Loading...
HomeMy WebLinkAboutC-241 106th Street, As AmendedDULY ENTERED FOR TAXATION o Subject to final acceptance for transfer ~ ~ ~ Auditor of Hamiltoo Coo~ Parcel ¢ O INANC NO. C- 41 AS AMENDED SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300041876 Filed fo~ Reeo~ ' HnMILTON COUNTVZ }~DI~Na JENNIFER J HAYD~N ..... 05-01-2003 At 03:14 pm. ANNEXATION 24.00 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 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 Councii 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 9.52 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 heating, 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 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 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 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. 5. 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 unenfomeable 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/~44'day of )xJ6i~_rn_h~r' 2002, by a vote of ~ ayes and (~ nayes. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL ~(~~1 ing Officer Wa~e Wilkon, President Pro Tempore ~. r&en ~L. ~eall~~~ ~~.~ / ~TEST: D~a L. Cordray,~, Clerk-~reasure~ k~k//(f~ Pre.sented by me to the Mayor of the City of Carmel, Indiana this 7)-/%-kday of ~q~, 2002, at ti :~ ~.M. ~[~ ~[e[ Di~a L. Cor~a~, Clerk-¢reasurer at ll App~roved by me, Mayor of the City of Carmel, Indiana, this~/day of ff/t9//, 2002, Ja.VIes Brainard, Mayor ATTEST: Diana k. Cordray,blAxX~, derk-T~sU~n~ 2 Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, 1N 46204 3 IllTH ST J EXHIBIT B LEGAL DESCRIPTION REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-241 Part of the Southeast Quarter of Section 5, Township 17 North, Range 4 East and the Northeast Quarter of Section 8, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the point of intersection of the southwest comer of Parcel # 1714050000011000 and the north right of way line of East 106th Street, then proceeding northward along the western boundaries of parcel #1714050000011000 and parcel #1714050000009000, and along the eastern boundary of the Saint Elizabeth Ann Seton Catholic Church, to the north~vest comer of said parcel #1714050000009000 (coincident with the corporate limits of the City of Carmel), then proceeding eastward along the northern boundary of parcel # 1714050000009000, and the southern boundary of the Saint Elizabeth Ann Seton Catholic Church, to the northeast comer of said parcel #1714050000009000 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1714050000009000, and along the western boundary of the Saint Elizabeth Ann Seton Catholic Church, to the southeast comer of said parcel # 1714050000009000, said point being located on the north right of way line of East 106t~ Street (coincident with the corporate limits of the City of Carmel), then proceeding southward across the north half right of way of East 106th Street to a point on the centerline of East 106tb Street (coincident with the corporate limits of the City of Carmel), then proceeding eastward along the centerline of East 106th Street to a point on the centerline directly north of the northeast comer of parcel #1714080000006001 (coincident with the corporate limits of the City of Carmel), then proceeding southward across the south half right of way of East 106th Street to the northeast comer of said parcel #1714080000006001, said point being located on the south right of way line of East 106th Street (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastem boundary of parcel #1714080000006001, and along the western boundary of the Blue Creek Woods Estates subdivision, to the southeast comer of said parcel #1714080000006001 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundaries of parcel #1714080000006001 and parcel #1714080000006000, and along the northern boundary of the Blue Creek Woods Estates subdivision, to the southwest comer of parcel # 1714080000006000 (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcel # 1714080000006000 to the point of intersection with the southern boundary of parcel #1714080000004001, and along the eastern boundary of the Blue Creek Woods Estates subdivision (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1714080000004001, and along the northern boundary of the Blue Creek Woods Estates subdivision, to the southwest comer of said parcel # 1714080000004001 (coincident with the corporate limits of the City of Carmel), then proceeding westward and southward along the southern and eastern boundary of parcel #1714080000003000, and along the northern and western boundary of the Blue Creek Woods Estate subdivision, to the southeast comer of said parcel #1714080000003000 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1714080000003000, and along the northern boundary of the Blue Creek Woods subdivision to the southwest comer of said parcel #1714080000003000 (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcel #1714080000003000, and along the eastern boundary of the Williamson Run subdivision, to the northeast comer of said parcel #1714080000003000, said point being located on the south right of way line of East 106~h Street (coincident with the corporate limits of the City of Carmel), then proceeding northward across the south half right of way of East 106th Street to a point on the centerline o f East 106t~ Street (coincident with the corporate limits of the City of Carmel). then proceeding eastward along the centerline of East 106th Street to a point on the centerline directly across from the southwest comer of parcel #1714050000011000 (coincident with the corporate limits of the City of Carmel), then proceeding nor~thward across the north half right of way of East 106t~ Street to the southwest comer of said parcel #1714080000011000 and to the point of beginning (coincident with the corporate limits of the City of Carmel), containing 9.52 acres more or less. This annexation includes the following parcels: 1714080000003000 1714080000006000 1714080000004001 1714080000006001 1714050000009000 1714050000011000 1714050000010000 The following right of way is included in this annexation: The south half and full right of way of East 106th Street