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C-264 Home PlaceSponsor: Councilor Rattermann ORDINANCE NO. C-264 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ANNEXING CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, the City has engaged professionals to study the fiscal and governmental impacts of an annexation of the area in Clay Township commonly known as Home Place; and WHEREAS, the result of the investigation is that such an annexation would be beneficial to the landowners in the area in question and to the City; and WHEREAS, this Ordinance has been adopted following due notice and a public hearing; and WHEREAS, a legal description of the territory sought to be annexed is attached hereto as Exhibit A, which also includes a map thereof (the "Annexation Territory"); and WHEREAS, the Annexation Territory consists of approximately 1,017 acres; and WHEREAS, the Annexation Territory is at least 1/4 contiguous to the existing corporate boundaries of the City; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of services to the annexed areas; and WHEREAS, Resolution #07-02-04-01 of the Common Council of the City of Cam~el, Indiana adopts a written fiscal plan, and definite policy for the provision of services of both a non-capital and capital nature to the Annexation Territory; and WHEREAS, the Annexation Territory includes at least three persons per acre and is greater than 60% subdivided; and WHEREAS, Ind. Code § 36-4-3-8(c) requires that this Ordinance include terms and conditions impounding in a special fund for three years all municipal property taxes imposed on the Annexation Territory that are not used to meet the basic services set forth in the fiscal plan and that such funds be expended within five years of the effective date of the annexation to provide additional services not set forth in the fiscal plan; and WHEREAS, while it is anticipated that there will be no municipal property taxes that are not used to meet the basic services in the fiscal plan, this Ordinance nonetheless will create the special fund. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: The above recitals are incorporated herein by reference as though fully set forth herein below. In accordance with I.C. 36-4-3-4, the Annexation Ten/tory is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. The effective date of this annexation shall be the latter of January 1, 2005, or ninety (90) days following its adoption and execution and publication as required by law. 4. The Annexation Area is assigned to Carmel Common Council District No. 5. All municipal property taxes imposed on the Annexation Ten/tory during the first three years alter the effective date of the annexation which are not used to meet the basic services set forth in the fiscal plan adopted by Resolution No. 07-02-04-01 shall be impounded in a special fund that will be used to provide additional services not provided in the fiscal plan and shall be so used within 5 years of the effective date of the annexation. The advisory board required by Ind. Code § 36-4-3-8.1 shall be appointed within 90 days of the effective date. 2004, by a vote of All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentences and words of this Ordinance are severable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. PASSED by the Common Council of the City of Cannel, Indiana, this/,~q~r~ay of ~ ayes and O nays. ~d~7~,~~,. ~'~esident Pro Tempore //Jos~. Griffiths /~//r COM__OUNCIL~ FOR THE /// // -2- ATTEST: Diana L. Cordray, IAMC, Cler~,,~r~asurer Presented bv me to the Mayor of the City of Carmel, Indiana this ~ day of /~r J~, 2004, at Di~a L. Cor&ay, I~C, Cler~asurer ApproTe~ by me, MayoroftheCityofC~el, Indi~a, this /~ dayof ~'F~F~ 2004, at ~c:/ ~.M. ~es Brained, Mayor ATTEST: Diana L. Cordray, IAMC, Cl~-~reasurer Prepared by: Nicholas K. Kile Barnes & Thomburg 11 South Meridian Street Indianapolis, Indiana 46204 INDS01 NKK 65661 Ivl -3- EXHIBIT "A" LEGAL DESCRIPTION ANNEXATION ORDINANCE C-264 HOME PLACE A part of the Southeast and Southwest Quarters of Section 1, Township 17 North, Range 3 East; A part of the Southeast Quarter of Section 2, Township 17 North, Range 3 East; A part of the Northeast and Southeast Quarters of Section 11, Township 17 North, Range 3 East: and a part of the Northeast, Northwest and Southwest Quarters of Section 12, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest Comer of the Southwest Quarter of Section 12, Township 17 North Range 3 East, said point also being the intersection of the assumed Centerline of 96th Street and the assumed Centerline of College Avenue; thence northerly along said Centerline of College Avenue to a point on the south limited access right of way line of 1-465 per the 1NDOT Right of Way Plans Proj. #I465-4 (128)127; thence continuing northerly along said centerline to a point on the north limited access line of said 1-465, said point being the PLACE OF BEGINNING of this description; The next nine (9) courses are along said 1-465 north right of way line and are coincident with the corporate limits of the City of Carmel via Annexation Ordinance C205: 1) Thence South 89 degrees 26 minutes 46 seconds East 306.23 feet along the westerly extension and the northern lot line of Lot 14 in the College Hills Addition to the northeast comer of said Lot 14, said comer is also the northwest comer of Lot 39 in said addition; 2) Thence South 70 degrees 22 minutes 50 seconds East 211.39 feet to the eastern line of said Lot 39, said line also being the western boundary of Carrollton Avenue; 3) Thence South 70 degrees 26 minutes 07 seconds East 53.35 feet to the eastern boundary of Carrollton Avenue, said boundary also being the western lot line of Lot 66 in said College Hills Addition; 4) Thence South 80 degrees 08 minutes 01 seconds East 83.86 feet to the southern lot line of said Lot 66; 5) Thence South 89 degrees 26 minutes 46 seconds 314.72 feet along said southern lot line of said Lot 66 and the southern lot line of Lot 91 in said College Hills Addition to the southeast comer of said Lot 91, said comer also being the northeast comer of Lot 90 in said addition; 6) Thence South 00 degrees 20 minutes 25 seconds East 36.32 feet along the eastern lot line of said Lot 90 to a point on a non-tangent curve concave to the south, said point being North 12 degrees 17 minutes 59 seconds East 5,859.58 feet from the radius point of said curve; 7) Thence easterly 684.43 feet along said curve to a point being North 18 degrees 59 minutes 31 seconds East 5,859.58 feet from the radius point of said curve; 8) Thence South 73 degrees 03 minutes 18 seconds East 192.4 feet; 9) Thence South 69 degrees 25 minutes 35 seconds east to the southeast comer of Parcel 17-13-I2-03-06- 019.000, said point also being the southwest comer of Parcel 17-13-12-00-00-006.000 and the southwest comer of Annexation Ordinance C-215; The next six (6) courses are on and along the corporate limits of the City of Carmel via Annexation Ordinance C215: 1) Thence northerly on and along the eastern boundary of Parcels 17-13-12-03-06-019.000, 17-13-12-03-06- 017.000, 17-13-12-03-06-016.000, 17-13-12-03-06-013.000, 17-13-03-06-012.000 and 17-13-12-00-00- 001.000 and along the western boundary o f Parcels 17-13-12-00-00-006.000 and 17-13-12-00-00-002.000 to the southeast comer of the Marwood Trails subdivision; 2) Thence northerly on and along the eastern boundary of the Marwood Trails subdivision and the western boundary of Parcel 17-13-12-00-00-002.000 to the northeast comer of said Marwood Trails subdivision and the northwest comer of Parcel 17-13-12-00-00-002.000, said point being located on the south boundary of the College Meadows subdivision, 3rd Section; -4- 3) Thence easterly on and along the north boundary of Parcel 17-13-12-00-00-002.00 and the south boundary of said College Meadows subdivision to the west right of way line of the Monon Greenway, said point also being the southeast comer of the College Meadows subdivision and the northeast comer of Parcel 17-13- 12-00-00-002.000; 4) Thence easterly to the east right of way line of the Monon Greenway, said point being the southwest comer of the Orchard Park subdivision and the northwest comer of Parcel 17 - 13 - 12 -00-00-003.000; 5) Thence easterly on and along the south boundary of the Orchard Park and Surfwood Heights subdivisions and the north boundary of Parcel 17-13 - 12-00-00-003.000 to the west right of way line of Westfield Boulevard, 6) Thence easterly to the east right of way line of Westfield Boulevard, said point also being on the north right of way line of 99th Street; Thence continuing northerly along the east right of way line of Westfield Boulevard to the southwest comer of Parcel 17-14-06-00-00-021.000, commonly known as the Woodland Country Club (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C258 As Amended with an effective date of December 9, 2005); Thence westerly across the right of way of Wesffield Boulevard to a point on the west right of way line of Westfield Boulevard (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C242 Amended); Thence northerly along the west right of way line of Westfield Boulevard to a point on the south right of way line of 11 lth Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C242 Amended); Thence proceeding westward along the south right of way line of 111 th Street to a point directly across from the southeast comer of Parcel 17-13 -01-00-00-018.000, commonly known as Carmel Clay Parks and Recreation Board's Central Park (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C257); Thence proceeding westward along the south right of way line of 11 lth Street and across the right of way of the Monon Greenway to a point on the east right of way line of College Avenue (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C213); Thence westward across the r~ht of way of College Avenue to the west right of way line of College Avenue and the south right of way line of 111 Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C213); Thence proceeding westerly along the south right of way line of 11 lth Street to the intersection of the west line of the College Heights 4th Section subdivision (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C259); Thence proceeding South 00 degrees 00 minutes 00 seconds East 1285.7 feet to the north boundary line of the Cornerstone Place Section 1 subdivision, said point also being the southeast comer of parcel 17-13-02-00-00- 016.000, commonly known as Pleasant Grove Methodist Church (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C259); Thence proceeding westward along the north lines of the Cornerstone Place, Meridian Meadows and Meridian Highlands subdivisions and the south lines of parcels 17-13 -02-00-00-016.000 and 17-13 -02-00-00-017.000, commonly known as Standard Management Corporation, said line also being the south line of the Northwest Quarter of the Southeast Quarter of Section 2, to the intersection with the east right of way line of Pennsylvania Street, said point also being the east line of the corporate limits of the City of Carmel as described in Annexation Ordinance C 178 (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C259); -5- Thence proceeding southward along the east right of way line of Pennsylvania Street to a point on the north right of way line of 106th Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C178); Thence proceeding southward across the right of way of 106th Street to a point on the south right of way line of 106th Street and the east right of way line of Pennsylvania Street (coincident with the corporate limits of the City of Carmel via Annexation ordinance C178); Thence proceeding southward along the east right of way line of Pennsylvania Street to the point of intersection with the south line of Lot 13 in the Penn View Heights subdivision and the north line of pamel 16-13-11-02-15-001.000, commonly known as the Schneider Office Park (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C178); Thence proceeding eastward along the said south and north lines to the southeast comer of Lot 13 and northeast comer of said parcel 16-13-11-02-15-001.000 (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 186); Thence proceeding southward along the east line of parcel 16-13-11-02-15-001.000 and the west line of the Northridge Addition to a point on the north right of way line of 103rd Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 186); The next eight (8) courses are on and along the corporate limits of the City of Carmel via Annexation Ordinance C178): 1) Thence proceeding southward across the right of way of 103ra Street about 690 feet to a point; 2) Thence easterly about 815 feet to a point; 3) Thence southerly about 110 feet to a point; 4) Thence easterly about 190 feet to a point; 5) Thence southerly about 329 feet to a point; 6) Thence easterly about 1461 feet to a point on the west right of way line of College Avenue; 7) Thence easterly to the centerline of College Avenue; 8) Thence southerly on the centerline of College Avenue about 880 feet to a point on the north right of way line ofi465, said point being the PLACE OF BEGINNING of this description. ALSO: Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, also being part of Lots 1, 2, 3, 4, 5 and 6 in Block "H" in "College Park", being more particularly described as follows: Commencing at the northeast comer of said Quarter Section; thence South 00 degrees 28 minutes 55 seconds East (assumed bearing) along the east line of said Quarter Section 483.70 feet to the northeast comer of said "College Park"; thence South 88 degrees 52 minutes 50 seconds West along the north line of said "College Park" 173.0 feet to the PLACE OF BEGINNING of this description; thence continuing along said north line South 88 degrees 52 minutes 50 seconds West 165.0 feet; thence, leaving said north line, South 01 degrees 07 minutes 10 seconds East 50.0 feet; thence North 27 degrees 01 minutes 20 seconds East 172.41 feet to the PLACE OF BEGINNING of this description. The aggregate total acreage is 1,016.7, more or less, subject to all legal easements and right of way of record. S:~DH ILLkANNEXATIONS\LEGALC264 -6-