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HomeMy WebLinkAboutC-42 Rolling Meadows -\ I I , " . . 1ft3T~Acil!6~~; . ,.;.'" ...... , . . I. BOa~ 8499 i < i ORDINANCE . - . , .- . -' - -, . . ",' .- . '.' . . . - ", -. . . . . .. '. NO.' C. - "/2 .. "",",j- -','-, (/1'1' ~\ "'C',:". ;-" '. SPECIAL ANNEXATIO,{ , ", \" -'," . . \ . Indiana is .. I~'I . . '. k...t. ;,../IJ v -1< Ii', ( . I ,.).:;;./../;- ....1 l.I< .-.\.. '. '. ',' .... I. .' ...... . ..... . . of annexing the area hereinafter described I' I j' . -.' .. . . . ..,", .. . t:~::~:~t:u:;t:::~ "'".'90' atcp,e'.ntl, .1n~~~i~l:Gable tCJ '1 ". <', ". .... . '.' . to be' annexed. and' more than . . .. . . . "', . '. . . . . '. . . . .",' . . , .. ,- . . Hl:IEREAS, . the Town of Carnel,'. arid terri toty, and. the T?0n of .provide~1.ich 'servi.ce~ ,"" ~. . '. ". .. , .. - -.' ., . .. '- . ,'- . -'. one-eighth of " - . xternal boundaries of said territory coincide . . xisting boundaries of the To\v~iof Carmel. .' ',- . ", '. >,." ' , .. ....:,. .. '..... . ",".. '.' :.:' '-.' :. . .'..' i;1m~THEREFORE, BE I'rOPJ)]UNED BY THE BOAPJ) ',.. '.:', '. c. _," .. ," territCJry.iIlclaYTownShip, Hamilton , . " . . the..' sa...-ne is' l1erety . annexed to and shall the .Town of Carmel, . Indiana: . . '. . '..., . . , ' . '" - ....,.-.,..... . . . . -.-, -. , ,',- . " ' . .' ...' ',,- ,.' 3 East in Bfu'n:l,ltoIl as, follows; .I'art of. Section 24,' 'I'ownship .18 North,' Range' County, Indiana, more particularly described ,.... '.-.. ... Beginning at the Norj;heGt~t'~o~nerofSectian24,Town;hip18 North, . Range 3 East; thence South on andalongthe'Eastlineof said.. Section' 24 to the. South line Of the NOrthHalf..ofsaidi>' . Section 24; . thence West on and . along said Sout:hlinetoa. point' on the Easterly line ofa fifty foot wide strip oLgr.ound >. de'scribed in the Town. of Carmel Special Annexation Ordinance", .,.' ..N1.l!T1ber C-29, asheinga part of Tracts "B", "c".nF'~f Walter. ......:', Court and Walter Street in "Walter's Plaza Replat" ,as per plat: thereof, recorded in the Office of the Recorder of Hamilton.' "". County; thence North\vesterly and~vesterly on and <;ilong the meanderings of the North line of said fiftyfoot s.trip,to "the . East line of the West Half of ,the Northeast Quarter of . said . Section 24; thence North on and along said East line to the. Southeast corner of "Rolling Meadows Addition - 3rdSection", per plat thereof re.corded in the 'Office of the Recorder: of, Hamilton County; thence \~esterlyalong the.,meanderings .ofthe . ..Southerly line. of .said "Rolling l1eadm'ls --3rd Section",' and the Southerly line of "Rolling Meadmvs, Amended .J.\:ddi tion""iSecond Section", as per plat thereof ,recorded in the Office Of the ". Recorder of Hamilton County,. to the . East rig-h.t of. way line of 'the Monon Railroad;. thence Southerly on and along said East right of.: . '\vay line to the South line of t!1eNortheast Quarter ,of said .... Sect.ion 24 and the North line of "Rolling Acres".". as per plat' . thereof recorded in the Office of the Recorder of Hamil ton County ; . ,;,,' .,-_:, ,", ,;/ ....'-,'. -',', ;'". ~:,:;..':.' '1.,:"',:.',, . '., ~.;--\ ..., ' . . . . . . . . . ThislnstrumenIRecord~d_ ;. JUNEM: HEDGES,RECORDER .'- " . '.- ",. ..' ..... ....02'~L:~:r.~I~~;,~I~r9.7....,'f!...:...< . ..111'..2V )tJ,~~P::i7~.l\,Udilot, IND:" .' ,. . .... :.,..Hamilto.n Collntv:,. . ,/:,~': .: ,-' " ." , '. :' j',',-.:~-'".'-",::~::::::> ; '. ';- _:'~;'-::.,'*- ,,~':~'~-',:---::::':.:,-" .".,A" j1..,/1..6o,,(:.(",.z~~. '-"(.'(;"'" 1">-:.'."'7i:::. :.............' 1~{A!_?': ('I:,;".')." . .......hf ..... ..J.<.........":.. .' .... > ' ';-:0 , . '-'l . . ."............ ,/.' .1~<JI.Ll '~~,nenc~= E~sterly on and along said ?~orth line of ,oll~n~ Acres" to the Northwest corner o~ Lot =15 in said "Rolling Acres"; thence S~u~ne~ly on and along the ?!est tl,~_ ~= ' Lot ~lSr~ to the Southwest corner tnereo~; thenc6 Easterly on and along the South line of sai~ Lot ~!5 to the Southeast corner thereof; thence Northerly on and along the East line of said Lot #15 to the Northeast corner thereof and the South line of the Northeast Quarter of said Section 24; thence Zest on and along said South line to the Southeast corner of the i'~est llalf of the ~'{ortheast Quarter of said Section 24; thence ~ortherly on and along the ~..fest line of said East Half to the South line of the fifty foot strip of ground heretofore described; thence Easterly and Southerly on and along the aaanderin~s of the South line Of said fifty foot strip to the i,~orth line of "Charles E. Walter's Rolling Acres Re-Subdivision" as oer plat thereof recorded in the Office of the Recorder of ~,~ltton County; thence West alOng said North line to the point v;here the l{orthwest line of Lot ~3, therein intersects with the ~:~orth line of said Re-Subdivision, thence Southwestwardly along the l]orthwest line of Lots =3, and ~4 in said Re-Subdivision to the Southwest corner of said Lot ~4; thence Southeastwardly along the Northwest line of Lots #4 and #5 in said Re-Subdivision to the Northeast corner of Lot ~8 in said Re-Subdivision; thence Southwest~ardly along the Northwest line of said Lot ~8 to Circle Drive; thence Southeastwardly along Circle Drive to its inter- section with the Southern portion of Circle Drive at a point in the West line of Lot #6 in said Re-Subdivision; thence Westwardly along said Circle Drive to the intersection of said Circle Drive with the Northwest line of Lot ~28 in said Re-Subdivision; thence Southwestwardly along the Northwest line of said Lot ~28 to the Intersection with the East line of Lot ~27; thence Westwardly along the North lines of Lots ~27 and #26 to the Northwest corner of Lot ~26; thence Southeastwardly to a point on the Southeasterly right of way line of U. S. Highway #31; thence Northeastwardly on ~ ....... ~ ...... ~,~ ~ w~y-~n~ to ~ne West right of way line of Range Line Road (Old S. R. {~431); thence South on and along the ~gest right of way line of said Range Line Road to the South line of said Section 24; thence West on and along said South line to the center- line of U.' S. Highway gS1; thence Northeasterly on and along said centerline to the centerline of Rohrer Road; thence North on and along the centerline of'ROhrer Road'to the North line of the North- west Quarter of said Section 24; thence East on and along the North line of said Northwest Quarter to the l~orthwest corner of the North- east Quarter of said Section 24; thence East on and along the t{orth line of said Northeast Quarter to the Place of Beginning. And the Board of Trustees of the Town of Carmel, Indiana do hereby declare that this Special Ordinance shall be in full force and effect in~ediately from and after its adoption and passage. TO,'71'I OF CAPJ4EL, IHDIANA THIS ~; DAY OF /' :~ ~:~ ~ 1972. ~wen S. Kern, President ATTEST: ~[ Schm~l~ekop / Clerk-Treasurer This Instrument prepared by Carmel Town Board of Trustees P~ESOLUTION NO. ~2 /~//~.~ ~.~.~_~ WHEREAS, the following described real estate is included in Annexation Ordinance No. C-42, to-wit: An area located in Clay Township, Hamilton County, Indiana, bounded on the East by the Monon Railroad right of way, the South by Smokey Row Road, also known as 136th Street, on the West by Rohrer Road, said Kohrer Road running north and south and coming together on the north side of said area with the right of way of the said Monon Railroad at the approximate location of 146th Street, and WH~EAS, such area should not be included, in fact, within such Ordinance by reason of the informal Resolution as per the minutes of the Board of Trustees of the Town of Carmel, Indiana, pursuant to said Board's favorable action on Petition requesting exclusion from Carmel, Indiana, by the property owners of the real estate located in said area, by the Board of Trustees of the Town of Carmel, Indiana. NOW THEREFOP~E, BE IT RESOLVED, that said area described herein- above is hereby not included within the Town of Carmel, Indiana, and therefore a copy of this Resolution should be filed with the necessary public officals within the County of Hamilton so as to exclude on all public records that area described hereinabove from Carmel, Indiana. It is the intent of this Resolution to show the proper officials that said area referred to hereinabove and described hereinabove is not included within the Corporate Limits of Carmel, Indiana. That this Resolution shall be fully ' ' and in effect immediately upon an affirmative vote of a majority of a~rum of the Board of Trustees of Carmel, Indiana. Dated this 1&th day of January, 197~~ RECORDK~'HAMILTON COUNt. JAN 2 O 1975 BOARD ~_F~ ~TRUSTEES~_ OF CARMEL, INDIANA George F. Stevens 64. 6 IN THE CIRCUIT COURT OF HAMILTON COUNTY STATE OF INDIANA IN THE MATTER OF THE SPECIAL ) ANNEXATION ORDINANCE NO. C-42 ) ADOPTED AUGUST 8, 1972, BY THE ) BOARD OF TRUSTEES OF THE TOWN ) OF CARMEL, INDIANA. ) ENTRY RECEIYEO AT /~9~,O'CLOCK ~t.~, M Cause No. C72-369 JUL 26 1974 BOOK PAGE. The Auditor, pursuant to prior order of this Court, having filed hereto- fore his certification of signatures in this cause on February 22, 1974, and the Court after having seen and examined said certification finds that the total number of recorded owners of land within the area described as per the records of the Auditor of Hamilton County, Indiana, who have signed as Remon- strators in the Petition now before this Court was 35. The Court further finds that the total number of recorded owners of land within the Ordinance No. C-42 area described as per the records of the Auditor of Hamilton County in Remonstrators' complaint and Exhibits attached ~hereto was 119. The Court further finds that under the law and based upon their complaint, Remonstrators were required to show by their complaint that they constituted a majority of the owners of la~d in the C-42 area. In view of the foregoing, the Court finds that the 35 owners of land are not a majority of the 119 owners of land within the C-42 area. IT IS, THEREFORE, CONSIDERED, ORDERED AND DECREED that said Remonstrance is not sufficient and that same should be and is now dismissed. IT IS FURTHER ADJUDGED AND DECREED that the Special Ordinance C-42 of the 43 BOOK--' PAGF The Clerk of this Court is directed to forthwith deliver a certified copy of this judgment to the Clerk-Treasurer of the Town of Carmel, Indiana, who shall record the same in the Ordinance Records of said Town snd 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 accordingly directed to cause their records to reflect the findings and judgment of this Court by including said annexed territory in their records as being now within the Towm of Carmel, Indiana. Costs taxed against Remonstrators. Dated this ~day of .~-~ , 1974. 9 ThislnStrUment I/ecoro , JUNE N[. ~IEDGES, RECORD~Y' Judge, Hamilton Circuit Court NOTE: WEIHE ENGINEERS, INC. CIVIL ENGINEERS 10~15 NORTH COLLE~3E AVE. LAND SURVEYORS SUBDIVISIONS STREET DESIGN LAND SURVEYS SITE SURVEYS TELEPHONE 84/5--6135 LEGAL DESCRIPTION OF:' AR~,A TO ]BE ANNEXED IN SECTION 24, TOWNSHIP 18,~RTH, RANGE 3 EAST: Part of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, mdre particularly described as follows: Beginning at the Northeast corner of Section 24, Township 18 North, Range 3 East; thence South on and along the East line of said SeCtion 24 to the South line ?f the North Half of said Section 24; thence West on and along said South line to a '.?point on the Easterly line of a fifty foot wide strip of ground described in the Town of Carmel Special Annexation OrdinafiCe Number C-29, as being a part of Tracts "B", "C", "F", Walter Court and Walter Street in 'h~falter's Plaza Replat", as per plat thereof, recorded in the Office of the Recorder of Hamilton County;thence Northwesterly and Westerly on and along the meanderings of the North line of said fifty foot strip to the East line of the West Half of the Northeast Quarter of said Section 24; thence North on and along said East line to the Southeast corner of "Rolling Meadows Addition - 3rd Section", as per plat thereof recorded In the Office of the Recorder of .Hamilto.n County; thence Westerly ,along the meanderings of the Southerly line of said "Rolhng Meadows Addition - 3rd Section", and the Southerly [/ne of "Rolling Meadows, Amended Addition - Second Section", as per plat thereof, recorded in the Office of the Recorder of Hamilton County, to the East right of way line of the Monon Railroad; thence Southerly on and along said East right of way line to the South line of the Northeast Quarter of said Section 24 and the North line of "Polling Acres~', as per plat thereof, recorded in the Office of the Recel-der of Hamilton County; thence Easterly on and along said North line of "Polling Acres" to the Northwest corner of Lot //15 in said "Rolling Acres ' , thence Southerly on and along the West line of said Lot #15 to the Southwest corner thereof; thence Easterly on and alon~ the Squib line of said Lot #15 to the Southea~ corner thereof; thence Northerly on and along~the East line of said LOt #15 to the Northeast corner thereof and the South line of the Northeast Quarter of said Section 24; thence East on and along said South line to the Southeast corner of the West Half of the Northeast,._~_Quarter of said Section 24 thence Northerly on and along the West line of said ~'Half t,o the South line of the fiftx foot strip of ground heretofore described; thence Easterly and Southerly on and along the meanderings of the South line of said fifty foot strip to the North line of "Charles E. Walter's Bolling Acres Re-Subdivision", as per 91at thereof recorded tn the Office of the l~corder of Hamilton County; thence West along said North line to the point where the Northwest-line of LOt #3, therein intel-sects with the North line of said Re-Subdivision, thence Southwestwardly along the Northwest line of Lots # 3, and #4 in said Re-Subdivision to the Southwest corner of sm/d Let #4; thence Southeaatwardly along the Northwest line of Lots #4 and #5 in said~-Sttbdtvision 4~t; the Northeast corner of Lot #1~ in Said Re-Subdivision; thence Southwestwardly along the Northwest line of said Lot #8 to Circle Drive; thence Southeastwardly along Circle Drive to its'~ intersection with the Southern portion of Circle Drive at a point in the West line of Lot #6 In said Re-Subdivision: thence