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HomeMy WebLinkAboutC-198 The Overture ~'ANNEXATION ORDINANCE NO. C. 198 WHEREAS, the Common Council of the City of CarmeI, Indiana, is desirous of annexing the following described real estate, and Insteumen% ~00000011789 WHEREAS, the following described real estate is conti~uous to the existing City boundaries by at least one-eighth of i~s aggregate external boundaries and perimeter borders to the present boundaries of the caw of Carmel, Indiana and WHEREAS, the City of Carmel, Indiana has heretofore defined the corporate boundaries of the Ci~/and is desirous of annexing the following described propers. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the CiD/of Carmel, Indiana, that the following described real estate in Hamilton County, Indiana, owned by Estridge Development Company, be and hereby is annexed to and shall hereafter be a part of the Ci~ of Carmel, indiana, effective January 3, 2000, said property being more particularly described as follows-. 20ooooou78~ Filed for Reeo~d in HAMILTON COUNTY, INDIANA ~ MARY L CLARK On 03-14-2000 At 08:42 am. ANNEXATION 11. O0 Part of the Southeast 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 Southeast Corner of said Quarter Section; thence North 89 degrees 50 minutes 59 seconds West (assumed bearing) along the South line of said Quarter Section 1050.86 feet; thence North 00 degrees I0 minutes 26 seconds East parallel with the East line of said Quarter Section 744.61 feet; thence South 89 degrees 50 minutes 06 seconds East 1050.86 feet to a point the aforesaid East line; thence South 00 degrees 10 minutes 26 seconds West along said East line 744.34 feet to the place of beginning, containing 17.96 acres, more or less, subject to ail legal highways, easements, rights of way and other restrictions of record. DULY ENTERED FOR TAXATION dfina! a~c.~tj~}nce for t~sfer ay of~, 20_ ~ ~ ~. ~ P ~ A~ditot 4 The Common Council of the City of Carmel, Indiana, declares that this Annexation Ordinance shall be in full force and effect sixty (60) days after its final publication pursuant to I.C. 5-3-1. PASSED by the Common Council of the City of Carmel, Indiana this .~ dayof~ 1999, byavoteof d, ayes and © nays. C~DMMON COUNCIL FOR TH~ ~!: ~L~uci~der, President~' Robert Batcreall c.. NI.L. Rundle ~~ ~ ~_/z~~Bill~Walker Diana L. Cordray, IAMC, Clerk-Tr~/?rer Presented byz~ne to the Mayor of the City of Carmel, Indiana the ~/~ day of ~_., 1999. ~~ Dian~ L. Cordray,.IAMC, Clerk-Treasu~i~ Approved by me, Mayor of the City of Carl~el, Indmna the _M/~rda'-y of . ~(/~mes Brainard, Mayor -- '~'~/'V R~. by Carmel, IN 46032 5 Annexation Ordinance C-198 Table of Contents Introduction ............................................................................................................................ 2 Site Location Map ................................................................................................................. 3 Annexation Ordinance ........................................................................................................ 4-5 Petition for Annexation ....................................................................................................... 6-8 Comment Letters .......................................................................................................... 9-13 Approved Devdopmcnt Plan ............................................................... 14 Introduction Tl~e area o( proposed annexation is a parcel of real estate which is comprised of approximately 17.96 acres located on tile northxvesr corner of 126th Street and Hazel Dell Park-way and is bounded by. those streets on the east and south respectively. The propert3,' is bounded on the west bv Timber Crest Bend and on tile north by Northview Christian Life Church. This propenT is also sometimes re(erred to as tile Fuller property. A development plan and plat for a communi~,which xvill be known as The Overture has been approved fi~r tile site. Tile communi9' was approved tinder tile open space ordinance (former version) and contains 4.77 acres of open/green space which is approximately 27% of the overall community area. Tile open spaces are interconnected with pathxvays ~lnd connected to the Hazel Dell and 126th street patilways as xvell. Each homesite within The Overture }las direct access to the common areas, thus allowing each resident immediate access to rile walkxvays. Thc homes within The Overture will be constructed by Estridgc Custom Homes and xvill be targeted toward the cmpu- nester market. 2 SEE PAGE 25 CLAY T'WP, NORTH CENTER SEE PAGE 29 PETITION FOR ANNEXATION The undersigned ("Petitioner"), in $upport of this Petition for Annexation, allege and say: 1. That the Petitioner is the owner of more than Fifty-One Percent (51%) of the real estate described in Exhibit A ("Real Estate"). 2. That the City of Carmel, Indiana has previously by ordinance described and defined the corporate boundaries of the City of Carmel, Indiana. 3. That the Real Estate is contiguous to the existing corporate boundaries of the City of Carmel, indiana. WHEREFORE, Petitioner requests that the City of Carmel, Indiana adopt an ordinance annexing the Real Estate to the City of Carmel, Indiana. "Petitioner" Estridge Development Company, Inc. STATE OF Indiana ) ) SS: COUNTY OF Hamilton ) Acknowledgment Before me, a Notary Public in and for said County and State, personally appeared ~flre.~co~, .~ (,~ ~C.~e_{e~. who acknowledged execution of the foregoing Petition for Annexation on behalf of Estridge Development Company, Witness my hand and Notarial Seal this __ My Commission Expires: My county of residence is 7z'/~,'/JLor~ Exhibit A Page 1 of 2 Legal Description Part of the Southeast 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 Southeast Corner of said Quarter Section: thence North 89 degrees 50 minutes 59 seconds West (assumed bearing) along the South line of said Quarter Section 1050.86 feet; thence North O0 degrees 10 minutes 26 seconds East parallel with the East line of said Quarter Section 744.61 feet; thence South 89 degrees 50 minutes 06 seconds East 1050.86 feet to a point the aforesaid East line; thence South 00 degrees 10 minutes 26 seconds West along said East line 744.34 feet to the place of beginning, containing 17.96 acres, more or less, subject to all legal highways, easements, rights of way and other restrictions of record. 7 Exhibit A Page 2 of 2 HAZEL DELL ~ .~ -r-m ----~ --..J i'FIX '">~ ~ ~ _~ ~ > ~Z ~ ~X , Il ~, HAZEL DELL ROAO School Board Members Stephen Backer Pau~ Bolin Bruce Breeden Angela Corley Tom YvTIliams, Administration R. Stephen Tegarden Superintendent James F Burrell Assistant Superintendent Human Resources Roger McMichael Assistant Superintendent Business Affa#~ Barbara Underwood Assistant Suoen~teh~ent Curriculum and instruction DbZ~ie Morgan Conner Director of Curriculum Bi# Dreibelb¢s O/rector of Special Education Sue H. Moeschl Director of Information Services Samue/ B. Robinson O~rector of Student Services February 16, 1999 Mr. Stephen L. Van Soelen The Estridge Companies 1041 West Main Street Carmel, IN 46032 RE: Proposed Annexation - 17.96 Acres To Be Known As The Overture Dear Mr. Van Soelen: I have received and reviewed the surveyed drawing of the above referenced property located at 126th Street and Hazel Dell Parkway. I see nothing in your submitted documents that would cause us to oppose the proposed annexation into the City of Carmel of this property to be known as The Overture. If you have any further questions concerning this matter, please feel free to call me. Thank you. Sincerely, Samuel B. Robinson Director of Student Services C: Mark Monroe, DePartment of Community Service Educational Services Center · 5201 E. 131 st Street · Carmel, IN 46033 · Telephone (317) 844-9961 · FAX (317) 844-9965 9 CITY OF CARMEL WATER-WASTEWATER UTILITIES 130 TST AVE. SW · CARMEL, INDIANA 460 (317) 571-2648 · FAX [3171 571-26; Febma~' 18, 1999 Mr. Stephen L. Van Soelen The Estridge Companies 1041 West Main Street Carmel, 1N 46032 RE: Annexation of The Overture, 126t~ & Hazeldell Parkway. Dear Irk. Van Soelen: The City of Carmel Utilities has no objections to the annexation of thc 17.96 acres of land to bc known as The Overture located at 126t~ and Hazeldell Parkqvay. The proposed annexation area falls into the City of Carmel Utilities service area. Carmel Utilities has the capability and capacity, to serve the area with both water and sanitary sewer. Should you have an3, questions regarding this issue, please feel free to call me at an5' time. Sincerely, Paul Amone Water Distribution and Sewer Collection Office Manager cc: John Duff>.', Director of Utilities 10 Februaw 17,1999 Mr. Stephen L. Van Soeten The Estridge Companies 1041 W. Main Street Carmel, IN 46032 RE: Annexation of 17.96 Acres To Be Known As the Overture At 126t~ St. & Hazel Dell Pkwy. Dear Mr. Van Soelen: I have received and reviewed the surveyed drawing of the above- mentioned area desiring annexation. At the present time see nothing in the plans that would hamper law enforcement efforts. If we can be of any further assistance to you, please contact us. Respectfully, Michael D. Fogat-ty Chief of Police MDF:vb cc: Mark Monroe, Dept. of Community Services 15~7) 57]-2500 A Nationally Accredited Law Enforcement Agency F,,= f;~l 7) 57]-25]2 11 City of Carmel Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2600 The Estridge Companies Attn. Stephen L. VanSoelen 1041 West Main Street Carmel, Indiana 46032 RE: ANNEXATION OF THE OVERTURE LETTER OF APPROVAL The undersigned has reviewed the proposed plans for Annexation o£ the Overture and has approved the plans subject to the following: 1. After review of this project, I have no additional requirements to be met at this time. Date:__February 26, 1999 By; Stanley Puckett, Fire Marshal Carmel Fire Department 12 Cky of Carmel DEPARTMENT OF ENGINEERING February16,1999 Mr. Stephen L. Van Soelen, Vice President The Estridge Companies 1041 West Main Sn'eet Carmel, IN 46032 RE: The Overture Annexation This Depamnent Ires received and reviewed the legal description regarding tile annexation of the Ch,,erlure. a proposed residential subdi,,4sion located at the northwest comer of 126® Sa'eel ,and Hazel Dell Parle, va.,,,. The description submitted meets and exceeds the one-eighth-contiguity requiremcnl. Therefore. fids office approves ttfis unnexation description for The OvertUre as ouflined in your letter dated Janu~m,' 28 1999. We have also reviewed the Annexation Exhibit provided :vith your letler dated Februnry 10, 1999. The only item we take exception to is the length contiguous with Carmel City Limits. According to our records, this development is surrounded by property that has been annexed into the Ci~' of Carmel. Please reference 'the marked up Annexation Exhibit enclosed with this lener. Therefore, fl~e contiguous length should be identical to the boundary, length. Sincerely, M I ~[e Boyle-Web/se. P.E. CiD' Engineer CC; Douglas Haney, City Attorney Diana Cordray, Clerk-Treasurer Dick Hill. Department of Engiueering S:',L ETFE RS9 9~O V E RTURE.a_N N E X2 ONE CIVIC SQUARE CARMEL. INDIAN3. 460.32 317/571-2441