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Home My WebLink AboutC-202 Cherry Tree EstatesANNEXATION ORDINANCE No. C-202 200000011795 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 03-14-2000 At 08:42 am. ANNEXATION 13.00 WHEREAS, the Common Council of the City of Carmel, Indiana ("Council"), is desirous of annexing the attached described real estate in Exhibit 'A', and WHEREAS, the attached described real estate in Exhibit 'A' is more than one-eighth (1/8) of the aggregate external boundaries of the real estate which coincides with the corporate boundaries of the City of Carmel, lndiana, and WHEREAS, the City of Carmel, Indiana, has heretofore defined the corporate boundaries of the City of Carmel, Indiana, and is desirotis of annexing the described property in Exhibit 'A'; NOW THEREFORE IT BE ORDAINED by the Common Council of the City of Carmel, Indiana, that the attached described real estate in Exhibit 'A', in Hamilton County, Indiana is owned by RDJ Custom Homes, Inc. 'Cherry Tree Estates' be and hereby is annexed to and shall hereafter be a part of the City of Carmel, Indiana, effective January 3, 2000. The Common Council of the City of Carmel, Indiana, declares that this Annexation Ordinance shall be in full force and effective 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 ~:,~(~ day of ~-.'~tY~'~/~, 1999 by a vote of "~ ayes and~_.~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL James Brainard, Presiding Officer - ~11, Member c.....~..~0nald E. Carter, Me~be~ 'L~'tR~dle: Merd~r ~ ~ ~ill~; 'v~lk~r,'Member ATTEST: Di -~__ ur~t Presented to me to the Mayor of the i y Diana Cordray, IAMC, ClerkCr~asurer Approved by me, the Mayor of the City of Carmel, Indiana the day of \ ~/Ir~ ,~1999 Brainard, Mayor/ 9812-071_ordin 2 EXHBrF A ANNEXATION PARCEL CkEFRY TREE ESTAIC-8 OF~)~IANCE No. C-202 DECEMBER 6, lggg A part of the Northwest Quarter of Section 22, Township 18 North, Range 4 East located in Clay Township, Hamilton County, indiana, being more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 22, Township 18 North, Range 4 East; thence South O0 degrees 03 minutes 52 seconds West, (deed, South O0 degrees 06 minutes 40 seconds West, measured, baaed on the North llne of said Northwest Quarter having on assumed bearing of North 90 degrees O0 minutes O0 seconds West} 1520,13 feet, (deed, 1525.75 feet, measured) on and along the East llne of said Northwest Quarter to the Northeast corner of the South Half of said Northwest Quarter; thence South 89 degrees 58 minutes 47 seconds West, (deed, North 89 degrees 55 minutes 15 seconds West, measured) 11.16 feet on an along the North line of the South Half of said Northwest Quarter to Its Point of Intersection with the center line of Cherry Tree Road ae located in October of 1980. said Point of intersection being on a non-tangential curve to the left and being North 78 degrees 07 minutes 24 seconds West, (deed, North 78 degrees 01 minutes 24 seconds West, measured) 553.41 feet from the radius point of said curve to the left; the next courses are on and along the centerllne of said Cherry Tree Road, (1) thence Southwesterly, 69.00 feet on and along said curve to the left to its Point of Tangency, sald Point of Tangency being North 8g degrees 58 m~nutes 49 seconds West, (deed. North 89 degrees 52 minutes 49 seconds West, measured) 533.41 feet fram the radius I~olnt of eeld curve to the left; (2) thence South O0 degrees 01 minutes 11 seconds West, (deed, Sou{h O0 degrees 07 minutes 11 seconds West, measured) 294.17 feet to the POINT OF BEGINNING of this description; (5) thence South O0 degrees 10 minutes lg seconds West, (deed, South O0 degrees 16 mlnutea 19 seconds West, measured) 448.94 feet to the Point of Curvature of a curve to the right, said Point of Curvature being South Rg degrees 49 minutes 41 seconds East, (deed, South 89 degrees 43 minutes 4-1 seconds East, measured) 138.90 feet from the radius point of sold curve; (4) thence Southwesterly 155.96 feet on cod along said curve to the right to its Point of Tangency, scid Point of Tangency being South 26 degrees 19 minutes 01 seconds East, (deed, South 26 degrees 13 minutes 01 seconds East, measured) 136.90 feet from the radius point of sa~d curve, said Point of Tangency also being on the North line of o 3.73 Acre Tract of land described ~n Instrument Number 0605 end recorded in Deed Record 12.1, page 386 in the records of Hamilton County, Indiana; thence leaving the centeHine of said Cherry Tree Rood, South 64 degrees 22 minutes 21 seconds West, 405.70 feet, deed (South 64- degrees 52 minutes 57 seconds West 401.31 feet, measured) on and along the North line of said 3.73 Acre Tract of land to its intersection tvith the Southerly oxtention of a line traversing an existing fence llne, aa located in October of 1960, said Point of intersection being 5.22 feet Northerly, (deed, North 05 degrees 51 mlnutea 15 seconds West, measured) of the physical centerllne of Cherr~ Tree Road as located ~n April of 1995; thence North 05 degrees 58 minutes 26 seconds West, (deed, North 05 degrees 51 minutes 15 seconds West, measured) 119.64 feet on and along the Southerly extention of o llne traversing said fence line and on and along the line traversing said fence lone to a 5/8 ~nch d~ameter iron pin; tho next four courses are on and clang the llne trsverslng said fence llne, (1) thence North 84 degrees 19 minutes ll seconds East. deed (North 84 degrees 26 minutes 22 seconds East, measured) 17.49 feet to a 3/4 inch diameter iron pin; (2) thence North 15 degrees 07 mlnutee 56 seconds East, (deed, North 15 degrees 11 minutes 29 seconds East measured) 125.77 feet to a 5/4 inch diameter iron pin; (3) thence North 02 degrees 26 minutes 34 seconds East. (deed, North 02 degrees 25 m nutes 25 seconds East. measured) 226.48 feet to a 5/4 Inch diameter iron pin; (4) thence North 15 degrees 04 minutes 59 seconds West, 296.99 feet (deed, North 15 degrees 07 minutes 05 seconds West 286.59 feet, measured) to o 3/4 inch diameter iron pin that Is South 89 degrees 58 minutes 47 seconds West 461.65 feet, deed (North 89 degrees 28 minutes 52 seconds West from the point of beglnnlng; thence leaving the line traversing acid fence line, North 99 degrees 58 minutes 47 seconds East 461.65 feet (deed, South 89 degrees 26 minutes 52 seconds East 460..:13 feet, measured) to the POINT OF BEGINNING, conto~nlng 6.14 acres, more or less. (deed, 6.11 acres, more or less, measured) March 23, 1999 Police Chief CITY OF CARMEL Three Civic Square Carmel, Indiana 46032 Re.: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 REQUEST FOR REVIEW The enclosed Legal Descriptions are being submitted for your review and approval for the annexation procedbre for the City of Carmel. Attached is a Legal Description for the entire property known as Cherry Tree Estates. Additionally, there is a Legal Description provided for the remainder of the 16- 1/2' existing right-of-way lying on the east side of the common boundary with Cherry Tree Road. Please forward any comments or questions to Keeler-Webb Associates so that we may quickly act upon this proposed annexation. If you have any questions or comments please do not hesitate to contact our office at any time. Respectfully, KEELER-WEBB ASSOCIATES Project Manager ALD:mv enclosures Indianapolis. IN' Chicago. IL ' St. Lo~is. MO ' ~n~i~ati. OH' ~enaer~oz~. N~' ' ,fac,~:sonviiIe. 2'~L~ ....... -'ii .. March 23, 1999 Mr. Stan Puckett City of Carmel Fire Depar[ment Two Civic Square Carmel, Indiana 46032 Re.: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 REQUEST FOR REVIEW The enclosed Legal Descriptions are being submitted for your rewew and approval for the annexation procedure for the City of Carmel. Attached is a Legal Description for the entire property known as Cherry Tree Estates. Additionally, there is a Legal Description provided for the remainder of the 1/2~ existing right-of-way lying on the east side of the common boundary with Cherry Tree Road. Please forward any comments or questions to Keeler-Webb Associates so that we may quickly act upon this proposed annexation. If you have any questions or comments please do not hesitate to contact our office at any time. Respectfully, KEELER-WEBB ASSOCIATES / Adam L. DeHart, LS Project Manager ALD:mv enclosures Indianapolis, 11'4' Chicago. IL · St. Louis, MO ' Cincinnati. OH' Henderson. ~.z' . Jac~so~vuce, a' ~,' ....... KEELER-WEBB ASSOCIATES Consultin9 Etu~ineers ' planners ' Survggors March 23, 1999 Mr. Steven Engelking Carmel Dept. of Community Service One Civic Square Carmel, Indiana 46032 Re.: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 REQUEST FOR REVIEW The enclosed Legal Descriptions are being submitted for your review and approval for the annexation procedhre for the City of Carmel. Attached is a Legal Description for the entire property known as Cherry Tree Estates. Additionally, there is a Legal Description provided for the remainder of the 16- 1/2' existing right-of-way lying on the east side of the common boundary with Cherry Tree Road. Please forward any comments or questions to Keeler-Webb Associates so that we may quickly act upon this proposed annexation. If you have any questions or comments please do not hesitate to contact our office at any time. Respectfully, KEELER-WEBB ASSOCIATES Project Manager ALO:mv enclosures Indianapolis. IN' Chicago. IL · St. Lottis, · Cincinnati. ~ ......... ' ' AY' Yac/~.~o~W~e.~.:-z, "?~':-' - PiEELER - ~.~EBB ~SSOOI~T~$ Co~z'~ltir~ E~gi~eer~' Pla~ne'rs ' $~eyors March 23, 1999 Mr. Stephen Teagarden CARMEL/CLAY TOWNSHIP SUPERINTENDENTS OFFICE Carmel Clay School Corporation 5201 East 131st Sstreet Carmel, Indiana 46033 Re.: Cherry Tree Estates Chore/Tree Road Carmel, Indiana KWAProject No.: 9812-071 REQUEST FOR REVIEW The enclosed Legal Descriptions are being submitted for your review and approval for the annexation procedure for the City of Carmel. Attached is a Legal Description for the entire property known as Cherry Tree EstateS. Additionally, there is a Legal Description provided for the remainder of the 16- 1/2' existing right-of-way lying on the east side of the common boundary with cherry Tree Road. Please forward any comments or questions to Keeler-Webb Associates so'that- we may quickly act upon this proposed annexation. If you have any questions or comments please do not hesitate to contact our office at any time. RespeCtfully, KEELER-WEBB ASSOCIATES Adam L. DeHart, LS Project Manager ALD:mv enclosures fndianapolis, fN · Chicago, fL · St. Lo~*is, MO · C~ncznna~*, OH · ttenaerson, MarCh 26, 1999 Mr. Adam DeHart Keeler-Webb Associates 486 Gradle Drive Carmel, IN 46032 RE: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 Dear Mr. DeHart: I have received and reviewed the Legal Descriptions for the annexation for Cherry Tree Estates. At the present time, I 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. Fogart~ Chief of Police MDF:vb cc: Mark Monroe, Dept. of Community Services APdl 6. 1999 City of Carmel · D ' ' , E[ AIxTMENT OF EN¢3[NEERING Mr. Adam L. DeHart. LS ' Keeler-Webb Associates 486 Gmdle Drive ~ C,'u'mcl, IN 46032 RE: Cherry. Tree Estates Annexatiun Dear Admn: . . As reque~;lc~l, Ihis office has reviewed thc legal descriptions and drawing submiltcd for the proposed annexation of thc subdivision to be muned Cberry Tree Estates. We offer file following comments: 1. The legal descriptions for fl~e properly and for tile remainder of Ihe right-of-way of Cherry Tree Road appear to be in order. 2. The drawing of Cherry Tree Estates is missing two bearings, which should be included in the drawing snbmilted for annexation. The drawing submission should ,also include the Cherry Tree Road right-of-. , way and ,'ill appropriate bearings. 3. This parcel is contiguous to thc Spring Creek Subdivision, specifically to Annexation Ordinance C-179 that was approved by Cannel City Council on October 16, 1995 and recorded on Janu,xry 2, 1996. I am enclosing a copy of this ordinance. The contiguous bearings for tile proposed annexation match fllose of Ordinance C-179. The overall perimeter of lhe proposed annexation, including Cherty Tree Road, appears lobe 2,298.89 linear feet. The contiguous perimeter totals 781.19 linear feet or 34.0 %. The description submitted meels and exceeds file one-cigbth-configuity rcquiremenl. Therefore, tiffs office approves this annexation description for thc Cherry Tree Estates subdivision. I am enclosing annexation procedures from tile office of the Clerk-Treasurer for your information, in case you do not lmve a copy. I mn 'also enclosing ,an ex,'m~ple of an annexation with an exhibit of the legal description. Your ,'umcxation sbonld be prcscmed in a similar manner. If possible, the exltibit (drawing) shonldbeS~Axllor 11x14. If we may beof fimhcr assistafice, don't hesitate to call. Sincercly, M. Kate Boyle-Weese, P.E. Cily Engineer MKB?rbh Enclosures cc: Donglas Haney, City Altomcy Dick Hill, Deparl[nent of Engineering Diana Cordray, Clerk-Treasurer (.)NE CIVIC SQUARE CARMEL, INDIANA 46032 31 ~/571-2441 t02.74' S 89'28'53" E 460.33' 197.59' 6 7 · F'~-I .4 127.55' OPEN SPACE SOMMON 1 1e,2~ ~.fL AREA F~m 2 / / / / / TOTAL .,F). kS FA bJ C E. ,.=,.,-7.-Z~ 5..97' or 35.23% CHERRY TREE ESTATES ~ ANNEXATION ORDIANCE C-202 ADJOINING KEELER-WEBB ASSOCIATES KEELEIR-WEIBIB 2kS$OGIATES Corlsulting Engineers ' Planners ' Surx,eyors CARMEL. INDIANA 46032 APril 19, 1999 Ms. 'Kate Boyle-Weese C1TY Of CARMEL Dept. of Engineering One Civic Square Carmel, Indiana 46032 Re.: Cherry Tree Estates Annexation Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 RESPONSE LETTER This letter is in response to your items as noted in your April 6', 1999, Review Letter of the legal descriptions and primary plat previously submitted to your office for your review. The following items directly correlate with your letter: Legal descriptionS for the property and the balance of the Cherry .Tree 16-1/2' Cherry Tree Road right-of-way lying east and adjacent to property are as shown on the Primary Plat. The curve length distance at the curve along Cherry Tree Road has been added to the Primary Plat and correlate with.the regal description on Sheet No. 1. The line table for Line Lll near the southwest corner of the property depicts the bearing and distance which matches the Legal Description on the Primary Plat. 3. Thank you for your copies of the attached Spring Creek Ordinance and additional information iq regards to annexation .process. Attached for your review, comment and use, are two 11 x 17 copies of the Primary Plat. Indianapolis. IN. Chicago/IL: St. Louis. MO' C~ncinu~tti. OH' Henderson,, K~ ' dacgz,sonv~lle. P £ CHERRY TREE ROAD R/W LEGAl_ DE RIPTION A part of the Northwest Quarter of Section 22, Township 18 North, Range 4 East located in Clay Township, Hamilton County, Indiana, being more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 22, Township 18 North,~ Range 4 East; thence South O0 degrees 0.3 minutes 52 seconds West, (deed, South O0 degrees 06 minutes 40 seconds West, measured, based on the North line of said Northwest Quarter having on assumed bearing of North 90 degrees O0 minutes O0 seconds West) 1320.1.3 feet, (deed, 1525.75 feet, measured) on and along the East llne of said Northwest Quarter to the Norkheast corner of the South Hail of said Northwest' Quarter; [hence South B9 degrees 58 minutes 47 seconds West, (deed, North 6g de,tees 55 minutes 13 seconds Wes[, measured) 11.16 feet on an along the North llne of the South Half of said , Northwest Quarter to its Point of intersection with the center line of Cherry Tree Road as located in October of 1980, said Point of intersection being on o non-[origen[lei curve to the [eft .and being North 78 degrees 07 minutes 24 seconds West, (deed, North 78 degrees 01 minutes 24 seconds West, measdred) ;353.41 feet from the radlu~ po~nt of said curve to the left; the next courses ore on and along'the centerline of'said Cherry Tree Rood, (1) thence Southwesterly, 6g.O0 feet on and along said curve to the left to its Point of Tangency, said Point of Tangency being North B9 degrees 58 minutes 49 seconds West, (deed, North; 89 degreeS 52 minutes 49 seconds West, measured) 553.41 feet from the radius Point of said curve to the left; (2) thence South O0 degrees 01 minutes 11 seconds West, (deed~ South O0 degrees 07 minutes 11 seconds West, measured)294.17 feet to the POINT OF BEGINNING of this description; (5) thence South O0 degrees 10 minutes 19 seconds West, (deed, South . O0 degrees 16 minutes 19 seconds West, measured) 448.94 feet to the Point of Curvature of a curve to the right, said Point of Curvature being South 89 degrees 49 minutes 41 seconds East, (deed', South 89 degrees 45 minutes 41 seconds East, measured) 138.90 feet from the radius point of Said curve;' (4) [hence Southwesterly 155.96 feet on and along said curve to the right to its Point of Tangen'cy, said Point of Tangency being South 26 degrees 19 minutes 01 seconds East, (deed, South 26 degrees 15 minutes 01 seconds East, measured) 138.90 feet' from the radius point of said curve, said Point of Tongency also being On the North line of a 5.73 Acre Tract of land described in Instrument Number 0805 and recorded in Deed Record 123, page 586 in the records of Hamilton County, indiana; thence leaving the can[arlene of said Cherry Tree Rood, South 64 degrees 22 minutes 21 seconds West, 405.70 feet, deed (South 64 degrees 52 minutes .37 seconds West 401.31 feet, measured) on and along the North line of said .3.73 Acre Tract of land to its intersection wlth the Southerly ex[eh[lan of a line traversrng on e~rsUng fence line, os located in October of 1980, sold Point of intersectlon being 5.22 feet Northerly, (deed, North 05 degrees 51 minutes 15 seconds West, measured) of the . physical centerline of Cherry Tree Road as located in April of 1995; thence South 05 degrees 58 minutes 26 seconds East, (deed. South 05 degrees 51 minutes 15 seconds East, measured) 5.22 feet on a'nd along the Southerly ex[eh[ion of said line, to the centerline of Cherry Tree Rood; thence South 25 degrees 49 minutes 25 seconds East, 16.5 feet, to the Southern right-of-way line of Chert7 Tree Road; thence, continuing along th~ following (5) courses, being the Southern and Eastern Hght-of-way"l~ne 9f Cherry Tree Rood, North 64 degrees 10 minutes 35 seconds East, 402.11 feet, to the Point of Curvature of o .curve t6 the lee[, said Point of Curvature being North 26 degrees i9 minutes 01. seconds East, (deed, North 26 degrees 13 minutes 01, seconds East, measured) 155.40 feet from the radius point of said curve; thence Northeasterly 173.32 feet on end along said curve to the left to ~ts Point of TCngency, being North 89 degrees 49 minutes 41 seconds East, (deed, SoUth 89 degrees 4,3 minutes 41 seconds Ecs[, measured) 155.4-0 feet from the radios point of said curve; thence North O0 degrees 16 minutes 19 seconds East, 448.94 feet; thence North 89 degrees 43 minutes 41 seconds West, 16.50 feet, to the POINT OF BEGINNING, contoiMng 0.407 acres more or less. ~"~;~"+ tr~ ~.he Stob'!tcg' Ee, sernen+ for the riaht-of-wov for the Emily Vestal Regulated Natural Drain. Subject also to the right of way of Cherry Tree Rood (C.ounty Rood E75) and to Ell other legal easements and rights-of-way. PETITION FOR ANNEXATION The undersigned (hereinafter the "Petitioner"), the owner of the real estate described in Exhibit 'A" attached · hereto and made part hereof, in support of this Petition for Annexation, states as follows: 1 .) The Petitioner is the owner of the real estate described in Exhibit 'A' (real estate), 2.) The Common Council of the City of Carmel, Indiana ("Council"), by ordinance, has defined the corporate boundaries of the City of Carmel, Indiana. 3.) More than o~e-eighth (1/8) of the aggregate external boundaries of the real estate coincides witl~ the corporate boundaries of the City of Carmel, Indiana. WHEREFORE The Petitioner requests that the Council adept an ordinance annexing the rea~ estate to the City of Carmel, Indiana. STATE OF INDIAi~A ) )SS: CO~JNTY OF HAMILTON ) RDJ Custom Homes. Inc. Cherry Tree Estates RDJ Custom Homes, Cherry Tree Estates President Robert Lunsferd Before me, a Notary Public in and for said County and State, personatty appeared Robert Lunsford, by me known, and by me to be the President of RDJ Custom Homes, Inc. Cherry Tree Estate, who acknowledged the execution of the foregoing PETITION OF ANNEXATION for and on behalf of said partnership. Witness ~y hand and Notarial' Seal this' ,,/-~74-----~ day of November, 1999. ~ota'r~ "Public Printed Signature My Commission Expires:/k./-O,j~'~¢'~.~,-- = ~.~ ,,3~__CD/ County of Residence: .,~/Y~,";""~