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HomeMy WebLinkAboutC-214 Morgan-Hart, As AmendedDULY ENTEI I B I O ' TION SL bject tc?finaJ aOC ep[uncs for transfer day of , ~& ~ Aud~or 0~ Hamilton Cou~iNANcE NO. C-~I 4 Parcel · AS ~ENDED SPONSORED BY: COUNCILORS KOVEN, SNYDER 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 o£ Cannel ("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 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 855 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 noncapitaI services provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density; and 200200079577 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 10-23-2002 03:39 pm, ANNEXATION 25.00 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 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 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 ,//P~ASSED by the Common Council of the City of Carmel, Indiana, this /~7-/YVday of ,2002, by a vote of ~ ayes and {') nays. COMMON COUNCIL FOR THE CITY OF CARMEL esiding 0fflc . "~v~ayne IWilson,"President Pro Tempore ~-.~'ea~,.f~.~~ N.L. Rundle /o~al~l~i Carter ATTEST: I~ana L. Cor~ay~AM~J~lerl~-Treasur~./ ' :] Presented! ~/~ ), 2002,bY meat ~'~t° the Mayorp.M.of the City of C~el, Indi~a thick'+day of A~o~d by ~e, ~ayo~ o~ Ci~ ofC~el~ ~d~a, t~/ day of '~ ~ ~es Brained, Mayor ATTEST: Diana L. Cord~Jy?,A~(~SC17~!~-Trefi. sure[ Prepared By: 279413 Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, Indiana 46204 EXHIBIT B LEGAL DESCRIPTION City n~ an O0 n~ nm R~VISED LEGAL DESCRIPTION C(C-214) Part of the East Half of Section 8; Part of Section 4; and part of the West Half of Section 9, all in Township Section 17 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the point of intersection of the west right of way line of Gray Road with the southern boundary of parcel number 17-14-08-00-00-014 (which is currently coincident with the corporate limits of the City of Carmel), then proceeding westward along the southem boundary of said parcel to the southwest comer of said parcel, then proceeding westward along the southern boundary of parcel 17-14-08-00-00-012-002 to the southwest comer of said parcel, then proceeding northward along the western boundary of parcel 17-14-08-00-00-012-002 to the northwest comer of said parcel, which is coincident with the southwest comer of parcel 17-14- 08-00-00-012-001, then proceeding northward along the western boundary of parcel 17-14-08-00-00-012-001 to the northwest comer of said parcel, then proceeding generally northward, westward, eastward and northward, along the southern and western boundaries of parcel 17-14-08-00-00-011-001 and the western and northern boundaries 6 of parcel number 17-14-08-00-00-011 to the southwest comer of parcel 17-14-08-00-00-008 (all of which coincide with the current corporate boundaries of the City of Carmel) then proceeding northward along the western boundary of parcel number 17-14-08-00-00-008 to the northwest comer of said parcel, then proceeding directly northward to the point of intersection with the centerline of 106th Street (which is also coincident with the corporate boundaries of the City of Carmel), then proceeding generally eastward along the current corporate boundaries of the City of Carmel (coincident with the centerline of 106th Street) to the point of intersection with the southward extension of the eastern right of way line of Gray Road (which also coincides with the corporate limits of the City), then proceeding northward, along the eastern fight of way line of Gray road, to the point of intersection with the northern boundary of parcel 17-14-04-00-00-019, then proceeding eastward, northward and eastward along the corporate limits of the City of Carmel (which also coincides with the northern and western boundaries of parcel number 17-14- 04-00-00-019 to the point of intersection with the southem boundary of parcel number 17-14-04- 00-00-018, then proceeding northward, along the current corporate limits of the City of Carmel (which coincides with the western boundaries of parcels 17-14-04-00-00-018 and 17-14-04-00-00-007 to the point of intersection with the southern fight of way line of 116th Street (which is also coincident with the corporate boundaries of the city of Carmel, then proceeding eastward, along the corporate boundaries of the City of Carmel (which is generally coincident with the southern right of way line of 116th Street), to the point of intersection with the western right of way line of Hazel Dell Parkway (which is also coincident with the corporate limits of the City of Carmel), then proceeding generally southward, along the western right of way line of Hazel Dell Parkway (which coincides with the corporate limits of the City), to the point of intersection with the southern boundary of Hamilton County (which generally coincides with 96th Street), then proceeding westward, along the southern boundary of Hamilton County to the point of intersection with the centerline of Gray Road (which coincides with the corporate boundaries of the City of Carmel), then proceeding northward, along the corporate boundaries of the city of Carmel (generally coinciding with the centerline of Gray Road) to a point directly east of the southeast comer of parcel number 17-14-08-00-00-014.000, then westward to the point of beginning, containing 855 acres, more or less, and including all adjacent public road right of way inside Hamilton County which has not been previously annexed by the City of Carmel. 279413