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HomeMy WebLinkAboutC-211 College Ave, As Amended (465 to 96th)Parcel # Sponsored By: Councilors Koven, Snyder and Wilson ORDINANCE NO. C-211 AS AMENDED 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 plarming, 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 6 acres; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near future; 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 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 topo~aphy, patterns of land use, and population density; and 200200079580 Filed for Recora in HAMILTON COUNTY, INDIANA MARY L CLARK 10-23-200~ 03:39 pm. ANNEXATION 21.00 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 for[h 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. 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, sente~ces 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. Sponsored By: Councilors Koven, Snyder and Wilson PASSED by the Common Council of the City of Carmel, Indiana, thisgO~q~ay of ')~/71 J~, ,2002, by a vote of ,~ ayes and 0 nayes. COMMON COUNCIL OF THE CITY OF CARMEL Diana L. Cordray, IAMC, Cler~-Trea/urer / ~ Presented by me~tp .Jh'~wqVIayor~ / of the City of Carmel, Indiana this OQ/.~?'~ay of ~{AC.x~, , 2002, at ~)~':~M. F~ d Diana ~.~C o~ c'~r ay,~'~IAM_ C, Qler~k Treasurer Approved by me, Mayor of the City of Camel, Indiana, thi~y of ~ ~ , 2002, at ~C' ~.M. a *~ ~ ~es Br~nard, Mayor Di~a E. Cor&ay, IAMC, Cler~easurer Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, IN 46204 Sponsored By: Councilors Koven, Snyder and Wilson EXHIBIT B LEGAL DESCRIPTION th~_.pr_oeeedim3., no~hwar4~. along-*ho- -eorpemte-..hmits....of .the- -g~t-y- of.-~G.-an~ae[ -{g ....... ly ;-~;~ wi ....... ~ ........... of (~) to the },.,:,~ then.eas,ward.-ato.n g the.souhh..n g ht.of-.way.}ine-e~f446-5-{atse..emnetden*-~dth-~the-em~ .... ti .... ~'~ !,7 13 !2 03-04-Og64g~h as -^+~'~ ;- m ...... .~ ~cm~ u~;~,~- r. .... ~., n...~a.... the-south;;ardr-aton.g4he-easte~ ~ botmdames.-ot: pamets n ......... , t-7-t3 tg 03 03 0-2-54)00~ 4-7.- 12 !2 rnx~.~ OAl O2A-000,. 17 13 13 !2 03 04 ..... -and ..... northem-.pmpe~y botmda~y ot:.pamet-tY-t3-12-03-04-0 V~-.eoineident.-,witt~.lhe~,~ori3o~ate4imits of theCity.~.f Cam~eL ,,vilh.-.the-eoi'pewate [~m.~ts. of,the City-of Gai-~nel~-to.the..northeast.eomet, ot:.said-par-a~ hhe~r-oceedmg- westward, aton= l:he southern bo ..... ~y ~f ..ami-ltorv42 ..... j 40 the-t..~,nt of and-.i:netudi~g altq,oad, nght of way inside 14amitton Geumy whieh4sadjacem..to-.these boundaries vqhic4~.-vcas not.previoust.y.mmexed by.4heGity-ol~ GarmoL Part of the Southwest Quarter o f Section 12, Township 17_N_orth, Range 3 East, Clay Township, Hamilton County, In__..diana, bei~3g more particularly described as follows: B..eg. nn ~ng...a.t...l.h~ pp .r![.gf m.~rscction of_the s_o~.¢h..b.9_u_n.d:a~ 9.[Ha.~il~qn...C..9_u_n~.~(at 96th Street) m~d the existing corporate limits of the city of Can_riel, whichjs general__Jy located coincident with the centerline of College Avenue. Sponsored By: Councilors Koven, Snyder and Wilson then proceed ng northward,_alo g the corporate 1 mits of the City of Carmel (gener_al~y coincident with the centerline of College Avenue) to the point of intersection with the south right. of way line of 1-465, then eastwards_along the south r eht of way line of I-465~so coincident with the corporate limits of the City of Carmel), to~ t-!l~e point of intersection with the eastern property boundary of parcel number 17-13-12-03-04-026-_00_l)C45_B9ted in the records of the Hamilton County Auditor, i"~'i"~6'~)4-024-000, 17-13-12-03 -04-023 -000~ 17-13 - 12-03 -04-022, 17-13-12-03-04-021, 17- 13-12-03-04-020,_and parcel number 17-13-12-03-04-019, to the point of intersection with the then proceeding eastward, alo!ng the northern boundary of parcel 17-13-12-03-04-017, to the northeast corner of said parcel tcoincident with the corporate limits of lhe City of Carmel), theB~j'oceed ng southward~,.a otlg the eastern bound_arE of~arcel 17-13-12-03-04-017 to the southeast corner of said parcel lcoincident with the corporate limits of the City of Carmel), then c ontinuing.~9_t.[t-_h__w_~_~t_ _a_l. c~ southern boundary of Hamilton Cognty (g~n_e. rally considered to be 96t~' Street)~ _bCgiB. n_n_g, cont_a_ i~ai ng..6_., ac_r. _es and including all road right o__ f ~x a7 inside Hamilton County which is adjacent to these boundaries which was notpre¥ ously annexed by the C~ty of Carmel. 263255