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HomeMy WebLinkAboutC-229 Mosbough, As AmendedDULY ENTERED T XATION Subj. ct tO final acceptance for transfer . tq- Parcel SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON ORDINANCE NO. C-229 AS AMENDED Instrument 200300025681 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 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 5.22 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 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 200300025681 Filed for Record in HAMILTON COUNTY~ INDIANA JENNIFER J HAYDEN 03-14-2003 09:18 am, ANNEXATION 19.00 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 mariner 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. 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 fi.om 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//~ay of ~2002, by a vote of ~,/ and 0 nayes. ayes SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL Wayne ~/v'ilson~President Pro Tempore ./~nald E. Carter ATTEST: Luci Snyder p Pres. ented by me to the Mayor of the City of Carmel, Indiana this ]t~"-day of ~ 2002, ~ord~ d ~~~C ,~ lerk-T/re~ Approved by me, Mayor of the City of Carmel, Indiana, this/~dagy of ~.4',/~/~ 2002, at Brainard, Mayor ATTEST: Diana L. CordYay,kJ~MC, C'~erk-Treasure'r Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, 1N 46204 EXHIBIT B LEGAL DESCRIPTION REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-229 Part of the Southwest Quarter of Section 28, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the point of intersection of the northwest comer of Parcel # 1710280000047000 and the south right of way line of 131st Street, then proceeding directly northward to the half section line of Section 28, Township l 8 North, Range 4 East (corresponding to the approximate ceuterline of 131 st Street and coincident with the corporate limits of the City of Carmel), then proceeding eastward along the half section line and centerline to the point of intersection with the northern extension of the eastern boundary of Parcel #1710280000047000 (coincident with the corporate limits of the City of Carmel), then proceeding southward to the northeast comer of parcel 1710280000047000, said point being located on the south right of way line of 131 ~t Street (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710280000047000, and along the western boundary of the Carmel Clay School Corporation, to the southeast comer of said parcel # 1710280000047000 (coincident with the corporate limits of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710280000047000, and the northern boundary of the Carmel Clay School Corporation, to the southwest comer of said parcel # 1710280000047000 (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcel #1710280000047000, and along the eastern boundary of the Mohawk Crossing subdivision, to the north~vest comer of parcel #1710280000047000 and to the point of beginning (coincident with the corporate limits of the City of Carmel), containing 5.22 acres more or less. This annexation includes the following parcels: 1710280000047000 The following right of way is included in this annexation: The south half right of way of East 131~t Street.