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HomeMy WebLinkAboutC-233 Renihan/Berry, As Amended DULY ENTERED FOR TAXATION subje'ct to final acceptance fOr transfer ,,, /'~ day of, _~/?~(~7') ,20 ~,~ ~ Auditor of ~arcel ~ O~INANCE NO. C-233 AS AMENDED ~ · ~7~, ~ AN O~INANCE OFTHE COMMON COUNCIL OFTHE CITY OF c mtL, Nm A, ANN nN¢ CSaTA N T mTOaY TO C~f¢ THE CITY OF CA~EL, INDI~A, PLACING THE SAME ~'~/~ ~ WITHIN THE CO'OPTION BOUNDA~ES THE~OF AND MA~NG THE SAME A PART OF THE CITY OF CA~EL SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON Instrument 200300025685 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 3.56 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 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 corpgrate boundaries, regardless of similar topography, patterns of land use, and population density; and 200300025685 Filed for- Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYD£N 03-14-~003 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 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 Cannel 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 from 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~o_ ayes and ~nayes. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL ~'~ayne ~3['ils~n'qP're~ident Pr° Temp°re ~~;~-- ~ .~. L i":R~,7~_lx~~~., " ,~-Rol~UB~treall/~ ..._. ~ Snyder ATTEST: ? Di~ma L. Cor0~ra~f, IAIgI~, Ulerk-~l'readu~er Presented by me !o the Mayor of the City of Carmel, Indiana this /(~day of ,2002, at ~.//) C,,~.M. Diana L. Cordr~y,kI¢~C, Cliff-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this/d~day of ~_,, 2002, at ~:~f ~,.M. ~;'3rnes Brainard, Mayor ATTEST: Diana L. Cor~y,k¢dVlC, C(~erk-Tr~asure'r ~ Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, 1N 46204 ! 00 © EXHIBIT B LEGAL DESCRIPTION REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-233 Part of the Southwest Quarter of Section 33, 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 #1710330000029000 and the east right of way line of Gray Road, then proceeding eastward along the northern boundary of parcel #1710330000029000, and along the southern boundary of the Bayhill at Waterstone subdivision, to the northeast comer of said parcel #1710330000029000 (coincident with the corporate boundaries of the City of Carmel), then proceeding southward along the eastem boundaries of parcels //1710330000029000, #1710330000028000 and #1710330000027000 and the western boundary of the Windpointe at Waterstone subdivision, to the southeast comer of said parcel #1710330000027000 (coincident with the corporate boundaries of the City of Carmel), then proceeding westward along the southern boundary of parcel #1710330000027000, and along the northern boundary of parcel #1710330000002002, to the southwest comer of parcel # 1710330000027000, said point being located on the east right of way line of Gray Road (coincident with the corporate limits of the City of Carmel), then proceeding northward along the western boundary of parcels #1710330000027000, #1710330000028000, and #1710330000029000 and along the east right of way line of Gray Road, to the point of begimfing (coincident with the corporate limits of the City of Carmel), containing 3.56 acres more or less. This annexationincludesthefollowing p~cels: 1710330000029000 1710330000028000 1710330000027000 No additional right of way is included in this annexation.