiff,

vs.

ESTATE OF DAVID A. PERCIFIELD, BRYON D. PERCIFIELD, AS CO-PERSONAL REPRESENTATIVE OF THE

ESTATE OF DAVID A. PERCIFIELD, KELLY D. PERCIFIELD, AS CO-PERSONAL REPRESENTATIVE OF THE

ESTATE OF DAVID A. PERCIFIELD, BRYON D. PERCIFIELD, AS HEIR OF THE ESTATE OF DAVID A. PERCIFIELD, KELLY D. PERCIFIELD, AS HEIR OF THE ESTATE OF DAVID A. PERCIFIELD, THE HEIRS,

DEVISEES, LEGATEES AND CREDITORS, WHETHER KNOWN OR UNKNOWN, OF THE ESTATE OF DAVID A. PERCIFIELD

Defendant(s).

NOTICE OF SUIT

The State of Indiana to the Defendants above-named, and any other person who may be concerned:

You are notified that you have been sued in the Court above named. The nature of the suit against you is: Foreclosure of mortgage and termination of your interest, if any, in the real property located at: 520 Deer Lane, Nashville, IN 47448 and to the following Defendants whose whereabouts are unknown:

Estate of David A. Percifield, Bryon D. Percifield, as Co-Personal Representative of the Estate of David A. Percifield, Kelly D. Percifield, as Co-Personal Representative of the Estate of David A. Percifield, Bryon D. Percifield, as Heir of the Estate of David A. Percifield, Kelly D. Percifield, as Heir of the Estate of David A. Percifield, The Heirs, Devisees, Legatees and Creditors, whether known or unknown, of the Estate of David A. Percifield, and all other persons claiming any right, title, or interest in the within described real estate by, through or under them or any other person or entity, the names of all whom are unknown to the Plaintiff

In addition to the above named Defendants being served by this summons there may be other Defendants who have an interest in this lawsuit.

If you have a claim for relief against the Plaintiff arising from the same transaction or occurrence, you must assert it in your written answer.

You must answer the Complaint in writing, by you or your attorney, within thirty (30) days commencing the day after final publication of this notice, and if you fail to do so a judgment will be entered against you for what the Plaintiff has demanded.

Respectfully submitted,

David M. Bengs, #16646-20

Email: [email protected]

Jennifer L. Snook, #30140-45

Email:  [email protected]

Attorney for Plaintiff

MARINOSCI LAW GROUP, P.C.

455 West Lincolnway, Ste. B

Valparaiso, IN  46385

Telephone:  (219) 386-4700

NOTICE: MARINOSCI LAW GROUP, P.C., IS A DEBT

COLLECTOR.  THIS IS AN

ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION

OBTAINED WILL BE USED FOR THAT PURPOSE.

ATTEST:

Clerk, Brown County Circuit Court

Note to Publisher: To be published once each week for three (3) consecutive weeks and a copy of said notice with proof of publication shall be sent to attorney of record.

Note: The Brown County Democrat

60042205, 12/04, 11, 18, 2019 hspaxlp, 19-203

 

NOTICE OF PUBLIC HEARING OF THE BROWN COUNTY AREA COUNTY PLAN COMMISSION

Please take notice that the Brown County Area Plan Commission has scheduled a Public Hearing on Tuesday, December 17, 2019 at 6:00 PM in the Meeting Room, Brown County Government

Building, 201 Locust Lane,

Nashville, Indiana 47448.

The purpose of the hearing shall be to accept public comment on proposed amendments to the Brown County Zoning Ordinance. The proposed amendments would amend certain provisions of Zoning Ordinance Subsection 5.2 to revise the definition of Home Occupation. Use Limitations, Districts Where Allowed, and other provisions with the intent to eliminate duplicate portions and clarify procedure.

Copies of the proposed amendments are available for inspection in the Brown County Area Planning Office, Brown County Government Building, 201 Locust Lane. Nashville, Indiana 47448. Written comments to the proposed amendments, which are filed with the Secretary of the Area Plan Commission before the hearing, will be considered. Oral comments concerning the proposed amendments will be heard.

The hearing may be continued from time to time. The hearing is open to the public.

Christine Ritzmann. Director. Brown Countv Area Plan Commission

Date: 11/26/19

60042100, 12/04, 2019 hspaxlp 19-199

 

LEGAL NOTICE OF PUBLIC HEARING

FOR SPECIAL EXCEPTION AREA BOARD OF ZONING APPEALS

Notice is hereby given that the Brown County Board of Zoning

Appeals will hold a public hearing on December 18, 2019 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 Charles and Gail Gill to allow a Special Exception for a Tourist Home.

The property is located at 3978 State Road 135 South in Van Buren Township.

Legal description of premises: (See attached)

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 located at 201 Locust Lane 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.

Property Owner: Charles & Gail Gill

Date: Nov. 25, 2019

Part of the South half of the Southwest quarter of Section 11, Township 8 North, Range 3 East, Van Buren Township, Brown County, Indiana, described as follows;

Beginning at a capped rebar set in the South line of the South half of the Southwest quarter of said Section 11, North 87 degrees 24 minutes East (assumed bearing) 1222.3 feet from a capped rebar found marking the Southwest corner of said South half of the Southwest quarter; thence North 00 degrees 00 minutes East 400.1 feet to a capped rebar set; thence North 86 degrees 45 minutes East 767.8 feet to an iron pin found in the center of State Road No. 135; thence Southeasterly with the center of said State Road 475.1 feet to an iron pin found in the South line of said South half of the Southwest quarter; thence South 87 degrees 24 minutes West with said South line 10264 feet to the beginning. Containing 8.42 acres, more or less.

60042293, 12/04, 2019, hspaxlp

 

LEGAL NOTICE OF PUBLIC HEARING

FOR SPECIAL EXCEPTION AREA BOARD OF ZONING APPEALS

Notice is hereby given that the Brown County Board of Zoning

Appeals will hold a public hearing on December 18, 2019 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 EJZ Group LLC to allow a Special Exception for a Tourist Home. The property is located at 5386 Lanam Ridge Road in Jackson Township.

Legal description of premises: (See attached)

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 located at 201 Locust Lane 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.

Property Owner: EJZ Group LLC

Date: Nov. 26, 2019

Beginning at a point located 100.0 feet East of the Northwest Corner of said Quarter Quarter, and running thence East 342.4 feet to the center of the Boy Scout Camp road; thence Southerly along the center of said road 683.2 feet to a point; thence West 368.0 feet to a point; thence North 62.6 feet to a point in the center of a County Road; thence Easterly along the center of said road 101.0 feet to a point; thence North 631.0 feet to the place of beginning, EXCEPT THEREFROM 0.55 of an acre, more or less, conveyed to Eugene C. Carrington et ux by Warranty Deed dated May 22, 1974, and recorded May 30, 1974 in Deed Record No. 101 on page 512, in the Office of the Recorder of Brown County, Indiana, and described as follows:

A part of the North Half of the Southwest Quarter of the Northeast Quarter of Section 7, Township 9 North, Range 2 East, more particularly described as follows:

Beginning at an iron pin located North 0 degrees 17 minutes East 680.3 feet from the Southwest Corner of said Quarter Quarter and running thence North 0 degrees 17 minutes East 62.6 feet to the center of a County Road; thence Easterly, along the center of said road 526.3 feet to a point on the South line of said Half Quarter Quarter; thence South 89 degrees 41 minutes West 522.2 feet to the place of beginning.

Containing 5.18 acres, more or less.

60042141, 12/04, 2019, hspaxlp, 19-202

 

LEGAL NOTICE

DUKE ENERGY INDIANA, LLC

Public notice is hereby given to affected property owners pursuant to 170 IAC 4-9-4(f) that within two (2) to six (6) weeks of the date of this notice, weather permitting, Duke Energy Indiana, LLC will be performing vegetation management as part of its power line maintenance program in the area described below. As part of this project, one of its contractors that employ qualified utility line clearance tree workers will be trimming and/or removing trees and brush to clear the lines of vegetation in order to provide safe and reliable electric service.

Vegetation management will be performed in/near Bean Blossom on or near streets identified below:

Beginning at substation on Gatesville Rd. To include areas around & near, S of Co Rd 560 S, N of Jackson Branch Ridge Rd, E of Trevlac Bluffs Nature Preserve, W of Bittersweet Rd.

The date this notice is published initiates the two (2) week period for calculating implied consent by an affected property owner under 170 IAC 4-9. If you have any questions you may contact the Duke Energy Vegetation Management toll free number, 866-385-3675.

Duke Energy Indiana, LLC

Vegetation Management Department

60042123, 12/04, 2019, hspaxlp, 19-200

 

LEGAL NOTICE OF PUBLIC HEARING

FOR SPECIAL EXCEPTION AREA BOARD OF ZONING APPEALS

Notice is hereby given that the Brown County Board of Zoning Appeals will hold a public hearing on December 18, 2019 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 the Brown County Regional Sewer District for a Special Exception to allow a public sewage disposal plant.

The property is located at 4687 State Road 135 North in Jackson Township.

Legal description of premises: (see attached).

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: Brown County Regional Sewer District

Date: Nov. 25, 2019

BROWN COUNTY REGINAL SEWER DISTRICT

DESCRIPTION PART OF THE FRACTIONAL NORTHWEST QUARTER AND PART OF THE FRACTIONAL NORTHEAST QUARTER, SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, JACKSON TOWNSHIP, BROWN COUNTY, INDIANA DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE FRACTIONAL NORTHWEST QUARTER OF SAID SECTION 31; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ON AND ALONG THE EAST LINE OF SAID FRACTIONAL NORTHWEST QUARTER 462.00 FEET; THENCE SOUTH 87 DEGREES 34 MINUTES 03 SECONDS WEST 600.00 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 30 DEGREES 00 MINUTES 00 SECONDS EAST 470.00 FEET; THENCE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS WEST 325.00 FEET; THENCE NORTH 25 DEGREES 33 MINUTES 00 SECONDS WEST 470.00 FEET; THENCE NORTH 62 DEGREES 04 MINUTES 50 SECONDS WEST 233.21 FEET TO THE EASTERLY SCENIC RIGHT OF WAY STATE ROAD NUMBER 135; THENCE NORTH 23 DEGREES 30 MINUTES 00 SECONDS WEST WITH SAID SCENIC RIGHT OF WAY 150.00 FEET; THENCE LEAVING SAID SCENIC RIGHT OF WAY SOUTH 84 DEGREES 16 MINUTES 50 SECONDS EAST 350.85 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 50 SECONDS EAST 136.79 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 82.50 FEET; THENCE NORTH 87 DEGREES 34 MINUTES 03 SECONDS EAST 65.79 FEET TO THE PLACE OF BEGINNING, CONTAINING 5.00 ACRES MORE OR LESS..

SUBJECT TO ALL LEGAL RIGHTS OF WAY, EASEMENTS AND RESTRICTIONS EXISTING OR OF RECORD AFFECTING SAID REAL ESTATE.

60042138, 12/04, 2019, hspaxlp, 19-201

 

PETITIONERS LEGAL NOTICE OF PUBLIC HEARING FOR:

AMENDMENT TO OAK KNOLL PUD

BROWN COUNTY AREA PLAN COMMISSION

Notice is hereby given that the Brown County Area Plan Commission will hold a public hearing on December 17, 2019 at 6:00 p.m. in the second-floor meeting room in the County Office Building. The purpose of the meeting is to consider an amendment to the Oak Knoll Planned Unit Development by James Kowaliuk to allow the placement of three additional greenhouses.

The location of the property is 2744 State Road 46 West in Washington Township.

Legal description of premises: (see attached).

The file on this matter is available for public inspection at least 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.

Petitioner: James Kowaliuk

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 at (812 988-5490

PART OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 3 TOWNSHIP 8 NORTH RANGE EAST, WASHINGTON TOWNSHIP, BROWN COUNTY, INDIANA DESCRIBED AS FOLLOWS:

BEGINNING AT A STONE FOUND MARKING THE NORTHWEST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID-SECITON; THENCE SOUTH 89 DEGREES 53 MINUTES 30 SECONDS EAST (BEARINGS ASSUME THE WEST LINE OF SAID FRACTIONAL SOUTHWEST QUARTER, NORTHWEST QUARTER: NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST) ON AND ALONG THE NORTH LINE OF SAID FRACTIONAL SOUTHWEST QUARTER, NORTHWEST QUARTER 1090.86 FEET TO A 5/8 INCH CAPPED REBAR FOUND MARKING THE MOST WESTERLY CORNER OF A TRACT DESCRIBED TO ALLEN IN DEED RECORD NUMBER 170, PAGES 220-221 IN THE OFFlCE OF THE RECORDER OF BROWN COUNTY, INDIANA THENCE SOUTH 06 DEGREES 53 MINUTES 57 SECONDS EAST WITH THE WESTLINE OF ALLEN 1055.31 FEET TO A 5/8 INCH CAPPED REBAR FOUND ON THE NORTH RIGHT-OF-WAY OF STATE ROAD NUMBER 46; THENCE THE FOLLOWING FOUR (4) COURSES ARE WTTH SAID NORTH RIGHT-OF-WAY: SOUTH 61 DEGREES 43 MlNUTES 32 SECONDS WEST 399.37 FEET TO A SPIKE NAIL FOUND, SOUTH 54 DEGREES 50 MINUTES 26 SECONDS WEST 195.80 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT FOUND, SOUTH 46 DECREES 01 MINUTES 00 SECONDS WEST 78.57 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT FOUND AND SOUTH 53 DEGREES 33 MINUTES 48 SECONDS WEST 35.58 FEET TO A 5/8 INCH CAPPED REBAR FOUND MARKING THE SOUTHEAST CORNER OF A TRACT DESCRIBED TO GHERE IN DEED RECORD NUMBER 166, PAGES 180-181 IN THE OFFICE OF THE RECORDER OF BROWN COUNTY,  INDIANA; THENCE THE FOLLOWING TWO (2) COURSES ARE WITH THE EAST LINE OF GHERE: NORTH 02 DEGREES 26 MINUTES 18 SECONDS WEST 485.64 FEET TO 5/8 INCH CAPPED REBAR FOUND AND NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 213.00 FEET TO A 5/8 CAPPED REBAR FOUND MARKING THE NORTHEAST CORNER OF GHERE: THENCE NORTH 90 DEGREES 00 MINUTE$ SCONDS WEST 590.48 FEET TO A 5/8 INCH CAPPED REBAR FOUND ON THE WEST LINE OF SAID FRACTIONAL SOUTHWEST QUARTER, NORTHWEST QUARTER MARKING THE NORTHWEST CORNER OF GHERE, THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ON AND ALONG SAID WEST LINE 579.16 FEET TO THE BEGINNING, CONTAINING 23.705 ACRES MORE OR LESS.

60042015, 12/04, 2019, hspaxlp, 19-197

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