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Home My WebLink AboutC-38 D.Q./Hubers/Jacks Tool RentalSPECIAL ANNEXATION ORDINANCE NO. ~ ~i~ WHEREAS, the Town of Carmel, Indiana is desirous '~of annexing the area hereinafter described, and WHEREAS, said territory is urban in character, i essential municipal services are presently available to the ~ inhabitants of said territory, and the Town of Carmel is ~ .~ financially able to provide such services to said territory · to be annexed and more than one-eighth of the aggregate · external boundaries of said territory coincide with the existing boundaries of the Town of Carmel. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TO~,~N OF CAP~qEL, INDIANA, that the following ~described territory in Clay Township, Hamilton County, Indiana be and the same is hereby annexed to and shall hereafter be a part of the Town of Carmel, Indiana~|$1n~mme,tRe¢0r~ jUHEM. Hr~ES, RECO~DER ~MiLTONCOUHTY, INO- Part of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest corner of Section 19, Township 18 North, Range 4 East; thence East on and along the North line of said Section 19 to the East right of way line of Keystone Avenue ( S.R. ~431 ); thence Southeasterly on and along said East right of way line to the South line of said Section 19; thence West on and along said South line to the East right of way line of Range Line Road (Old S. R. #431); thence Northerly on and along said East right of way line to the South line of the North Half of said Section 19: thence West on and along sai~ South line to the West line of said Section 19; thence North on and along said West line to the Place of Beginning. And the Eoard of Trustees of the Town of Carmel, Indiana do hereby declare that this Special Ordinance shall be in full force and effect immediately from and after its adoption and passage. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE ~wen S. Kern, President · ATTEST: Clerk-Treasurer D FOB T NOTE; This Surve Shoulcl ,~ot Se Used ~o Determine Property Lines Unless Survey Points Are Indi- cated WEIHE ENGINEERS, II',~C. CIVIL ENGINEERS LAND SURVEYORS SUBDIVISIONS STREET DESH3N LAND SURVEYS SITE SURVEYS ~L I~ESCRIPTION OF: TIlE AREA TO BE ANNEXED IN S~TION 19, TOW~NSHIP 18 NOR~F, RANGE 4 EAST ~.. ~Pa~t of Section 19, Township ~;North, ~.' n~4 ~ ~n Hamilton Co~ty, ~d~na, more particularly describ~ as follow~: Be~[ng at the Northwest corner of Section 19, Township 18 North, ~e 4 East; thence East on and alo~ the North line of said Section 19 to the East right 0f way line of Keystone Avenue (S. R. li~l); thence Southeasterly on and alo~ said East right of way line to ~e South line of said Section 19; thence West on and along said SOuth line to the East right of way line of Ra~e Line Road (Old S. R. ~431); thence No~herly on and alo~ said East right of way line to the South line of the Nor~ HaH of said Section 19; thence West on and along said South line to the West line of said Section 19; thence North on and along said West line to the Place of Begl~lng. STATE OF INDIANA I ss: MAMILTON COUNTY Superior I, Lawrence V. I~,~yers, Clerk of the Hamilton !~ Court, s~id County and Staf[e ~foresaid, do hereby certify that the above and foreqoing contains a true and correct Copy of the order of court, made on the m:~_ day of __~,s~:cu .................. 19..7.4--, in Jerry H. York et al -vs- Cause No. s72-433 , (Town of ~armel= Indiana ............. ) and recorded Superior ~ in Civil Order Book __s3_3_ ...... paqe 36~ ......as the same appears of record and on file in my office in the City of Noblesville, Indiana. In WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said court, this _3Ju~t.__ day of _Ap.r.i]_ .................... 193_4--. Hamilton ~j~x~ Cc~u .r~ Superior STATE OF INDIA~A ) ) SS: COUNTY OF HAMILTON ) JERRY H. YORK, ET AL, Plaintiff VS. TOT~ OF CARMEL, INDI~A,) ) Defendant ) IN THE H~ILTON SUPERIOR COURT 1974 CALENDAR T]~IgSOi~4~$NO~r~M~I$ tL6'[ e UVIAI COURT'S FINDINGS Ai]D ORDER DENYING 1.]OTION TO DISMISS OF THE TO~,',~ OF CARMEL, INDI~NA, AND SUSTAINING ANNEY~T ION This cause having'been tried to the Court without the inter- vention of a jury on January 3 and 4 of 1974 and the Court having heard and considered the arguments and briefs of counsel and being duly advised in the premises now enters its Findings of Fact and Conc~sions of Law as follows: 1. That on August 8, 1972, the Board of Trustees of the Town of Carmel, passed ordinances for the annexation of certain real estate to the To,Tn of Carmel ~fhich said ordinances are denoted as C-36 and C-37; that said ordinances were duly published as required by lav~ with the last publication date being August 23, 1972; 2. That on October 18, 1972, petitioners plaintiffs herein filed their Remonstrance Against Annexation in this Court; 3. That on September 5, 1973, the Court determined that the Remonstrance Petition filed herein met the requirements of Burns Indiana Statute 48-721 and on that date set this cause for trial for September 27, 1973 and ordered the Clerk of this Court to issue notice of said hearing date and defendant herein and the trial of this matter was reset for December 12, 1973 and the Clerk ordered to issue summons and notice of said trial date. 5. That the plaintiffs herein are the owners of more than Fifty-one Percent of the land comprising the territory annexed by Ordinances C-36 and C-37, respectively, and are the owners of more than Seventy-five Percent of the assessed valuation of the real estate annexed by Ordinances C-36 and C-37, respectively; 6. That on August 8, 1972, the resident population of the area to be annexed in Ordinances C-36 and C-37, respectively, was less than three persons per acre; that on said date the real estate within said Ordinances was not zoned for commercial, business or industrial uses and that the land to be annexed by each of said ordinances was less than Sixty Percent subdivided; 7. That on August 8, 1972, more than Twenty-five Percent of the aggregate external boundaries of the real estate to be annexed by Ordinances C-36 and C-37, respectively, bordered on the existing boundaries of the Town of Carmel; 8. That the real estate to be annexed by Ordinances C-3~ and C-37 was on August 8, 1972 needed and could be used by the Town of Carmel for its future development within the reasonably near future; 9. That on August 8, 1972, the Town of Carmel had developed a fiscal plan and established a definite policy to furnish the areas within Ordinances C-36 and C-37, within three IS IS THEREFORE ORDERED~ ADJUDGED AND DECREED by the Court that the'Motion to Dismiss heretofore filed by defendant herein be and the same is hereby denied. IT IS FURTHER ORDEP~ED, ADJUDGED AND DECREED by the Court that the law is with the defendant and against the plaintiffs herein on plaintiff's Remonstrance Against Annexation and that plaintiff's said Remonstrance herein be and the same is hereby denied and judgment is now entered for and against plaintiff thereon. THE COURT FURTHER FINDS AND ADJUDGES AND DECREES that the Special Annexation ordinances C-36 and C-37 of the Town of Carmel, Indiana, were duly adopted and enacted by the Board of Trustees of said Town and that the annexation of the territories described therein is valid and binding and that the territory so described a part of the Town of Carmel, therein is ~o~ ln~ ~ ~ '~e Clerk of this Court is directed to forthwith deliver a certified copy of this judgmen~ to the Cl~rk-Treasurer of the Town of Carmel, Indiana, who shall record the same in the Ordinance Record of said Town and make a cross reference to the page thereof upon the margin where the original Ordinance was recorded. The Hamilton County Auditor and the Hamilton County Assessor are ac- cordingly directed to cause their records to reflect the finding and judgment of this Court by including said annexed territories in their records as being now within the Town of Carmel, Indiana. Costs vs. remonstrators. DATED this ~ day of March, 1974.