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Home My WebLink AboutC-248 Donnybrook, As Amended ENTERED FOR TAzmlON c- S bject to final acceptance for transfer ,>,~.~,~ ~ Auditor of Hamilbn CoulT~ Parcel ORDINANCE NO. C-248 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300041879 Filed for Reem-d in HAMILTON COUNTY, INDIANA AS AMENDED ANNEXATION 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 CORPORATION BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL JENNIFER J HAYDEN 05-01-2003 At 03:14 pm. 24.00 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 Cannel, 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 16.80 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 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: 1. The above recitals are incorporated herein by reference as though fully set forth herein below. 2. In accordance with I.C. 36-4-3-4, the Amaexation 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. 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 /~r~ay of k~_.ffl/~Ot[21tr', 2002, by a vote of ~ ayes and 0 hayes. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL r~ding °ffice~ ~ ) Wayne Wilson, President Pro Tempor¢ z~gdald E. Carter ATTEST: Diana L. Cordray, ~(~ierk-Tre~urer ~k/' ~/d~ Presented by me to the Mayor of the City of Cannel, Indiana this(~'~day of 6~5)~V', 2002, at I 1:06c~ .M. ¢~of ,~/~t./,2002, Approved by me, Mayor of the City of Carmel, Indiana, this----, day at////~ /~'M' /~rainar ATTEST: (-~ Diana L. Cordray,~,~T a~surer ~e ~. Gsll~her, De~uty, Cl~rk 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, tN 46204 ST EXHIBIT B LEGAL DESCRIPTION REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-248 Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Begi~ming at the po~t of intersection of the northeast comer of Parcel g171301020200100 and the south right of way line ~fEast 116 Street, said point being the northeast corner of the in the Donnybrook Woods subdivision and the northwest corner of parcel # 1713010202002000, then proceeding southward along the eastern boundary of the Donnybrook Woods subdivision, and along the western boundaries of parcel #1713010202002000 and parcel #1713010202005000, to the southeast corner of parcel #1713010202006000, said point being the southeast corner of the Donnybrook Woods subdivision (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of the Donnybrook subdivision, and along the northern boundary of parcel #1713010000018000, to the southwest corner of parcel #1713010201019000, said point being the southwest corner of the Donnybrook Woods subdivision and located on the east boundary of the Mnnon Greenway (coincident with the corporate boundaries of the City of Carmel), then proceeding westward across the Monon Greenway, to the southeast corner of parcel # 1713010106003000, said point being located on the western boundary of the Monnn Greenway and at the southeast corner of the Cypress Estates subdivision (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1713010106003000, and along the northern boundary of parcel #1713010000022000, to the southwest corner of parcel #1713010106003000, said point being the southwest corner of the Cypress Estates subdivision and the southeast corner of the Guilford Park subdivision (coincident with the corporate limits of the City of Carmel), n roceedin northward along the western boundary of the Cypress Estates subdiv!sion, and alo. n.~ t~he easte~ the p g .. .. _ . .~_~.~,~^~,hesouthri~,htofwayhneofEastlio street, sa boundary of the Guilford Park snnniv~s~on, to a pmnt tu~.at,~u v.u. ~ point being the northwest corner of parcel #1713010106001000 and the Cypress Estates subdivision (coincident with the corporate limits of the City of Carmel), then proceeding westward along the south right of way line of East 116~h Street and along the northern boundary of the Cypress Estates subdivision, across the Monon Greenway, along the northern boundaries of parcel #171301000005000, parcel #1713010000006000, parcel #1713010000007000 and along the northern boundary of the Donnybrook Woods subdivision, to the northeast corner of the Donnybrook Woods subdivision and the point of beginning (coincident with the corporate limits of the City of Cannel), containing 39.68 acres more or less. This annexation includes the following parcels: 1713010201001000 1713010201004000 1713010201007000 1713010201010000 1713010201013000 1713010201002000 1713010201005000 1713010201008000 1713010201011000 1713010202006000 1713010202008000 1713010202011000 1713010202001000 1713010201016000 1713010201019000 1713010202009000 1713010202012000 1713010201014000 1713010201017000 1713010201020000 1713010201022000 1713010201025000 1713010000005000 1713010106003000 1713010201023000 1713010000007000 1713010106001000 1713010000025000 1713010201003000 1713010201006000 1713010201009000 1713010201012000 1713010202007000 1713010202010000 1713010202013000 1713010201015000 1713010201018000 1713010201021000 1713010201024000 1713010000006000 1713010106002000 The following right of way is included in this annexation: The full right of way of Ralston Avenue, Donnybrook Drive and 115th Street. 6