HomeMy WebLinkAboutBPW-07-16-03-02 Clarian/AnnexRESOLUTION NO. o7-I(d 03-oz-
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF
THE CITY OF CARMEL, INDIANA, APPROVING A PETITION FOR
THE VOLUNTARY ANNEXATION OF CERTAIN LAND BY THE CITY
OF CARMEL, INDIANA
WHEREAS, the City of Carmel, Indiana (the "City "), has received the petition
attached hereto as Appendix A (the "Petition ") requesting that the Common Council of the City
adopt an ordinance authorizing the annexation of the land described in Exhibit A of the Petition
(the "Land "); and
WHEREAS, the petitioners have caused to be mailed on June 24, 2003, notice of
the petition to the Superintendent of the Carmel -Clay Schools, the Utilities Manager of the City,
the Director of the Department of Community Services of the City, the Fire and Police Chiefs of
the City, and the City Engineer, copies of which, together with any responses thereto, have been
duly submitted to the office of the Clerk- Treasurer of the City prior to this meeting; and
WHEREAS, the Board of Public Works and Safety of the City (the "Board ")
desires to approve the Petition and recommend the adoption of an ordinance by the Common
Council of the City annexing the Land;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC
WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, as follows:
1. The Petition filed with the Board is hereby approved.
2. The Board hereby requests and recommends that the Common Council
adopt an ordinance annexing the Land.
3. The Secretary of the Board is hereby directed to present a copy of this
Resolution and the Petition to the Clerk- Treasurer of the City for presentation to the Common
Council as soon as may be done.
4. This Resolution shall be in full force and effect after its adoption by the
Board.
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APPENDIX A
VOLUNTARY PETITION FOR THE ANNEXATION OF LAND
The foregoing was passed by the Board of Public Works and Safety of the City of
Carmel, Indiana, this IL day of
ATTEST:
, 2003.
THE BOARD OF PUBLIC WORKS AND
SAFETY OF THE CITY OF CARMEL, INDIANA
Chairman
Secretary, Board of Public orks and Safety
Prepared by Thomas A. Pitman, Baker & Daniels, 300 North Meridian Street, Suite 2700,
Indianapolis, Indiana 46204, 317 - 237 -1149.
-3-
PETITION FOR ANNEXATION INTO THE CITY OF CARMEL
Counterpart No. 1
TO: THE COMMON COUNCIL OF
THE CITY OF CARMEL, INDIANA
We, the undersigned corporations, jointly being the owners of one hundred percent
(100%) of the land described in Schedule A attached hereto and made a part hereof, which land
is contiguous (as defined in Indiana Code 36- 4- 3 -1.5) to the City of Carmel, Indiana (the "City),
hereby respectfully request that an ordinance annexing such land into the City be adopted as
promptly as possible by the Common Council of the City pursuant to and in accordance with the
procedures provided in Indiana Code 36 -4 -3, as amended (the "Act "). Each of the undersigned
reserves the right to withdraw their respective consent to this voluntary petition for annexation
into the City (and the land owned by the undersigned) pursuant to and in accordance with the
provisions of the Act in the event the land described in Schedule A hereto is not acquired by
Clarian Health Partners, Inc., or an affiliated entity thereof, by the date the Common Council of
the City adopts its fiscal plan for the proposed annexation.
This petition may be circulated in several counterparts, and all such counterparts together
are to be considered as constituting one petition.
Name Address
1. Valley Develo
By:
Prin
Tit
ent Co.. Inc.
•
eiss 3641 Brumley Way
horized Agent Carmel, IN 46033
2. NRC Corp.
By:
Prin
'iAe//d. 1
atrs Feiss
� orized Agent
INDY 1179520v1
3641 Brumley Way
Carmel, IN 46033
Township Where
Taxable Real
Property Located
Clay
Clay
VERIFYING AFFIDAVIT
STATE OF INDIANA
) SS:
COUNTY OF MARION
Zeff A. Weiss, being first duly sworn upon his /her oath, deposes and says:
He is a duly authorized agent of Valley Development Co., Inc., which is an owner
of taxable real estate property located within the boundaries of Hamilton County, Indiana, and
has signed the counterpart indicated below on the line shown below of a petition addressed to the
Common Council of the City of Carmel, Indiana (the "City ") requesting such Common Council
to adopt an ordinance annexing the land owned by said corporation signing such counterpart, all
in accordance with the provisions of Indiana Code 36 -4 -3, as amended. All signatures appearing
on the attached counterpart were affixed in his presence and are the true and lawful signatures of
the persons signing this counterpart of this petition.
Counterpart No. 1
Line No. 1
(Printed Name)
Subscribed and sworn to before me, a Notary Public, in and for the State of
Indiana, this I "I day of June, 2003.
(Seal)
My Commission Expires:
1!- 0a
I am a resident of
,AADLA i OA` County, Indiana
INDY 1179520v1
Notary Public
(Printed Name)
VERIFYING AFFIDAVIT
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Zeff A. Weiss, being first duly sworn upon his/her oath, deposes and says:
He is a duly authorized agent of NRC Corp., which is an owner of taxable real
estate property located within the boundaries of Hamilton County, Indiana, and has signed the
counterpart indicated below on the line shown below of a petition addressed to the Common
Council of the City of Carmel, Indiana (the "City ") requesting such Common Council to adopt an
ordinance annexing the land owned by said corporation signing such counterpart, all in
accordance with the provisions of Indiana Code 36 -4 -3, as amended. All signatures appearing on
the attached counterpart were affixed in his presence and are the true and lawful signatures of the
persons signing this counterpart of this petition.
Counterpart No. 1
Line No. 2
(Printed Name)
Subscribed and sworn to before me, a Notary Public, in and for the State of
Indiana, this 11 day of June, 2003.
(Seal)
My Commission Expires:
I am a resident of
�m ounty, Indiana
INDY 1179520v1
Notary Public
L5 a,aovi 4 bu.rr,s.9
(Printed Name)
Schedule A
Legal Description
NRC Corp./East Parcel
Part of the East Half of the Southwest Quarter of Section 35, Township 18 North, Range
3 East in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Southwest corner of the East Half of the Southwest Quarter of Section
35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 54 seconds West
(assumed bearing) on and along the West line thereof, 2626.63 feet to the Northwest corner of
the East Half of said Southwest Quarter; thence North 88 degrees 45 minutes 10 seconds East on
and along the North line of said Southwest Quarter 451.80 feet to the West right of way line of
U.S. Highway #31, as located by I.S.H.C. plans for Project F- 222(9), dated 1968; thence South
00 degrees 05 minutes 35 seconds East on and along said West right of way line 2548.86 feet;
thence South 59 degrees 23 minutes 02 seconds West 122.27 feet; thence South 01 degrees 27
minutes 30 seconds East 16.50 feet to the South line of said Southwest Quarter; thence South 88
degrees 32 minutes 30 seconds West on and along said South line 348.93 feet to the Beginning
Point; containing 27.178 acres, more or less.
Valley Development Co., Inc./West Parcel
The West Half of the Southwest Quarter of Section 35, Township 18 North, Range 3
East, in Hamilton County, Indiana, containing 80 net acres, more or less.
INDY I [79520vI
BAKER DANIELS
Fs_ 1853 300 North Median Street, Suite 1700 Indianapolis Indiana 46704-1781 31727.0300 [as 3172371030 vwwbakerdanielzcom
DAVID A. ARRENSEN
317 - 237 -1290
david.arrensen@bakerd.com
1
Indiana
Washirl ton,
Drina
MEMORANDUM
TO: Carrie Gallagher — Deputy Clerk- Treasurer, City of Carmel, Indiana
FROM: Dave Arrensen - Baker & Daniels
DATE: July 9, 2003
RE: Proposed Voluntary Annexation — Carmel Health Partners/116th and Meridian
Streets
Enclosed please find an original and five copies of the Petition of landowners
with respect to the above - captioned annexation together with six of the following:
(a) Resolution approving the Petition;
(b) Copies of notices to department heads and other local officials; and
(c) Response of City Engineer.
With respect to the last item, we are working with Kate to resolve the issue
concerning the legal description of the land to be annexed and anticipate resolution of the issue
prior to the meeting of the Board of Works. Please also note that we have had a meeting with
Mike Hollibaugh concerning the proposed annexation as required by the procedures that you sent
to me a few weeks ago.
Thank you for your assistance. If you have any questions concerning the
enclosed, kindly call me at 237 -1290.
Best regards ...
Dave
c: M. Kate Weese, PE (w /o encl.)
Thomas A. Pitman, Esq. (w /o encl.)
VIA COURIER AND
ELECTRONIC MAIL
Enclosures
DAA/clw
INIMAN1 589861v4
BAKER DANIELS COPY
Est. 1863 300 North Meridian Street. Suite 2700 Indianapolis, Indiana 46204 -1782 317.237.0300 Fax 3172371000 www.bakerdaniels.com
SCOTT E. PECK
317- 237 -1075
scott.peck Q bakerd. com
June 24, 2003
VIA FEDERAL EXPRESS
Dr. Barbara Underwood, Superintendent
Carmel Clay Schools
5201 E. 131st Street
Carmel, Indiana 46033
Re: Petition for Annexation into the City of Carmel
Dear Dr. Underwood:
Indiana
Washington, D.C.
China
Pursuant to the City of Carmel's requirements for voluntary annexation into the City, this
letter is being filed with your office in connection with the proposed voluntary annexation
referred to in the enclosed petition.
Enclosed with this letter is a surveyed drawing of the land requested to be annexed and,
for your reference, a copy of the petition that is intended to be filed with the City. Please provide
any comments that you may have on the proposed annexation to the undersigned, by no later
than the end of the business day on July 9, 2003.
Very truly yours,
Rek
Slit
Scott E. Peck, Baker & Daniels
SEP /jes
Enclosures
cc: Carrie Gallagher (w /o enclosures, via facsimile)
Zeff Weiss, Esq. (w /o enclosures, via facsimile)
Joseph Scimia, Esq. (w /o enclosures)
INIMAN1 675784v1
CI
June 30, 2003
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::::0 III IN III :.::: 11
rr.'Try_' 11`r_rrT• rV
JAMES BRAINARD, MAYOR
Mr. Scott E. Peck
Baker & Daniels
300 North Meridian Street, Suite 2700
Indianapolis, IN 46204 -1782
RE: Voluntary Annexation
Dear Mr. Peck:
EL
We have reviewed the Petition for Annexation and Legal Description dated June 24, 2003 received by this
office on June 25, 2003. We offer the following comments:
The property described in the legal description as part of the East Half of the Southwest Quarter of Section
35 (my reference as Parcel I) is contiguous to existing City of Carmel Corporate boundaries on its east,
southeast and south boundaries. The description includes the north half right of way of 116th Street, which
has not been previously annexed by the City of' Carmel. Therefore, this legal description is acceptable.
However, the property described in the legal description as the West Half of the Southwest Quarter of
Section 35 (my reference as Parcel H) annexes to the south and west township section lines. The section
lines are the assumed centerlines of 116th Street and of Springmill Road. It is our assumption that Indiana
Code IC 36- 4 -3 -2.5 would apply to this voluntary annexation. Indiana Code, IC 36- 4- 3 -2.5, requires that
annexations contiguous to a public highway must also include contiguous areas of the public highway and
rights -of -way of the public highway. Please revise this description to include the south half right of way of
116th Street, from the existing west Corporate Boundaries of the City of Carmel to the west right of way of
Springmill Road and the west half right of way of Springmill Road, from the south right of way line of
116th Street to the North line of the Southwest Quarter of Section 35.
I have included a copy of the legal descriptions, a sketch of the proposed annexation, a copy of Indiana
Code IC 36- 4 -3 -2.5 and a sketch of the existing City of Carmel Corporate Boundaries in the area adjacent
to the south boundaries of the legal descriptions.
If you have questions, please don't hesitate to call.
Sincerely,
M. Kate Weese, PE
City Engineer
Enclosures
Cc: Diana Cordray, City of Carmel Clerk - Treasurer
Dick Hill, City of Carmel Engineering
S:\LETTERS03 \CLARIANNEX
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441, FAX 317.571 -2439
EMAIL kweese ®ci.carmeLin.us
Schedule A
Legal Description
ThL NRC Corp./East Parcel
Part of the East Half of the Southwest Quarter of Section 35, Township 18 North, Range
3 East in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Southwest comer of the East Half of the Southwest Quarter of Section
35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 54 seconds West
D.
(assumed bearing) on and along the West line thereof, 2626.63 feet to the Northwest corner of
the East Half of said Southwest Quarter; thence North 88 degrees 45 minutes 10 seconds East on
and along the North line of said Southwest Quarter 451.80 feet to the West right of way line of
U.S. Highway #31, as located by I.S.H.C. plans for Project F- 222(9), dated 1968; thence South
00 degrees 05 minutes 35 seconds East on and along said West right of way line 2548.86 feet;
thence South 59 degrees 23 minutes 02 seconds West 122.27 feet; thence South 01 degrees 27
minutes 30 seconds East 16.50 feet to the South line of said Southwest Quarter; thence South 88
degrees 32 minutes 30 seconds West on and along said South line 348.93 feet to the Beginning
Point; containing 27.178 acres, more or less.
cam— m
Valley Development Co., Inc./West Parcel
The West Half of the Southwest Quarter of Section 35, Township 18 North, Range 3
East, in Hamilton County, Indiana, containing 80 net acres, more or less.
INDY 1179520v1
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(1) published in accordance with IC 5-3-1 except that the notice shall be published at least sixty (60) days before
the hearing; and
(2) mailed as set forth in section 2.2 of this chapter, if section 2.2 of this chapter applies to the annexation. -
(c) A municipality may adopt an ordinance under this chapter not earlier than thirty (30) days or not later than sixty
(60) days after the legislative body has held the public hearing under subsection (b).
(d) This subsection applies to an annexation under section 3 or 4 of this chapter in which all property owners within
the area to be annexed provide written consent to the annexation. Notice of the hearing shall be:
(1) published one (1) time at least twenty (20) days before the hearing in accordance with IC 5 -3 -1; and
(2) mailed as set forth in section 2.2 of this chapter.
As added by P,L.231 -1996, SEC.1. Amended by P.L.248 -1999, SEC.1; P.L.49 -2000, SEC.1; P.L.224 -2001, SEC.].
IC 36- 4 -3 -2.2
Notice by certified mail
Sec. 2.2. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this
chapter or an annexation described in section 5.1 of this chapter.
(b) Before a municipality may annex territory, the municipality shall provide written notice of the hearing required
under section 2.1 of this chapter. Except as provided in subsection (e), the notice must be sent by certified mail at least
sixty (60) days before the date of the hearing to each owner of real property, as shown on the county auditor's current
tax list, whose real property is located within the territory proposed to be annexed.
(c) The notice required by this section must include the following:
(1) A legal description of the real property proposed to be annexed.
(2) The date, time, location, and subject of the hearing.
(3) A map showing the current municipal boundaries and the proposed municipal boundaries.
(4) Current zoning classifications for the area proposed to be annexed and any proposed zoning changes for the
area proposed to be annexed.
(5) A detailed summary of the fiscal plan described in section 13 of this chapter.
(6) The location where the public may inspect and copy the fiscal plan.
(7) A statement that the municipality will provide a copy of the fiscal plan after the fiscal plan is adopted
immediately to any landowner in the annexed territory who requests a copy.
(8) The name and telephone number of a representative of the municipality who may be contacted for further
information.
(d) If the municipality complies with this section, the notice is not invalidated if the owner does not receive the
notice.
(e) This subsection applies to an annexation under section 3 or 4 of
this chapter in which all property owners within the area to be annexed provide written consent to the annexation. The
written notice described in this section must be sent by certified mail not later than twenty (20) days before the date of
the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is
located within the territory proposed to be annexed.
As added by P.L.248 -1999, SEC.2. Amended by P.L.217 -1999, SEC.2; P.L.49 -2000, SEC.2; P.L.224 -2001, SEC.2.
IC 36- 4 -3 -2.5
"Public highway" defined
Sec. 2.5. (a) As used in this section, "public highway" has the meaning set forth in IC 9- 25 -2 -4.
(b) An annexation of territory under this chapter after June 30, 1996, that includes land contiguous to a public
highway must also include contiguous areas of:
(1) the public highway; and
(2) rights -of -way of the public highway.
As added by P.L.232 -1996, SEC.1.
IC 36 -4 -3 -3
http: / /www.in.gov/ legislative /ic /code /title36 /ar4 /ch3.html 3/19/20(