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HomeMy WebLinkAboutC-210 Mt. Carmel, As Amended v', C() . d::i.. . @~)/ SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300012375 Filed for Record in HAMILTON COUNTY~ INDIANA JENNIFER J HAYD~N 02-04-2003 04:1& pm. ANNEXATION 27.00 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 A , ./ t{ 1 ' i1\f ORDINANCE NO. C-210 AS AMENDED 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 "Armexation Territory"); and WHEREAS, the Armexation Territory is contiguous to the existing city limits of the City of Carmel; and WHEREAS, a map describing the boundaries of the Armexation Territory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Armexation Territory is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Armexation Territory consists of approximately 2,200 acres; 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 Armexation Territory; and WHEREAS, the written fiscal plan and definite policy adopted by resolution will provide for the provision of services of a noncapital nature (including police protection, fire protection, street and road maintenance, and other noncapital services normally provided within the corporate boundaries of the City) to the Armexation 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 ofland use, and population density; and DULY ENTERED FOR TAXATION Subject to final acceptance for transfer ~day of ~ .Ar- ,20.Qj I!..~ ~ Auditor of Hamilton County Parcel # SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON WHEREAS, the written fiscal plan and definite policy adopted by resolution will provide for the provision of services of a capital nature (including street construction, street lighting, sewer facilities, water facilities and stormwater drainage facilities) 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 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: I. The above recitals are incorporated herein by reference as though fully set forth herein below. 2. In accordance with LC. 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.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. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON P ASA by the Common Council of the City of Carmel, Indiana, this 5Th day of C I fJlll A.. ;f> , 2002, by a vote of U ayes and (J nays. COMMON COUNCIL FOR THE CITY OF CARMEL ilson, President Pro Tempore Diana 1.. Cordray, IAMC, Cler -Treas rer a. P~e~ented byme to the Mayor of the City of Carmel, Indiana this:> day of -----0-' 2002, at ~: (() P.M. . Diana 1.. Cordray, IAMC, Clerk- Treasur Appr;7bed by me, Mayor of the City of Carmel, Indiana, this stf;y of /;l 2002, at () P.M. ~ Diana 1.. Cordray, IAMC, Clerk-Tre sur r Prepared By: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, Indiana 46204 279410 3 Exhib,t A 7 L _?: I \~ ~------: REVISED LEGAL DES<;RIPTIONJ~-210) Part of Section 21: Section 22: Section 23: oart of Section 24: oart of Section 25: oart of Section 26: oart of Section 27: and oart of Section 28 all in Townshio 18 North. Range 3 East in Clay Townshio. Hamilton Countv. Indiana. being more oarticularly described as follows: Beginning at the ooint on the north right of wav line of 136th Street. directlv north of the northeast corner of Darcel 17-09-26-00-00-06-007.000 (coincident with the coroorate boundary of the Citv of Carmel. the half section line of Section 26. T ownshio 18 North. Range 3 East and the half section line of Section 23. Townshio 18 North. Range 3 East). then oroceeding westward. along the north right of wav line of 136th Street (coincident with the coroorate boundary of the Citv of Carmel) to the ooint of intersection with the northward extension ofthe eastern boundary ofoarcelI7-09-27-00-00-013.002. then oroceeding directlv southward across the right of wav of 136th Street to the northeast corner ofoarceI17-09-27-00-00-013.002. then oroceeding southward. westward and northward along the coroorate boundary of the City of Carmel (which coincides with the eastern. southern and western boundaries of oarcel 17-09-27- 00-00-013.002) to the northwest corner of said oarcel. then oroceeding directlv northward across the right of wav of 136th Street to the north right of wav line of 136th Street (coincident with the coroorate boundary of the Citv of Carmel). then oroceeding westward. along the north right of wav line of 136th Street (coincident with the coroorate boundary of the city of Carmel) to the ooint of intersection with the northward extension of the western boundary of oar eel 09-27-02-01-036.000. then oroceeding directly southward across the right of wav of 136th Street to the northwest corner of oar eel 09-27-02-01-036.000 (coincident with the coroorate boundary ofthe Citv of Carmel). then continuing westward. along the southern right of wav line of 136th Street to a ooint directlv south of the southwest corner ofoarceI17-09-21-00-04-011.000. then oroceeding northward. to the southwest corner of Darcel 17-09-27-00-04-011.000. and continuing northward. along the western orooertv boundaries ofoarcels. as follows: 17-09-21-00-04-010.000. 17-09-21-00-04-009.000. 17-09-21-00-04-008.000. 17-09-21-00-04-007.000. 1 7-09-21-00-04-006.000. 17-09-21-00-04-005.000. 17-09-21-00-04-004.000. 17-09-21-00-04-003.000. 17-09-21-00-04-002.000. 8 17-09-21-00-04-001.000. 17-09-21-00-03-020.000. 17-09-21-00-03-021.000. 17-09-21-00-03-022.000. and 17-09-21-00-06-036.000. to the ooint of intersection with the southern right of way line of 141 st Street. then oroceeding westward. along the southern right of wav line of 141 st Street. to the ooint of intersection with the western right ofwav line of Towne Road. then oroceeding northward. along the western right of wav line of Towne Road to a ooint directlv west of the northwest corner of oarcel 17-09-21-00-00-001.001 (therebv including the Maebeck Commons Subdivision). then oroceeding eastward to the northwest corner of Darcel 17-09-21-00-00-001.001. and continuing eastward to the northeast corner of said oarcel. then oroceeding southward. along the eastern boundary of said oarcel. to the ooint of intersection with the northern boundary of oarcel 17-09-21-00-00-002.000 (at aooroximatelv the northwest corner of oarcel 17-09-21-00-00- 002.000), then oroceeding eastward. along the northern boundary ofoarceI17-09-21-00-00-002.000. to the ooint of internal northwest corner of oarcel 17-09-21-00-11-033.000 (in the western oortion of the Saddle Creek Subdivision). then oroceeding northward. along the western boundaries of oarcels. as follows: 17-09-21-00-11-033.000 17-09-21-00-11-032.000 1 7 -09-21-00-09-018.000 17-09-21-00-11-017.000 17-09-21-00-11-016.000 17-09-21-00-11-015.000 17-09-21-00-08-052.000 17-09-21-00-02-005.000 17-09-21-00-02-004.000 17-09-21-00-02-003.000 17-09-21-00-02-002.000 17-09-21-00-02-001.000 (in the Saddle Creek Subdivision and the Autumn Wood Farms Subdivision). to the ooint of intersection with the south right of wav line of 146th Street (which is under the iurisdiction of Hamilton Countv bv virtue of a formal Interlocal Agreement between the City of Carmel. the Town of Westfield and Hamilton County. Indiana concerning 146th Street). then oroceeding eastward. along the southern right of wav line of 146th Street to the ooint of intersection with the coroorate limits of the citv of Carmel (located at aooroximatelv the northeast corner of oarcel 17-09-24-00-00-008.000. (adiacent to the far northwest corner of the 9 Cedar Lakes Subdivision. which adioins the northeastern corner of the Hunters Creek Subdivision). then oroceeding southward. westward. southward. westward and southward along the western and northern boundaries of the Cedar Lake subdivision to the ooint of intersection with the northern boundary of the Roher Meadows subdivision (coincident with the coroorate limits of the City of Carmel). then westward. southward and westward along the northern boundary of the Rohrer Meadows and Rohrer Woods subdivisions. across the right of wav of Oak Ridge Road to the west right of way line of Oak Ridge Road (coincident with the coroorate limits of the Citv of Carmel), then southward along the west right of wav line of Oak Ridge Road to a the ooint of intersection with the westward extension of the boundary between Rohrer Woods and Hunters Creek (coincident with the coroorate boundaries of the City of Carmel). then eastward across the right of wav of Oak Ridge Road and along the southern boundary of Rohrer Woods and Rohrer Meadows to the ooint of intersection with the western right of wav line of Rohrer Road (coincident with the coroorate boundaries of the Citv of Carmel), then continuing along the coroorate boundary of the Citv of Carmel eastward. across the right of wav of Rohrer Road. and continuing eastward along said coroorate boundary to the ooint of intersection with the west right ofwav line ofthe Old Monon Railroad. then southeastward along the west right of way line of the Old Monon Railroad to the ooint of intersection with the northern boundary of the Autumn Lake (coincident with the coroorate boundaries of the Citv of Carmel). and westward. along the coroorate boundary of the Citv of Carmel to the ooint of intersection with the west right of way line of Rohrer Road. then oroceeding southward along the west right of wav line of Rohrer Road. which coincides with the coroorate boundary of the City of Carmel. to the ooint of intersection directly west of the northwest corner of oar eel 17-09-24-04-09-001.000. then oroceeding eastward across the right of wav of Rohrer Road and along the coroorate boundary of the citv of Carmel to the ooint of intersection with the western right of wav line of US Highway 31. then oroceeding northeastward on the west right of wav line of US Highway 31 and along the coroorate boundary of the City of Carmel. to the west right of way line of the Old Monon Railroad. then turning southeastward, along the coroorate boundary of the Citv of Carmel (which coincides with the Old Monon west right of way line). to the ooint of intersection with the centerline of 136th Street (also coinciding with the coroorate limits of the City of Carmel). 10 then oroceedinl! westward and southwestward. along the coroorate limits of the City of Carmel (following the centerline of 136th Street). to the ooint of intersection with the centerline line of Old Meridian Street and the centerline of Guilford Avenue (which coincides with the coroorate limits of the City of Carmel). then oroceeding southwestward. along the coroorate limits of the City of Carmel (along the centerline of Old Meridian Street) to the ooint of intersection with the centerline of 131 Street (West Main Street). then westward along the centerline of 131 st Street to the ooint of intersection with the west right of way line of Old Meridian Street (coincident with the coroorate limits of the City of Carmel). then oroceeding southwestward along the west right of way line of Old Meridian Street to the southeast corner of oarcel 17-09-26-04-01-027.000 (coincident with the coroorate limits of the City of Carmel). then oroceeding westward. along the coroorate boundary of the City of Carmel. to the southwest corner of oar eel 17-09-26-04-01-027.000. then oroceeding northward. along the coroorate boundary of the City of Carmel (and along the western boundary of oarcels 17-09-26-04-01-027.000 and 17-09-26-04-01-026.000). to the northwest corner ofoarceI17-09-26-04-01-026.000. then oroceeding westward. along the coroorate boundary of the Citv of Carmel (and along the southern boundary of oarcels 17-09-26-04-01-025.000 and 17-09-26-04-01-009.000) to the southwest corner ofoarceI17-09-26-04-01-009.000. the northward along the coroorate boundary of the Citv of Carmel (and along the western boundary of Darcel 17-09-26-04-01-009.000) to the southeast corner of oarcel 17-09-26-04-01- 007.000. then westward along the coroorate boundary of the City of Carmel ( and the southern boundaries ofoarcels 17-09-26-04-01-007.000. 17-09-26-04-01-006.000. 17-09-26-04-01-005.000. and 17- 09-26-04-01-004.000) to the southwest corner ofoarcelI7-09-26-04-01-004.000. then oroceeding northward. along the coroorate boundary of the City of Carmel (which coincides with the western boundary ofoarceI17-09-26-04-01-004.000)' across the south right of way line of 131 st Street to the ooint of intersection with the centerline of 131 st Street. then oroceeding westward, along the coroorate boundary of the City of Carmel (which coincides with the centerline of 131 st Street) to the ooint of intersection of the northern extension of the eastern boundary of oar eel 17-09-26-04-01-003.000. then oroceeding southward across the right of way of 131 st Street and along the coroorate boundary of the Citv of Carmel to the southeast corner of oar eel 17-09-26-04-01-003.000. 11 then oroceeding westward along the coroorate boundary of the City of Carmel (and the southern boundaries of oarcels 17-09-26-04-01-003.000 and 17-09-26-04-01-002.000) to the southwest corner ofoarcelI7-09-26-04-01-002.000. then oroceeding northward. along the coroorate boundaries of the Citv of Carmel (which coincides with the western boundary of oarcel 17-09-26-04-01-002.000). across the south right of wav line of 131 st Street to the ooint of intersection with the centerline of 131 st Street. then continuing westward, along the coroorate limits ofthe City of Carmel (which coincides with the centerline of 131 st Street) to the ooint of intersection with the northern extension of the eastern right of wav line of Pennsylvania Street (which coincides with the half section line of Section 26. Townshio 18 North. Range 3 East). then oroceeding northward. along the coroorate boundary of the Citv of Carmel (which coincides with the half section line of Section 26. Townshio 18 North, Range 3 East). oast the ooint of intersection with the northern right of wav line US Highwav 31. to the ooint of beginning. containing acres. more or less. and including all otherwise un-annexed right of way located adiacent to the annexation territorv. in accordance with IC36-4-3-2. 279410 12