HomeMy WebLinkAboutC-206 West Clay (AMENDED)sponsor(s): Councilors Battreall and Carter
ORDINANCE NO. C-206
AS AMENDED
Instrument
200200014713
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, this Council is in receipt of petitions requesting that certain territory (the
"Annexation Territory") be annexed; and
WHEREAS, a copy of said petitions are attached hereto as Exhibit A; and
WHEREAS, the petitions have been signed by at least fifty-one percent (51%) of the
owners of the land in the Annexation Temtory or the owners of at least seventy-five percent
(75%) of the total assessed value of the land for property tax purposes; and
WHEREAS, the Annexation Territory is contiguous to the existing city limits of the City
of Carmel; and
WHEREAS, a legal description of the Annexation Territory is attached as Exhibit B.; and
WHEREAS, a map of the Annexation Territory is attached hereto as Exhibit C; and
WHEREAS, the Annexation Territory consists of approximately 32 acres.
WHEREAS, responsible planning and state law require adoption of a fiscal plan and a
definite policy for the provision of certain services to the annexed areas; and
WHEREAS, prior to the publication and issuance of notice of public hearing, this
Council by resolution has adopted 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 written fiscal plan and definite policy adopted by resolution provide for
the provision of services of a noncapital nature (including police protection, fire protection, street
and road maintenance, and other noncapital services normally provided within the corporate
boundaries of the City) to the Annexation Territory within one year after the effective date of this
armexation in a manner equivalent in standard and scope to those noncapital services provided to
areas within the current corporate boundaries, regardless of similar topography, patterns of land
use, and population density; and i'~ FOR TgY~TION C-
acceptance for trane'
WHEREAS, the written fiscal plan and definite policy adopted by resolution provide for
the provision of services of a capital nature (including street construction, street lighting, sewer
facilities, water facilities and stormwater drainage facilities) to the Annexation Territory within
three years after the effective date of this annexation in the same manner those services are
provided to areas within the current corporate boundaries, regardless of similar topography,
patterns of land use, and population density and in a manner consistent with federal, state and
local laws, procedures, and planning criteria; and
WHEREAS, the terms and conditions of this annexation, including the written fiscal plan
and definite policy, are fairly calculated to make the annexation fair and equitable to property
owners and residents of the Annexation Territory and of the City; and
WHEREAS, prior to the final adoption of this Ordinance, the City will have conducted a
public heating pursuant to proper notice issued as required by law; and
WHEREAS, this Council finds that the annexation of the Annexation Territory pursuant
to the terms of this Ordinance is fair and equitable and should be accomplished.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
The above recitals are incorporated herein by this reference as though fully set forth
herein below.
In accordance with I.C. 36-4-3-5, the Annexation Territory is hereby annexed to the City
of Carmel and thereby included within its corporate boundaries pursuant to the terms of
this Ordinance.
3. The Annexation Territory is assigned to Carmel Common Council District No. 1.
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 separable, 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.
This Ordinance shall be in full force and effect from and after the date of its passage and
signing by the Mayor and such publication and recordation as is required by law.
PASSED by the Common Council of the Ci~ of Cannel, Indiana, this /~flday of
(i;f.&~-)[~?; , 2001, by a vote of ~ ayesand C nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
~empore
,,//R'~ld E. C-art~ ~
ATTEST:
John R. Ko/!)e~i-""~ /') ,/")
ku/~j.8~yder f ~
q/~resented by me to the May~r of the City of Carmel, Indiana the t/(~//2 day of
: ~ . (~ ,
~ .~ ~: Dima L. Cor&ay, ~C; Clerk-Treasme{ /
~ / Approved by me, the Mayor of the City of Cannel, Indiana, this /?/L day
2001,
rainard,
of
ATTEST:
t ~1hDiana L. Cor&y;,IAMc,/Cl~rk-Treasurer// ".,
Prepared By: Nicholas Kile, Barnes & Thomburg, 11 S. Meridian Street, Indianapolis, IN 46204; (317) 23 !-1313
~...'20/2000 i?:03 57a3~i4 BRENWICK PAGE 02
.P_ETITION FOR ANNEXATION
The undersigned (hereinafter, the "Petitioners"), the Owners of the ~ eal Estate described
on Exhibit A attached hereto and made a part hereof, in support of this Pew tion for Annexation
state as follows:
t. That the Petitioners are at least fifty-one percent (51%) of the owners of the real
estate described on Exhibit A attached hereto and made a pa~'t hereof and depicted on F~xhibit B
attached hereto and made a part hereof (the "Real Estate").
2. That the Common Council of the City of Carmel, I~di~ma ("Council"), by
ordinance, has defined the corporate boundaries of the City of Carmel, India~ a.
3. That more than one-eighth (1/8) of the aggregate external bo mdafies of the Real
Estate coincides with the corporate boundaries of the City of Carmel, Indiana
WI-IEREFORE, Petitioners request that the Council adopt an ord~nant'e annexing the Real
Estate to the City of Caxrnel, Indiana.
[signatures attached]
10/20/00 FRI L7 07 [TX/RX NO 66891 ~002
J./20/2000 17:03 57439i4 BRENWICK PAGE 83
Donald R. Morrow
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON)
BEFORE ME, a Notary. Public in and for said County and State, pcrsonaliy appeared
Donald R. Morrow ~nd Phyllis L. Morrow, who acknowledged ~xecuuon of the foregoing
petition.
2000
Vv'ITNESS my hand and Notarial Seal this ] ?~-~lay of ~i-..~ ~ _ __,/1~,~/
My Commission Expires:
County of Rcsiclcnc¢:
Hendricks
Printed: ' . ' ca__
Notary Public
10/20/00 FRI t7 07 [TX/RX NO 6686] ~ 003
17:03 5743914
BRENWICK
pAGE
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON)
BEFORE .ME, a Notary Public in and for said County and State, 9ersonally appeared
George P. Sweet and ~'ane 15. Sweet, and who, having been duly sworn, ackn )wledged execution
of the foregoing petition.
2000
W1TNES S my hand and Notarial Seal this 12thday of April
My Commission Expires:
v~y 24. 2007
County of Residence:
H~ndricks
Printed: ' . ' _ --
Notary Public
10/20/00 FRI t7 07 [TX/RX NO 66861 ~004
..... p~Ei 05
J20/2000 17:03 5743914 BRENWICK
W.E. Estes
T. T~ylor~stes
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON)
BEFORE ME~ a Notary Public in'and for said County and State, personally appeared
W.E. Estes and T. Taylor Estes, who ac~knowledgcd execution of the forcgoir~g petition.
WITNESS my hand and Notarial Seal this !]~ day of__~_[ __, 2000.
Printed:,
Notary Public
My Commission Expires:
County of Residence:
10/20/00 FRI L7 07 [TX/RX NO 6686] 9005
0.20/2000
/
17:83 5743914 BRENNICK
~eorgia~ C. Li,~-~m~e~
P~GE 06
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON)
BEFORE ME, a Notary Public in and for said County and State, personally appeared Thomas
J. Linnemeier and Georgiann C. Linnemeier, who acknowledged execution ot the foregoing petidom
WITNESS my hand and Notarial Seal this ~1~ day of _
Notary Public
My Commission Expires:
10/20/00 FRI t7 07 [TX/ILl N0 6686] ~006
STAT~ OF ~'tDIANA
~OUNTY OF HAMILTON
SS:
Legal Description:
Village of WestClay, 1st Annexation Parcel
A part of the Northwest Quarter and the Northeast Quarter of Section 27, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana more particularly described as follows:
Commencing at the Southwest comer of said Northwest Quarter; thence North 89 degrees 12 minutes 35 seconds
East along the south line thereof a distance of 1318.37 feet to the intersection of said south line and the easterly line
of a parcel of land as described in Instrument Number 92427311; thence North 00 degrees 10 minutes 17 seconds
West along said easterly line, also being the east line of the West Half of said Quarter a distance of 607.16 feet to the
Point of Beginning; thence continuing North 00 degrees 10 minutes 17 seconds West along said easterly line a
distance of 251.57 feet to a point on a line parallel with the northerly line of said parcel and 150.00 feet southerly by
perpendicular measure; thence South 89 degrees 12 minutes 35 seconds West along said parallel line a distance of
469.71 feet to the westerly line of said parcel; (the following four courses are along the boundary of the
aforementioned parcel) (1) thence North 00 degrees 35 minutes 16 seconds West a distance of 65.71 feet; (2) thence
North 02 degrees 13 minutes 30 seconds West a distance of 79.32 feet; (3) thence North 02 degrees 37 minutes 12
seconds East a distance of 5.00 feet; (4) thence North 89 degrees 12 minutes 35 seconds East a distance of 472.79
feet to the intersection of said northerly line and the westerly line of a parcel of land as described in Record Number
4954, Book 274, Page 412 also being the east line of said Half-Quarter; (the following three courses are along the
boundary of the aforementioned parcel) (1) thence North 00 degrees 10 minutes 17 seconds West a distance of
776.09 feet; (2) thence North 89 degrees 15 minutes 01 seconds East a distance of 438.35 feet; (3) thence South 00
degrees 06 minutes 43 seconds East a distance of 871.04 feet to the intersection of the easterly line of said parcel
and the northerly line of a parcel of land as described in Record Number 8780, Book 277 Page 151; thence North 89
degrees 12 minutes 35 seconds East along said northerly line a distance of 879.58 feet to the intersection of said
northerly line and the westerly line of a parcel of land as described in Instrament Number 199709740067 also being
the east line of said Quarter; (the following eleven courses are along the boundary of the aforementioned parcel) ( 1 )
thence North 00 degrees 15 minutes 19 seconds West a distance of 548.95 feet to a point hereinafter referred to as
Point "A"; (2) thence North 89 degrees 44 minutes 41 seconds East a distance of 327.68 feet; (3) thence North 00
degrees 15 minutes 19 seconds West a distance of 146.76 feet; (4) thence South 66 degrees 21 minutes 39 seconds
East a distance of 308.08 feet; (5) thence South 34 degrees 11 minutes 28 seconds East a distance of 88.22 feet; (6)
thence South 10 degrees 06 minutes 00 seconds East a distance of 153.00 feet; (7) thence South 17 degrees 42
minutes 21 seconds West a distance of 117.56 feet; (8) thence South 02 degrees 41 minutes 16 seconds West a
distance of 188.78 feet; (9) thence South 04 degrees 53 minutes 32 seconds West a distance of 121.92 feet; (10)
thence South 01 degrees 08 minutes 35 seconds West a distance of 173.77 feet; (11) thence South 89 degrees 06
minutes 31 seconds West a distance of 623.68 feet to the intersection of the southerly line of said parcel and the
easterly line of a parcel as previously described in Record Number 8780, Book 277 Page 151 also being the east line
of said Quarter; (the following two courses are along the boundary of the aforementioned parcel) (1) thence South
00 degrees 15 minutes 19 seconds East a distance of 51.55 feet to a point hereinafter referred to as Point "B"; (2)
thence South 89 degrees 12 minutes 35 seconds West a distance of 879.58 feet to the Southeast comer of a parcel as
previously described in Record Number 4954, Book 274, Page 412; thence South 89 degrees 17 minutes 51 seconds
West along the southerly line thereof a distance of 437.89 feet to the Point of Beginning. Containing 32.095 acres
more or less.
ALSO
A portion of the right-of-way of Six Points Road located in the Northwest and Northeast Quarters of Section
27, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana more particularly described
as follows:
Beginning at Point "A" as previously described herein; thence South 00 degrees 15 minutes 19 seconds East a
distance of 855.95 feet to Point "B" as previously described herein and the Point of Terminus.
\\CARM EL_NT1 ~JOBS\1238~001 ~DOCS\1238_annex_3.doc
2/9/01 4:19:50PM kdk
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