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HomeMy WebLinkAboutC-215 South Monon Trail, As AmendedDULY ENI'EI Et3 P0R . Sbbjecrto final acceptance for day of ,20 ,~f-..'~ ~Au~litorofl.larriiltonCoum~ OR])INANCE NO. C-215 Parcel # AS AMENDED Sponsored By: Councilors Snyder, Koven and Wilson 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 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 Cannel; 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 190 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 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 200200079576 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 10-23-2002 03:39 pm. ANNEXATION 21.00 Sponsored By: Councilors Snyder, Koven 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. In accordance xvith 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, 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. 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 Snyder, Koven and Wilson PASSED by the Common Council of the City of Carmel, Indiana, this ~'/4~day of '~)/~Od~ ,2002, by a votc of ~7 ayes and 0 nayes. COMMON COUNCIL OF THE CITY OF CARMEL Wayne X ~ilson, President Pro Tempore /.~nald E. Carter-- ATTEST: z Diana L. Cordray, IAMC, cIerk-Tr~asurer r ./1 Presented by me t%~&~e Mayor of the City of C~el, Indiana this ~ day of ~ ,2002, at ff~.M. ~, ~ l ~i~a L Co,dray, ~mC, C~k-~a~u~ Approye~ by me, Mayor of the City of Camel, Indi~a, thi~/ day of )~g tJ , 20o2,~t ~ ~. ( ~es Brained, Mayor / ATTES~ ~G~ Diana L. Cordray, IAMC, Cl~k-Tre/~urer Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Co nunerce Bldg. 320 N. Meridian Street Indianapolis, IN 46204 Sponsored By: Councilors Snyder, Koven and Wilson EXHIBIT B LEGAL DESCRIPTION then proeeeding ..eas~-ward;.-along-. the- somhern....bounda~-y-.~f4qami.ttoa ~ou~y-to-the-~mt-'-of mtersecttota w:tNthe-east.~,ght~of.'a, ay4me-.of VCes{f~etd-13outevard faX:a: R-arrgehae ..... g the~..~.' ..~,,..";"~'* of way ,.,~-of Road) to the pomt. of.mtersee~4o~-.~a~th4he-south.nght, ofway ht~e of-99 then- pi, eeeeding- -wes~w.a:~d ~ atoi~g..the--.no~them..bounda~y.of-pa~c-et .~ umbe~.- [ ~743-t-2410-00-002~ as-s~ovaaoi~-t-tamilton gount-¥ map-*mmbe~4 34.2-00~o the-no~thw-est ~ome[ of-smd parcel, t ..... v ......... ~, .............. ~-b ....... j ...... ~.~.Lt¢13 12 90 90 OO2. to the poinCof-inte~se~tion-.~ ifl~ ~he tm~hwest~eome.t:.o.f pa~eet-. LT-t. 3- t 2-00-00-(.)06~ ..... = ..................... : ~smd- p .............. r ..... and including a~-r~ad~nght~f~vay~mside~4ami4t~n~umy-whie~4s~a~ae~m..t~-these~b~um~m5es Part of the Southwest and Southeast Quarters of Section .!2, Township 17 North, Range 3 East; Beginning at the point of intersection of the north riO~t of way qf 1-465 (the_r_ight of way of 1-465 c..~ijLci_d_i!~g_ _wi_t.k..th_e co~:p~:a.~ t~ottrLd_a._fi..e.~ of tl~..Citv of C~r~l) p_arcel g_um~be_r.j 7-J _3-12-OOzQQ.rQ.96. a.s._s_l~qxvn on.I ami!,0, .Cqu~ty map.quqtb.._er_!3-_.L2_-00~ Sponsored By: Councilors Snyder, Koven and Wilson then proceeding southeastward, along the northern right of way of 1-465 to the point of · 9 th intersection with the southern boundarx of Haml ton County. (,yhlch ~s generall7 located at 6 then proceeding eastward, along the southern boundary of Hmnilton County to the point of Ln.!~r_s_e_c...t..~9~_w_iLh..~..~t rj~gh.t...9~w~...!..i...n..~ 9~.~[~..e.l~[ ~9[~!.~3/grd (a,[~,~, ~r[g~Jj~.....R....o....a.~.)., then proceeding northward along the east right of way line of Westfield Boulevard (a.k.a ..Rangeline Road) to the point of intersection with the north right of way line of 99th Street, Lh_e.n_.proceeding gen~?J.!y_~9~sL!v._ar._d~_~ac_rr0_~_S..W.q_s.t..fie_ld B~_o..u_le_,.a..rg. the west right of way line of Westfield Boulevard and the northern boundary of parcel number 17-13-12-00-00-003, as shown on Hamilton County map number 13-12-00~ shown on Hamilton Count~_map number 13-12-(~9~ to the northwest comer of said parcel, then proceeding westxy3rd, along the northern boundary of parcel number 17-13-12-00-00-002, then proceeding southward along the western boundary of said parcel 17-13-12-00-00-002, to the point of intersection wi th the northwest comer of parcel 17-13 - 12 -00-00-006, beginning, containing 190 acres, more or less, 263273