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HomeMy WebLinkAboutC-239 Prairie View, As AmendedDULY ENTERED FOR TAXATION Subject to final acceptance for transfer day of ,20 ~, ^0 om)zN 2 c} No. c-239 0[~ AS AMENDED ~0 AN O~IN~CE OF THE COMMON COUNCIL OF THE CIT~'~F CA~EL. IND~ ANNEXING CERT~N TE~TORY TO THE CITY OF CA~EL. I~I~A. PLACING THE S~E WITHIN THE CO.OPTION BOUND~ES THE~OF AND MA~NG THE S~E A P~T OF THE CITY OF CA~EL SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON ~ 200300065964 ' Filed fo~ Reem, d in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 07-09-2003 At 09:14 ANNEXAT ION 24. O0 WHEREAS, well d&med long term planning benefits the City of Carmel ("City") and the community at large; and WHEREAS, in recognizing the need and benefit of long term planning, the Common Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of Clay Township into the City of Carmel (the "Annexation Territory"); and WHEREAS, the Annexation Territory is contiguous to the existing city limits of the City of Carmel; and WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Annexation Territory consists of approximately 354.31 acres; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near further; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to annexed areas; and WHEREAS, prior to the publication and issuance of notice of public hearing, this Council, by resolution, will adopt 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 will include the provision of services of a noncapital nature to the Annexation Territory within one year after the effective date of this annexation 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 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a capital nature 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 consisted with the annexation policy previously adopted by this Council; and WHEREAS, prior to the final adoption of this Ordinance, the Council will have conducted a public heating pursuant to proper notice issued as required by law; and WHEREAS, the 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 reference as though fully set forth herein below. In accordance with I.C. 36-4-3-4, 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. 4. 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. 5. 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 City of Carmel, Indiana, this/~d-~day of ~'~it~ tr~Pu~r', 2002, by a vote of r~ ayes and ~) nayes. 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL Presff/fing Officer~ r. Wayne W~lson~-, 15resilient Pro Tempore ~rea~l /~..~ //~ald E. Ca~er AT'T: ~ Diana L. Cor~ay, I~C, Cler~reasurer Presented by me to {he Mayor of the City of Carmel, Indiana this ] ~ 4y of ~ , 2002, at ~,M. Diana L. Cordray, IAMC, C~/r~reasurer Approved by me, Mayor of the City of Carmel, Indiana, thisl('~ day of ~r , 2002, at ~ ~()~.M. Ja~s~Brain~d, May~°~r~ Diana L. Cor ray, MC, Ck~,~l'reasurer Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, IN 46204 EXHIBIT B LEGAL DESCRIPTION REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-239 Part of Section 26, part of the Southeast Quarter of Section 27, and part of the west half o£ Section 35, Township 1 $ North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly described as £ollows: Beginning at the point o£ intersection of the northwest corner o£ Parcel #1710270000006000 and the south right o£ way line of East 131 ~ Street, then proceeding eastward along the northern boundary of parcel # 1710270000006000, along the southern right o£ way line of East 131~t Street and along the southern boundary of the Prairie View subdivision, to the northeast corner o£ said parcel #1710270000006000 (coincident with the corporate lira~ts of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710270000006000, along the western boundary of the Prairie View subdivision and along the west right of way line of River Road, to a point on the west right of way line of River Road, directly across from the northwest comer of parcel #1710260000015000, (coincident with the corporate boundaries of the City of Carmel), then proceeding eastward across the right of way of River Road to the point of intersection of the northwest corner of parcel #! 710260000015000, said point being located on the east right of way line of River Road (coincident with the corporate limits o£ the City of Carmel), then proceeding eastward along the northern boundary of parcel #1710260000015000, and along the southern boundary of the Chapman's Claim at Prairie View subdivision, to the northeast corner o£ parcel # 1710260000015000 (coincidem with the corporate lir~ts of the City o£ Carmel), then proceeding southward along the eastern boundary of parcel #1710260000015000, and along the western boundary of the Chapman's Claim at Prairie View subdivision, to the southeast corner of said parcel # 1710260000015000 (coincident with the corporate limits of the City of Carmel), then proceeding eastward along the northern boundary of parcel #1710260000013001, and along the southern boundary of the Chapman's Claim at Prairie View subdivision, to the northeast corner o£ said parcel # 1710260000013001 (coincident with the corporate limits of the City of Carmel), then proceeding northward, westward and northeasterly along the western boundary of parcel # 1710260000005000, and along the eastern boundaries of the Chapman's Claim and Brooks Landing at Prairie View subdivisions, to the northwest corner of said parcel #1710260000005000, said point being located at a point on the low water line of the White River (coincident with the corporate limits o£ the City o£ Carmel), then proceeding southeasterly, easterly, southerly and southwesterly along the northern and eastern boundaries of parcel #1710260000005000, and along the low water line of the White River, to the southwest corner of said parcel #1710260000005000, said point being coincident with the southeast corner o£ parcel #1710260000013001 and the northeast corner of parcel #1710350000002001, then proceeding southwesterly along the eastern boundary of parcel # 1710350000002001, and along the low water line of the White River, to the southeast corner of said parcel #1710350000002001, then proceeding southwesterly along the eastern boundaries of parcel #1710350000001000, parcel #1710350000001002, parcel #1710350000001001, parcel #1710350000001005, parcel #1710350000001004 and parcel #1710350000001003, and along the low water line of the White River, to the southeast corner of parcel #1710350000001003, then westward along the south boundary of parcel #1710350000001003, and along the northern boundary of parcel #1710350000001103, to the southwest corner of parcel #1710350000001003, then northward along the western boundary of parcel # 1710350000001003, and along the eastern boundary o f parcel #1710340402013000, to the northeast comer of said parcel #1710340402013000, said point being on the south right of way line of East 122~a Street and on the east right of way line of River Road, then proceeding northward along the western boundaries of parcel #1710350000001003, parcel #1710350000001004, parcel #1710350000001005, parcel #1710350000001001, parcel #1710350000001002 parcel #1710350000001000 and parcel #1710350000002001, and along the east right of way line of River Road, to the northwest corner of parcel #1710350000002001, said point being located on the east right of way line of River Road (coincident with the corporate limits of the City of Carmel), then proceeding northward along the eastern right of way line of River Road to a point directly across from the southeast corner of parcel # 1710270000006000 (coincident with the corporate limits of the City of Carmel), then proceeding westward across the right of way of River Road to the southeast corner of parcel #1710270000006000, said point being located on the north right of way line of East 126th Street and the west right of way line of River Road (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710270000006000, and along the north right of way line of East 126t~ Street, to the southwest comer of said parcel #1710270000006000 (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of said parcel #1710270000006000, and along the eastern boundary of the Plum Creek Ridge subdivision, to the northwest comer of parcel #1710270000006000 and the point of beginning (coincident with the corporate limits of the City of Carmel), containing 354.31 acres more or less. This annexation includes the following parcels: 1710350000001003 1710350000001005 1710350000001002 1710350000002001 1710350000001004 1710350000001001 1710350000001000 1710260000013001 1710260000015000 1710260000005000 1710270000006000 The following right of way is included in this annexation. The full right of way of River Road between 126th Street and the south boundary of Prairie View.