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HomeMy WebLinkAboutC-243 Northeast Tier, As AmendedDULY ENTERED FOR TAXATION Subject to final acceptance for transfer e dayof ,2o ,,t~o"f.'~ ~ Auditor of Hamilton County Parcel SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON ORDINANCE NO. C-243 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CAR3/IEL, INDIANA~ ANNEXING CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATION BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, well defined 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 WHEPd~AS, the Annexation Territory is contiguqus 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 961.45 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 200300065965 HAMILTON COUNTY~ INDIANA JENNIFER J HRYDEN 07-09-~003 A~ 09:14 am. ANNEXATION 30. O0 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 hearing 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 Tenitory 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. 2. 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 II0~ day of ~ 2002, by a vote of r-( ayes and ~) hayes. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL ( R0k ttr a i .~nald E. Cart~?~ ATTFffIr: , , ~ Diana L. Cordray, IAMC, C~reasurer ///)0?.Presented by me.to ./,he Mayor of the City of Carmel, Indiana this /~ day of ~(,J.a~ ,2002, at ~-~7~.M. Diana~C~su e . ~App.rgved by mc, Mayor of thc City of Carmel, Indiana, this ~ d~ay of at ~'~' ~',M. J~(~i~e-s Brainard, Mayor Diana L. Cordray, IAM~C, C~le 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-243 Part of Section 22, part of Section 23 and part of the Northwest and Southwest Quarters of Section 24, all in Township 18 North, Range 4 East in Clay Township, Hamilton Cotmty, Indiana, being more particularly described as follows: Beginning at the point of intersection of the northwest comer of Parcel # 1710220000006003 and the south right of way line of East 146t~ Street, then proceeding eastward along the northern boundaries of parcel # 1710220000006003, parcel # 1710220000006002 and parcel # 1710220000006001 and along the southern right of way line of East 146th Street, to the northeast comer of said parcel #1710220000006001, said point also being located on the west right of way line of Cherry Tree Road, then proceeding eastward across the right of way of Cherry Tree Road to thethpoint of intersection of the northwest comer of parcel #1710220000007009, the south right of way line of East 146 Street and the east right of way line of Cherry Tree Road, then proceeding eastward along the northern boundaries of parcel # 1710220000007009, parcel # 1710220000011000 and parcel #1710230000001000, and along the south right of way line of East 146ta Street, to the west right of way line of River Road, then proceeding eastward across the right of way of River Road to thempoint of intersection of the northern boundary of parcel gl 710230000001000, the south right of way line of East 146 Street and the east right of way line of River Road, then proceeding eastward along the northern boundaries of parcel #1710230000001000 and parcel #1710240000001000, and along the south right of way line of East 146th Street, to the northeast comer of parcel # 1710240000001000, said point being located on the low water line of the White River, then proceeding southeasterly, southward and southwesterly along the eastern and southern boundary of parcel #1710240000001000 to the southwest comer of said parcel #1710240000001000, and along the low water line of the White River, then proceeding westward and southwesterly along the southern boundary of parcel #1710230000001000, and along the low water line of the White River, to the southwest comer of said parcel #1710230000001000, said point being coincident with the northeast comer of parcel #1710230000003000, then proceeding southwesterly along the southeastern boundary of parcel #1710230000003000, and along the low water line of the White River, to the southeast comer of parcel # 1710230000003000, then proceeding westward along the southern boundary of parcel #1710230000003000 to the southwest corner of said parcel # 1710230000003000, said point being located on the east right of way line of River Road, then proceeding northeasterly along the northwesterly boundary on parcel #1710230000003000, and along the northeasterly right of way line of River Road, to a point on the northeasterly right of way line of River Road directly across from the northeast comer of parcel #1610230000001000 (coincident with the corporate limits of the City of Carmel), then proceeding westward across the right of way of River Road to a point located on the northwesterly right of way line of River Road, said point also being the northeast comer of parcel #1610230000001000 (Prairie Trace Elementary School) and the southeast comer of parcel #1710230000001000 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710230000001000, and along the northern boundary of parcel #1610230000001000 (Prakie Trace Elementary School), to the southwest comer of parcel # 1710230000001000 (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcel #1710230000001000, and along the eastern boundary of the Haverstick subdivision, to the southeast comer of parcel gl710220000011000 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #17102200000110000, and along the northern boundary of the Haverstick subdivision, to the southwest comer of said parcel #1710220000011000, said point also being the northeast comer of parcel #1710220000013000 (coincident with the corporate boundaries of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710220000013000, and along the western boundary of the Haverstick subdivision, to the southeast comer of said parcel #1710220000013000 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundaries of parcel #1710220000013000 and parcel # 1710220000013001, and along the northern boundaries of the Haverstick and Delaware Trace subdivisions, to the northeast comer of parcel #1710220000016000 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710220000016000, and along a western boundary of the Delaware Trace subdivision, to the southeast comer of said parcel #1710220000016000 (coincident with the corporate limits of the City of Carmel), then proceeding westward and northwesterly along the southern and northwesterly boundaries of parcel #1710220000016000, and along the northern and northwesterly boundaries of the Delaware Trace subdivision, to the northwest comer of said parcel #1710220000016000, said point also being located on the northeasterly and south right of way line of Cherry Tree Road (coincident with the corporate limits of the City of Carmel), then proceeding southwesterly and westward along the northeasterly and south right of way line of Cherry Tree Road, and along the northeasterly and northern boundaries of the Delaware Trace subdivision, to the northeast comer of parcel #1710220000017000 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710220000017000, and along a western boundary of the Delaware Trace subdivision, to the southeast comer of said parcel # 1710220000017000 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710220000017000, and along the northern boundary of the Delaware Trace subdivision, to the southwest comer of said parcel # 1710220000017000, said point also being located on the east right of way line of Hazel Dell Parkway (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcel #1710220000017000, and along the east right of way line of Hazel Dell Parkway, to the northwest comer of said parcel #1710220000017000, said point being located on the east right of way line of Hazel Dell Parkway and the south fight of way line of Cherry Tree Road (coincident with the corporate limits of the City of Carmel), then proceeding northward across the right of way of Cherry Tree Road to the southwest comer of parcel #1710220000013000, said point also being located on the east right of way line of Hazel Dell Parkway (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcel #1710220000013000, and along the east right of way line of Hazel Dell Parkway, to the northwest comer of said parcel #1710220000013000, said point being located on the east right of way line of Hazel Dell Parkway and coincidental with the southwest comer of parcel #1710220000001002 (coincident with the corporate limits of the City of Carmel), then proceeding northward and northwesterly along the western boundary of parcel #1710220000001002, and along the east right of way of Hazel Dell Parkway, to the noFthwest comer of said parcel #1710220000001002 said point being the point of intersection with the southern boundary of parcel #1710220000001001 (coincident with the corporate limits of the City of Carmel), then proceeding southwesterly along the extension of the southern botmdary of parcel # 1710220000001001 to the point of intersection with the original east right of way line of Hazel Dell Road, said line being located sixteen and one half feet east of the west line of Township Section 22 (coincident with the corporate limits of the City of Cannel), then proceeding northward along the original east right of way line of Hazel Dell Road, adjacent to parcel # 1710220000001001 and parcel #1710220000001000, to the point of intersection with the westward extension of the north boundary line of parcel # 1710220000001000 (coincident with the corporate limits of the City of Carmel), then proceeding eastward to the southwest comer of parcel #1710220000002004, said point being located on the east right of way line of Hazel Dell Parkway, forty five feet east of the west line of Township Section 22 (coincident with the corporate limits of the City of Carmel), then proceeding no~hward along the western boundary of parcel #1710220000002004, and along the east right of way line of Hazel Dell Parkway, to the northwest comer of said parcel #1710220000002004 (coincident with the corporate limits of the City of Carmel), then proceeding eastward along the northern boundary of parcel #1710220000002004, and along a southern boundary of the Spring Creek subdivision, to the northeast comer of said parcel #1710220000002004 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710220000002004, and along a western boundary of the Spring Creek subdivision, to the southeast comer of said parcel #1710220000002004, said point also being the northwest comer of parcel #1710220000002007 (coincident with the corporate limits of the City of Carmel), then proceeding southeasterly and eastward along the northwesterly and northern boundary of parcel #1710220000002007, and along a southwesterly and southern boundary of the Spring Creek subdivision, to the northeast comer of said parcel #1710220000002007 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710220000002007, and along a western boundary of the Spring Creek subdivision, to the southeast comer of said parcel #1710220000002007 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710220000002007, and a northern boundary of the Spring Creek subdivision, to the southwest comer of said parcel # 1710220000002007, said point also being the southeast comer of parcel #1710220000001102 and the northeast comer of parcel # 1710220000001002 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710220000001002, and along a western boundary of the Spring Creek subdivision, to the south east comer of said parcel #1710220000001002, said point being located on the no~ch boundary of parcel # 1710220000013000 (coincident with the corporate limits of the City of Carmel), then proceeding eastward along the northern boundary of parcel #1710220000013000, and along the southern boundary of the Spring Creek subdivision, to the point of intersection with the northwestern right of way line of Cherry Tree Road (coincident w/th the corporate limits of the City of Carmel), then proceeding eastward across the northwestern half right of way of Cherry Tree Road to a point on the centerline of Cherry Tree Road (coincident with the corporate limits of the City of Carmel), then proceeding northeasterly along the centefline of Cherry Tree Road, and along the northwesterly boundary of parcel #1710220000002001, to the point of intersection of the centerline of Cherry Tree Road and the boundary between the Spring Creek and Cherry Tree Estates subdivisions (coincident with the corporate limits of the City of Carmel), then proceeding southeasterly to a point on the east right of way line of Cherry Tree Road (coincident with the corporate limits of the City of Carmel), then proceeding northeasterly and northward along the southeastem and eastern right of way line of Cherry Tree Road, and along the southwesterly and western boundaries of parcel #1710220000014000, parcel #1710220000014001, parcel #1710220000010000, parcel #1710220000009000 and parcel #1710220000009001, to the point of intersection with the eastern extension of the northern boundary line of the Cherry Tree Estates subdivision (coincident with the corporate limits of the City of Carmel), then proceeding westward across the right of way of Cherry Tree Road to a point located on the west right of way line of Cherry Tree Road, said point also being the northeast comer of the Cherry Tree Estates subdivision and the southeast comer of parcel #1710220000002002 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710220000002002, and along the northern boundary of the Cherry Tree Estates subdivision, to the southwest corner of said parcel #1710220000002002, said point being located on the centerline of the Emily Vestal Legal Drain (coincident with the corporate limits of the City of Carmel), then proceeding generally northward along the western boundary of parcel #1710220000002002, said boundary also being located on the centerline of the Emily Vestal Legal Drain and on the eastern boundary of the Spring Creek subdivision, to the northwest comer of said parcel #1710220000002002, said point also being located on the south boundary of parcel # 1710220017002000 (coincident with the corporate limits of the City of Carmel), then proceeding westerly and northeasterly along the western boundaries of parcel #1710220017002000 and parcel #1710220017001000, said boundaries also being located on the centerline of the Emily Vestal Legal Drain and on the southeastern boundary of the Ashmore Trace subdivision, to the southwest comer of parcel #1710220000006006, said point also being the northwest corner of parcel #1710220000007003 (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundaries of parcel #1710220000006006, parcel #1710220000006005 and parcel #1710220000006004, and along the eastern boundary of the Ashmore Trace subdivision, to a point on the south right of way line of East 146~h S~eet (coincident with the corporate limits of the City of Carmel), then proceeding eastward along the south right of way line of East 146th Street, and the northern boundary of parcel #1710220000006004 to the northeast comer of parcel #1710220000006004, said point also being the northwest corner of parcel 1710220000006003, and the point of beginning containing 961.45 acres more or less. This annexation includes the following parcels: 1710220000011000 1710220000007010 1710220000007007 1710220000007005 1710220000010000 1710220000002002 1710220000007004 1710220000006001 1710220000006004 1710220000001102 1710220000001000 1710220000013000 1710220000013002 1710220000016000 1710220000007009 1710220000007102 1710220000007006 1710220000009001 1710220000002001 1710220017001000 1710220000007003 1710220000006002 1710220000006005 1710220000002007 1710220000002004 1710220000009002 1710220000013001 1710220000007008 1710220000007000 1710220000008000 1710220000009000 1710220000014000 1710220017002000 1710220000006006 1710220000006003 1710220000001002 1710220000001001 1710220000014001 1710220000017000 1710230000001000 1710230000003000 1710240000001000 The following right of way is included in this annexation: The south half and full right of way of Cherry Tree Road. The full right of way of River Road. Portions of the Hazel Dell Parkway right of way not included in the original annexation of Hazel Dell Parkway. 9